IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT (“LICENSE AGREEMENT”) CAREFULLY BEFORE USING THE SOFTWARE, HARDWARE OR SERVICES (AS DEFINED BELOW). AKOUTO CONSULTING SERVIVES INC. (“AKOUTO”) IS WILLING TO LICENSE THE SOFTWARE, HARDWARE AND SERVICES TO YOU AS THE INDIVIDUAL, THE COMPANY, OR THE LEGAL ENTITY THAT WILL BE UTILIZING THE SOFTWARE,HARDWARE AND SERVICES (REFERENCED BELOW AS “YOU” OR “YOUR”) ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS LICENSE AGREEMENT. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND AKOUTO. BY USING THE SOFTWARE, HARDWARE OR SERVICES, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, MAKE NO FURTHER USE OF THE SOFTWARE, HARDWARE AND SERVICES, AND CONTACT YOUR RESELLER OR SERVICE PROVIDER FOR INFORMATION ON HOW TO OBTAIN A REFUND OF THE AMOUNT YOU PAID FOR THE CURRENT SERVICE PERIOD (DEFINED BELOW) (LESS SHIPPING, HANDLING, AND ANY APPLICABLE TAXES EXCEPT IN CERTAIN STATES AND COUNTRIES WHERE SHIPPING, HANDLING, AND TAXES ARE REFUNDABLE) AT ANY TIME DURING THE SIXTY (60) DAY PERIOD FOLLOWING THE DATE OF PURCHASE OF A SUBSCRIPTION.
Akouto provides software (a “Security Agent”) that can be installed on third party physical or virtual devices such as desktop computers, servers, network appliances, virtual machines, cloud instances or mobile devices (a “Device”) for the purpose of remotely monitoring and managing the Device hardware, operating system or other software. Akouto also provides software applications including but not limited to cloud based applications and Web portals (“Management Software”) that allow You and your Service Provider to remotely monitor and manage Devices that have a Security Agent installed, using software features provided by the Security Agent and the Management Software. Akouto also provides threat feeds which are a collection of text form or binary network traffic descriptions for identifying suspicious or malicious network traffic and activity (“Threat Feeds”). Akouto or your reseller may supply and install hardware manufactured by a third party (the “Hardware”) that contains software features providing network security functions, remote monitoring and management through the Security Agent. The Security Agent, Management Software, Thread Feeds and their associated services and documentation (collectively the “Software and Services”) are the property of Akouto or its licensors, and are protected by copyright law. The Software and Services do not mandate the purchase or installation of any third party hardware or software components in order to operate. Any third party software or component that is installed on the same Device as a Security Agent is not covered by this License Agreement and is not required to use the Software and Services. Neither Akouto nor its authorized Resellers or Service Providers are responsible for supplying, licensing or supporting any third party software installed on any Device or Hardware that is monitored and managed using the Software, Hardware and Services.
Although Akouto or its licensors continues to own the Software and Services, after Your acceptance of this License Agreement You will have certain rights to use the Software and Services during the Service Period. All rights not expressly granted to You are retained by Akouto and/or its licensors. The “Service Period” shall begin on (a) the date of Your initial installation or use of the Software and Services on any Hardware, computer, virtual environment, mobile or mobile computing device (a “Device”), or (b) if You received the Software and Services or Hardware as part of a multiple product offering, the date of Your initial installation or use of the Software and Services or Hardware or any other software product or mobile application included in such offering on a Device, or (c) if You obtained the rights to use the Software and Services or Hardware as described in this License Agreement from an Akouto authorized service provider (“Service Provider”) the date determined by such Service Provider. The Service Period shall last for the period of time set out in the Documentation or the applicable transaction documentation from the authorized distributor, reseller, or Service Provider from which You obtained the Software and Services or Hardware. The Software and Services or Hardware may automatically deactivate and become non-operational at the end of the Service Period, and You will not be entitled to receive any feature or content updates to the Software and Services or Hardware unless the Service Period is renewed. Subscriptions for renewals of the Service Period will (i) be available in accordance with Akouto’s support policy or (ii) be provided by Your Service Provider in accordance with such Service Provider’s policies, if You obtained the Software and Services or Hardware from Your Service Provider. This License Agreement governs any releases, revisions, updates or enhancements to the Software and Services and Hardware that Akouto, an authorized distributor, reseller, or Service Provider may make available to You. Except as may be modified by the Documentation, Your rights and obligations under this License Agreement with respect to the use of this Software and Services and Hardware are as follows.
