Virex v6.1 Anti-Virus Software for Macintosh Computers
Copyright (c) 1999-2000 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 NETWORK 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").
2. Term. This Agreement is effective for thirty (30) days following the
date you installed the Software unless and until you or Network
Associates terminate the Agreement earlier in accordance with 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. As soon as this Agreement terminates or expires,
you must destroy all copies of the Software and Documentation. You
may choose to terminate this Agreement at any point by destroying
the Software and Documentation, together with all copies of the
Software and Documentation. THE SOFTWARE MAY CONTAIN A FEATURE THAT
DISABLES ITS OPERATION AFTER A CERTAIN PERIOD OF TIME.
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. Your possession, installation, or use
of the Software does not transfer to you any title to the
intellectual property in the Software, and you will not acquire
any rights to the Software except as expressly set forth in this
Agreement. All copies of the Software and Documentation made
hereunder 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 price
list, purchase order, product invoicing or product 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 applicable
law expressly prohibits the foregoing restriction. 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. Network Associates
reserves all rights not expressly set forth hereunder. 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 OF THE
SOFTWARE, THE SOFTWARE IS PROVIDED "AS IS." 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. 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. 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 AMOUNT YOU
PAID FOR 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 agree to the foregoing
provisions and you certify 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 THAT 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
that require 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