IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT (ôLICENSE AGREEMENTö) CAREFULLY BEFORE USING THE SOFTWARE. SYMANTEC CORPORATION AND/OR ITS SUBSIDIARIES (ôSYMANTECö) IS WILLING TO LICENSE THE SOFTWARE TO YOU AS THE INDIVIDUAL, THE COMPANY, OR THE LEGAL ENTITY THAT WILL BE UTILIZING THE SOFTWARE (REFERENCED BELOW AS ôYOUö OR ôYOURö) ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS LICENSE AGREEMENT. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND SYMANTEC. BY OPENING THIS PACKAGE, BREAKING THE SEAL, CLICKING THE ôACCEPTö OR ôYESö BUTTON OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR LOADING THE SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, CLICK THE ôI DO NOT ACCEPTö OR ôNOö BUTTON OR OTHERWISE INDICATE REFUSAL, MAKE NO FURTHER USE OF THE SOFTWARE, AND CONTACT SYMANTEC CUSTOMER SERVICE FOR INFORMATION ON HOW TO OBTAIN A REFUND OF THE MONEY YOU PAID FOR THE SOFTWARE (LESS SHIPPING, HANDLING, AND ANY APPLICABLE TAXES EXCEPT IN CERTAIN STATES AND COUNTRIES WHERE SHIPPING, HANDLING, AND TAXES ARE REFUNDABLE) AT ANY TIME DURING THE SIXTY (60) DAY PERIOD FOLLOWING THE DATE OF PURCHASE.
1. License:
The software and documentation, including any product packaging (ôDocumentationö), that accompanies this License Agreement (collectively the ôSoftwareö) is the property of Symantec or its licensors, and is protected by copyright law. While Symantec continues to own the Software, after Your acceptance of this License Agreement You will have certain rights to use the Software during the Service Period. The ôService Periodö shall begin on the date of Your initial installation of the Software, and shall last for the period of time set forth in the Documentation or the applicable transaction documentation from the authorized distributor, reseller or service provider from which you obtained the Software. The Software may automatically deactivate and become non-operational at the end of the Service Period, and you will not be entitled to receive any feature or content updates to the Software unless the Service Period is renewed. Subscriptions for renewals of the Service Period will be available in accordance with SymantecÆs support policy posted at http://www.symantec.com/techsupp/support_policy.html.
This license governs any releases, revisions, updates or enhancements to the Software that Symantec may make available to You. Except as may be modified by the Documentation, Your rights and obligations with respect to the use of this Software are as follows.
During the Service Period, You may:
A. use one copy of the Software on a single computer. If a greater number of copies and/or number of computers is specified within the Documentation or the applicable transaction documentation from the authorized distributor, reseller or service provider from which you obtained the Software, you may use the Software in accordance with such specifications;
B. make one copy of the Software for archival purposes, or copy the Software onto the hard disk of Your computer and retain the original for archival purposes;
C. use the Software on a network, provided that You have a licensed copy of the Software for each computer that can access the Software over that network;
D. transfer the Software on a permanent basis to another person or entity, provided that You retain no copies of the Software and the transferee agrees to the terms of this license. Partial transfer of the Software shall not be permitted. For example, if the applicable documentation grants You the right to use three (3) copies of the Software, only a transfer of the rights to use all three (3) copies of the Software would be valid; and
E. use the Software in accordance with any additional permitted uses set forth below.
You may not:
A. sublicense, rent or lease any portion of the Software;
B. reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software or create derivative works from the Software;
C. use the Software as part of a facility management, timesharing, service provider or service bureau arrangement, unless you are using the Software as part of a service provided by a Symantec authorized service provider; or
D. use the Software in any manner that is not permitted pursuant to this license.
2. Software Feature and Content Updates:
A. You shall have the right to receive new features to the Software as such features are made available by Symantec in its discretion during Your Service Period. Symantec may, at its discretion, add, modify or remove features from the Software at any time with or without notice to You.
B. Certain Software utilize content that is updated from time to time, including but not limited to the following Software: antivirus and crimeware software utilize updated virus definitions; antispam software utilize updated antispam rules; content filtering and antiphishing software utilize updated URL lists; some firewall software utilize updated firewall rules; vulnerability assessment products utilize updated vulnerability data and web site authentication software utilize updated lists of authenticated web pages; these updates are collectively referred to as ôContent Updatesö (or alternatively referred to as ôProtection Updatesö or ôSecurity Updatesö at times). You shall have the right to receive Content Updates for the Software during Your Service Period.
3. Product Installation; Required Activation:
A. During the installation process, the Software may uninstall or disable other security products, or features thereof, if such products or features are incompatible with the Software or for purposes of improving the overall functionality of the Software.
B. There may be technological measures in this Software that are designed to prevent unlicensed or illegal use of the Software. You agree that Symantec may use these measures to protect Symantec against software piracy. This Software may contain enforcement technology that limits the ability to install and uninstall the Software on a computer to not more than a finite number of times for a finite number of computers. This License Agreement and the Software containing enforcement technology require activation as further set forth in the Documentation. The Software will only operate for a finite period of time prior to Software activation by You. During activation, You may be required to provide Your unique product key accompanying the Software and computer configuration in the form of an alphanumeric code over the Internet to verify the authenticity of the Software. If You do not complete the activation within the finite period of time set forth in the Documentation, or as prompted by the Software, the Software will cease to function until activation is complete; at which time the Software functionality will be restored. In the event that You are not able to activate the Software over the Internet, or through any other method specified during the activation process, You may contact Symantec Customer Support using the information provided by Symantec during activation, or as set forth below.