During the Service Period, You may: A. use the Software and Services and Hardware for a single physical location defined by a postal address (“Location”). If a greater number of copies and/or number of Devices or Locations or Hardware is specified within the Documentation or the applicable transaction documentation from the authorized distributor, reseller, or Service Provider from which You obtained the Software and Services or Hardware, You may use the Software and Services and Hardware in accordance with such specifications; B. permanently transfer all of Your rights in the Software and Services and Hardware granted under this License Agreement to another person or entity, provided that You retain no copies of the Software and Services and Hardware and the transferee agrees to all the terms of this License Agreement. For the avoidance of doubt, if the Software and Services and Hardware being transferred is part of a multiple product offering You must transfer all Your rights to all product offerings included in such Software and Services and Hardware. Partial transfer of Your rights under this License Agreement shall not be permitted and any such attempts shall be void and null. For example, if the Documentation or the applicable transaction documentation from the authorized distributor, reseller, or Service Provider grants You the right to use multiple copies of the Software and Services and Hardware, only a transfer of all the rights to use all such copies of the Software and Services and Hardware would be valid. For the avoidance of doubt, the foregoing rights to transfer do not apply if You obtained the Software and Services and Hardware from Your Service Provider; and C. use the Software and Services and Hardware in accordance with any additional permitted uses which may be set forth below.
You may not, nor may You permit any other person to: A. sublicense, rent or lease any portion of the Software and Services and Hardware; B. reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software and Services or create derivative works from the Software and Services; C. provide, offer or make available the Software and Services and Hardware as part of a facility management, timesharing, service provider or service bureau arrangement; or D. use the Software and Services and Hardware in any manner that is not permitted pursuant to this License Agreement.
You many not use the the Software and Services or Hardware in or in association with safety critical applications where the failure of the Software and Services or Hardware to perform can reasonably be expected to result in a physical injury, or in loss of property, or loss of life. Any such use is entirely at Your own risk, and You agree to hold Akouto harmless from and hereby release Akouto from any and all claims or losses relating to such unauthorized use.
You acknowledge and agree that You have not based Your purchasing decision on the future availability of any new products and/or additional features, components or versions of the Software and Services or Hardware , nor on any oral or written comments made by Akouto regarding future functionality or features.
The Software and Services and Hardware may make use of third party features and functionalities or may access content on a third party website. Such features, functionalities or content may be subject to such third party terms of service.
The operation, monitoring, support and maintenance of the Software and Services and Hardware made available to You under the terms of this license agreement are only available through the Service Provider from which you obtained the Software and Services and Hardware. Akouto technical support and services related to the Software and Services and Hardware are only available to authorized IT Service Providers, not directly to end users of the Software and Services and Hardware.
2. Software and Services and Content and Hardware Updates:
A. You shall have the right to receive new features to and versions of the Software and Services and Hardware as Akouto, in its sole discretion, makes such features and versions available during Your Service Period. Akouto continually strives to improve the usability and performance of its products and services. In order to optimize the Software and Services and Hardware, and to provide You with the most current version of the Software and Services and Hardware, You agree the Software and Services and Hardware may download and install new updates and versions of the Software and Services as they are made available by Akouto in its sole discretion. You agree to receive and permit Akouto to deliver such new updates and versions to the Hardware or Device. Additionally, Akouto may modify the terms and conditions that apply to Your use of the Software and Services and Hardware to reflect such updates and versions and by continuing to use the Software and Services or the Hardware, You agree to such updated terms.
B. Certain Software and Services and Hardware use content that is updated from time to time, including but not limited to the following: intrusion prevention software uses updated signatures; content filtering and antiphishing software use updated URL lists; some firewall software use updated firewall rules; vulnerability assessment products use updated vulnerability data, and web site authentication software uses updated lists of authenticated web pages; these updates are collectively referred to as “Content Updates” (or alternatively referred to as “Protection Updates” or “Security Updates” at times). You shall have the right to receive Content Updates for the Software and Services and Hardware during Your Service Period.
