Student Organizer/Student Organizer.iso/Netcom/3rdparty/Win95/WEBSCAN/WEBSCANX/_SETUP.LIB/License.txt

Text File | 1997-08-28 | 9KB | 172 lines

NOTICE TO USERS: CAREFULLY READ THE FOLLOWING LEGAL
AGREEMENT. USE OF ANY OF THE SOFTWARE PROVIDED WITH THIS
AGREEMENT (THE "SOFTWARE") CONSTITUTES YOUR ACCEPTANCE OF
THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS
AGREEMENT WITH RESPECT TO ANY OF THE SOFTWARE PROVIDED,
PROMPTLY REMOVE THE SOFTWARE TOGETHER WITH ALL COPIES FROM
YOUR COMPUTER AND RETURN IT AND THE ACCOMPANYING ITEMS
(INCLUDING WRITTEN MATERIALS AND PACKAGING) TO THE
LOCATION WHERE YOU OBTAINED THEM FOR A REFUND. REGISTERING
YOUR PRODUCT WITH MCAFEE SOFTWARE, INC. ("MCAFEE"), WILL
IMPROVE COMMUNICATIONS WITH MCAFEE. A Registration form
is located below. [If you purchased the product directly
from McAfee, you are already registered.]

1. LICENSE GRANT. McAfee and its suppliers grant to you a
non-exclusive, non-transferable right to use the SOFTWARE
on file servers connected to a maximum number of user
computers, or on a maximum number of user computers, not
exceeding the number of user computers specified on the
packaging for this product. If the media upon which the
SOFTWARE is received by you contains versions of the
SOFTWARE for different operating systems (e.g. VirusScan
for OS/2 and VirusScan for Windows 95), then you may only
use the version of the SOFTWARE applicable to the
operating system used on the user computer for which the
SOFTWARE is licensed; provided, however, that any license
to use VirusScan for Windows 3.1x and VirusScan for
Windows 95 also includes a license to use VirusScan for
DOS. You agree you will only copy the SOFTWARE into any
machine-readable or printed form as necessary to use it
in accordance with this license or for backup purposes
in support of your use of the SOFTWARE.

This license is effective until terminated. You may
terminate it at any point by destroying the SOFTWARE
together with all copies of the SOFTWARE. Also, McAfee
has the option to terminate if you fail to comply with
any term or condition of this Agreement. You agree upon
such termination to destroy the SOFTWARE together with
all copies of the SOFTWARE.

2. UPGRADES. This license is limited to the version of
the SOFTWARE enclosed and does not include the right to
upgrades except as provided in this Section 2. If you
purchased this software from a retail store or directly
from McAfee, you are entitled: (a) as to products other
than VirusScan Deluxe, to download and use all upgrades
of the SOFTWARE (including virus signature files (DAT
files)) released during the one year period following
purchase; and (b) as to VirusScan Deluxe, to download and
use all upgrades of the SOFTWARE (including virus signature
files (DAT files)) released during the two year period
following purchase. If you received the SOFTWARE packaged
with PC hardware or software not purchased from McAfee,
you are entitled to one free electronic update of the
SOFTWARE. If the PC hardware with which the SOFTWARE was
received was purchased for individual or home use, then
you are further entitled to download and use all upgrades
of the SOFTWARE (including virus signature files (DAT
files)) released during the three month period following
purchase. If the PC hardware with which the SOFTWARE was
received was purchased for business use, then you may
download and use all upgrades of the SOFTWARE (including
virus signature files (DAT files)) released during the
three month period following purchase upon obtaining a
corporate password from McAfee. You must in any event
register with McAfee to receive upgrades hereunder.

3. COPYRIGHT. The SOFTWARE is protected by United States
copyright law and international treaty provisions. You
acknowledge that no title to the intellectual property in
the SOFTWARE is transferred to you. You further
acknowledge that title and full ownership rights to the
SOFTWARE will remain the exclusive property of McAfee or
its suppliers, and you will not acquire any rights to the
SOFTWARE except as expressly set forth in this license.
You agree that any copies of the SOFTWARE will contain
the same proprietary notices which appear on and in the
SOFTWARE.

4. REVERSE ENGINEERING. You agree that you will not
attempt to reverse compile, modify, translate, or
disassemble the SOFTWARE in whole or in part.

5. LIMITED WARRANTY. For 30 days from the date of
shipment, we warrant that the media (for example
diskettes) on which the SOFTWARE is contained will be
free from defects in materials and workmanship.

6. CUSTOMER REMEDIES. If the SOFTWARE does not conform to
the limited warranty in Section 5 above ("Limited
Warranty"), your sole remedy shall be to return the media
with a description of the problem to McAfee. The defective
media in which the SOFTWARE is contained will be replaced
by McAfee at no additional charge to you. If you do not
receive media which is free from defects and materials
and workmanship during the 60-day warranty period, McAfee
will refund to you the amount you paid for the SOFTWARE.
The Limited Warranty is void if failure of the SOFTWARE
has resulted from accident or from abuse or misapplication
by you. Any replacement SOFTWARE will be warranted for
the remainder of the original Limited Warranty period.

7. NO OTHER WARRANTIES. NEITHER McAFEE NOR ITS SUPPLIERS
WARRANT THAT THE SOFTWARE IS ERROR FREE. EXCEPT FOR THE
EXPRESS LIMITED WARRANTY IN SECTION 5 ("LIMITED WARRANTY"),
McAFEE AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES
WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT OF THIRD PARTY RIGHTS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY
MAY LAST, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR
EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU
SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS
WHICH VARY FROM JURISDICTION TO JURISDICTION.

8. SEVERABILITY. In the event of invalidity of any
provision of this license, the parties agree that such
invalidity shall not affect the validity of the remaining
portions of this license.

9. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT
SHALL McAFEE OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY
CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES
OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR
USE OF THE SOFTWARE, EVEN IF McAFEE HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL McAFEE'S
OR ITS SUPPLIERS' LIABILITY FOR ANY CLAIMS, WHETHER IN
CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED,
IN THE AGGREGATE THE LICENSE FEE  PAID BY YOU, IF ANY.

10. GOVERNING LAW. This license will be governed by the
internal laws of the State of California. The United
Nations Convention on Contracts for the International
Sale of Goods is specifically disclaimed.

11. ENTIRE AGREEMENT. This is the entire agreement between
you and McAfee and its suppliers which supersedes any
prior agreement or understanding, whether written or oral,
relating to the subject matter of this license.

12. NetRemote users are licensed to use the SOFTWARE on
one LAN connected user computer. Additionally, users are
licensed to use the SOFTWARE on a maximum number of 2
user computers connected by an asynchronous/modem
connection.

U.S. GOVERNMENT RESTRICTED RIGHTS
Any distribution or license of the SOFTWARE to the U.S.
Government or its agencies or instrumentalities (the
"Government") is made only with RESTRICTED RIGHTS. Use,
duplication or disclosure by the Government is subject to
restriction as set forth in subparagraph (c) (1) (ii) of
the Rights in Technical Data and Computer Software clause
at DFAR 252.227-7013, or as set forth in the particular
department or agency regulations or rules which provide
McAfee protection equivalent to or greater than the
above-cited clause. Contractor/Manufacturer is McAfee
Software, Inc., 2805 Bowers Avenue, Santa Clara,
California 95051-0963.

Should you have any questions concerning this license
agreement, or if you desire to contact McAfee for any
reason, please call [phone], fax [phone],
or write: McAfee Software, Inc., 2805 Bowers Avenue,
Santa Clara, California 95051-0963. McAfee Associates,Inc.
is considered a Supplier for purposes of this License.