LICENSE KEY-PROTECTED VERSION OF ZONEALARM PRO FOR PERPETUAL USE; LICENSE KEY-PROTECTED VERSION OF ZONEALARM PRO FOR EVALUATION;
THIS END USER LICENSE AGREEMENT ZONEALARM PRO VERSION ("Agreement") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER ON BEHALF OF YOURSELF AS AN INDIVIDUAL OR ON BEHALF OF AN ENTITY AS ITS AUTHORIZED REPRESENTATIVE) AND ZONE LABS, INC. ("Zone Labs") FOR THE ZONEALARM PRO SOFTWARE ("Software"). The term "Software" also shall include any upgrades, modified versions or updates of the Software licensed to you by Zone Labs. Any downloading or installation of the Software is subject to compliance with the terms and conditions of this Agreement and all applicable laws and regulations, including laws and regulations governing copyrights, patents, trade secrets and trademarks. PLEASE READ THIS AGREEMENT CAREFULLY AND PRINT OUT A COPY FOR YOUR RECORDS. THIS AGREEMENT SUPERSEDES PREVIOUS VERSIONS.
YOU ACKNOWLEDGE THAT SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE PERMITTED TO INSTALL THE SOFTWARE ON YOUR COMPUTER ONLY FOR A LIMITED EVALUATION PERIOD. AFTER THE EVALUATION PERIOD, IF YOU HAVE NOT PURCHASED A LICENSE TO THE SOFTWARE FROM ZONE LABS, YOU WILL NO LONGER BE ABLE TO ACCESS THE SOFTWARE.
BY CHECKING THE AGREEMENT CHECKBOX BELOW AND CLICKING "INSTALL", INSTALLING THE SOFTWARE, COPYING OR OTHERWISE USING THE SOFTWARE YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT REGARDING YOUR USE OF THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, CLICK ON THE "CANCEL" BUTTON AND/OR DO NOT INSTALL, COPY OR OTHERWISE USE THE SOFTWARE.
1. GRANT OF LICENSE: The Software is deemed accepted by you upon download of the Software. Subject to the terms of this Agreement, Zone Labs hereby grants you a non-exclusive, non-transferable license to: (i)áinstall the Software, (ii)áuse the Software for your internal use, and (iii)ácopy the Software for back-up or archival purposes:
(A) for a limited evaluation period (the "Evaluation Period"), on a royalty-free basis. In the event that you purchase a license to the Software prior to the expiration of the Evaluation Period, your license will continue perpetually pursuant to the terms of subsectioná(B), below. If you do not purchase a license to the Software and install a license key (as described in Sectioná4 ("License Keys")) prior to the expiration of the Evaluation Period, the Software will become inoperable and automatically expire at the end of your Evaluation Period, at which time you agree to uninstall all copied portions of the Software.
(B) perpetually (subject to Sectioná9 ("Termination")), if you elect to purchase or have already purchased a license, and you may use the Software on the number of computers for which you have paid license fees.
2. LICENSE RESTRICTIONS: You acknowledge that the foregoing license extends only to your use of the features and functionality of the Software as described in the online documentation accompanying the downloadable version of the Software (the "Documentation"), and you agree not to reconfigure or modify the Software in order to enable features or functionality different than those described in such Documentation or available in other Zone Labs products without notifying Zone Labs and paying the applicable Software upgrade fee. You may not: (i)áreverse engineer, decompile, or disassemble the Software; (ii)ámodify, or create derivative works based upon, the Software in whole or in part; (iii)ádistribute copies of the Software; (iv)áremove any proprietary notices or labels on the Software; or (v)áresell, lease, rent, transfer, sublicense, or otherwise transfer rights to the Software. Any use in violation of this Section shall immediately terminate your license to the Software.
3. THIRD PARTY SOFTWARE: Certain third party software included with the Software is subject to additional terms and conditions imposed by Zone LabsÆ third party licensor(s). Such terms and conditions are contained in the "About" pages of the Software and are deemed incorporated herein by reference. You agree to comply with all applicable terms and conditions.
4. LICENSE KEYS: You acknowledge that the Software contains a license key which enables the Software to function during the Evaluation Period and which expires at the end of the Evaluation Period. If you purchase a license to the Software, Zone Labs will provide you an initial license key for installation with the Software which will enable you to (i)áuse the Software during the term of your license and (ii)áobtain certain subscription-based services ("Subscription Services") for a limited period pursuant to the terms of Sectioná6 ("Subscription Services"). In the event you subsequently purchase continued Subscription Services pursuant to Sectioná6 ("Subscription Services") and at each renewal thereof, Zone Labs will provide you additional license key(s) for installation with the Software to enable you to obtain such Subscription Services for the applicable subscription period. You agree not to purchase any license keys or similar computer code for the Software from any source other than Zone Labs or Zone LabsÆ authorized partners. You agree not to use any software to create any license key or similar computer code for the Software.
