SYMANTEC LICENSE AGREEMENT
IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT (“LICENSE AGREEMENT”) CAREFULLY
BEFORE USING THE SOFTWARE (AS DEFINED BELOW).
SYMANTEC CORPORATION, IF YOU ARE LOCATED IN THE AMERICAS; OR SYMANTEC
ASIA PACIFIC PTE LTD, IF YOU ARE LOCATED IN THE ASIA PACIFIC RIM OR JAPAN; OR
SYMANTEC LIMITED, IF YOU ARE LOCATED IN EUROPE, THE MIDDLE EAST OR AFRICA
(“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 CLICKING THE “I AGREE” OR “YES” BUTTON OR
OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR LOADING THE SOFTWARE OR
OTHERWISE USING THE SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE
AGREEMENT. IF YOU DO NOT AGREE TO THESE
TERMS AND CONDITIONS, CLICK THE “CANCEL” OR “NO” OR “CLOSE WINDOW” BUTTON OR
OTHERWISE INDICATE REFUSAL, AND MAKE NO FURTHER USE OF THE SOFTWARE.
1. License:
The software (including any accompanying features
and services) and documentation (the “Documentation”) that accompanies this License
Agreement, and any Updates (as defined
below) provided at Symantec’s sole discretion (collectively the “Software”) is the
property of Symantec or its licensors, and is protected by copyright law. Although Symantec or its licensors continues
to own the Software, You will have certain rights to use the Software as set
forth herein, after Your acceptance of this License
Agreement. All rights not expressly
granted to You are retained by Symantec and/or its
licensors. Unless accompanied by separate governing terms and conditions, this
License Agreement governs the Software that Symantec may make available to You. Except as
otherwise stated herein or as modified by a
written document that has been signed by both You and Symantec or the
Documentation, Your rights and obligations under this License Agreement with
respect to the use of this Software shall be perpetual and shall be as follows.
You may:
A. use one copy of the
Software on either a single Mobile Device or a single Client Device (each, a
“Device”). “Mobile Device” means a portable device with the
primary purpose of voice communication through a wireless network which (i) has
no more than two displays each less than five inches in length at the
diagonals; (ii) does not include a keyboard designed for use with more than two
fingers at a time; (iii) is not designed or marketed for use with an external
display or a wired external keyboard; and (iv) is not either: (a) considered a
general purpose computing device such as a server product, personal computer,
desktop, laptop, netbook, slate or tablet; or (b) designed to be, marketed as
or otherwise capable of performing the functions of a general purpose computing
device. “Client Device” means a portable
device or a laptop or desktop computer that has the primary purpose of
providing computing or data services to a single user at any given time and is
not a server or other device designed or used to provide computing or data
services to multiple users or software programs running on multiple other
computers.
If a greater number of copies and/or number of Devices
is specified within the Documentation or the
applicable transaction documentation from the authorized distributor or
reseller from which You obtained the Software, You may use the Software in
accordance with such specifications;
B.
make one copy of the Software for back-up or archival
purposes, or copy the Software onto the hard disk of Your Device and retain the
original for back-up or archival purposes, provided Your operating platform
permits and is configured to allow such copying;
C.
use the Software on a network, provided that You have
a licensed copy of the Software for each Device that can access the Software
over that network;
D. permanently transfer all
of Your rights in the Software granted under this License Agreement to another
person or entity, provided that You retain no copies of the Software and the
transferee agrees to all the terms of this License Agreement. For the avoidance
of doubt, if the Software being transferred is part of a multiple product
offering You must transfer all Your rights to all
product offerings included in such Software. Partial transfer of Your rights under this License Agreement shall not be
permitted. For example, if the Documentation
or the applicable transaction documentation from the authorized distributor or
reseller grants You the right to use multiple copies of the Software, only a
transfer of all the rights to use all such copies of the Software would be
valid; and
E. use the Software in
accordance with any additional permitted uses which may be set forth below.
You may not, nor may You permit
any other person to:
A. sublicense, rent or
lease any portion of the Software;
B. 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. provide, offer or make
available the Software as part of a facility management, timesharing, service
provider or service bureau arrangement; or
D. use the Software in any
manner that is not permitted pursuant to this License Agreement.
