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{\f76\froman\fcharset161\fprq2 Times New Roman Greek;}{\f77\froman\fcharset162\fprq2 Times New Roman Tur;}{\f78\froman\fcharset177\fprq2 Times New Roman (Hebrew);}{\f79\froman\fcharset178\fprq2 Times New Roman (Arabic);}
{\f80\froman\fcharset186\fprq2 Times New Roman Baltic;}{\f81\fswiss\fcharset238\fprq2 Arial CE;}{\f82\fswiss\fcharset204\fprq2 Arial Cyr;}{\f84\fswiss\fcharset161\fprq2 Arial Greek;}{\f85\fswiss\fcharset162\fprq2 Arial Tur;}
{\f86\fswiss\fcharset177\fprq2 Arial (Hebrew);}{\f87\fswiss\fcharset178\fprq2 Arial (Arabic);}{\f88\fswiss\fcharset186\fprq2 Arial Baltic;}{\f105\froman\fcharset238\fprq2 Times CE;}{\f106\froman\fcharset204\fprq2 Times Cyr;}
{\f108\froman\fcharset161\fprq2 Times Greek;}{\f109\froman\fcharset162\fprq2 Times Tur;}{\f110\froman\fcharset177\fprq2 Times (Hebrew);}{\f111\froman\fcharset178\fprq2 Times (Arabic);}{\f112\froman\fcharset186\fprq2 Times Baltic;}}
\par }\pard\plain \ql \li0\ri0\widctlpar\faauto\adjustright\rin0\lin0\itap0 \fs20\lang2057\langfe1033\cgrid\langnp2057\langfenp1033 {\f1 DUMMY JAPANESE LICENCE
\par
\par Please read carefully the following legally binding End-User Licence Agreement between Sophos and You for the Software defined below before clicking on the accept/decline buttons below. By clicking on the accept button below, or by installing, copying or
o
therwise using this Software You agree to be bound by the terms of this End-User Licence Agreement. If You do not agree with the terms of this End-User Licence Agreement, You should click on the decline button below and Your access to the Software will be
denied and You should not attempt to install, copy or otherwise use the Software. Also, by installing, copying or otherwise using Upgrades from Sophos You agree to be bound by any additional licence terms that accompany such Upgrades. If You do not agree
to the additional licence terms that accompany such Upgrades, You may not install, copy or use such Upgrades.
means where the Licensed Program is deployed: (i) on an email server, Your computers that are capable of receiving mail
from that server; (ii) on an internet proxy or other gateway device, Your computers that are capable of connecting to that proxy; (iii) on a database, Your computers that are capable of retrieving data from that database; (iv) in any other manner to scan
data, Your computers that are capable of retrieving that data; and (v) on a computer other than a Server, Your computer.\line }{\b\f1 \lquote Computer Licence\rquote }{\f1
means the aggregate number of Computers that are permitted under the Schedule at any time.\line }{\b\f1 \lquote Documentation\rquote }{\f1 means any
documentation provided to You by Sophos (whether electronic or printed) which accompanies the Licensed Program.\line }{\b\f1 \lquote End-User Licence Agreement\rquote }{\f1 means this Sophos end-user licence agreement and the Schedule.\line }{\b\f1
\lquote Fee\rquote }{\f1 means the sums payable by You in respect of a licence to use the Licensed Program for the agreed licence term as set out in the Schedule.\line }{\b\f1 \lquote Licence Expiry Date\rquote }{\f1
means such date as may be set out in the Schedule.\line }{\b\f1 \lquote Licensed Program\rquote }{\f1 means those programs, which are listed on the Schedule together with the Documentation, Upgrades and Virus Updates.\line }{\b\f1 \lquote Media\rquote }
{\f1 means the CD or other storage media containing the Software which is provided to You by Sophos. \line }{\b\f1 \lquote Product\rquote }{\f1 means the Media and the Software. \line }{\b\f1 \lquote Schedule\rquote }{\f1
means the schedule provided to You by Sophos which sets out certain details in relation to Your use of the Licensed Program and which forms part of this End-User Licence Agreement.\line }{\b\f1 \lquote Server\rquote }{\f1
means a computer upon which the Licensed Program is installed AND from which other computers receive or retrieve data.\line }{\b\f1 \lquote Server Licence\rquote }{\f1
means the aggregate number of Server processors that are permitted under the Schedule to run the Licensed Program at any time.\line }{\b\f1 \lquote Software\rquote }{\f1 means any program or data file contained on the Media and the Documentation. }{
means any enhancement or improvement to the functionality of the Licensed Program (excluding Virus Updates) made available to You by Sophos at its sole discretion from time to time but excluding any software and/or updates marketed and lice
nced by Sophos as a new version or new release of the Licensed Program.\line }{\b\f1 \lquote Virus Update\rquote }{\f1 means an update to the library of virus identities made available to You by Sophos.\line }{\b\f1 \lquote You\rquote }{\f1
means the licensee specified in the Schedule.