3. Product Installation; Required Activation; My Security Console Account:
A. There may be technological measures in this Software and Services and Hardware that are designed to prevent unlicensed or illegal use of the Software and Services and Hardware. You agree that Akouto may use these measures to protect Akouto against Software and Services piracy. This Software and Services may contain enforcement technology that limits the ability to install and uninstall the Software and Services on a Device or Hardware to not more than a finite number of times for a finite number of Devices or Hardware. This License Agreement and the Software and Services and Hardware containing enforcement technology may require activation as further set out in the Documentation. If so, the Software and Services and Hardware will only operate for a finite period of time prior to Software and Services and Hardware activation by You. During activation, You may be required to provide Your unique activation code accompanying the Software and Services and Hardware or Device configuration in the form of an alphanumeric code over the Internet to verify the authenticity of the Software and Services. If You do not complete the activation within the finite period of time set forth in the Documentation, or as prompted by the Software and Services, the Software and Services will cease to function until activation is complete; at which time the Software and Services functionality will be restored. In the event that You are not able to activate the Software and Services over the Internet, or through any other method specified during the activation process, You may contact your Service Provider, or the entity set out in the documentation issued to You by Your Service Provider.
B. A current My Security Console account (“Account”) may be required to access and use the Software and Services. In such case, if You do not have an Account, You must complete the applicable registration process to create an Account in order to use the Software and Services. An Account may not be required if You obtained the rights to use the Software and Services from a Service Provider who requires You to have a different user account (“SP User Account”) to access and use the Software and Services. Please refer to the applicable transaction documentation with Your Service Provider to determine whether an Account or a SP User Account is required to access and use the Software and Services. You are entirely responsible for maintaining the confidentiality of Your Account or SP User Account password.
4. Online Backup Features:
A. Online Backup.
The Software and Services or Hardware may include an online backup feature, which provides the capability to store and retrieve Your Hardware or security Device’s configuration files or other information on Akouto’s system via the Internet during the Service Period (“Online Backup Feature”), subject to the amount of online backup space provided with Your Software and Services.
a. Availability. The Online Backup Feature is provided “as is” and “as available” and Akouto will not be responsible to pay You for any loss or damage resulting from any downtime of the Online Backup Feature due to reasonable scheduled maintenance, maintenance for critical issues or forces beyond the reasonable control of Akouto. b. User Conduct and Responsibility; Compliance with Applicable Laws. Use of the Online Backup Feature (including the transmission of any data (“Data”)) is subject to all applicable local, state, national and international laws and regulations, including but not limited to Canadian export laws. You agree to comply with such applicable laws and regulations and with the specifications set out in the Documentation or the applicable transaction documentation from the authorized distributor, reseller, or Service Provider from which You obtained the Software and Services and not to (i) use the Online Backup Feature for illegal purposes, (ii) transmit or store material that may infringe the intellectual property rights or other rights of third parties or that is illegal, tortious, defamatory, libelous, or invasive of another’s privacy; (iii) transmit or store data belonging to another party without first obtaining all consents required by law from the data owner for transmission of the data to Akouto for storage within Canada; (iv) transmit any material that contains software viruses or other harmful computer code, files or programs such as trojan horses, worms or time bombs; (v) interfere with or disrupt servers or networks connected to the Online Backup Feature; or (vi) attempt to gain unauthorized access to the Online Backup Feature, the accounts of other Online Backup Feature users, or computer systems or networks connected to the Online Backup Feature. Your obligations in this Section regarding use of the Online Backup Feature apply to all use of the Online Backup Feature in connection with Your Account. To the maximum amount permissible under applicable law, You agree to pay Akouto, its parents, subsidiaries, affiliates, officers, directors, employees and agents the amount of any claims, demands, costs, damages, losses, liabilities and expenses, including reasonable attorneys’ fees, made by any third party arising out of or in connection with use of the Online Backup Feature through Your Account to the extent any such claims, demands, costs, damages, losses, liabilities and expenses arise as a result of Your breach of this License Agreement or Your negligence or willful misconduct. Such amount may include but is not limited to responsibility for payments of any such claims, demands, costs, damages, losses, liabilities and expenses arising out of or in connection with the Data transmitted or stored through the Online Backup Feature in connection with Your Account.
b. Termination; Suspension. Your right to use the Online Backup Feature will terminate on expiration of the Service Period. Akouto may immediately suspend or terminate use of the Online Backup Feature during the Service Period for Your failure to or Akouto’s reasonable belief that You have failed to comply with these terms and conditions (other than a trivial or inconsequential breach) or any other misuse of the Online Backup Feature. Following the expiration or termination of the Service Period:
- Akouto may permanently delete any Data stored to the online backup space provided with Your Software and Services or Hardware;
- Akouto will not be obligated to maintain such Data, forward such Data to You or a third party, or migrate such Data to another backup service or account; and
- You will not be able to store the Data until the Service Period is renewed. d. Miscellaneous. To the maximum extent permissible under applicable law and notwithstanding any provisions below, Akouto reserves the right at all times to monitor, review, retain and/or disclose any Data or other information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to investigate any use or suspected breach of this License Agreement.
5. Technical Support:
Any Technical Support shall be provided by your Service Provider without any guarantee or warranty of any kind other than any guarantees applicable under consumer laws in Your jurisdiction which cannot be excluded or limited in any way. It is solely Your responsibility to complete a backup of all Your existing data, software and programs before receiving any Technical Support. In the course of providing the Technical Support, your Service Provider and Akouto may determine that the technical issue is beyond the scope of the Technical Support.
Akouto reserves the right to refuse, suspend or terminate any of the Technical Support in its sole discretion.
6. Money Back Guarantee:
If You are the original licensee of the Software and Services or Hardware and are not completely satisfied with it for any reason, please make no further use of the Software and Services and Hardware and contact (i) the authorized reseller that sold You the Software and Services and Hardware, or (ii) the authorized reseller that sold You the device or Hardware that includes the Software and Services as pre-loaded in the device or Hardware, if You obtained the Software and Services or Hardware as part of a device bundled offering, for information on how to obtain a refund of the amount You paid for the current Service Period (less shipping, handling, and any applicable taxes except in certain states and countries where shipping, handling and taxes are refundable) at any time during the sixty (60) day period following the date of purchase of an annual subscription.
7. Limited Warranty:
Akouto warrants that any media manufactured by Akouto on which the Software and Services is distributed will be free from defects for a period of sixty (60) days from the date of delivery of the Software and Services to You. Your sole remedy in the event of a breach of this warranty will be that Akouto will, at its option, replace any defective media returned to Akouto within the warranty period or refund the money You paid for the Software and Services or Hardware.
AKOUTO AND ITS THIRD-PARTY LICENSORS AND SUPPLIERS AND THE CONTRIBUTORS OF CERTAIN INCLUDED SOFTWARE MAKE NO WARRANTIES, CONDITIONS, UNDERTAKINGS OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, IN RELATION TO THE SOFTWARE AND SERVICES OR HARDWARE OR ANY THIRD PARTY SOFTWARE OR HARDWARE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, UNINTERRUPTED USE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM COURSE OF DEALING, USAGE OR TRADE. SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION.
