13.13. Certain HMA Solutions
13.13.1. Virtual Private Network. Unless otherwise provided by the Applicable Conditions, your subscription to the HMA Virtual Private Network product (the “HMA VPN”) authorizes you to create no more than 5 simultaneous connections in respect of each HMA VPN subscription. Notwithstanding anything to the contrary in this Agreement, if you exceed the number of simultaneous connections authorized for your HMA VPN subscription, Vendor may at any time without any prior notice to you, suspend or disable your access to, and/or use of, the HMA VPN. If you wish to increase the authorized number of simultaneous connections for your HMA VPN subscription, please contact us at sales@hidemyass.com.
13.13.2. Web Proxy. The HMA web proxy service (“Web Proxy”) is a free Solution that does not require you to register your details with Vendor. You acknowledge and agree that you are solely responsible for, and Vendor Group and Vendor Partners accept no liability to you or any third party for: (a) your access, viewing or use of, or the contents of (including any offensive or objectionable content), any third party website accessed or viewed while using Web Proxy; (b) your compliance with the terms of use applicable to any third party website you access, visit or use while using the Web Proxy; and (c) any claim, loss or damage arising from any content that you create, make available, transmit or display while using Web Proxy, including any claim, loss or damage suffered or incurred by Vendor Group or Vendor Partners.
13.14. Virtual Private Networks. Several countries prohibit or restrict the use of virtual private networks (“VPNs”), and some have instituted technological measures to prevent VPNs from working. As a result, Vendor’s VPN Solutions (including the HMA VPN) are subject to territorial restrictions that may change from time to time. You can find further information here.
13.15. Appliance. Vendor may provide you with a dongle or other appliance (the “Appliance”) as a part of your Solution, in which case the additional provisions set forth in this Section 13.15 will apply:
13.15.1. The limited warranty period established by Section 6.1 is extended for the Appliance to 1 year from the date of purchase (the “Appliance Warranty Period”).
13.15.2. You must notify Vendor promptly if the Appliance is or becomes defective. If you notify Vendor of the defect during the Appliance Warranty Period and Vendor is unable to remedy the defect remotely, Vendor at its option and expense within 5 business days will either: (a) replace the Appliance with a new or refurbished unit of the Appliance, in which case the warranty established by Section 6.1 will apply for the remainder of the Appliance Warranty Period applicable to the original unit of the Appliance; or (b) terminate your subscription and refund any unearned subscription fees you have previously paid. If the Appliance fails following the end of the Appliance Warranty Period, or if it fails because of misuse, tampering, interference, abuse, casualty, loss or theft, Vendor may charge you its standard price for the replacement unit of the Appliance. Vendor in its sole discretion may replace the Appliance with a new or different appliance that will also be subject to this Agreement (including Section 13.15).
13.16. Mobile Threat Intelligence Platform
13.16.1. As used in this Section 13.16:
(a) “Content” means any content, materials, products and services that you may access on or through the MTIP, including Vendor Content, Your Content and information you may exchange with other MTIP users.
(b) “MTIP” means the Mobile Threat Intelligence Platform made available by Avast.
(c) “Threat Sample” means any code, feature, routine or device that contains, describes or demonstrates any element of Malicious Code.
(d) “Vendor Content” means all Content that members of the Vendor Group upload, publish, display or make available to others by using the MTIP, and all Content that is published, displayed, distributed or made available by other parties using the MTIP, but excluding Your Content and Threat Samples.
(e) “Your Content” means all Content (excluding any Threat Samples), materials, products and services that you upload, publish, display, distribute or make available to others by using the MTIP.
13.16.2. Vendor Content, as between you and the Vendor Group, is the property of the members of the Vendor Group. Members of the Vendor Group, subject to the terms and conditions of this Agreement, grant you a limited, non-exclusive license to use and access Vendor Content as made available to you on the MTIP solely in connection with your use of the MTIP.
13.16.3. The availability of any Content on the MTIP does not amount to an endorsement or verification of such content by any member of the Vendor Group. Members of the Vendor Group make no warranties or representations regarding the accuracy, completeness, or timeliness of any Content made available on the MTIP. Members of the Vendor Group are not providing any advice or recommendations to you by making Content available on the MTIP (including in respect of Vendor Content) and, accordingly, you must form your own judgments and decisions based upon your own due diligence and investigations, and must not place any reliance on the accuracy, completeness, or timeliness of any Content made available on the MTIP.
13.16.4. By uploading, publishing, displaying, distributing or making available Your Content on the MTIP, you grant members of the Vendor Group a non-exclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable (through multiple tiers), license to use, copy, reproduce, process, adapt, modify, create derivative works from, upload, publish, transmit, store, display, distribute, make available to others, and otherwise use Your Content in connection with the operation or use of the MTIP or the promotion, advertising or marketing of the MTIP, in any and all media or distribution methods or modes of making the MTIP or Content available to others (now known or later developed). You agree that this license includes the right for members of the Vendor Group to make Your Content available to Vendor Partners who collaborate with members of the Vendor Group for the uploading, publishing, displaying, distributing or making available Your Content through other media or distribution methods or modes of making the MTIP or Content available to others. This license also includes the right for other users of the MTIP to use and modify Your Content. You understand that we may modify, adapt, or create derivative works from Your Content in order to upload, publish, display, distribute or make it available over computer networks, devices, service providers, and in various media. We may also remove or refuse to publish Your Content on the MTIP, in whole or part, at any time in our sole discretion.
13.16.5. By uploading, publishing, displaying, distributing or making available Your Content on the MTIP, you represent, warrant and undertake to each member of the Vendor Group that: (a) you have the ownership rights, or you have obtained all necessary rights licenses or permissions from any relevant parties, to use Your Content and to grant members of the Vendor Group all necessary rights, licenses and permissions to use Your Content as provided for under this Agreement; and (b) that uploading, publishing, displaying, distributing or making available Your Content on the MTIP will not infringe the intellectual property rights of any third party or member of the Vendor Group, violate the privacy or other personal rights of others, or violate applicable law. You accept full responsibility for avoiding infringement of the intellectual property, violation of the privacy or other personal rights of others or violation of applicable law in connection with Your Content. You agree to pay all royalties, fees, and any other monies owed to any person by reason of you uploading, publishing, displaying, distributing or making available Your Content on the MTIP or members of the Vendor Group or Vendor Partners exercising any of the rights, licenses and permissions you have granted under this Section 13.16.
13.16.6. No member of the Vendor Group makes any representation, warranty or undertaking regarding Threat Samples, and the Vendor Group disclaims any warranty (whether express or implied) that the reproduction, distribution or use of any Threat Sample does not infringe the intellectual property rights of any third party, violate the privacy or other personal rights of others, or violate applicable law. If you use, copy, reproduce, process, adapt, modify, create derivative works from, upload, publish, transmit, store, display, distribute, make available to others, or otherwise use any Threat Sample, you assume all associated risks, and irrevocably waive all rights to bring a claim against any member of the Vendor Group in connection with such Threat Sample.
13.16.7. For the avoidance of doubt, Sections 4, 5.1.7, 5.1.11 and 5.3 (“Pertinent Sections”) shall be applicable to Your Content and your use of the MTIP (including uploading, publishing, displaying, distributing or making Your Content available on the MTIP). This Section 13.16 and the Pertinent Sections, to the greatest extent practicable, will be construed to be consistent with each other, but in the event of a conflict they will govern in the following order of precedence: (i) this Section 13.16; and (ii) the Pertinent Sections.
