CD Action 33/cdactionmagazinecoverdisc331999.iso/tools/_SETUP32.LIB/License.txt

Text File | 1998-11-12 | 14KB | 258 lines

 Network Associates 30-Day Evaluation License Agreement
    VirusScan for Windows 95 and Windows 98 v4.0.1
 Copyright (c) 1998 Network Associates, Inc. and its
     Affiliated Companies. 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 [phone], fax [phone],
    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.