Netware Super Library/Netware Super Library.iso/virus/nsh-211e/license.txt

Text File | 1995-04-19 | 16.1 KB | 343 lines

PLEASE FEEL FREE TO (i) UPLOAD THIS SOFTWARE TO ANY ELECTRONIC
BULLETIN BOARD, (ii) DEMONSTRATE THE SOFTWARE AND ITS
CAPABILITIES OR (iii) GIVE COPIES TO POTENTIAL USERS, SO THAT
OTHERS MAY HAVE THE OPPORTUNITY TO OBTAIN A COPY FOR USE IN
ACCORDANCE WITH THE LICENSE TERMS CONTAINED IN THIS FILE.

BUSINESS/INSTITUTION/GOVERNMENT LICENSE.  If you are a business,
institution or government agency, the first of the three licenses
in this file pertains to you.  Forms to request information
regarding this license are at the end of this file.

SERVICE LICENSE.  If you are a business using the software
programs for checking client and customer diskettes and systems,
the second of the three licenses in this file pertains to you.

To register your McAfee Product please refer to the REGISTER.TXT file.
Registration forms are also located in the REGISTER.TXT file.

_______________________________________________________________

      McAFEE, INC. BUSINESS/INSTITUTION/GOVERNMENT LICENSE

        NOTICE TO USERS ("COMPANY"):  CAREFULLY READ THE FOLLOWING
LEGAL AGREEMENT. COMPANY'S USE OF THIS SOFTWARE IS CONDITIONED
UPON COMPLIANCE BY COMPANY WITH THE TERMS OF THIS AGREEMENT. THE
SOFTWARE MAY BE EVALUATED FOR FIVE DAYS ON A ROYALTY FREE BASIS.
CONTINUED USE AFTER EVALUATION IS CONDITIONED UPON PAYMENT BY
COMPANY OF THE NEGOTIATED LICENSE FEE SPECIFIED IN A CONFIRMATION
LETTER FROM MCAFEE, INC. ("MCAFEE").

        The Software may not be distributed by Company to any
outside corporation, organization or government agency.  This
license authorizes Company to use the number of copies described
in the confirmation letter from McAfee and for which Company has
paid McAfee the negotiated license fee.  If the confirmation
letter from McAfee indicates that Company's license is
"Corporate-Wide", this license will be deemed to cover copies
duplicated and distributed by Company for use on any additional
incremental machines purchased or leased by Company during the
negotiated period, at no additional charge.  This license will
remain in effect for two years from the date of the confirmation
letter from McAfee authorizing such continued use or such other period
as is stated in the confirmation letter (the "Term").  If Company
does not obtain a confirmation letter and pay the applicable
license fee, this license expires at the end of the five day
evaluation period.  All updates must be accessed and downloaded
from McAfee's bulletin board (BBS), the McAfee Forum on
CompuServe and Ameica Online or McAfee's Internet node.  Access
instructions for the Company's licensed user bulletin board are
included in the confirmation letter.

I.      SINGLE POINT OF CONTACT.  Support for Software bug reports
and other product issues will be handled through a single point
of contact within the Company.  Company shall identify the
contact individual when placing its order with McAfee or McAfee's
Authorized Agent.  There will be no charge for support of the
Software from the Company's headquarters in Santa Clara when
channelled through such individual.  Support requests from other
organizational areas will be billed at normal hourly support rates.

II. TECHNICAL  SUPPORT.   If technical support is included in the
license grant, telephone, BBS, CompuServe, America Online  and Internet
support is available.  On-site support may be obtained from a McAfee
Authorized Agent, as available, at a negotiated hourly rate plus travel
time and expenses.

III.    EMPLOYEE HOME USE OPTION.
 McAfee will license the Software for home use by employees if requested by
Company, in writing, within the first year of the license.  The cost for
this option is 25% of the then current USSRP for that license product for
that number of employee home use machines.

IV.     GENERAL TERMS.

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

        REVERSE ENGINEERING.  Company agrees that it will not
attempt, and will use its best efforts to prevent its employees
from attempting to reverse compile, modify, translate or disassemble
the Software in whole or in part.

        LIMITED WARRANTY.  McAfee warrants that the Software will
perform substantially in accordance with the accompanying documentation
for a period of ninety (30) days from the date McAfee receives payment.