4. Privacy; Data Protection.
From time to time, the Software will collect certain information from the computer on which it is installed, which may include:
ò Information regarding installation of the Software. This information indicates to Symantec whether installation of the Software was successfully completed and is collected by Symantec for the purpose of evaluating and improving SymantecÆs product installation success rate. This information will not be correlated with any personally identifiable information.
ò Information on potential security risks as well as URLs of websites visited that the Software deems potentially fraudulent. This information is collected by Symantec for the purpose of evaluating and improving the ability of SymantecÆs products to detect malicious behavior, potentially fraudulent websites and other Internet security risks. This information will not be correlated with any personally identifiable information.
ò Portable executable files that are identified as malware. These files are submitted to Symantec using the SoftwareÆs automatic submission function. The collected files could contain personally identifiable information that has been obtained by the malware without your permission. Files of this type are being collected by Symantec only for the purpose of improving the ability of SymantecÆs products to detect malicious behavior. Symantec will not correlate these files with any personally identifiable information. Such automatic submission function may be deactivated after installation by following the instructions in the Documentation for applicable products.
ò The name given during initial setup to the computer on which the Software is being installed. If collected, the name will be used by Symantec as an account name for such computer under which you may elect to receive additional services and/or under which you may use certain features of the Software. You may change the account name at any time after installation of the Software (recommended).
ò Other information used for purposes of analyzing and improving the functionality of SymantecÆs products. This information will not be correlated with any personally identifiable information.
Symantec may disclose the collected information if asked to do so by a law enforcement official as required or permitted by law or in response to a subpoena or other legal process. In order to promote awareness, detection and prevention of Internet security risks, Symantec may share certain information with research organizations and other security software vendors. Symantec may also use statistics derived from the information to track and publish reports on security risk trends. By using the Software, you acknowledge and agree that Symantec may collect, transmit, store, disclose and analyze such information for these purposes.
5. Sixty (60) Day Money Back Guarantee:
If You are the original licensee of this copy of the Software and are not completely satisfied with it for any reason, please contact Symantec Customer Service for a refund of the money You paid for the Software (less shipping, handling, and any applicable taxes except in certain states and countries where shipping, handling and taxes are refundable) at any time during the sixty (60) day period following the date of purchase.
6. Limited Warranty:
Symantec warrants that the media on which the Software is distributed will be free from defects for a period of sixty (60) days from the date of delivery of the Software to You. Your sole remedy in the event of a breach of this warranty will be that Symantec will, at its option, replace any defective media returned to Symantec within the warranty period or refund the money You paid for the Software. Symantec does not warrant that the Software will meet Your requirements or that operation of the Software will be uninterrupted or that the Software will be error-free.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
7. Disclaimer of Damages:
SOME STATES AND COUNTRIES, INCLUDING MEMBER COUNTRIES OF THE EUROPEAN ECONOMIC AREA, DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SYMANTEC OR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF SYMANTEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO CASE SHALL SYMANTECÆS OR ITS LICENSORSÆ LIABILITY EXCEED THE PURCHASE PRICE FOR THE APPLICABLE SERVICE PERIOD. The disclaimers and limitations set forth above will apply regardless of whether You accept the Software.
8. U.S. Government Restricted Rights:
The Software is deemed to be commercial computer software as defined in FAR 12.212 and subject to restricted rights as defined in FAR Section 52.227-19 "Commercial Computer Software - Restricted Rights" and DFARS 227.7202, ôRights in Commercial Computer Software or Commercial Computer Software Documentationö, as applicable, and any successor regulations. Any use, modification, reproduction release, performance, display or disclosure of the Software by the U.S. Government shall be solely in accordance with the terms of this Agreement.
9. Export Regulation:
You acknowledge that Symantec products and controlled technology may be subject to the export and import control laws of the United States and any country where the product or controlled technology is manufactured or received. By using Symantec products and controlled technology You agree that You will not violate any such laws. You agree not to export any Symantec product or controlled technology to any prohibited country, entity, or person for which an export license or other governmental approval is required. Obtaining necessary licenses and approvals is solely Your obligation. You agree that You will not export or sell any Symantec product or controlled technology for use in connection with chemical, biological, or nuclear weapons, or missiles capable of delivering such weapons.
10. General:
If You are located in North America or Latin America, this License Agreement will be governed by the laws of the State of California, United States of America. Otherwise, this License Agreement will be governed by the laws of England and Wales. This License Agreement is the entire agreement between You and Symantec relating to the Software and: (i) supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter; and (ii) prevails over any conflicting or additional terms of any quote, order, acknowledgment, or similar communications between the parties. Notwithstanding the foregoing, nothing in this License Agreement will diminish any rights you may have under existing consumer protection legislation or other applicable laws in your jurisdiction that may not be waived by contract. This License Agreement shall terminate upon Your breach of any term contained herein and You shall cease use of and destroy all copies of the Software. The disclaimers of warranties and damages and limitations on liability shall survive termination. The Software is delivered Ex Works California, U.S.A. or Dublin, Ireland respectively (ICC INCOTERMS 2000). This License Agreement may only be modified by the Documentation or by a written document that has been signed by both You and Symantec. Should You have any questions concerning this License Agreement, or if You desire to contact Symantec for any reason, please write to: (i) Symantec Customer Service, 555 International Way, Springfield, OR 97477, U.S.A., (ii) Symantec Consumer Support, PO Box 5689, Dublin 15, Ireland, or (iii) Symantec Customer Service, 1 Julius Ave, North Ryde, NSW 2113, Australia.
