SYMANTEC CORPORATION AND/OR ITS AFFILIATES (“SYMANTEC”) IS WILLING TO LICENSE THE LICENSED SOFTWARE TO YOU AS THE INDIVIDUAL, THE COMPANY, OR THE LEGAL ENTITY THAT WILL BE UTILIZING THE LICENSED SOFTWARE (REFERENCED BELOW AS “YOU” OR “YOUR”) ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS LICENSE AGREEMENT (“LICENSE AGREEMENT”). READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE USING THE LICENSED SOFTWARE. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND SYMANTEC. BY CLICKING THE “I AGREE” OR “YES” BUTTON, OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR LOADING OR OTHERWISE USING THE LICENSED SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, CLICK THE “I DO NOT AGREE” OR “NO” BUTTON OR OTHERWISE INDICATE REFUSAL AND MAKE NO USE OF THE LICENSED SOFTWARE.
1. License Rights.
Subject to Your compliance with the terms and conditions of this License Agreement, including without limitation any Supplemental Terms contained in Section 10 of this License Agreement, Symantec grants to You a non-exclusive, non-transferable license to use the Licensed Software on up to five (5) Devices solely in support of Your internal business operations to evaluate the Licensed Software and prototype an application that interacts with or makes application programming calls to the Licensed Software. “Licensed Software” means the Symantec software program You wish to download and use and the associated program documentation, if any. “Device” means a single computer, storage drive or other device (a) on which You can install and use the Licensed Software, (b) from which You access and use the Licensed Software installed on a network, or (c) a physical connection point that links together two separate devices.
2. License Restrictions.
You may not, without Symantec’s prior written consent, conduct, cause or permit the: (i) use, copying, modification, rental, lease, sublease, sublicense, or transfer of the Licensed Software except as expressly provided in this License Agreement; (ii) creation of any derivative works based on the Licensed Software, except as expressly provided in this License Agreement; (iii) reverse engineering, disassembly, or decompiling of the Licensed Software (except that You may decompile the Licensed Software for the purposes of interoperability only to the extent permitted by and subject to strict compliance under applicable law); (iv) use of the Licensed Software in connection with service bureau, facility management, timeshare, service provider or like activity whereby You operate or use the Licensed Software for the benefit of a third party; or (v) use of the Licensed Software by any party other than You, except as expressly provided in this License Agreement.
The Licensed Software is the proprietary property of Symantec or its licensors and is protected by copyright and patent laws. Symantec and its licensors retain any and all rights, title and interest in and to the Licensed Software, including in all copies, improvements, enhancements, modifications and derivative works of the Licensed Software. Your rights to use the Licensed Software shall be limited to those expressly granted in this License Agreement. All rights not expressly granted to You are retained by Symantec and/or its licensors.
4. Third Party Programs.
This Licensed Software may contain third party software programs (“Third Party Programs”) that are available under open source or free software licenses. This License Agreement does not alter any rights or obligations You may have under those open source or free software licenses. Notwithstanding anything to the contrary contained in such licenses, the disclaimer of warranties and the limitation of liability provisions in this License Agreement shall apply to such Third Party Programs.
5. No Support or Maintenance.
Symantec does not offer support or maintenance for the Licensed Software.
6. Term and Termination.
This License Agreement will continue as long as You are in compliance with its terms. In the event You breach this License Agreement, it will automatically terminate. Upon termination, You must immediately stop using and destroy all copies of the Licensed Software within Your possession or control. The Ownership/Title, Warranty and Limitation of Liability and General sections, and the Supplemental Terms – Prototyping Disclaimer and Supplemental Terms – Indemnity subsections of this License Agreement will survive termination of the Agreement.
7. Warranty and Limitation of Liability.
7.1. Warranty Disclaimer.THE LICENSED SOFTWARE IS PROVIDED “AS IS,” EXCLUSIVE OF ANY WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR ANY OTHER WARRANTY, WHETHER EXPRESSED OR IMPLIED.
7.2. Limitation of Liability. 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 BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA, ARISING OUT OF THE USE OR INABILITY TO USE THE LICENSED SOFTWARE OR ANY APPLICATION WHICH WAS THE SUBJECT OF PROTOTYPING ACTIVITY BY YOU IN CONJUNCTION WITH THE LICENSED SOFTWARE, EVEN IF SYMANTEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH 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 ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
8. Export Regulation.
You acknowledge that the Licensed Software and related technical data and services (collectively "Controlled Technology") are subject to the import and export laws of the United States, specifically the U.S. Export Administration Regulations (EAR), and the laws of any country where Controlled Technology is imported or re-exported. You agree to comply with all relevant laws and will not to export any Controlled Technology in contravention to U.S. law nor to any prohibited country, entity, or person for which an export license or other governmental approval is required.