\par }\pard\plain \s16\ql \li0\ri0\sb100\sa100\keepn\widctlpar\faauto\adjustright\rin0\lin0\itap0 \b\f4\fs24\lang2057\langfe1033\cgrid\langnp2057\langfenp1033 {\f1\fs20 2. COPYRIGHT AND OWNERSHIP
\par }\pard\plain \ql \li0\ri0\widctlpar\faauto\adjustright\rin0\lin0\itap0 \fs20\lang2057\langfe1033\cgrid\langnp2057\langfenp1033 {\f1 Once Y
ou have bought the Product, You own only the Media on which the Software is recorded. You do not own the Software itself. The Software is the exclusive property of Sophos. The Software and the Documentation are proprietary products of Sophos and are prote
cted throughout the world by copyright and other intellectual property rights.
\par }\pard\plain \s16\ql \li0\ri0\sb100\sa100\keepn\widctlpar\faauto\adjustright\rin0\lin0\itap0 \b\f4\fs24\lang2057\langfe1033\cgrid\langnp2057\langfenp1033 {\f1\fs20 3. GRANT OF LICENCE
In consideration of Your payment of the Fee, Sophos hereby grants to You a non-exclusive right to use the Software subject to the following provisions.
\par 3.1 You are permitted to:
\par 3.1.1 use the Licensed Program for Your internal business purpose, relating specifically to the integrity of Your documents, emails and other data (\'93Your Internal Business Purpose\'94). The number of Computers and/or Servers on which you m
ay use the Licensed Program for Your Internal Business Purpose must not exceed the number of Computer Licences and/or Server Licences.\line
3.1.2 allow Your employees to use the Licensed Program at home on a single workstation provided that You shall be respons
ible for support and the distribution of Upgrades. The number of employees You may allow to use the Licensed Programs at home must not exceed the number of Computer Licences and/or Server Licences.\line
3.1.3 if such facilities are provided as part of the Product, create diskette sets containing any part of the Licensed Programs. The number of such diskette sets created must not exceed the number of Computer Licences and/or Server Licences.\line
3.1.4 except as provided in clause 3.1.5 below, which relates only to the Documentation, make one copy of the Licensed Program or any part thereof for backup purposes provided that You reproduce Sophos\rquote
proprietary notices on any such backup copy of the Licensed Program.\line 3.1.5 use, copy, reproduce in whole or in part, adapt and modify the Documentation for Your Internal Business Purpose only.\line
3.1.6 transfer the Product and Your rights under this End-User Licence Agreement on a permanent basis to another person or entity, provided that You transfer the Media, all copies of the S
oftware and Documentation and prior to such transfer (i) You pass full contact details for the recipient to Sophos; and (ii) You procure that the recipient agrees to be bound by the terms of this End-User Licence Agreement and notifies Sophos in writing o
f its agreement.
\par 3.2 You are not permitted to:
\par 3.2.1 use the Licensed Program for the provision of any service for the benefit of third parties unless You first acquire an application service provider licence from Sophos.\line 3.2.2 modify or translate the Lice
nsed Program except as necessary to configure the Licensed Program using the menus, options and tools provided for such purposes and contained in the Software and, in relation to the Documentation, except as necessary to produce and adapt manuals and/or o
ther documentation for Your Internal Business Purpose.\line 3.2.3 reverse engineer, disassemble or decompile the Licensed Program or any portion thereof except to the extent and for the express purposes authorised by applicable law.\line
3.2.4 transmit or provide access to the Licensed Program save as provided in the Computer Licence and/or the Server Licence.\line
3.2.5 sub-license, rent, sell, lease, distribute or otherwise transfer the Licensed Program save as provided under this End-User Licence Agreement unless You ob
tain a separate licence from Sophos for such purposes (for example, You may not embed the Licensed Program into another application and then distribute such to third parties unless You first acquire an OEM licence from Sophos).
\par }\pard\plain \ql \li0\ri0\widctlpar\faauto\adjustright\rin0\lin0\itap0 \fs20\lang2057\langfe1033\cgrid\langnp2057\langfenp1033 {\f1 4.1 Sophos warrants to You only that for a period of ninety (90) days from the date of purchase (the \'93Warranty Period
\'94): (i) the Licensed Program will perform substantially in accordance with the Documentation provided that it is operated in accordance
with the Documentation on the designated operating system(s) and (ii) the Documentation adequately describes the operation of the Licensed Program in all material respects.\line
4.2 If Sophos is notified in writing of a breach of this warranty during the Warranty Period, Sophos\rquote entire liability and Your sole remedy shall be (at Sophos\rquote
option) to correct or replace the Licensed Program and/or its Documentation within a reasonable time or provide or authorise a refund of the Fee following the return of the Prod
uct accompanied by proof of purchase. Any items provided as replacement under the terms of this warranty will be warranted for the remainder of the original Warranty Period.
