1. SOFTWARE PROGRAMS & PURPOSE
You may download the software files made available with this license (“Software”) for the sole and limited purpose of assessing the security features of the Software and verifying that there are no unknown vulnerabilities or bugs in the Software (“Purpose”).
2. LICENSE GRANT
This Agreement grants You a personal, non-transferable, non-exclusive, limited right to use one copy of the software programs identified above (the “Software”) in object code form on a single computer at a single location for the sole Purpose identified above. “Software” shall also include any updates to the programs provided by Symantec, related documentation and other material or information provided by Symantec.
As a condition to receiving the license granted in this Agreement, You agree not to (and not to permit any third party to): (a) use the Software for any purpose or reason other than the Purpose set forth in Section 1 above; (b) use the Software for general production use; (c) rent, lease, distribute, sublicense, timeshare, assign, transfer, or otherwise permit access to the Software by any third party; (d) remove or alter any notices in the Software related to patents, copyrights, trademarks or other proprietary rights; (e) modify or translate the Software; or (f) create derivative works based on the Software.
3. OWNERSHIP OF SOFTWARE
Symantec retains all title, copyright and other proprietary rights in the Software. You do not acquire any rights, express or implied, in the Software, other than those specified in this Agreement. You 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. You shall reproduce all titles, trademarks, copyright, and restricted rights notices contained in the original Software and in any permitted copies made, and all such copies shall be subject to the terms and conditions of this Agreement.
4. TERM & TERMINATION
The term of this Agreement shall be ninety (90) days from the date of download of the Software. This Agreement will immediately terminate (i) without notice if You fail to comply with any obligation of this Agreement; or (ii) upon written notice by Symantec. Upon expiration or termination of this Agreement for any reason, any right, license or permission granted to You with respect to the Software shall immediately terminate and You shall: (i) immediately cease use of the Software, in whole or in part; and (ii) promptly return the Software and all related material to Symantec or fully destroy, delete and/or uninstall any copy of the Software installed or copied by You and certify such destruction to Symantec. The provisions regarding confidentiality, ownership, audit, exclusion of warranty, limitation of liability, indemnity. license restrictions and the general provisions in Section 15 will survive termination or expiration of this License.
Symantec is under no obligation to provide technical support for the Software; however, Symantec may at its sole discretion elect to provide certain support for the Software. Any updates or support deliverables provided by Symantec are included in the definition of “Software” for purposes of this Agreement. Symantec is under no obligation to develop, maintain or market the Software. Future versions of the Software, if any, may not be compatible with the current evaluation version of the Software.
6. REPORTING BUGS
Symantec is making this Software available to you for the Purpose specified above, including testing and identifying any vulnerabilities and bugs in the Software. Accordingly, if You discover any "bug" or problem in the Software, or anything You think is a "bug" or problem in the Software or a deficiency or weakness in the security features of the Symantec software, You should report the bug, problem, deficiency, or weakness (including any suggested code fixes You have prepared or any other information You have that could help Symantec reproduce, verify, and correct it) to Symantec at email@example.com. Symantec will endeavor to send an email acknowledgement (signed by Symantec) within a reasonable period of time for those reports that describe a serious security bug, problem, deficiency, or weakness in the Symantec software, in Symantec’s discretion. If You do not receive such an email acknowledgement to a report You submitted (and You think You should have), please re-submit the report to Symantec as soon as possible. You agree that You will not post any information about any bug, problem, deficiency, or weakness in the Symantec software on any web site or electronic bulletin board, or otherwise disclose or provide any such information to anyone else, unless You have first reported it to Symantec and until at least 30 days after Symantec sends its email acknowledgement to You. Symantec takes reported bugs and security weaknesses in its software very seriously and strives to offer its customers the most secure and reliable software products available (given the functionality, features, and price of the software). However, Symantec cannot promise that it will respond to, analyze, attempt to correct, or correct each and every bug or security weakness that is reported to Symantec, and hence Symantec will have no obligation to You under these license terms to respond to, analyze, attempt to correct, or correct any bug, problem, deficiency, or weakness You report to Symantec. If Symantec does correct a bug, problem, deficiency, or weakness in a Symantec software program You report to Symantec under these license terms, the correction will be made available to Symantec's customers in a subsequent patch, update, or general release of the affected Symantec software.
Any test results, comments or suggestions provided by You regarding the Software (the "Feedback") shall be deemed non-confidential to You. By providing such Feedback, You grant to Symantec, under Your intellectual property rights, a worldwide, perpetual, royalty-free, irrevocable and non-exclusive license, with the right to sublicense to Symantec’s licensees and customers, to use and disclose the Feedback in any manner Symantec chooses and to display, perform, copy, make, have made, use, sell, and otherwise dispose of Symantec’s and its sublicensee’s products embodying such Feedback in any manner and via any media Symantec or its sublicensees choose, without reference or obligation to You. You will not give Symantec any Feedback (i) that You have reason to believe is subject to any patent, copyright, or other intellectual property claim or right of any third party; or (ii) subject to license terms that seek to require any Symantec product incorporating or derived from any Feedback, or other Symantec intellectual property, to be licensed to or otherwise shared with any third party. Unless otherwise set forth in the applicable exhibit or authorized by You in writing, Symantec shall not use or reference Your name in its public use of such Feedback.
