Need assistance in software eula.

[Unknown1234]

KASPERSKY LAB END USER LICENSE AGREEMENT

2. Grant of License
2.1. The Rightholder hereby grants You a non-exclusive license to store, load, install, execute, and display (to “use”) the free of charge Software on a specified number of Computers in order to be used as an auxiliary tool to cure Your Computer on which the Software is installed, from threats described in the User Manual, according to the all technical requirements described in the User Manual and according to the terms and conditions of this Agreement (the “License”).
2.2. You have the right to make a copy of the Software solely for back-up purposes and only to replace the legally owned copy if such copy is lost, destroyed or becomes unusable. This back-up copy cannot be used for other purposes and must be destroyed when you lose the right to use the Software or when Your license expires or is terminated for any other reason according to the legislation in force in the country of your principal residence or in the country where You are using the Software.

4. Limitations
4.1. You shall not emulate, clone, rent, lend, lease, sell, modify, decompile, or reverse engineer the Software or disassemble or create derivative works based on the Software or any portion thereof with the sole exception of a non-waivable right granted to You by applicable legislation, and you shall not otherwise reduce any part of the Software to human readable form or transfer the licensed Software, or any subset of the licensed Software, nor permit any third party to do so, except to the extent the foregoing restriction is expressly prohibited by applicable law. Neither Software’s binary code nor source may be used or reverse engineered to re-create the program algorithm, which is proprietary. All rights not expressly granted herein are reserved by Rightholder and/or its suppliers, as applicable. Any such unauthorized use of the Software shall result in immediate and automatic termination of this Agreement and the License granted hereunder and may result in criminal and/or civil prosecution against You.
4.2. You shall not rent, lease or lend the Software to any third party.
4.3. You shall not use the Software in the creation of data or software used for detection, blocking or treating threats described in the User Manual.
4.4. Technical support for the Software is available only for users of commercial products of the Rightholder (http:// support. kaspersky. com).

Dear sir,
Does it mean that I can use this software for commercial gain, for example, cleaning virus on my computer friend with payment (service payment, not tool)?

Sincerely,

Customer

 

[quincy]

KASPERSKY LAB END USER LICENSE AGREEMENT

2. Grant of License
2.1. The Rightholder hereby grants You a non-exclusive license to store, load, install, execute, and display (to �use�) the free of charge Software on a specified number of Computers in order to be used as an auxiliary tool to cure Your Computer on which the Software is installed, from threats described in the User Manual, according to the all technical requirements described in the User Manual and according to the terms and conditions of this Agreement (the �License�).
2.2. You have the right to make a copy of the Software solely for back-up purposes and only to replace the legally owned copy if such copy is lost, destroyed or becomes unusable. This back-up copy cannot be used for other purposes and must be destroyed when you lose the right to use the Software or when Your license expires or is terminated for any other reason according to the legislation in force in the country of your principal residence or in the country where You are using the Software.

4. Limitations
4.1. You shall not emulate, clone, rent, lend, lease, sell, modify, decompile, or reverse engineer the Software or disassemble or create derivative works based on the Software or any portion thereof with the sole exception of a non-waivable right granted to You by applicable legislation, and you shall not otherwise reduce any part of the Software to human readable form or transfer the licensed Software, or any subset of the licensed Software, nor permit any third party to do so, except to the extent the foregoing restriction is expressly prohibited by applicable law. Neither Software�s binary code nor source may be used or reverse engineered to re-create the program algorithm, which is proprietary. All rights not expressly granted herein are reserved by Rightholder and/or its suppliers, as applicable. Any such unauthorized use of the Software shall result in immediate and automatic termination of this Agreement and the License granted hereunder and may result in criminal and/or civil prosecution against You.
4.2. You shall not rent, lease or lend the Software to any third party.
4.3. You shall not use the Software in the creation of data or software used for detection, blocking or treating threats described in the User Manual.
4.4. Technical support for the Software is available only for users of commercial products of the Rightholder (http:// support. kaspersky. com).

Dear sir,
Does it mean that I can use this software for commercial gain, for example, cleaning virus on my computer friend with payment (service payment, not tool)?

Sincerely,

Customer

We are not allowed on this forum to analyze the terms and conditions of legal agreements. For those who are not attorneys, it would be the unauthorized practice of law and for attorney -members, it violates professional codes.

Your best source of information is the rights holder/grantor of the license, although you can ask an attorney in your state to interpret the agreement for you.

 

[single317dad]

Speaking broadly and generally:

Unless you've purchased a specific license to use a software in a commercial endeavor, you're probably not authorized to do so. Most licenses obtained by individuals are exactly that: individual licenses. They usually allow you to use the software on one computer at a time, for personal use. When you start a business and profit from the wrong kind of license, you can quickly find yourself in legal trouble.

 

[quincy]

The "broad and general" comments offered by single317dad almost always apply to EULAs.

The agreement you quoted seems (to me, at least) to be rather clear in its wording and meaning so I wonder: Are you located in the US, Unknown1234?

 

[Unknown1234]

How can I get a reply to this thread, if moderator accept my first post after nine days?

And second reply is still in moderation, for a long long time.

 

[quincy]

How can I get a reply to this thread, if moderator accept my first post after nine days?

And second reply is still in moderation, for a long long time.

Because this latest post of yours has appeared without any apparent issue, I can only guess at why your post was flagged for moderator review.

If you posted a link, or if you used derogatory language, or if you tried to "submit" your post several times in a row, or possibly if you are posting from a foreign country (for a few examples), this can result in a post being held for moderator review.

What is it you want to add to your thread? It has already been advised that you seek out help from an attorney licensed to practice in your own jurisdiction. We cannot help you draft an agreement or analyze the terms of an agreement.

 

[Zigner]

...as an auxiliary tool to cure Your Computer on which the Software is installed..."

Does it mean that I can use this software for commercial gain, for example, cleaning virus on my computer friend with payment (service payment, not tool)?

The license allows you to use it on YOUR COMPUTER.

 

[quincy]

Although this may or may not be the reason for Unknown1234's moderated post, what he wrote in his post could potentially have been flagged as an advertisement for Kaspersky Lab software.

NPR provided some interesting background information on Eugene Kaspersky, a Russian cybersecurity expert.

Here is a link to the NPR discussion: http://www.npr.org/sections/alltech...ybersecurity-leader-with-ties-to-russian-govt