3.1. Customer may use the Product to run voting sessions only upon acceptance of this ToU and as long as the License remains in effect.
3.2. Customer acknowledges that Kaspersky Lab provides the same or similar Product to other customers and that nothing in the ToU shall be construed to prevent Kaspersky Lab from carrying on such business. The customer acknowledges that Kaspersky Lab may at its sole discretion develop, use, market, and distribute any components that are substantially similar to components of the Product with similar or other structure, content, and organization. Notwithstanding the preceding sentence, Kaspersky Lab agrees that it will not market or distribute any Product components that include confidential information of the Customer.
3.3. Customer may not distribute, transfer or resell the Product and/or its components. Providing the Product and/or its components to third parties regardless of whether they are provided on a commercial or free basis is strictly prohibited and considered as significant harm to Kaspersky Lab. In the event that Customer violates the restrictions indicated herein Kaspersky Lab shall be entitled to charge compensation which may include direct damages, as well as loss of profit and any supplementary expenses which may be suffered by Kaspersky Lab subject to such violation and Customer hereby, agrees that payment of such compensation shall not be withheld.
3.4. Customer shall not emulate, clone, modify, decompile, or reverse engineer the Product or its components. Customer shall not sell, rent, lease or lend the Product or its components to any third party or use the Product to create own product or service.
3.5. Customer may not remove or alter any copyright notices or other proprietary notices on the Product, related documentation, or materials. 3.6. Conditions Regarding Data Processing
3.6.1.Under this section the following additional definition is introduced:
Data Subject means a natural person who is a representative of the Customer and who uses the Product directly or indirectly, including a worker, contractor, employee, or client of the Customer, or a voter invited by the Customer to vote in a voting session initiated by the Customer by means of the Product functionality, in respect of whom data is transmitted and processed in the context of the Customer's activities, including data which may represent personal data under the laws of certain countries.
3.6.2.Kaspersky Lab undertakes the processing of all data received from the Customer in accordance with the instructions of the Customer. This ToU, in particular the provisions of this section 3.6 "Conditions Regarding Data Processing," along with the use of the functionality of the Product and its configuration by the Customer shall be considered as complete instructions of the Customer to Kaspersky Lab regarding data processing unless otherwise specified in a separate written agreement between the Customer and Kaspersky Lab or a Partner.
3.6.3.The Customer is solely responsible for acquainting itself with the User Manual located at https://polys.me/help-center
, particularly in regards to data processing, with Kaspersky Lab's Privacy Statement available at (https://www.kaspersky.ru/web-privacy-policy
) and independently determining whether they comply with the Customer's requirements.
3.6.4.The Customer must comply with laws that apply to the use of the Product, including laws on confidential information, personal data, and data protection. The Customer is responsible for implementing and maintaining confidentiality and security measures in respect of data when using Product components that process data that is not transferred to Kaspersky Lab. The Customer must determine the appropriate technical and organizational measures for the protection and confidentiality of data when using such components of the Product.
3.6.5.The Customer must ensure that consent which meets all requirements of the applicable laws, particularly where the Data Subject is in the European Union and Article 6 (1) (a) GDPR applies, was given by each Data Subject. The Customer represents and warrants that consent of each Data Subject was obtained prior to the processing of his or her personal data.
3.6.6.The Customer is responsible for proving the existence of effective consent to the processing of personal data, particularly according to Article 7 (1) GDPR where Data Subject is in the European Union. The Customer represents and warrants that it is able to and will prove the existence of each Data Subject's consent at any time upon request by Kaspersky Lab within five (5) working days from the date of such request.
3.6.7.The Customer is obliged and has the full and sole responsibility to provide each Data Subject with all information required by the applicable law to obtain consent as described above, particularly under Article 13 GDPR where Data Subject is in the European Union. The Customer is obliged to provide each Data Subject with Kaspersky Lab's Privacy Statement available at (https://www.kaspersky.ru/web-privacy-policy
) prior to the processing of his or her personal data.
3.6.8.The Customer shall be fully liable in relation to Kaspersky Lab for any damages resulting from a breach of this ToU, in particular, where applicable, the Customer's failure to obtain effective consent of a Data Subject, or from the failure to obtain sufficient effective consent, or from the lack of proof or belated proof of effective consent of Data Subject and/or from any other violation of an obligation under this ToU.
3.6.9.The Customer shall indemnify Kaspersky Lab from and against any third party claims arising from the failure of Customer to fulfill obligations under this section 3.6 "Conditions Regarding Data Processing" which third parties, including, without limitation, supervisory data protection authorities, assert against Kaspersky Lab.
3.7. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KASPERSKY LAB BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR LOSS OF PRIVACY, FOR CORRUPTION, DAMAGE AND LOSS OF DATA OR PROGRAMS, FOR FAILURE TO MEET ANY DUTY INCLUDING ANY STATUTORY DUTY, DUTY OF GOOD FAITH OR DUTY OF REASONABLE CARE, FOR NEGLIGENCE, FOR ECONOMIC LOSS, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER PRODUCTS, INFORMATON, SERVICE AND RELATED CONTENT THROUGH THE PRODUCT OR OTHERWISE ARISING OUT OF THE USE OF THE PRODUCT, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS ToU, OR ARISING OUT OF ANY BREACH OF CONTRACT OR ANY TORT (INCLUDING NEGLIGENCE, MISREPRESENTATION, ANY STRICT LIABILITY OBLIGATION OR DUTY), OR ANY BREACH OF STATUTORY DUTY, OR ANY BREACH OF WARRANTY OF KASPERSKY LAB, EVEN IF KASPERSKY LAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
3.8. If Customer violates any of its obligations hereunder or License limitations stipulated in this ToU or other legally binding document entered into between Kaspersky Lab or a Partner and Customer, Kaspersky Lab may revoke the License and terminate the Customer's access to the Portal.
3.9. Kaspersky Lab reserves the right at any time to improve the Product and/or its components.
3.10. Kaspersky Lab reserves the right at any time to modify this ToU and to impose new or additional terms or conditions on the use of the Product. Such modifications will be effective immediately when incorporated into the ToU. Continued use of the Product by the Customer will be deemed acceptance thereof.
3.11. No delay or omission by either party in exercising any right under this ToU shall operate as a waiver of that or any other right. A waiver or consent given by a party on any one occasion shall be effective only in that instance and shall not be construed as a bar or waiver of any right on any other occasion. In the event that any provision of this ToU shall be invalid, illegal or otherwise unenforceable, the validity, legality, and enforceability of the remaining provisions shall in no way be affected or impaired. This ToU may also be amended or modified by a written instrument executed by both the Customer and Kaspersky Lab or by Kaspersky Lab only as stipulated in clause 3.10.
3.12. 3.12.1. Except as provided in Clauses 3.12.2 and 3.12.3 below, this ToU shall be governed by and construed in accordance the laws specified below for the country or territory in which you obtained the Product, without reference to or application of conflicts of laws principles:
a. Russia. If you obtained the Product in Russia, the laws of the Russian Federation.
b. United States, Puerto Rico, American Samoa, Guam, and the U.S. Virginia Islands. If you obtained the Product in the United States, Puerto Rico, American Samoa, Guam, or the U.S. Virgin Islands, the laws of the State of Massachusetts, USA, provided, however, that the laws of the U.S. state where you live will govern claims under state consumer protection, unfair competition, or similar laws. To the fullest extent permitted by law, the Rightholder and you expressly agree hereby to waive any right to a trial by jury.
c. Canada. If you obtained the Product in Canada, the laws of the Province of Ontario.
d. Mexico. If you obtained the Product in Mexico, the federal laws of the Republic of Mexico.
e. European Union (EU). If you obtained the Product in a member country of the EU, the laws of Germany.
f. Australia. If you obtained the Product in Australia, the laws of the State or Territory in which you obtained the license.
g. Hong Kong Special Administration Region (SAR) and Macau SAR. If you obtained the Product in Hong Kong SAR or Macau SAR, the laws of Hong Kong SAR.
h. Taiwan. If you obtained the Product in Taiwan, the laws of Taiwan.
i. Japan. If you obtained the Product in Japan, the laws of Japan.
j. Any Other Country or Territory. If you obtained the Product in any other country, the substantive laws of the country where the purchase took place would be in effect.
3.12.2. Notwithstanding the foregoing, if the mandatory laws or public policy of any country or territory in which this ToU is enforced or construed prohibit the application of the law specified herein, then the laws of such country or territory shall instead apply to the extent required by such mandatory laws or public policy. Similarly, if you are an individual consumer, the provisions of Clause 3.12.1 shall not affect any mandatory right you may have to take action in your country of residence under the laws of that country.
3.12.3. This ToU shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
3.12.4. The Customer is responsible for contacting only Kaspersky Lab or its partners directly if having any problems with the product.