5. TITLE: You agree that no title to the intellectual property in the Software or license keys is transferred to you. Title, ownership, rights, and intellectual property rights in and to the Software and license keys shall remain in Zone Labs and/or Zone LabsÆ licensors. The Software is protected by copyright and patent laws of the United States and international treaties.
6. SUBSCRIPTION SERVICES: The term "Subscription Services" includes technical support and such additional services as Zone Labs may, in Zone LabsÆ discretion, make available to you, all as described in this Section.
6.1 TECHNICAL SUPPORT. Subject to your purchase of a license to the Software, Zone Labs will provide you with technical support for the one-year period commencing on your purchase of a license to the Software, free of charge. Upon expiration of such one-year period, you may obtain continued technical support for a specified period of time by paying Zone LabsÆ applicable then-current fee for Subscription Services and installing the applicable license keys, provided that such option is made available to you. All technical support is provided subject to Zone LabsÆ then-current technical support policy, and includes such updates to the Software as Zone Labs may make generally available thereunder from time to time in Zone LabsÆ sole discretion. In the event you are eligible to receive such updates to the Software, Zone Labs will notify you when such updates are available to be downloaded by you. All updates to the Software shall be governed by this Agreement unless other license terms are provided with the update.
6.2 ADDITIONAL SERVICES. During the time you are eligible to receive technical support, Zone Labs may, in Zone LabsÆ sole discretion, also make certain additional web-based security services available to you. Such additional services will be provided subject to Zone LabsÆ then-current policies regarding use of such additional services. Zone Labs reserves the right to discontinue any such additional services and/or offer new additional services at any time, without right to refund or set-off.
7. DISCLAIMER OF WARRANTY: The Software and Subscription Services are provided to you at minimal charge. ACCORDINGLY, YOU AGREE THAT ZONE LABS HAS MADE NO EXPRESS WARRANTIES, ORAL OR WRITTEN, TO YOU REGARDING THE SOFTWARE AND SUBSCRIPTION SERVICES AND THAT THE SOFTWARE AND SUBSCRIPTION SERVICES ARE BEING PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. ZONE LABS DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. THIS WARRANTY DISCLAIMER AFFECTS YOUR LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
8. LIMITATION OF LIABILITY: IN NO EVENT SHALL ZONE LABS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE SOFTWARE OR SUBSCRIPTION SERVICES OR THE USE THEREOF (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR OTHER ECONOMIC LOSS), EVEN IF ZONE LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS EXPRESSLY REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL ZONE LABSÆ LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, EXCEED THE FEE PAID BY YOU FOR THE SOFTWARE OR SUBSCRIPTION SERVICE THAT IS THE SUBJECT OF SUCH CLAIM. IF THE RELEVANT SOFTWARE WAS PROVIDED TO YOU AT NO CHARGE YOU AGREE THAT ZONE LABS SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ADEQUATE PROTECTION AND BACKUP OF THE DATA AND EQUIPMENT USED IN CONNECTION WITH ANY OF THE SOFTWARE OR SUBSCRIPTION SERVICES, AND FURTHER AGREE THAT ZONE LABS WILL NOT BE LIABLE FOR ANY DAMAGES THAT YOU MAY SUFFER IN CONNECTION WITH DOWNLOADING, INSTALLING, OR USING THE SOFTWARE OR SUBSCRIPTION SERVICES. IF YOU ELECT NOT TO PURCHASE A LICENSE TO THE SOFTWARE, YOU FURTHER ACKNOWLEDGE THAT YOU ARE PROVIDED A REASONABLE TIME FRAME TO EVALUATE THE SOFTWARE AND AT THE END OF SUCH EVALUATION PERIOD YOU MAY ONLY ACCESS AND USE THE SOFTWARE IF YOU PURCHASE A LICENSE TO THE SOFTWARE. YOU AGREE THAT ZONE LABS WILL NOT BE LIABLE FOR ANY DAMAGE THAT YOU MAY SUFFER IN CONNECTION WITH THE TERMINATION OF SUCH EVALUATION PERIOD AND YOUR INABILITY TO ACCESS AND USE THE SOFTWARE. THIS LIMITATION SHALL APPLY TO CLAIMS OF PERSONAL INJURY TO THE EXTENT PERMITTED BY LAW. THE LIMITATIONS IN THIS SECTION ARE SEPARATE AND INDEPENDENT OF ANY OTHER REMEDY LIMITATIONS IN THIS AGREEMENT AND SHALL NOT FAIL IF SUCH OTHER LIMITATION ON REMEDY FAILS. THE FEES AND OTHER PROVISIONS IN THIS AGREEMENT REFLECT THE ALLOCATION OF RISKS BETWEEN THE PARTIES. THIS SECTION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
9. TERMINATION: This Agreement shall terminate automatically if you fail to comply with the terms of this Agreement. This Agreement shall terminate if you do not purchase a license to the Software prior to the expiration of the Evaluation Period. No notice shall be required from Zone Labs to effect such termination. You may also terminate this Agreement at any time by notifying Zone Labs in writing of termination. Upon any termination of this Agreement, you must uninstall and destroy all copies of the Software.