9. Privacy and Data Collection. The following data is collected by the Licensed Software and is stored in Your environment: user name, password, private keys, and public keys. The Stored Information is necessary for the functionality of the Licensed Software and will not be transmitted to Symantec.
10. Supplemental Terms.
10.1. No Redistributable Code. The Licensed Software shall only be used by You for Your internal use, except as expressly provided in this License Agreement, and may not be distributed, alone or as integrated with any other code or product, by You in any manner whatsoever to any third party.
10.2. Open Source Code.Your license rights to the Licensed Software are conditioned upon Your not creating derivative works of the Licensed Software in any manner that would cause the Licensed Software in whole or in part to become Open Source Code. “Open Source Code” means a software program that is licensed under terms that require disclosure to parties other than the licensor of the source materials of the software program or modifications thereof, or any source materials of any other software program with which the Open Source Code software program is intended to operate, or that create obligations to distribute any portions of any software program with which the Open Source Code software program is used. Open Source Code includes, without limitation, any software licensed under the GNU General Public License.
10.3. Prototyping Disclaimer. THE LICENSED SOFTWARE ALLOWS YOU TO PROTOTYPE AN APPLICATION THAT INTERACTS WITH OR MAKES APPLICATION PROGRAMMING CALLS TO THE LICENSED SOFTWARE, SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION 10. SYMANTEC SHALL NOT BE RESPONSIBLE FOR ANY SUCH ACTIVITIES UNDERTAKEN BY YOU, INCLUDING BUT NOT LIMITED TO USE OF THE LICENSED SOFTWARE FOR OTHER THAN ITS INTENDED PURPOSE. UNLESS YOU USE THE APPROPRIATE DEGREE OF SKILL AND CARE IN THE ACTIVITIES PERMITTED UNDER THIS AGREEMENT, YOUR ACTIVITIES MAY CAUSE ERRORS OR PROBLEMS IN THE USE OR OPERATION OF THE LICENSED SOFTWARE OR OTHER APPLICATIONS. YOU MAY USE THE LICENSED SOFTWARE FOR PROTOTYPING ACTIVITIES AT YOUR SOLE RISK. SYMANTEC SHALL HAVE NO LIABILITY FOR ANY USE OF THE LICENSED SOFTWARE FOR OTHER PURPOSES OR FOR ANY FAILURE OF THE LICENSED SOFTWARE OR OTHER APPLICATIONS BASED ON YOUR FAILURE TO PROPERLY PROTOTYPE, PROGRAM, INSTALL, CONFIGURE AND MONITOR YOUR ACTIVITIES RELATED TO YOUR USE OF THE LICENSED SOFTWARE.
10.4. Indemnity.You agree to indemnify and hold harmless Symantec from and against any and all losses, damages, liabilities, costs and expenses (including attorneys’ fees) suffered or incurred by Symantec in connection with claims, suits, or actions brought by third parties resulting from or relating to Your use of the Licensed Software. At Symantec’s request, You will defend, at Your own expense and with counsel reasonably acceptable to Symantec, any third-party claim, suit or action covered by this provision. This Section 10.4 will survive termination of this Agreement.
11. General. You may not assign the rights granted hereunder or this License Agreement, in whole or in part and whether by operation of contract, law or otherwise, without Symantec’s prior express written consent. Symantec may audit Your use of the Licensed Software. If You are located in North America or Latin America, this License Agreement will be governed by the laws of the State of California, United States of America. If You are located in China, this License Agreement will be governed by the laws of the Peoples Republic of China. Otherwise, this License Agreement will be governed by the laws of England. Such governing laws are 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. If any provision of this License Agreement is found partly or wholly illegal or unenforceable, such provision shall be enforced to the maximum extent permissible, and remaining provisions of this License Agreement shall remain in full force and effect. A waiver of any breach or default under this License Agreement shall not constitute a waiver of any other subsequent breach or default. This License Agreement is the complete and exclusive agreement between You and Symantec relating to the Licensed Software and supersedes any previous or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter.