PC & Mediji 2000 February/PCM_0002.iso/programi/cybunins.exe/EULA1YR.txt

Text File | 1998-06-02 | 17.2 KB | 321 lines

  Network Associates Software End-User License Agreement
              ****Uninstaller 5.1****
    Copyright (c) 1998 Network Associates, Inc. and its
        Affiliated Companies. All Rights Reserved


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.

1.  License Grant. Subject to the payment of the
    applicable license fees, and 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").  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"). If the Software is licensed
    as a suite or bundle with more than one specified
    Software products, this license applies to all such
    specified Software products, subject to any restrictions
    or usage terms specified individually for any of such
    Software products on the applicable product invoicing
    or packaging.

    a.    Use. 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. This license authorizes you to make
        one copy of the Software solely for backup or
        archival purposes, provided that the copy you make
        contains all of the proprietary notices for the
        Software.

    b.    Server Use. To the extent that the applicable
        product invoicing or packaging sets forth, you may
        use the Software on a Client Device or as a server
        ("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. If the
        applicable product invoicing or packaging does not
        specify a maximum number of Client Devices or
        pollers, this is a single product use license subject
        to subsection (a) above. A separate license is
        required for each Client Device or "seat" that may
        connect to the Software at any time, regardless of
        whether such licensed Client Devices or seats are
        connected to the Software concurrently, or are
        actually using the Software at any particular time.
        Your use of software or hardware that reduces the
        number of Client Devices or seats that connect to
        and use the Software directly or simultaneously
        (e.g., "multiplexing" or "pooling" software or
        hardware) does not reduce the number of licenses
        required. Specifically, you must have that number
        of licenses that would equal the number of distinct
        inputs to the multiplexing or pooling software or
        hardware "front end").  If the number of Client
        Devices or seats that can connect to the Software
        can exceed the number of licenses you have obtained,
        then you must have a reasonable mechanism in place to
        ensure that your use of the Software does not exceed
        the use limits specified for the license you have
        obtained. This license authorizes you to make or
        download one copy of the Documentation for each
        Client Device or seat that is licensed, provided that
        each such copy contains all of the proprietary notices
        for the Documentation.

    c.    Volume Use. If the Software is licensed with volume
        use terms specified in the applicable product
        invoicing or packaging, you may make, use and install
        as many additional copies of the Software on the number
        of Client Devices as the volume use terms authorize.
        You must have a reasonable mechanism in place to
        ensure that the number of Client Devices on which the
        Software has been installed does not exceed the number
        of licenses you have obtained. This license authorizes
        you to make or download one copy of the Documentation
        for each additional copy authorized by the volume
        license, provided that each such copy contains all of
        the proprietary notices for the Documentation.

2.  Term. This Agreement is effective unless and until you or
    Network Associates terminates 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.
    When this agreement terminates, you must destroy all copies
    of the Software and the Documentation.  You may terminate
    this Agreement at any point by destroying all copies of the
    Software and the Documentation.

3.  Updates. For the time period specified in the applicable
    product invoicing or packaging or, if not specified, then
    for a period of ninety (90) days from the date of original
    purchase of the Software, you may download revisions,
    upgrades, or updates to the Software when and as Network
    Associates publishes them via its website or other online
    services. After the specified time period, you have no
    further rights to receive any revisions, upgrades or
    updates unless you purchase a new license to the Software.

4.  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.

5.  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.

6.  Warranty and Disclaimer

    a.    Limited Warranty. Network Associates warrants that for
        sixty (60) days from the date of original purchase the
        media (for example, the diskettes) on which the Software
        is contained will be free from defects in materials and
        workmanship.

    b.  Customer Remedies. Network Associates' and its suppliers'
        entire liability, and your exclusive remedy, shall be,
        at Network Associates' option, either (i) to return the
        purchase price paid for the license, if any, or (ii)
        to replace the defective media on which the Software is
        contained with a copy on nondefective media. You must
        return the defective media to Network Associates at your
        expense with a copy of your receipt. This limited
        warranty is void if the defect has resulted from
        accident, abuse, or misapplication. Any replacement media
        will be warranted for the remainder of the original
        warranty period. Outside the United States, this remedy
        is not available to the extent that Network Associates
        is subject to restrictions under United States export
        control laws and regulations.

    c.  Warranty Disclaimer. To the maximum extent permitted by
        applicable law, and except for the limited warranty set
        forth herein, 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.

7.  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.

8.  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.

9.  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.

10. 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.

11. 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.

12. 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.