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License.txt
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1999-05-17
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Network Associates 30-Day Evaluation License Agreement
VirusScan for Windows 95 and Windows 98 v4.0.3
Copyright (c) 1999 Networks Associates Technology, Inc.
All Rights Reserved.
THIS IS AN EVALUATION COPY OF THIS SOFTWARE. You may
use this software for only thirty (30) days, after
which period you must either buy the software from
Network Associates, Inc. or stop using it and remove
it from your computer.
NOTICE TO ALL USERS: CAREFULLY READ THE FOLLOWING LEGAL
AGREEMENT ("AGREEMENT"), WHICH SETS FORTH LICENSE TERMS
FOR THE NETWORK ASSOCIATES SOFTWARE IDENTIFIED IN THE
HEADING ABOVE ("SOFTWARE"). BY INSTALLING THE SOFTWARE,
YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) CONSENT
TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT WITH
NETWORKS ASSOCIATES, INC. ("NETWORK ASSOCIATES"). IF YOU
DO NOT AGREE TO ALL OF ITS TERMS, DO NOT INSTALL THE
SOFTWARE, OR DESTROY ALL COPIES OF THE SOFTWARE THAT YOU
HAVE INSTALLED. IF APPLICABLE, YOU MAY RETURN THE PRODUCT
TO THE PLACE OF PURCHASE FOR A FULL REFUND. Your right to
use the Software is limited. If you have already downloaded
and installed evaluation copies of this or prior versions
of the Software, you may not use this Software and must
immediately cease using this copy and destroy it. To
obtain full-use rights, you must pay for the Software
and enter a valid End User License Agreement with
Network Associates concerning such use.
1. License Grant. Subject to the terms and conditions of
this Agreement, Network Associates hereby grants to
you a non-exclusive, non-transferable right to use one
copy of the specified version of the Software and the
accompanying documentation (the "Documentation") solely
for your internal evaluation purposes during the term of
this Agreement. You may install one copy of the Software
on one computer, workstation, personal digital assistant,
pager, "smart phone" or other electronic device for which
the Software was designed (each, a "Client Device").
a. Single Use. Except as expressly set forth in
subsection B below, the Software is licensed
as a single product; it may not be used on more
than one Client Device or by more than one user
at a time, except as set forth in this Section 1.
The Software is "in use" on a computer when it is
loaded into the temporary memory (i.e., random-
access memory or RAM) or installed into the
permanent memory (e.g., hard disk, CD-ROM disc,
or other storage device) of that Client Device.
b. Server Use. To the extent that the product is
designed and intended solely or principally
for use on a file server or as server software
("Server"), you may use the Software on a Client
Device or as a server within a multi-user or
networked environment ("Server Use") for either
(i) connecting, directly or indirectly, to
not more than the maximum number of specified
Client Devices, or (ii) deploying not more than
the maximum number of agents (pollers) specified
for deployment in any accompanying packaging
materials or other documents that purport to
set forth other Server Use terms.
2. Term. This Agreement is effective for thirty (30)
days following the date you installed the Software
unless you or Network Associates terminates the
Agreement earlier in accordance withe the terms
set forth herein. This Agreement will terminate
automatically if you fail to comply with any of the
limitations or other requirements described herein.
Upon termination, you must destroy all copies of the
Software and Documentation. You may terminate this
Agreement at any point by destroying the Software
and Documentation together with all copies of the
Software and Documentation.
3. Ownership Rights. The Software is protected by United
States copyright laws and international treaty
provisions. Network Associates and its suppliers own
and retain all right, title and interest in and to the
Software, including all copyrights, patents, trade
secret rights, trademarks and other intellectual
property rights therein. You acknowledge that your
possession, installation, or use of the Software
does not transfer to you any title to the intellectual
property in the Software, and that you will not acquire
any rights to the Software except as expressly set forth
in this Agreement. You agree that any copies of the
Software and Documentation will contain the same
proprietary notices that appear on and in the Software
and Documentation.
4. Restrictions. You may not rent, lease, loan or resell the
Software. You may not permit third parties to benefit from
the use or functionality of the Software via a timesharing,
service bureau or other arrangement, except to the extent
that the applicable product invoicing or packaging permits
such use. You may not transfer any of the rights granted to
you under this Agreement. You may not reverse engineer,
decompile, or disassemble the Software, except to the extent
that the foregoing restriction is expressly prohibited by
applicable law. You may not modify, or create derivative
works based upon, the Software in whole or in part. You may
not copy the Software or Documentation except as expressly
permitted in Section 1 above. You may not remove any
proprietary notices or labels on the Software. All rights
not expressly set forth hereunder are reserved by Network
Associates. Network Associates reserves the right to
periodically conduct audits upon advance written notice to
verify compliance with the terms of this Agreement.
5. Warranty Disclaimer. BECAUSE THIS IS AN EVALUATION COPY,
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE
SOFTWARE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY
OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE
FOREGOING PROVISIONS, YOU ASSUME RESPONSIBILITY FOR
SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS,
AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED
FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING
PROVISIONS, NETWORK ASSOCIATES MAKES NO WARRANTY THAT THE
SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR
OTHER FAILURES, OR THAT THE SOFTWARE WILL MEET YOUR
REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, NETWORK ASSOCIATES DISCLAIMS ALL WARRANTIES, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE
AND THE ACCOMPANYING DOCUMENTATION. SOME STATES AND
JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO
YOU. The foregoing provisions shall be enforceable to
the maximum extent permitted by applicable law.
6. Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER
NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE,
SHALL NETWORK ASSOCIATES OR ITS SUPPLIERS BE LIABLE TO YOU
OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY
AND ALL OTHER DAMAGES OR LOSSES. IN NO EVENT WILL NETWORK
ASSOCIATES BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE LIST
PRICE NETWORK ASSOCIATES CHARGES FOR A LICENSE TO THE
SOFTWARE, EVEN IF NETWORK ASSOCIATES SHALL HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH
LIMITATION. FURTHERMORE, SOME STATES AND JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION
MIGHT NOT APPLY TO YOU. The foregoing provisions shall be
enforceable to the maximum extent permitted by applicable
law.
7. United States Government. The Software and accompanying
Documentation are deemed to be "commercial computer
software" and "commercial computer software documentation,"
respectively, pursuant to DFAR Section 227.7202 and FAR
Section 12.212, as applicable. Any use, modification,
reproduction, release, performance, display or disclosure
of the Software and accompanying Documentation by the
United States Government shall be governed solely by the
terms of this Agreement and shall be prohibited except to
the extent expressly permitted by the terms of this
Agreement.
8. Export Controls. Neither the Software nor the Documentation
or any underlying information or technology may be downloaded
or otherwise exported or re-exported (i) into (or to a
national or resident of) Cuba, Iran, Iraq, Libya, North
Korea, Sudan, Syria or any other country to which the United
States has embargoed goods; or (ii) to anyone on the United
States Treasury Department's list of Specially Designated
Nations or the United States Commerce Department's Table of
Denial Orders. By downloading or using the Software you are
agreeing to the foregoing provisions and you are certifying
that you are not located in, under the control of, or a
national or resident of any such country or on any such list.
IN ADDITION, YOU SHOULD BE AWARE THAT EXPORT OF THE
SOFTWARE MAY BE SUBJECT TO COMPLIANCE WITH THE RULES
AND REGULATIONS PROMULGATED FROM TIME TO TIME BY THE
BUREAU OF EXPORT ADMINISTRATION, UNITED STATES
DEPARTMENT OF COMMERCE, WHICH RESTRICT THE EXPORT AND
RE-EXPORT OF CERTAIN PRODUCTS AND TECHNICAL DATA. IF
THE EXPORT OF THE SOFTWARE IS CONTROLLED UNDER SUCH
RULES AND REGULATIONS, THEN THE SOFTWARE SHALL NOT
BE EXPORTED OR RE-EXPORTED, DIRECTLY OR INDIRECTLY,
(A) WITHOUT ALL EXPORT OR RE-EXPORT LICENSES AND
UNITED STATES OR OTHER GOVERNMENTAL APPROVALS
REQUIRED BY ANY APPLICABLE LAWS, OR (B) IN VIOLATION
OF ANY APPLICABLE PROHIBITION AGAINST THE EXPORT
OR RE-EXPORT OF ANY PART OF THE SOFTWARE. SOME
COUNTRIES HAVE RESTRICTIONS ON THE USE OF ENCRYPTION
WITHIN THEIR BORDERS, OR THE IMPORT OR EXPORT OF
ENCRYPTION EVEN IF FOR ONLY TEMPORARY PERSONAL OR
BUSINESS USE. YOU ACKNOWLEDGE THAT THE IMPLEMENTATION
AND ENFORCEMENT OF THESE LAWS IS NOT ALWAYS CONSISTENT
AS TO SPECIFIC COUNTRIES. ALTHOUGH THE FOLLOWING
COUNTRIES ARE NOT AN EXHAUSTIVE LIST, THERE MAY EXIST
RESTRICTIONS ON THE EXPORTATION TO, OR IMPORTATION OF,
ENCRYPTION BY: BELGIUM, CHINA (INCLUDING HONG KONG),
FRANCE, INDIA, INDONESIA, ISRAEL, RUSSIA, SAUDI ARABIA,
SINGAPORE, AND SOUTH KOREA. YOU ACKNOWLEDGE IT IS YOUR
ULTIMATE RESPONSIBILITY TO COMPLY WITH ANY AND ALL
GOVERNMENT EXPORT AND OTHER APPLICABLE LAWS AND THAT
NETWORK ASSOCIATES HAS NO FURTHER RESPONSIBILITY AFTER
THE INITIAL SALE TO YOU WITHIN THE ORIGINAL COUNTRY OF
SALE.
9. High Risk Activities. The Software is not fault-tolerant
and is not designed or intended for use in hazardous
environments requiring fail-safe performance, including
without limitation, in the operation of nuclear facilities,
aircraft navigation or communication systems, air traffic
control, weapons systems, direct life-support machines, or
any other application in which the failure of the Software
could lead directly to death, personal injury, or severe
physical or property damage (collectively, "High Risk
Activities"). Network Associates expressly disclaims any
express or implied warranty of fitness for High Risk
Activities.
10. Miscellaneous. This Agreement is governed by the laws of
the United States and the State of California, without
reference to conflict of laws principles. The application
of the United Nations Convention of Contracts for the
International Sale of Goods is expressly excluded. This
Agreement sets forth all rights for the user of the
Software and is the entire agreement between the parties.
This agreement supersedes any other communications with
respect to the Software and Documentation. This Agreement
may not be modified except by a written addendum issued
by a duly authorized representative of Network Associates.
No provision hereof shall be deemed waived unless such
waiver shall be in writing and signed by Network Associates
or a duly authorized representative of Network Associates.
If any provision of this Agreement is held invalid, the
remainder of this Agreement shall continue in full force
and effect. The parties confirm that it is their wish that
this Agreement has been written in the English language
only.
11. NETWORK ASSOCIATES CUSTOMER CONTACT. If you have any
questions concerning these terms and conditions, or if you
would like to contact Network Associates for any other
reason, please call (408) 988-3832, fax (408) 970-9727,
write Network Associates, Inc., McCandless Towers,
3965 Freedom Circle, Santa Clara, California 95054-1203,
or visit the Network Associates website at
http://www.nai.com.