8. EXCLUSION OF WARRANTY
THE SOFTWARE IS PROVIDED TO YOU "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
9. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL THEORY SHALL SYMANTEC OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO THIS BETA AGREEMENT, EVEN IF SYMANTEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SYMANTEC’S LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100).
You agree to defend, indemnify and hold harmless Symantec from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of Your use of the Software or breach of any provision of this Agreement. Symantec reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You. You will provide reasonable cooperation in the defense of any claim.
11. EXPORT COMPLIANCE
The Software may be controlled under the United States Export Administration Regulations (“EAR”) and may be subject to the approval of the United States Department of Commerce prior to export or re-export. Any export or re-export, directly or indirectly, in contravention of the EAR, or any other applicable national law, regulation, or order, is prohibited, including but not limited to the laws of members of the European Union and Singapore. The Software is prohibited for export or re-export to Cuba, Iran, North Korea, Sudan, and Syria and to any country or its nationals subject to embargo or sanction, or to any entity or person for which an export license is required per US and other national restricted party lists. Use or facilitation of the Software in connection with chemical, biological, or nuclear weapons, or missiles, drones or space launch vehicles capable of delivering such weapons is prohibited, in accordance with U.S. law.
You agree that you will not use the Software in violation of this Section or applicable law.
12. GOVERNMENT RESTRICTED RIGHTS
The Software and accompanying documentation are deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFARS Section 227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the Software and accompanying documentation by the U.S. Government shall be governed solely by the terms of this Beta Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Beta Agreement. You must affix the following legend to each copy of the Software: “Use, duplication, reproduction, or transfer of this commercial software and accompanying documentation is restricted in accordance with FAR 12.212 and DFARS 227.7202 and the terms of this Beta Agreement. Contact Legal Department, Symantec Corporation, 350 Ellis Street, Mountain View, California 94043, U.S.A."
The Software, documentation, Software-related information and any other proprietary technology or know how provided to You by Symantec under this Agreement is the confidential information of Symantec (“Confidential Information”). You shall hold all Confidential Information in confidence use the Confidential Information only as expressly authorized in this Agreement. You shall protect the Confidential Information by using the same degree of care as You would use to protect its own Confidential Information of like nature, but no less than a reasonable degree of care, from the unauthorized use, dissemination or publication of the Confidential Information. You are not obligated with respect to Confidential Information that You can prove: (a) is or becomes a matter of public knowledge through no fault of You; (b) is rightfully received by You from a third party without a duty of confidentiality; (c) is independently developed by You (excluding the Feedback) without use or reference to the Confidential Information; (d) is disclosed under operation of law or (e) is disclosed by You with Symantec’s prior written consent. Unauthorized use or disclosure of Confidential Information may cause Symantec irreparable harm; therefore, Symantec will have the right to enforce this agreement and any of its provisions by injunctive or other equitable relief. You agree that Symantec may comply with any (1) subpoena or (ii) similar order of a court or other governmental entity (or agency thereof) related to the Data that is the subject of the Software pursuant to this Agreement; provided that Symantec notifies You promptly upon the receipt thereof, unless such You notice is prohibited by law. You agrees to pay Symantec’s reasonable expenses and charges for such compliance.
You shall keep accurate business records relating to its use of the Software for a period of three (3) years following termination of this Agreement. Upon request from Symantec, You shall provide Symantec with a report specifying (1) the total number of users or computers by country and (2) the locations of each computer. Symantec may, at its expense, audit Your compliance with this Agreement, including without limitation the number of copies of the Software in use by You, the computers on which the Software are installed, the purpose for which the Software are being used and the number of users, if applicable, using the Software. Any such audit shall be conducted during regular business hours at Your offices and shall not interfere unreasonably with Your business activities. If the audit reveals You owes fees to Symantec, You shall pay any fees due as a result of such audit within thirty (30) days of receiving an invoice from Symantec and shall pay Symantec’ costs of such audit. Symantec’ right to receive such payment shall be in addition to all other legal and equitable remedies available to Symantec related to Your non-compliance with this Agreement.
You shall not assign this Agreement or any of its rights or obligations hereunder without the prior written consent of Symantec 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 will be governed by and construed under the laws of the State of California, without giving effect to such state’s conflict of law principles. Any legal action or proceeding relating to this Agreement shall be instituted in a state or federal court in Santa Clara County, California. Symantec and You agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. 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 the party against whom it is sought to be enforced. 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. This Agreement does not constitute an offer by Symantec and it shall not be effective until signed by both parties. In addition, the terms of this Agreement shall control any conflicting, inconsistent, and/or additional standard terms or conditions on any purchase order, invoice or other document submitted by You, notwithstanding any provision to the contrary in any such document.
If, after Your review of the Software, You wish to use it for personal or professional purposes, You must purchase a commercial use license from Symantec.
If You have any questions about what is or is not permitted under these license terms or if You would like to obtain the right to use Software in ways that are not allowed under these license terms, You should contact Symantec at source@Symantec.com.
BY DOWNLOADING THIS SOFTWARE YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND YOU AND YOUR ORGANIZATION.