10. MISCELLANEOUS:
10.1 SEVERABILITY. In the event of invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement.
10.2 WAIVER. No term or provision hereof will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing signed on behalf of the party against whom the waiver is asserted. No consent by either party to, or waiver of, a breach by either party, whether express or implied, will constitute a consent to, waiver of, or excuse of any other, different or subsequent breach by either party.
10.3 SURVIVAL. All defined terms and Sectionsá2 ("License Restrictions"), 3 ("Third Party Software"), 4 ("License Keys"), 5 ("Title"), 7 ("Disclaimer of Warranty"), 8 ("Limitation of Liability"), 9 ("Termination"), and 10 ("Miscellaneous") shall survive any termination of this Agreement.
10.4 COMPLIANCE WITH EXPORT CONTROL LAWS. You acknowledge that Software is subject to the export control laws and regulations of the United States ("U.S.") and agree to abide by those laws and regulations. Under U.S. law, the Software may not be downloaded or otherwise exported, reexported, or transferred to restricted countries, restricted end-users, or for restricted end-uses. The U.S. currently has embargo restrictions against Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria. The lists of restricted end-users are maintained on the U.S. Commerce DepartmentÆs Denied Persons List, the Commerce DepartmentÆs Entity List, the Commerce DepartmentÆs List of Unverified Persons, and the U.S. Treasury DepartmentÆs List of Specially Designated Nationals and Blocked Persons. In addition, the Software may not be downloaded or otherwise exported, reexported, or transferred to an end-user engaged in activities related to weapons of mass destruction. Such activities include but are not necessarily limited to activities related to: (1)áthe design, development, production or use of nuclear materials, nuclear facilities, or nuclear weapons; (2)áthe design, development, production or use of missiles or support of missile projects; and (3)áthe design, development, production, or use of chemical or biological weapons. By downloading or using the Software, you are agreeing to the foregoing. You are also warranting that you are not (i)álocated in, or a resident or national of, a restricted country; (ii)áon any of the U.S. lists of restricted end-users; or (iii)áengaged in any activity related to weapons of mass destruction. You understand that the requirements and restrictions of U.S. law as applicable to you may vary depending on the software downloaded and may change over time, and that, to determine the precise controls applicable to the software, it is necessary to refer to the U.S. Export Administration Regulations and the U.S. Foreign Assets Control Regulations.
10.5 U.S. GOVERNMENT RIGHTS. The Software under this Agreement is commercial computer software as that term is described in 48 C.F.R. 252.227-7014(a)(1). If acquired by or on behalf of a civilian agency, the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of this Agreement as specified in 48 C.F.R. 12.212 (Computer Software) and 12.211 (Technical Data) of the Federal Acquisition Regulations ("FAR") and its successors. If acquired by or on behalf of any agency within the Department of Defense ("DOD"), the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of this Agreement as specified in 48 C.F.R. 227.7202 3 of the DOD FAR Supplement ("DFAR") and its successors.
10.6 GOVERNING LAW. This Agreement will be governed by the laws of the State of California as they are applied to agreements between California residents entered into and to be performed entirely within California. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.
10.7 ENTIRE AGREEMENT. You agree that this is the entire agreement between you and Zone Labs, and that it supersedes any prior agreement, whether written or oral, and all other communications between Zone Labs and you relating to the subject matter of this Agreement. This Agreement may be amended, modified or supplemented only by a writing that is signed by the authorized representatives of both parties.
10.8 RESERVATION OF RIGHTS. All rights not expressly granted in this Agreement are reserved by Zone Labs.
⌐1998-2003 Zone Labs, Inc., 1060áHoward Street, San Francisco, CA 94103 USA. All rights reserved. All trademarks and/or service marks of Zone Labs used in connection with the Software (including but not limited to TrueVector, ZoneAlarm, Zone Labs and the Zone Labs logo) are trademarks and registered trademarks of Zone Labs, Inc. in the United States and other countries. The Software is protected by U.S. Patent No.á5,987,611.
