The Avast End User License Agreement is the contract for Avast software, services and hardware, and the same text is published by AVG and CCleaner. The agreement defines a “Solution” as software, services or hardware and related firmware, including updates, in connection with which the customer accepts the agreement.[1] It names regional contracting entities, among them Gen Digital Inc. for the Americas, NortonLifeLock Ireland Limited for Ireland, the United Kingdom, Belgium, the Netherlands and Luxembourg, NortonLifeLock Japan KK for Japan and Avast Software s.r.o. for the rest of Europe, the Middle East and Africa.[1] The agreement comes in two parts: sections 1 to 12 apply to all Solutions, and section 13 sets special terms for particular Solutions, which prevail if they conflict.[1]
Gen may amend the agreement at any time by notice, and continued use at least 30 days after the notice date counts as acceptance; a customer who declines may be refunded for the unexpired part of a paid subscription period.[1] The agreement supersedes earlier agreements for a prior version of the Solution.[1] Where a customer acquired several Solutions or several subscriptions, each acceptance is a separate agreement.[1]
The licence and the Subscription Period
Gen grants a non-exclusive licence to use the Solution and its documentation for the agreed period in the Applicable Conditions, including renewals, called the Subscription Period. For free products such as Avast Free Antivirus the Subscription Period is 30 days before expiration, and Gen retains the sole right to extend it for further periods.[1] “Applicable Conditions” are the Subscription Period, the types of Devices, the Permitted Number of Devices and the other transaction terms, conditions and documents accepted on acquisition, including any distribution, reseller or partner agreement.[1] Catalog rule: free products and the 30-day period.
Metric: Permitted Number of Devices
The customer may use the Solution on, or to support, up to the Permitted Number of Devices, being mobile phones, smartphones, tablets, mobile network appliances, other mobile devices, personal computers, IoT and other Internet-connected devices and other compatible devices.[1] Where the Solution is configured for network use, it may be used on one or more file servers or virtual machines on a single local area network for only one of several purposes: permanent installation on up to the Permitted Number of Devices, use over the network provided the number of different Devices using the Solution does not exceed the Permitted Number, or use as an MSP licence.[1] Use outside section 2 or resale is a material breach.[1]
The restrictions add that an authorisation code, licence number, username and password combination or other activation code may not be used on or for more devices than the Applicable Conditions specify and may not be disclosed to anyone except Gen or its designated representatives.[1] Catalog: Permitted Number of Devices, rules network use, activation codes.
Consumer Solutions and Business Solutions
The agreement divides Solutions into two groups.
- Business Solutions, which Gen designates for corporate, commercial or business use, may be used by the customer and its affiliates for internal business purposes, and the customer is responsible for affiliates’ compliance.[1]
- Consumer Solutions are all others, including Avast Free Antivirus, AVG Free Antivirus, CCleaner Free and every Solution for which no fee is required to obtain it or continue using it after a trial. They are for natural persons or members of their household for personal, noncommercial purposes. No Consumer Solution is licensed for commercial use by a person or for use by a business, company, government entity, non-governmental or not-for-profit entity or educational institution.[1]
The CCleaner and AVG pages carry the same definitions.[2][3] Inventory implication: a free consumer product found on a business machine is outside the licence, even when it costs nothing. Catalog rules: Business Solutions, Consumer Solutions, CCleaner text, AVG text.
Auto-renewal (section 2A)
Subscriptions renew automatically, and for annual subscriptions the customer is notified in advance, with the notice stating the cost, charge date and length of the next period; the renewal price may differ from the price paid for the existing period.[1] Unless cancelled, the distributor attempts to take payment up to 35 days before the renewal date, retries up to 15 days after it if the first attempt fails, and sends a confirmation email after renewal.[1] The customer can switch off auto-renewal through the process shown at order, so the subscription ends when the current period expires, and if a subscription auto-renews, the customer may cancel that renewal no later than 30 days after the renewal date, receiving a full refund of the renewal payment if it was taken.[1] The terms made available by the entity from which the customer purchased may add provisions such as a right of withdrawal.[1] Catalog: renewal terms, rules 30-day renewal cancellation, payment retries.
Termination and non-payment
The agreement terminates immediately on breach of the customer’s obligations, including sections 2, 5 and 10, with forfeiture of updates and of any refund for the unused part of the period.[1] Gen may terminate for convenience for any or all Solutions by notice, with the customer’s sole remedy a refund for the unexpired or unused portion of the subscription fees paid.[1] If a Subscription Period depends on a fee and Gen has not received payment by the fifteenth day after it begins, the licence is deemed surrendered and terminates immediately.[1] Catalog: non-payment.
Special terms (section 13)
The special terms that matter for licence positions are:
- Managed Service Provider licences (13.2). Applies to CloudCare, Managed Workplace, Avast Business Services, CCleaner Business Edition and other Solutions used in providing MSP Services, and to all licences to use CCleaner Cloud for Business. Gen grants a limited, non-exclusive, non-transferable licence without sublicensing rights during the Subscription Period.[1] The MSP must require each Customer, including itself where applicable, to bind itself to the then-current agreement and to a service agreement, and may accept the EULA on a Customer’s behalf only where the Customer expressly authorised it.[1] On expiry or termination of a service agreement the MSP must stop providing the Solution and remove or have the Customer deactivate it.[1] Catalog: MSP licences, rule MSP customer terms.
- Technician Edition (13.7). The customer may allow the number of technicians named in the Applicable Conditions to use the Solution for optimisation services and repairs on devices owned by the customer (enterprise subscription) or by third parties (breakfix subscription). Each technician may install it on one device at a time and must remove it before returning control of the device.[1] Catalog: Technician, rule one device at a time.
- Assurance Plan (13.8). A separately paid service in which a Gen technician helps remove malicious code; it covers only the device for which the related security solution was bought and may not be transferred to another device.[1]
- Appliance (13.15). Where Gen supplies a dongle or other appliance, the limited warranty for it runs for one year from purchase.[1]
- Mobile apps, Family Space, VPN and others. Further sections cover mobile apps, Avast Family Space (for personal, noncommercial use by parents, guardians or adults with consent), Premium Technical Support and VPN solutions.[1]
Product names and assignment
Gen may change the name or logo of a Solution to that of another group company or partner, and such changes do not alter the subscription, the Subscription Period or the agreement and give no right to terminate.[1] The customer may not assign rights or obligations without Gen’s written consent, while Gen may assign at any time.[1] Catalog: renaming.
Disputes
Disputes not resolved by informal negotiation go to binding arbitration under the Federal Arbitration Act, with New York substantive law, administered by the American Arbitration Association; proceedings are individual, with no class or representative actions, and commercial rules apply where a Solution was acquired for other than personal or household use.[1]
Compliance notes
- No clause giving Gen a right to audit a customer’s systems was found in the text retrieved; the mechanisms described are activation codes, termination and forfeiture of refunds.[1]
- Distributor terms, such as those of a reseller or retailer, may add rights and obligations, and the EULA says they form part of the Applicable Conditions.[1]
- Business customers should check that each product in use is a Business Solution, not a free or consumer one.
Out of scope
This article does not cover privacy terms, the full limitation of liability, Avast Secure Web Gateway terms, the Mobile Threat Intelligence Platform terms, or the regional addenda to the agreement.