\par }\pard\plain \s16\ql \li0\ri0\sb100\sa100\keepn\widctlpar\faauto\adjustright\rin0\lin0\itap0 \b\f4\fs24\lang2057\langfe1033\cgrid\langnp2057\langfenp1033 {\f1\fs20 5. DISCLAIMER OF WARRANTIES
\par }\pard\plain \ql \li0\ri0\widctlpar\faauto\adjustright\rin0\lin0\itap0 \fs20\lang2057\langfe1033\cgrid\langnp2057\langfenp1033 {\f1 EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN SECTION
4 ABOVE, SOPHOS MAKES NO WARRANTIES, CONDITIONS, UNDERTAKINGS OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE IN RELATION TO THE PRODUCT INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILIT
Y
, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM COURSE OF DEALING, USAGE OR TRADE. SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU AND YOU M
AY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTIONS.\line
WITHOUT LIMITATION TO THE FOREGOING, SOPHOS DOES NOT WARRANT THAT THE PRODUCT WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PRODUCT WILL BE ERROR FREE OR UNINTERRUPTED
OR THAT DEFECTS IN THE PRODUCT WILL BE CORRECTED. SOPHOS DOES NOT WARRANT THAT THE LICENSED PROGRAM WILL DETECT AND/OR CORRECTLY IDENTIFY AND/OR DISINFECT ALL MALICIOUS PROGRAMS OR OTHER HARMFUL COMPONENTS, INCLUDING WITHOUT LIMITATION VIRUSES PRESENT ON
YOUR COMPUTER OR SERVER.
\par }\pard\plain \s16\ql \li0\ri0\sb100\sa100\keepn\widctlpar\faauto\adjustright\rin0\lin0\itap0 \b\f4\fs24\lang2057\langfe1033\cgrid\langnp2057\langfenp1033 {\f1\fs20 6. LIMITATION OF LIABILITY
6.1 YOU USE THE PRODUCT AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SOPHOS OR ANY OF ITS THIRD-PARTY LICENSORS AND SUPPLIERS BE LIABLE TO YOU FOR OR TO THOSE CLAI
MING THROUGH YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGE OR LOSS OF ANY KIND INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF CONTRACTS, BUSINESS INTERRUPTIONS, LOSS OF OR CORRUPTION OF DATA HOWEVER CAUSED AND WHETHER
ARISING UNDER CONTRACT OR TORT, INCLUDING NEGLIGENCE, EVEN IF SOPHOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.\line
6.2 IF ANY LIMITATION, EXCLUSION, DISCLAIMER OR OTHER PROVISION CONTAINED IN THIS END-USER LICENCE AGREEMENT IS HELD TO BE INVALID FOR
ANY REASON BY A COURT OF COMPETENT JURISDICTION AND SOPHOS BECOMES LIABLE THEREBY FOR LOSS OR DAMAGE THAT MAY LAWFULLY BE LIMITED, SUCH LIABILITY WHETHER IN CONTRACT, TORT OR OTHERWISE, WILL NOT EXCEED THE LOWER OF THE FEE PAID BY YOU AND SOPHOS\rquote
LIST PRICE FOR THE PRODUCT.
\par }\pard\plain \s16\ql \li0\ri0\sb100\sa100\keepn\widctlpar\faauto\adjustright\rin0\lin0\itap0 \b\f4\fs24\lang2057\langfe1033\cgrid\langnp2057\langfenp1033 {\f1\fs20 7. TERM
This End-User Licence Agreement is effective from the moment of acceptance as described in the first paragraph of this End-User Licence Agreement, and shall remain in force either until the Licence Expiry Date specified in the Sc
hedule (and if no such date is specified, this End-User Licence Agreement shall continue in perpetuity) or until terminated as provided below, whichever is the sooner. If You want to renew Your licence You should contact Your supplier or Sophos. Your obli
gations under this End-User Licence Agreement in respect of the intellectual property and confidential information of Sophos shall survive any expiry or termination of this End-User Licence Agreement.