2. Trial Version.
If
the Software is licensed to You for trial or
evaluation purposes,
as indicated on the applicable transaction documentation or on other materials provided
to You (“Trial Information”), Your rights to use the Software will begin upon
Your acceptance of this Agreement and will last only until the end of the
applicable trial indicated on the Trial Information (“Trial Period”). Symantec shall have the right to terminate any
or all rights granted to You before the end of the
Trial Period without additional notice to You, and Your rights to use the
Software and receive any feature updates will immediately cease. You acknowledge and agree that any
termination of Your rights to use the Software may
result in loss of information stored by the Software, if such information has
not been backed up or otherwise copied.
3. Software Updates:
If Symantec in its sole discretion decides to make Updates
generally available to purchasers of the Software, then You
will have the right to receive such Updates.
“Updates” means new features to and versions of the Software, but not
including those which Symantec in its sole discretion
determines are only available through additional purchase of a new
subscription.
Symantec continually
strives to improve the usability and performance of its products. In order to optimize the Software, and to
provide You with the most current version of the Software, You agree the
Software may download and install Updates as Symantec makes them available to
You, provided Your operating platform permits and is configured to allow such
download and installation. Additionally,
Symantec may modify the terms and conditions that apply to Your
use of the Software to reflect such Updates and by using the Software as
Updated You agree to such updated terms.
4. Product Installation; Required Activation:
A. During the installation process, the Software
may uninstall or disable other security products, or features of such products,
if such products or features are incompatible with the Software or for purposes
of improving the overall functionality of the Software.
B. There may be technological measures in
this Software that are designed to prevent unlicensed or illegal use of the
Software. You agree that Symantec may
use these measures to protect Symantec against software piracy. This Software may contain enforcement
technology that limits the ability to install and uninstall the Software on a Device
to not more than a finite number of times for a finite number of Devices. This License Agreement and the Software
containing enforcement technology may require activation as further set out in
the Documentation. If so, the Software
will only operate for a finite period of time prior to Software activation by You. During activation, You
may be required to provide Your unique activation code accompanying the
Software and Device configuration in the form of an alphanumeric code over the
Internet to verify the authenticity of the Software. If You do not
complete the activation within the finite period of time set forth in the Documentation,
or as prompted by the Software, the Software will cease to function until
activation is complete; at which time the Software functionality will be
restored. In the event that You are not
able to activate the Software over the Internet, or through any other method
specified during the activation process, You may contact Symantec Customer
Support using the information provided by Symantec during activation, or as set
out below.
5. Technical
Support:
Symantec may, at its sole
discretion, provide You certain technical support pertaining to Your use of the
Software, as described at http://www.symantec.com/docs/HOWTO100382 or successor
webpage indicated by Symantec from time to time (“Support Services”). Any Support Services provided to You are subject to this License Agreement and the then-current
Support Services terms, policies or processes posted by Symantec.
If You choose to use such Support Services the following terms shall apply. It is solely Your
responsibility to complete a backup of all Your existing data, software and
programs before receiving any Support Services.
In the course of providing the Support Services, Symantec may determine
that the technical issue is beyond the scope of the Support Services. Symantec reserves the right to refuse,
suspend or terminate any of the Support Services in its sole discretion.
6. Disclaimer of Warranties:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE
SOFTWARE AND ANY SUPPORT SERVICES ARE PROVIDED “AS IS”, EXCLUSIVE OF ANY
WARRANTY, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED
WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
7. Disclaimer of Damages:
SOME STATES
AND COUNTRIES 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 WITHOUT LIMITATION ANY LOST PROFITS OR LOST DATA
ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, OR OUT OF THE SUPPORT
SERVICES, EVEN IF SYMANTEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO CASE
SHALL SYMANTEC’S OR ITS LICENSORS’ TOTAL LIABILITY HEREUNDER EXCEED
THE PURCHASE PRICE WHICH YOU PAID FOR THE SOFTWARE. The disclaimers
and limitations set forth above will apply regardless of whether You accept the Software or Support Services.
8. U.S. Government
Restricted Rights:
For U.S. Government procurements, the Software is
deemed to be commercial computer software as defined in FAR 12.212 and subject
to restricted rights as defined in FAR Section 52.227-19 "Commercial
Computer Software - Restricted Rights" and DFARS 227.7202, “Rights in
Commercial Computer Software or Commercial Computer Software Documentation”, as
applicable, and any successor regulations. 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 License Agreement.
9.
Export Regulation:
You acknowledge that the Software and related
technical data and services (collectively "Controlled
Technology") may be 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
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. All Symantec product
is prohibited for export or re-export to Cuba, North Korea, Iran, Syria
and Sudan and to any country subject to relevant trade sanctions, including
Afghanistan and Iraq. USE OR FACILITATION OF SYMANTEC PRODUCT IN CONNECTION WITH ANY
ACTIVITY INCLUDING, BUT NOT LIMITED TO, THE DESIGN, DEVELOPMENT, FABRICATION,
TRAINING, OR TESTING OF CHEMICAL, BIOLOGICAL, OR NUCLEAR MATERIALS, OR
MISSILES, DRONES, OR SPACE LAUNCH VEHICLES CAPABLE OF DELIVERING WEAPONS OF
MASS DESTRUCTION IS PROHIBITED, IN ACCORDANCE WITH U.S. LAW.
10.
Arbitration:
If You are a U.S. customer, You and Symantec agree
that any dispute, claim or controversy arising out of or relating in any way to
the Software or this
License Agreement, shall be determined by binding arbitration or
small claims court, instead of in courts of general jurisdiction.
Arbitration is more informal than a lawsuit in court. Arbitration uses a
neutral arbitrator instead of a judge or jury, allows for more limited
discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and
relief that a court can award. You agree that, by agreeing to this
License Agreement, the U.S. Federal Arbitration Act governs the interpretation
and enforcement of this arbitration provision, and that You
and Symantec are each waiving the right to a trial by jury or to participate in
a class action. This arbitration provision shall survive termination of
this License Agreement and/or the termination of Your Symantec product license.
If You elect to seek
arbitration, You must first send to Symantec, by certified mail, a written
Notice of Your claim ("Notice of Claim"). The Notice of Claim
to Symantec should be addressed to: General Counsel, Symantec, Inc., 350 Ellis
Street, Mountain View, CA 94043 and should be prominently captioned
“NOTICE OF CLAIM”. The Notice of
Claim should include both the mailing address and email address You would like Symantec to use to contact You. If Symantec elects to seek arbitration, it
will send, by certified mail, a written Notice of Claim to Your billing address
on file. A Notice of Claim, whether sent
by You or by Symantec, must (a) describe the nature
and basis of the claim or dispute; and (b) set forth the specific amount of
damages or other relief sought ("Demand").
If You and Symantec do not
reach an agreement to resolve the claim within thirty (30) days after the
Notice of Claim is received, You or Symantec may commence an arbitration
proceeding or file a claim in small claims court. You may download or
copy a form of notice and a form to initiate arbitration at www.adr.org. If You are required to pay a filing
fee, Symantec will promptly reimburse You for Your payment of the filing fee
after arbitration is commenced. The arbitration will be governed by the
Commercial Arbitration Rules and the Supplementary Procedures for Consumer
Related Disputes (collectively, "AAA Rules") of the American
Arbitration Association ("AAA"), as modified by this License Agreement,
and will be administered by the AAA. The AAA Rules and Forms are
available online at www.adr.org or by calling the AAA at
1-800-778-7879. The arbitrator is bound by the terms of this License
Agreement. All issues are for the arbitrator to decide, including issues
relating to the scope and enforceability of this arbitration provision.
Unless Symantec and You agree otherwise, any arbitration hearings will take
place in the county (or parish) of either the mailing address You provided in
Your Notice or, if no address was provided in Your Notice, Your billing address
on file. If Your claim is for U.S. $10,000 or less, Symantec agrees that
You may choose whether the arbitration will be conducted solely on the basis of
documents submitted to the arbitrator, through a telephonic hearing, or by an
in-person hearing as established by the AAA Rules. If Your
claim exceeds U.S. $10,000, the right to a hearing will be determined by the
AAA Rules. Regardless of the manner in which the arbitration is
conducted, the arbitrator shall issue a reasoned written decision sufficient to
explain the essential findings and conclusions on which the award is
based. If the arbitrator issues You an award that is greater than the
value of Symantec’s last written settlement offer made before an arbitrator was
selected (or if Symantec did not make a settlement offer before an arbitrator
was selected), then Symantec will pay You, in addition to the award, either
U.S. $500 or 10% of the amount awarded, whichever is greater. Except as
expressly set forth herein, the payment of all filing,
administration and arbitrator fees will be governed by the AAA Rules.
