Kaspersky business customers accept one of two standard contracts with AO Kaspersky Lab. On-premises software such as Kaspersky Endpoint Security is covered by the Kaspersky Endpoint Security End User License Agreement (EULA). The cloud-managed product is covered by the Kaspersky Endpoint Security Cloud Agreement. Both appear on the legal documents page of Kaspersky Business Hub, which lists the agreements for the software solutions available on Business Hub.[1] Kaspersky Next workspaces are listed and managed on Kaspersky Business Hub,[8] but the legal documents page does not name Kaspersky Next. The Cloud Agreement is therefore described here under its own title. Kaspersky’s business EULA index links to the cloud agreements and to the product EULAs.[2] In Kaspersky Next the administrator accepts the agreement when connecting to the service. Anyone who does not accept it must not use the service.[3] Both documents give way to negotiated terms. The EULA says a licence contract that accompanies the software prevails over it. The Cloud Agreement says a separate agreement with Kaspersky or a partner prevails where the two conflict.[1] For the vendor overview, see Kaspersky licensing.
Editions
The EULA does not name editions. It says software functions depend on the licence type in the License Certificate, as described in the User Manual.[1] The Cloud Agreement says the same of the cloud product. It adds that with some licence types the workspace may need to be migrated to another product and some functions then stop being available.[1]
Metrics
Computer. The EULA defines Computer(s) as a combination of hardware, including PCs, laptops, workstations, smartphones and other devices, and the operating system(s), including system virtual machines, on which the Software is installed or used.[1] Catalog: Computer.
End User. The licensee is the organization for which the Software is downloaded or acquired. The person accepting the EULA is taken to have that organization’s authority.[1]
Entitlement documents. The EULA defines an Activation Code as a unique set of characters that can activate the Software. A Key File is a file with the “.key” extension that can activate it. The License Certificate is the document given to the End User together with a Key File and Activation Code.[1] The Cloud Agreement describes its License Certificate as a file Kaspersky generates when it executes an order.[1]
Counting / floors
Number of Computers. The licensee may use the Software to protect the number of Computers specified on the License Certificate.[1] Different versions, languages or media count together. Every copy counts toward the number of computers in the licences obtained.[1] Catalog: Use is limited to the number of Computers on the License Certificate.
Desktop licences. A “Desktop” licence may be used only on devices running an operating system classified by its manufacturer as a workstation system, or, without such a classification, an operating system installed on PCs or workstations, including in virtual environments.[1] Catalog: Desktop licences only on workstation operating systems.
Backup copy. One copy may be made for backup purposes only. It must be destroyed when the right to use the Software ends.[1]
Floors. Neither document sets a minimum quantity.
Term, updates and re-activation
The EULA limits use to the period specified in the License Certificate.[1] From activation, except under a trial, the licensee receives Updates, technical support and access to Kaspersky information resources for the period in the certificate. Updates become part of the Software.[1] If the licensee modifies its Computer or other vendors’ software on it, Kaspersky may require re-activation.[1] Kaspersky does not guarantee protection after the certificate period ends.[1]
Under the Cloud Agreement the initial expiry date is in the License Certificate. The licence can be renewed for further periods by placing another order, and the agreement stays in force for the whole licence term.[1] Kaspersky may terminate at once for material breach. For other breaches it gives 15 days’ written notice to cure.[1] Kaspersky also reserves the right to change the product and to modify the agreement with immediate effect, and continued use counts as acceptance. The data processing agreement is excluded from this right.[1]
Third-party patches deployed through Kaspersky Next’s Vulnerability Assessment and Patch Management may need their own EULAs accepted in the console. An update whose EULA is not accepted is not installed.[5]
Trials
The EULA allows a trial version to be used only for evaluation, during the single applicable evaluation period of 30 days, without Updates or technical support.[1] The Cloud Agreement limits trial use to evaluation and non-production purposes for 30 days, unless Kaspersky sets another duration, without technical support.[1] Catalog: Cloud trial use is evaluation and non-production only.
Use restrictions
| Restriction | Source |
|---|---|
| Cloud licence is non-exclusive, non-transferable and limited to the User’s internal business purposes | Cloud Agreement s.2.1[1] |
| No selling, renting, leasing or lending the Product or Managed Software, and no using it to build the customer’s own threat-detection products or services | Cloud Agreement s.3.3[1] |
| No emulating, cloning, renting, lending, leasing, selling, modifying, decompiling or reverse-engineering the Software | EULA cl.6.1[1] |
| No transferring the rights to use the Software to any third party | EULA cl.6.2; cl.3.7[1] |
| Activation codes and key files are confidential and may not be given to third parties | EULA cl.6.3[1] |
| No using the Software to create data or software for detecting, blocking or treating threats | EULA cl.6.5[1] |
The transfer ban has practical effects. A licence cannot follow a divested business unit, and a managed service provider cannot reuse a customer’s codes, unless a separate agreement allows it. Catalog: No transfer of rights and no sharing of activation codes or key files; Cloud console licence is for internal business purposes only; No resale, rental or lending of the cloud product.
Audits and compliance
Neither document contains a classic on-site audit clause. Compliance is enforced technically instead.
- Verification. Kaspersky reserves the right to use any means and verification procedures to check the validity of the licence and the legality of a copy. If there is no appropriate licence, or verification cannot be done in reasonable time, the Software works with limited functionality.[1] Catalog: Kaspersky may verify licence validity technically.
- Key blocking. The key file can be blocked if the licensee breaches the EULA.[1] Kaspersky Endpoint Security then keeps full function for eight days before dropping to post-expiry functionality.[6]
- Termination and revocation. Any unauthorized use ends the EULA licence immediately and automatically.[1] Under the Cloud Agreement, Kaspersky may revoke the licence and disable the Product if the user breaches its obligations or licence limits.[1]
- Licence telemetry. Kaspersky Next sends Kaspersky the licence type, the device limit, the number of connected devices, the order number and the selling partner’s name.[7]
For the general discipline, see software license audit.
Governing law and claims
The on-premises EULA is governed by the laws of the Russian Federation. Disputes not settled by negotiation go to the International Commercial Arbitration Court at the Russian Federation Chamber of Commerce and Industry in Moscow.[1] The Cloud Agreement instead applies the law of the place where the License Certificate was obtained. Examples are Massachusetts law for the United States, Ontario law for Canada, German law for the European Union and the substantive law of the country of purchase elsewhere.[1] Under the Cloud Agreement, claims must be brought within one year, except intellectual property claims.[1] Catalog: Kaspersky Endpoint Security EULA is governed by Russian law with Moscow arbitration.
Support entitlement
Kaspersky’s Technical Support rules apply alongside the EULA. Commercial business software is supported only while the licence is valid and is not a trial.[4] A business support request needs a valid licence added to Kaspersky CompanyAccount; otherwise support may be limited.[4] Guaranteed response times are available only as paid services.[4] Catalog: Business software is supported only under a valid, non-trial licence.
Virtualization & partitioning
The EULA counts system virtual machines as Computers and has no partitioning rule; see Kaspersky license keys, activation and Hybrid Cloud Security for host-based virtualization licensing.[1]
Out of scope
- Data processing agreements, standard contractual clauses and Kaspersky Security Network statements attached to the agreements.
- The Kaspersky Security for Microsoft Office 365 Agreement and the EULAs for Kaspersky Endpoint Security for Mac and Kaspersky Security for Mobile, also published on the same page.
- Consumer EULAs.
- Partner and MSP agreements on the Kaspersky partner portal, which were not publicly retrievable.