These Terms and Conditions (referred to as the “Research Terms”) set forth the terms of an Agreement by which you, ( “You”, “Your” or “Participant”) and Avast Software s.r.o., with offices at Pikrtova 1737/1a, 140 00 Prague 4, Czech Republic (“Avast”) and its Affiliates, may participate from time to time in any Avast online product research (“Research”). If You are not at least 18 years of age You may not participate in a Research. Avast reserves the right to change these Research Terms, modify or end the Research program, at any time without notice.
These Research Terms govern Your inclusion to the Avast’s email database (if applicable) and participation in a Research.
For the purpose of the Research, Avast will gather feedback from the Participant relating to Avast and its competitors’ products and services. The Research results may be used by Avast to generate ideas concerning the enhancement of the end user experience which may ultimately benefit Avast’s wider-customer base. Such Research shall be conducted through an online interface.
The Participant is not entitled to any reward, remuneration or reimbursement, including for possible expenses, or otherwise in relation to the Research, unless this is explicitly agreed with the Participant.
In consideration of your participation in the Research and acceptance of these Research Terms, you hereby assign to Avast all right, title and interest you have in and to all results of your Research.
Any information provided to the Participant for the purpose of the Research shall be kept confidential by the Participant (“Confidential Information”). You agree not to use, disclose or publish any Confidential Information for any other purpose other than completing the Research you have accepted and submitting such Research to Avast. Notwithstanding the foregoing, you may disclose Confidential Information to the extent required by a court of competent jurisdiction or other applicable governmental authority or as required by applicable law. This duty of confidentiality is perpetually binding upon the Participant. The Participant shall not use the Confidential Information to their advantage or to the advantage of third parties. You agree and acknowledge that your breach or threatened breach of this Section may result in irreparable harm to Avast, for which money damages would be an insufficient remedy, and therefore Avast will be entitled to seek injunctive relief to enforce the provisions of this Section. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL AVAST AND ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES OR LOSSES WHATSOEVER, WITHOUT REGARD TO CAUSE OR THEORY OF LIABILITY; ANY DAMAGES FOR ANY LOSS OF BUSINESS, PROFITS OR REVENUE, LOSS OF PRIVACY, ANY UNAUTHORIZED DISCLOSURE OR LOSS (INCLUDING ANY CORRUPTION, DEGRADATION OR UNAVAILABILITY) OF ANY DATA OR INFORMATION OF ANY NATURE (WHETHER OR NOT ANY OF THE FOREGOING LOSSES, DAMAGES, COSTS OR EXPENDITURE ARE DIRECT OR INDIRECT LOSSES OR DAMAGES). IN NO CIRCUMSTANCES WILL AVAST AND ITS AFFILIATES TOTAL AGGREGATE LIABILITY FOR ALL LOSS OR DAMAGE TO YOU OR ANY THIRD PARTY ARISING FROM OR RELATING TO YOUR PARTICIPATION IN ANY RESEARCH EXCEED THE GREATER OF: (I) FIVE U.S. DOLLARS (US$5.00). NOTHING IN THESE RESEARCH TERMS WILL LIMIT OR EXCLUDE ANY AVAST OR PARTICIPANTS LIABILITY FOR ANY MATTER THAT MAY NOT OTHERWISE BE EXCLUDED BY LAW.
In the event any documents, instructions, discs or other media, lists, guides, aids, plans, software and other materials, items and recorded information are provided to the Participant in relation to the Research (“Materials”), the Participant shall return to Avast all such Materials upon Research completion.
This Agreement is governed by the laws of England and Wales. All disputes arising from this Agreement will be resolved by the English courts having local jurisdiction and jurisdiction over the matter.
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