\par }\pard\plain \s16\ql \li0\ri0\sb100\sa100\keepn\widctlpar\faauto\adjustright\rin0\lin0\itap0 \b\f4\fs24\lang2057\langfe1033\cgrid\langnp2057\langfenp1033 {\f1\fs20 8. U.S. GOVERNMENT RESTRICTED RIGHTS
\par }\pard\plain \ql \li0\ri0\widctlpar\faauto\adjustright\rin0\lin0\itap0 \fs20\lang2057\langfe1033\cgrid\langnp2057\langfenp1033 {\f1 If You are an agenc
y or other part of the U.S. Government, the Software and the Documentation are commercial computer software and commercial computer software documentation and their use, duplication and disclosure are subject to the terms of this End-User Licence Agreemen
t per FAR 12.212 or DFARS 227.7202-3.
\par }\pard\plain \s16\ql \li0\ri0\sb100\sa100\keepn\widctlpar\faauto\adjustright\rin0\lin0\itap0 \b\f4\fs24\lang2057\langfe1033\cgrid\langnp2057\langfenp1033 {\f1\fs20 9. EXPORT CONTROL REQUIREMENTS
You hereby agree that You will use, disclose and/or transport the Product in accordance with any applicable export control laws and regulations and that You are solely responsible for fulf
illing any applicable governmental requirements in connection with Your use, disclosure and/or transport of the Product. You agree to indemnify and hold Sophos harmless from and against any claim, loss, liability or damage suffered or incurred by Sophos r
esulting from or related to Your violation of this paragraph.
You may terminate this End-User Licence Agreement at any time by destroying the Software and all copies of it. This End-User Licence Agreement and Your rights under it will also t
erminate immediately if: (i) You fail to pay the Fee in accordance with the agreed payment terms; or (ii) You fail to comply with any of the terms and conditions of this End-User Licence Agreement; or (iii) if You take or suffer any action on account of d
e
bt or are insolvent. On termination of this End-User Licence Agreement, You must destroy the Software and all copies of it. Within one month after the date of termination of this End-User Licence Agreement, You must supply written certification to Sophos
of the destruction by You of the Software and all copies of all or any part of it.
\par }\pard\plain \ql \li0\ri0\widctlpar\faauto\adjustright\rin0\lin0\itap0 \fs20\lang2057\langfe1033\cgrid\langnp2057\langfenp1033 {\f1 The Software may include confidential informatio
n which is secret and valuable to Sophos. You are not entitled to use or disclose that confidential information other than strictly in accordance with the terms of this End-User Licence Agreement. Sophos reserves the right to disclose details of the End-U
ser Licence Agreement to third parties for publicity and promotional purposes. Notwithstanding the foregoing, Sophos will only process personal information in accordance with the provisions of the Data Protection Act 1998.
\par }\pard\plain \s16\ql \li0\ri0\sb100\sa100\keepn\widctlpar\faauto\adjustright\rin0\lin0\itap0 \b\f4\fs24\lang2057\langfe1033\cgrid\langnp2057\langfenp1033 {\f1\fs20 12. GENERAL
\par }\pard\plain \ql \li0\ri0\widctlpar\faauto\adjustright\rin0\lin0\itap0 \fs20\lang2057\langfe1033\cgrid\langnp2057\langfenp1033 {\f1 12.1 Any reseller, dis
tributor or dealer from whom You may have purchased the Product is not appointed or authorised by Sophos as its servant or agent. No such person has any authority, either express or implied, to enter into any contract or provide You with any representatio
n, warranty or guarantee with or to You or to translate or modify this End-User Licence Agreement in any way on behalf of Sophos or otherwise to bind Sophos in any way whatsoever.\line
12.2 Failure by Sophos to enforce any particular term of this End-User Licence Agreement shall not be construed as a waiver of any of its rights under it.\line
12.3 The illegality, invalidity or unenforceability of any part of this End-User Licence Agreement will not affect the legality, validity or enforceability of the remainder.
\par 12.
4 If You have signed a separate written software licence agreement with Sophos covering the use of the Product, the terms of such signed software licence agreement shall take precedence over any conflicting terms of this End-User Licence Agreement. Otherw
ise this End-User Licence Agreement constitutes the entire agreement between the parties in relation to the Product and its licensing and supersedes any other oral or written communications, agreements or representations with respect to the Product.\line
12.5 Th
e construction, validity and performance of this End-User Licence Agreement shall be governed by and submitted to the laws of England and Wales and the non-exclusive jurisdiction of the courts of England and Wales. Notwithstanding the foregoing, Sophos sh
all have the right to seek injunctive, or similar, relief in any courts of competent jurisdiction.
\par }{\b\f1 Any notices required to be given in writing to Sophos or any questions concerning this End-User Licence Agreement should be addressed to The Contracts Manager, Sophos Plc, The Pentagon, Abingdon, OX14 3YP, United Kingdom.
