ELIGIBILITY EXPORT RESTRICTIONS
To download this software, you must agree to all of the following terms:
I am not a citizen, national or resident of, and am not under the control of, the government of: Cuba, Iran, Sudan, Iraq, Libya, North Korea, Syria, nor any other country to which the United States has prohibited export. I will not download or otherwise export or re-export the Programs, directly or indirectly, to the above mentioned countries nor to citizens, nationals or residents of those countries. I am not listed on the United States Department of Treasury lists of Specially Designated Nationals, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, nor am I listed on the United States Department of Commerce Table of Denial Orders. I will not download or otherwise export or re-export the Programs, directly or indirectly, to persons on the above mentioned lists. I will not use the Programs for, and will not allow the Programs to be used for, any purposes prohibited by United States law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction.
Terms and Conditions
THIS IS A LEGAL AGREEMENT BETWEEN YOU ("YOU" OR "LICENSEE") AND SYMANTEC CORPORATION AND ITS AFFILIATED ENTITIES ("LICENSOR").
BEFORE YOU CHOOSE THE "I AGREE" BUTTON AT THE BOTTOM OF THIS WINDOW, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CHOOSING THE "I AGREE" BUTTON YOU ARE (1) REPRESENTING THAT YOU ARE OVER THE AGE OF 18 AND HAVE THE CAPACITY AND AUTHORITY TO BIND YOURSELF AND YOUR EMPLOYER, AS APPLICABLE, TO THE TERMS OF THIS AGREEMENT; AND (2) CONSENTING ON BEHALF OF YOURSELF AND/OR AS AN AUTHORIZED REPRESENTATIVE OF YOUR EMPLOYER, AS APPLICABLE, TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, OR DO NOT REPRESENT THE FOREGOING, CHOOSE THE "I DO NOT AGREE" BUTTON, IN WHICH CASE YOU MAY NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE.
COMMENTS OR MATERIALS SENT TO:LICENSOR, INCLUDING FEEDBACK DATA, SUCH AS QUESTIONS, COMMENTS, SUGGESTIONS, OR THE LIKE REGARDING THE SOFTWARE (COLLECTIVELY "FEEDBACK"), SHALL BE DEEMED TO BE NON-CONFIDENTIAL. LICENSOR SHALL BE FREE TO REPRODUCE, USE, DISCLOSE, EXHIBIT, DISPLAY, CREATE DERIVATIVE WORKS AND DISTRIBUTE THE FEEDBACK TO OTHERS WITHOUT LIMITATION, AND LICENSOR SHALL BE FREE TO USE ANY IDEAS, CONCEPTS, "KNOW-HOW" OR TECHNIQUES CONTAINED IN SUCH FEEDBACK FOR ANY PURPOSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO DEVELOPING, MANUFACTURING AND MARKETING PRODUCTS INCORPORATING SUCH FEEDBACK. YOUR USE OF THIS SITE TO DOWNLOAD ANY LICENSOR EVALUATION SOFTWARE IS YOUR AUTHORIZATION TO LICENSOR TO CONTACT YOU REGARDING YOUR USE OF THE SOFTWARE. ANY USE OF THE SOFTWARE OTHER THAN PURSUANT TO THE TERMS OF THIS AGREEMENT IS A VIOLATION OF U.S. AND INTERNATIONAL COPYRIGHT LAWS AND CONVENTIONS.
Should You have any questions regarding this Agreement, or wish to contact LICENSOR, You may write to: SYMANTEC CORPORATION, Attention: Legal Services Department, 350 Ellis Street, Mountain View, CA 94043.
1. LICENSE GRANT
This Agreement grants Licensee a limited, personal, non-transferable, non-exclusive, limited right to use one copy of the software programs available for download at this site (the "Software") in object code form on a single computer at a single location for the sole purpose of evaluating the Software for purchase. "Software" shall also include any related documentation and other material or information provided by LICENSOR.
As a condition to receiving the licenses granted in this Agreement, Licensee agrees not to (and not to permit any third party to): (a) use the Software for general production use; (b) rent, lease, distribute, sublicense, timeshare, assign, transfer, or otherwise permit access to the Software by any third party; (c) reverse engineer, disassemble, or decompile the Software, in whole or in part, except to the extent required by law to obtain interoperability with other independently created software; (d) modify or translate the Software; or (e) create derivative works based on the Software.