WITHOUT LIMITATION TO THE FOREGOING, AKOUTO DOES NOT WARRANT OR REPRESENT THAT (i) THE SOFTWARE AND SERVICES OR HARDWARE WILL MEET YOUR REQUIREMENTS, (ii) THE OPERATION OF THE SOFTWARE AND SERVICES OR HARDWARE WILL BE ERROR FREE OR UNINTERRUPTED, (iii) DEFECTS IN THE SOFTWARE AND SERVICES OR HARDWARE WILL BE CORRECTED, (iv) THE SOFTWARE AND SERVICES OR HARDWARE WILL DETECT, CORRECTLY IDENTIFY AND/OR BLOCK AND/OR DISINFECT ALL THREATS, APPLICATIONS (WHETHER MALICIOUS OR OTHERWISE) OR OTHER COMPONENTS, (v) YOU ARE ENTITLED TO BLOCK ANY THIRD PARTY APPLICATIONS, OR (vi) THAT YOU ARE ENTITLED TO ENCRYPT OR DECRYPT ANY THIRD PARTY INFORMATION.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU SHALL BE SOLELY RESPONSIBLE FOR PROPER BACK-UP OF ALL OF YOUR DATA AND THAT YOU SHALL TAKE APPROPRIATE MEASURES TO PROTECT SUCH DATA. AKOUTO AND ITS THIRD PARTY LICENSORS ASSUME NO LIABILITY OR RESPONSIBILITY WHATSOEVER IF DATA IS LOST OR CORRUPTED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
8. Disclaimer of Damages:
YOU USE THE SOFTWARE AND SERVICES AND HARDWARE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AKOUTO OR ANY OF ITS THIRD-PARTY LICENSORS AND SUPPLIERS OR THE CONTRIBUTORS OF INCLUDED SOFTWARE OR YOUR “MY SECURITY CONSOLE” RESELLER BE LIABLE TO YOU FOR, OR TO THOSE CLAIMING THROUGH YOU FOR, ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGE OR LOSS OF ANY KIND INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF CONTRACTS, BUSINESS INTERRUPTIONS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF OR CORRUPTION OF DATA HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT OR TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), AND INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE RELATED TO ANY THIRD PARTY SOFTWARE EVEN IF AKOUTO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS IN THIS CLAUSE SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY.
IF ANY LIMITATION, EXCLUSION, DISCLAIMER OR OTHER PROVISION CONTAINED IN THIS LICENSE AGREEMENT IS HELD TO BE INVALID FOR ANY REASON BY A COURT OF COMPETENT JURISDICTION AND AKOUTO OR YOUR “MY SECURITY CONSOLE” RESELLER BECOMES LIABLE THEREBY FOR LOSS OR DAMAGE THAT MAY LAWFULLY BE LIMITED, SUCH LIABILITY WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LESSER OF (i) THE FEE PAID BY YOU AND (ii) AKOUTO’S LIST PRICE FOR THE SOFTWARE AND SERVICES AND HARDWARE.
IN NO EVENT SHALL AKOUTO’S OR YOUR “MY SECURITY CONSOLE” RESELLER’S AGGREGATE LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THIS LICENSE AGREEMENT, FROM ALL CAUSES OF ACTION AND THEORIES OF LIABILITY (INCLUDING WITHOUT LIMITATION NEGLIGENCE), EXCEED THE LESSER OF (i) THE FEE PAID BY YOU AND (ii) AKOUTO’S LIST PRICE FOR THE PRODUCT.
9. Export Regulation:
You acknowledge that the Software and Services and Hardware and related technical data and services (collectively “Controlled Technology”) may be subject to the import and export laws of Canada and the laws of any country where Controlled Technology is imported or re-exported. You agree to comply with all relevant laws and will not export any Controlled Technology in contravention to Canadian law nor to any prohibited country, entity, or person for which an export license or other governmental approval is required. USE OR FACILITATION OF SOFTWARE AND SERVICES AND HARDWARE IN CONNECTION WITH ANY ACTIVITY INCLUDING, BUT NOT LIMITED TO, THE DESIGN, DEVELOPMENT, FABRICATION, TRAINING, OR TESTING OF CHEMICAL, BIOLOGICAL, OR NUCLEAR MATERIALS, OR MISSILES, DRONES, OR SPACE LAUNCH VEHICLES CAPABLE OF DELIVERING WEAPONS OF MASS DESTRUCTION IS PROHIBITED.