        COMPANY REMEDIES.  If the Software does not conform to the
limited warranty above ("Limited Warranty"), McAfee's entire
liability and Company's sole and exclusive remedy shall be, at
McAfee's option, either to (a) correct the error, (b) help
Company work around or avoid the error or (c) authorize a refund,
so long as the Software is destroyed by Company.  The Limited
Warranty is void if failure of the Software has resulted from
accident, abuse, or misapplication.  Any replacement Software
will be warranted for the remainder of the original Limited
Warranty period.

        NO OTHER WARRANTIES.  MCAFEE DOES NOT WARRANT THAT
THE SOFTWARE IS ERROR FREE, IDENTIFIES ALL KNOWN VIRUSES OR MAY NOT
OCCASIONALLY REPORT A VIRUS IN A FILE NOT INFECTED BY THAT VIRUS.
EXCEPT FOR THE EXPRESS LIMITED WARRANTY ABOVE, MCAFEE DISCLAIMS 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.

        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.

        NO LIABILITY FOR CONSEQUENTIAL DAMAGES.  IN NO EVENT SHALL
MCAFEE OR ITS SUPPLIERS BE LIABLE FOR CONSEQUENTIAL, 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 LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR
ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY
COMPANY.

        EXPORT.  Company agrees that it will not export or re-export
the Software to North Korea, Vietnam, Cuba, Iran or Iraq without
the appropriate United States or foreign government licenses.

        GOVERNING LAW.  This Agreement will be governed by the laws
of the State of California as they are applied to agreements to
be entered into and to be performed entirely within California.
The United Nations Convention on Contracts for the International
Sale of Goods is specifically disclaimed.

        U.S. GOVERNMENT RESTRICTED RIGHTS.  If the Software is
acquired (i) for use by DoD, use, duplication or disclosure by
the Government is subject to the terms of this license unless
superseded by 252.227-7013(c)(1)(ii) or (ii) for use by civilian
agencies, use, reproduction or disclosure is subject to the terms
of this license unless superseded by 52.227-19.

        ENTIRE AGREEMENT.  This Agreement together with any McAfee
confirmation letter constitute the entire agreement between
Company and McAfee which supersedes any prior agreement,
including any prior license from McAfee, or understanding,
whether written or oral, relating to the subject matter of this
Agreement.  The terms and conditions of this Agreement shall
apply to all orders submitted to McAfee and shall supersede any
different or additional terms on purchase orders from Company.

        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,
Inc. 2710 Walsh Avenue,  Santa Clara, California
95051-0963.

_________________________________________________________________

                McAFEE SERVICE LICENSE

        NOTICE TO SERVICE PROVIDERS ("COMPANY"):  CAREFULLY READ THE
FOLLOWING LEGAL AGREEMENT. COMPANY'S USE OF THIS SOFTWARE IS
CONDITIONED UPON COMPLIANCE BY COMPANY WITH THE TERMS OF THIS
AGREEMENT AND PAYMENT BY COMPANY OF THE NEGOTIATED LICENSE FEE
SPECIFIED IN A CONFIRMATION LETTER FROM MCAFEE, INC.("MCAFEE").

        The Software may not be distributed by Company to any
outside corporation, organization or government agency.  This
license authorizes Company to use the number of copies described
in the confirmation letter from McAfee and for which Company has
paid McAfee the negotiated license fee.  The Software must remain
on diskette, may not be copied to a hard drive, and must be
removed from the client/customer site when the Company
representative leaves the site.  This license will remain in
effect for two years from the date of the confirmation letter
from McAfee authorizing such use or such other period as is
stated in the confirmation letter (the "Term").  All updates must
be accessed and downloaded from McAfee's bulletin board(BBS), the
McAfee Forum on CompuServe and America Online or McAfee's Internet node.
Access instructions for the Company's licensed user BBS are included in
the confirmation letter.

I.      SINGLE POINT OF CONTACT.  Support for Software bug reports
and other product issues will be handled through a single point
of contact within the Company.  Company shall identify the
contact individual when placing its order with McAfee or McAfee's
Authorized Agent.  There will be no charge for support of the
Software when channelled through such individual.  Support
requests from other organizational areas will be billed at normal
hourly support rates.