2. OWNERSHIP OF SOFTWARE
LICENSOR retains all title, copyright and other proprietary rights in the Software. Licensee does not acquire any rights, express or implied, in the Software, other than those specified in this Agreement. Licensee shall not use or duplicate the Software (including the documentation) for any purpose other than as specified herein or make the Software available to unauthorized third parties. Licensee shall reproduce all titles, trademarks, copyright, and restricted rights notices contained in the original Software and in any copies made, and all such copies shall be subject to the terms and conditions of this Agreement.
3. TERM & TERMINATION
Unless earlier terminated in accordance with this Agreement, this Agreement shall terminate upon expiration of the applicable trial period after Licensee downloads the Software. This Agreement will immediately terminate (i) without notice if Licensee fails to comply with any obligation of this Agreement; or (ii) upon written notice by LICENSOR. Upon expiration or termination of this Agreement for any reason, any right, license or permission granted to Licensee with respect to the Software shall immediately terminate and Licensee shall: (i) immediately cease use of the Software, in whole or in part; and (ii) promptly return the Software and all related material to LICENSOR or fully destroy, delete and/or uninstall any copy of the Software installed or copied by Licensee and certify such destruction to LICENSOR. The provisions regarding confidentiality, ownership, exclusion of warranty, limitation of liability, and the general provisions in Section 9 will survive termination or expiration of this License.
4. EXCLUSION OF WARRANTY
THE SOFTWARE IS PROVIDED TO LICENSEE "AS IS" AND IS EXCLUSIVE OF ANY WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, TITLE, AGAINST INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED.
5. LIMITATION OF LIABILITY
IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, MULTIPLE, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR RELATING TO THE SOFTWARE, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DAMAGE TO PERSONAL PROPERTY (INCLUDING DATA), COST OF COVER OR ANY OTHER SIMILAR DAMAGES OR LOSS, REGARDLESS OF THE FORM OF ACTION, IN CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), EVEN IF LICENSOR OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSOR' LIABILITY FOR ANY AND ALL DAMAGES THAT MIGHT ARISE OUT OF OR RELATE TO THE SOFTWARE OR THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, WILL IN NO EVENT EXCEED FIVE HUNDRED DOLLARS ($500).
U.S. export control laws and other applicable export and import laws govern the Licensee's use of the Software, including technical data. Neither the Software, nor any direct product thereof will be exported directly or indirectly, in violation of these laws, or used for any purpose prohibited by these laws, including without limitation, nuclear, chemical, or biological weapons proliferation or development of missile technology.
7. U.S. GOVERNMENT RIGHTS
The Software is deemed to be "commercial computer software" and "commercial computer software documentation" as defined in FAR Section 12.212 and DFARS Section 227.7202, as applicable. 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.
Licensee may have access to information that is confidential to LICENSOR ("Confidential Information") during the term of this Agreement. Confidential Information shall be limited to the Software and any other information disclosed by LICENSOR to Licensee that is either identified as or should be reasonably understood to be confidential and/or proprietary. With respect to Licensee's obligations under this provision to protect the Confidential Information embodied in the Software, such obligations shall continue indefinitely. Otherwise, during the term of this Agreement and for a period of two (2) years thereafter, Licensee shall hold the Confidential Information in confidence and shall not disclose the Confidential Information to a third party. Licensee shall use the same degree of care, but no less than a reasonable degree of care, to prevent the unauthorized use, dissemination or publication of the Confidential Information as the Licensee uses to protect its own confidential information of a like nature. Licensee shall not use the Confidential Information for any purpose other than as necessary to exercise the license granted under this Agreement. Licensee shall not disclose the results of any benchmark tests run on the Software without LICENSOR' prior written consent.
Licensee shall not assign this Agreement or any of its rights or obligations hereunder without the prior written consent of LICENSOR and any such assignment shall be null and void. A change in control shall be considered an assignment under this Section. If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. This Agreement shall be governed by and construed in accordance with the laws of the State of California, exclusive of any provisions of the United Nations Convention on Contracts for Sale of Goods, including any amendments thereto, and without regard to principles of conflicts of law. Any suits concerning this Agreement shall be brought in the federal courts for the Northern District of California or the state courts in Santa Clara County, California, or if the matter is brought by LICENSOR, in a court of competent jurisdiction in the domicile of Licensee. This Agreement constitutes the entire agreement of the parties concerning its subject matter and supersedes any and all prior or contemporaneous, written or oral negotiations, correspondence, understandings and agreements between the parties respecting the subject matter of this Agreement. No amendment to this Agreement will be binding unless evidenced by a writing signed by both parties. The failure of any party to enforce any of the provisions hereof shall not be construed to be a waiver of the right of such party thereafter to enforce such provisions.