This License Agreement will be governed by the laws of the Province of Ontario, Canada. This License Agreement is the entire agreement between You and Akouto relating to the Software and Services AND Hardware, and: (i) supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter; and (ii) prevails over any conflicting or additional terms of any quote, order, acknowledgment, or similar communications between the parties. Notwithstanding the foregoing, nothing in this License Agreement will diminish any rights You may have under existing consumer protection legislation or other applicable laws in Your jurisdiction that may not be waived by contract. Akouto may terminate this License Agreement if You breach any term contained in this License Agreement (other than a trivial or inconsequential breach) and, if such termination occurs, You must cease use of and return all copies of the Software and Services and Documentation. The disclaimers of warranties and damages and limitations on liability shall survive and continue to apply after termination. Should You have any questions concerning this License Agreement, or if You desire to contact Akouto for any reason, please write to Akouto Customer Service, 55 Evanston Drive, Toronto, ON M3H5P4, Canada or visit the Akouto website at www.akouto.com.
ADDITIONAL TERMS AND CONDITIONS. Your use of the Software and Services and Hardware is subject to the terms and conditions below in addition to those stated above.
11. Privacy; Data Protection:
From time to time, the Software and Services and Hardware may collect certain information, including personally identifiable information, from the network on which it is installed, which may include:
- Information on potential security risks as well as URLs and the Internet Protocol (IP) addresses of websites visited that the Software and Services deems potentially fraudulent. The URLs could contain personally identifiable information that a potentially fraudulent website is attempting to obtain without Your permission. This information is collected by Akouto for the purpose of delivering the functionalities of the Software and Services, and also for evaluating and improving the ability of Akouto’s products to detect malicious behavior, potentially fraudulent websites and other Internet security risks.
- URLs and the Internet Protocol (IP) addresses of websites visited as well as search keywords and search results. This information is collected by Akouto for the purpose of providing protection and of evaluating and advising You regarding potential threats and risks that may be associated with a particular Web site before You view it.
- Executable files and files that contain executable content that are identified as potential malware. The collected information could contain personally identifiable information that has been obtained by the malware without Your permission. Information of this type is being collected by Akouto only for the purpose of improving the ability of Akouto’s products to protect against malicious behavior.
- The name given to the Device or Hardware during the initial setup of such Device or Hardware. If collected, the name will be used by Akouto as an account name for the Device under which You may elect to receive additional services and/or under which You may use certain features of the Software and Services.
- Status and configuration information regarding installation and operation of the Software and Services, Hardware, OS, system configuration, installed software packages and version information. This information indicates to Akouto whether installation of the Software and Services was successfully completed, whether the Software and Services has encountered an error, and whether the Software and Services are up to date. The status information could contain personally identifiable information. The status information is collected by Akouto for the purpose of evaluating and improving Akouto’s product performance. Akouto may also use this information to optimize its web-pages.
- Information contained in a report that You may choose to send to Akouto or your Service Provider when the Software and Services encounters a problem.
- The Internet Protocol (IP) address and/or Media Access Control (MAC) address and the Machine ID of the Device or Hardware on which the Software and Services is installed to enable the Software and Services to function and for license administration purposes. – Other general, statistical information used for product analysis, and for improving product functionality.
Unless it is expressly defined as optional, the collected information as set out above is necessary for the purpose of the functionality of Akouto’s products.
Information may be transferred to Akouto may be accessible by Akouto employees or contractors and your Service Provider and are exclusively to be used in accordance with the purposes described above. For the same purposes the information may be shared with partners and vendors that process information on behalf of Akouto. Akouto has taken steps so that the collected information, if transferred, receives an adequate level of protection.
Subject to applicable laws, Akouto reserves the right to cooperate with any legal process and any law enforcement or other government inquiry related to Your use of this Software and Services and Hardware. This means that Akouto may provide documents and information relevant to a court subpoena or to a law enforcement or other government investigation. In order to promote awareness, detection and prevention of Internet security risks, Akouto may share certain information with research organizations and other security software vendors. Akouto may also use statistics derived from the information to track and publish reports on security risk trends. By using the Software and Services, You acknowledge and agree that Akouto may collect, transmit, store, disclose and analyze such information for these purposes.
In addition, any Data that You transmit or store through the Online Backup Feature will be transferred to and stored in servers located in countries that may have less protective data protection laws than the country in which You are located (including without limitation the United States). These servers are owned and maintained by a third party processor. If you have any questions about how Your Data is being handled, please contact Akouto Customer Service using the contact details in Section 10.