II. TECHNICAL  SUPPORT.   If technical support is included in the
license grant, telephone, BBS, CompuServe, America Online  and Internet
support is available.  On-site support may be obtained from a McAfee
Authorized Agent, as available, at a negotiated hourly rate plus travel
time and expenses.

III.    GENERAL TERMS.

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

        REVERSE ENGINEERING.  Company agrees that it will not
attempt, and will use its best efforts to prevent its employees
from attempting to reverse compile, modify, translate or
disassemble the Software in whole or in part.

        LIMITED WARRANTY.  McAfee warrants that the Software will
perform substantially in accordance with the accompanying
documentation for a period of ninety (30) days from the date
McAfee receives payment.

        COMPANY REMEDIES.  If the Software does not conform to the
limited warranty above ("Limited Warranty"), McAfee's entire
liability and Company's sole and exclusive remedy shall be, at
McAfee's option, either to (a) correct the error, (b) help
Company work around or avoid the error or (c) authorize a refund,
so long as the Software is destroyed by Company.  The Limited
Warranty is void if failure of the Software has resulted from
accident, abuse, or misapplication.  Any replacement Software
will be warranted for the remainder of the original Limited
Warranty period.

        NO OTHER WARRANTIES.    MCAFEE DOES NOT WARRANT THAT
THE SOFTWARE IS ERROR FREE, IDENTIFIES ALL KNOWN VIRUSES OR MAY NOT
OCCASIONALLY REPORT A VIRUS IN A FILE NOT INFECTED BY THAT VIRUS.
EXCEPT FOR THE EXPRESS LIMITED WARRANTY ABOVE, MCAFEE DISCLAIMS 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.

        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.

        NO LIABILITY FOR CONSEQUENTIAL DAMAGES.  IN NO EVENT SHALL
MCAFEE OR ITS SUPPLIERS BE LIABLE FOR CONSEQUENTIAL, 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 LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR
ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY
COMPANY.

        EXPORT.  Company agrees that it will not export or re-export
the Software to North Korea, Vietnam, Cuba, Iran or Iraq without
the appropriate United States or foreign government licenses.

        GOVERNING LAW.  This Agreement will be governed by the laws
of the State of California as they are applied to agreements to
be entered into and to be performed entirely within California.
The United Nations Convention on Contracts for the International
Sale of Goods is specifically disclaimed.

        U.S. GOVERNMENT RESTRICTED RIGHTS.  If the Software is
acquired (i) for use by DoD, use, duplication or disclosure by
the Government is subject to the terms of this license unless
superseded by 252.227-7013(c)(1)(ii) or (ii) for use by civilian
agencies, use, reproduction or disclosure is subject to the terms
of this license unless superseded by 52.227-19.

        ENTIRE AGREEMENT.  This Agreement together with any McAfee
confirmation letter constitute the entire agreement between
Company and McAfee which supersedes any prior agreement,
including any prior license from McAfee, or understanding,
whether written or oral, relating to the subject matter of this
Agreement.  The terms and conditions of this Agreement shall
apply to all orders submitted to McAfee and shall supersede any
different or additional terms on purchase orders from Company.

        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
2710 Walsh Avenue, Santa Clara, California  95051.


_________________________________________________________________

BUSINESS/INSTITUTION/GOVERNMENT REQUEST FOR INFORMATION FORM

Please mail ____________ or FAX _____________
Product and License information.

We have approximately __________PCs

Operating System   _____DOS    _____Netware   ______OS2    ____Macintosh

Send to:

Name:_______________________________  Dept:____________________

Company:_______________________________________________________

Address:_______________________________________________________

_______________________________________________________________

City/State/Province:___________________________________________

Country/Postal Code:___________________________________________

Telephone:____________________   Fax:__________________________

Which Product(s) would like information:


____ VirusScan                _____  Netshield          ______   NetTools

____ Sitemeter                _____  Brightworks        ______   NetRemote

____ LAN Inventory            _____  LAN Support Center



Send to:

McAfee
2710 Walsh Avenue
Santa Clara, California
95051-0963 USA

Or send to any of the AUTHORIZED AGENTS listed in the AGENTS.TXT file

For questions, orders and problems call
(M-F, 7:00am - 5:30pm PT):               [phone]  Business

For FAXs (24 hour, Group III FAX):       [phone]  FAX

Bulletin Board System (24 hour, 32 lines,
1200 - 14.4K baud, US Robotics HST DS):  [phone]  BBS