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SYMANTEC SOFTWARE LICENSE AGREEMENT
IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT
CAREFULLY BEFORE USING THE SOFTWARE. SYMANTEC CORPORATION AND/OR ITS SUBSIDIARIES
("SYMANTEC") IS WILLING TO LICENSE THE SOFTWARE TO YOU AS THE
INDIVIDUAL, THE COMPANY, OR THE LEGAL ENTITY THAT WILL BE UTILIZING THE
SOFTWARE (REFERENCED BELOW AS "YOU OR YOUR") ONLY ON THE CONDITION
THAT YOU ACCEPT ALL OF THE TERMS OF THIS LICENSE AGREEMENT. THIS IS A
LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND SYMANTEC. BY OPENING THIS
PACKAGE, BREAKING THE SEAL, CLICKING ON THE "AGREE" OR "YES"
BUTTON OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR LOADING THE SOFTWARE,
YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT
AGREE TO THESE TERMS AND CONDITIONS, CLICK ON THE "I DO NOT AGREE",
"NO" BUTTON, OR OTHERWISE INDICATE REFUSAL, MAKE NO FURTHER
USE OF THE SOFTWARE, AND RETURN THE FULL PRODUCT WITH PROOF OF PURCHASE
TO THE DEALER FROM WHOM IT WAS ACQUIRED WITHIN SIXTY (60) DAYS OF PURCHASE,
AND YOUR MONEY WILL BE REFUNDED.
1. License.
The software which accompanies this license (collectively the "Software")
is the property of Symantec or its licensors and is protected by copyright
law. While Symantec continues to own the Software, you will have certain
rights to use the Software after your acceptance of this license. This
license governs any releases, revisions, or enhancements to the Software
that Symantec may furnish to you. Except as may be modified by a Symantec
license certificate, license coupon, or license key (each a "License
Module") which accompanies, precedes, or follows this license, your
rights and obligations with respect to the use of this Software are as
follows:
You may:
A. use one copy of the Software on a single computer. If a License Module
accompanies, precedes, or follows this license, you may make that number
of copies of the Software licensed to you by Symantec as provided in your
License Module. Your License Module shall constitute proof of your right
to make such copies.
B. make one copy of the Software for archival purposes, or copy the Software
onto the hard disk of your computer and retain the original for archival
purposes;
C. use the Software on a network, provided that you have a licensed copy
of the Software for each computer that can access the Software over that
network; and
D. after written notice to Symantec, transfer the Software on a permanent
basis to another person or entity, provided that you retain no copies
of the Software and the transferee agrees to the terms of this license.
You may not:
A. copy the printed documentation which accompanies the Software;
B. sublicense, rent or lease any portion of the Software; reverse engineer,
decompile, disassemble, modify, translate, make any attempt to discover
the source code of the Software, or create derivative works from the Software;
C. use a previous version or copy of the Software after you have received
a disk replacement set or an upgraded version. Upon upgrading the Software,
all copies of the prior version must be destroyed;
D. use a later version of the Software than is provided herewith unless
you have purchased upgrade insurance or have otherwise separately acquired
the right to use such later version;
E. use, if you received the software distributed on media containing multiple
Symantec products, any Symantec software on the media for which you have
not received a permission in a License Module; or
F. use the Software in any manner not authorized by this license.
2. Content Updates:
Certain Symantec software products utilize content that is updated from
time to time (antivirus products utilize updated virus definitions; content
filtering products utilize updated URL lists; firewall products utilize
updated firewall rules; vulnerability assessment products utilize updated
vulnerability data, etc.; collectively, these are referred to as "Content
Updates"). You may obtain Content Updates for any period for which
you have purchased a subscription for Content Updates for the Software
(including any subscription included with your original purchase of the
Software), purchased upgrade insurance for the Software, entered into
a maintenance agreement that includes Content Updates, or otherwise separately
acquired the right to obtain Content Updates. This license does not otherwise
permit you to obtain and use Content Updates.
3. Sixty Day Money Back Guarantee:
If you are the original licensee of this copy of the Software and are
dissatisfied with it for any reason, you may return the complete product,
together with your receipt, to Symantec or an authorized dealer, postage
prepaid, for a full refund at any time during the sixty (60) day period
following the delivery to you of the Software.
4. Limited Warranty:
Symantec warrants that the media on which the Software is distributed
will be free from defects for a period of sixty (60) days from the date
of delivery of the Software to you. Your sole remedy in the event of a
breach of this warranty will be that Symantec will, at its option, replace
any defective media returned to Symantec within the warranty period or
refund the money you paid for the Software. Symantec does not warrant
that the Software will meet your requirements or that operation of the
Software will be uninterrupted or that the Software will be error-free.
THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES,
WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY
RIGHTS. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER
RIGHTS, WHICH VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
5. Disclaimer of Damages:
SOME STATES AND COUNTRIES, INCLUDING MEMBER COUNTRIES OF THE EUROPEAN
ECONOMIC AREA, DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE BELOW LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER
ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT
WILL SYMANTEC OR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL,
INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING
OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF SYMANTEC HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO CASE SHALL SYMANTEC'S OR ITS LICENSORS' LIABILITY EXCEED THE PURCHASE
PRICE FOR THE SOFTWARE. The disclaimers and limitations set forth above
will apply regardless of whether you accept the Software.
6. U.S. Government Restricted Rights:
RESTRICTED RIGHTS LEGEND. All Symantec products and documentation are
commercial in nature. The software and software documentation are "Commercial
Items", as that term is defined in 48 C.F.R. section 2.101, consisting
of "Commercial Computer Software" and "Commercial Computer
Software Documentation", as such terms are defined in 48 C.F.R. section
252.227-7014(a)(5) and 48 C.F.R. section 252.227-7014(a)(1), and used
in 48 C.F.R. section 12.212 and 48 C.F.R. section 227.7202, as applicable.
Consistent with 48 C.F.R. section 12.212, 48 C.F.R. section 252.227-7015,
48 C.F.R. section 227.7202 through 227.7202-4, 48 C.F.R. section 52.227-14,
and other relevant sections of the Code of Federal Regulations, as applicable,
Symantec's computer software and computer software documentation are licensed
to United States Government end users with only those rights as granted
to all other end users, according to the terms and conditions contained
in this license agreement. Manufacturer is Symantec Corporation, 20330
Stevens Creek Blvd., Cupertino, CA 95014.
7. General:
If You are located in North America or Latin America, this Agreement will
be governed by the laws of the State of California, United States of America.
Otherwise, this Agreement will be governed by the laws of England. This
Agreement and any related License Module is the entire agreement between
You and Symantec relating to the Software and: (i) supersedes all prior
or contemporaneous oral or written communications, proposals and representations
with respect to its subject matter; and (ii) prevails over any conflicting
or additional terms of any quote, order, acknowledgment or similar communications
between the parties. This Agreement may only be modified by a License
Module or by a written document which has been signed by both You and
Symantec. This Agreement shall terminate upon Your breach of any term
contained herein and You shall cease use of and destroy all copies of
the Software. The disclaimers of warranties and damages and limitations
on liability shall survive termination. Should you have any questions
concerning this Agreement, or if you desire to contact Symantec for any
reason, please write: (i) Symantec Customer Service, 175 W. Broadway,
Eugene, OR 97401, USA, or (ii) Symantec Customer Service Center, PO BOX
5689, Dublin 15, Ireland.
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