YOU AND SYMANTEC AGREE THAT EACH MAY BRING CLAIMS
AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING. Further, unless both You and
Symantec agree otherwise, the arbitrator may not consolidate more than one
person's claims with Your claims, and may not otherwise preside over any form
of a representative or class proceeding. If this specific provision is
found to be unenforceable, then the entirety of this arbitration provision
shall be null and void. The arbitrator may award declaratory or injunctive
relief only in favor of the individual party seeking relief and only to the
extent necessary to provide relief warranted by that party's individual claim.
11. General:
This
License Agreement will be governed by the laws of the State of California, United
States of America. This License Agreement 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. Notwithstanding
the foregoing, nothing in this License Agreement will diminish any rights You may have under existing consumer protection legislation
or other applicable laws in Your jurisdiction that may not be waived by
contract. Symantec may terminate this License
Agreement if You breach any term contained in this
License Agreement (other than a trivial or inconsequential breach) and, if such
termination occurs, You must cease use of and destroy all copies of the
Software and Documentation. The
disclaimers of warranties and damages and limitations on liability shall
survive and continue to apply after termination. This License Agreement may only be modified
by the Documentation or by a written document that has been signed by both You and Symantec.
Should You have any questions concerning this License Agreement, or if
You desire to contact Symantec for any reason, please write to: (i) Symantec
Customer Care, 555 International Way, Springfield, Oregon 97477, U.S.A., (ii)
Symantec Customer Care Center, PO BOX 5689, Dublin 15, Ireland, or (iii)
Symantec Customer Care, 1 Julius Ave, North Ryde, NSW 2113, Australia, or visit
the Support page at www.symantec.com.
ADDITIONAL TERMS AND CONDITIONS. Your use of the Software
is subject to the terms and conditions below in addition to those stated above.
12. Privacy; Data Protection:
From time to time, the
Software may collect certain information from the Device on which it is
installed, which may include:
-
Information on potential security risks as well as URLs and the Internet
Protocol (IP) addresses of websites visited that the Software deems potentially
fraudulent. The URLs could contain personally identifiable information
that a potentially fraudulent website is attempting to obtain without Your permission. This information is collected by Symantec
for the purpose of delivering the functionalities of the software, and also for
evaluating and improving the ability of Symantec’s products to detect malicious
behavior, potentially fraudulent websites and other Internet security
risks. URLs of websites visited as well as search keywords and search
results only if the Norton Safe Web feature is enabled. This information is
collected by Symantec for the purpose of providing protection and of
evaluating and advising You regarding potential threats and risks that may be
associated with a particular Web site before You view it.
-
Executable files and files that contain executable content that are identified as potential
malware, including information on the actions taken by such files at the time
of installation. These files are
submitted to Symantec using the Software’s automatic submission function. The collected files could contain personally
identifiable information that has been obtained by the malware without Your permission. Files of this type are being collected by Symantec only for
the purpose of improving the ability of Symantec’s products to detect malicious
behavior. Such automatic submission
function may be deactivated after installation by following the instructions in
the Documentation for applicable products.
-
The name given to the Device during the initial setup of such
Device. If collected, the name will be used by Symantec as an account
name for the Device under which You may elect to
receive additional services and/or under which You may use certain features of
the Software. You may change such
account name at any time after installation of the Software (recommended).
- Status information
regarding installation and operation of the Software. This information
indicates to Symantec whether installation of the Software was successfully
completed as well as whether the Software has encountered an error. The status
information could contain personally identifiable information only if such
information is included in the name of the file or folder encountered by the
Software at the time of installation or error. The status
information is collected by Symantec for the purpose of evaluating and
improving Symantec’s product performance and installation success rate. Symantec may also use this information to
optimize its web-pages.
- Information contained in
email messages that You send through the Software to
Symantec to report as spam or as incorrectly identified as spam. These email messages may contain personally
identifiable information and will be sent to Symantec only with Your permission, and will not be sent automatically. If You send such
messages to Symantec, Symantec will use them only for the purpose of improving
the detection ability of Symantec’s antispam technology. Symantec will not correlate these files with
any other personally identifiable information.
- Information contained in a
report that You may choose to send through the
Software to Symantec when the Software encounters a problem. The report includes information regarding the
status of both the Software and Your Device at the time that the Software
encountered the problem. The status
information about Your Device may include the system language, country locale,
and the operating system version for Your Device, as well as the processes running, their status and performance information, and data
from files or folders that were open at the time the Software encountered the
problem. The information could contain
personally identifiable information if such information is included in, or is a
part of the name of the files or folders open at the time the Software
encountered the problem. This information will be sent to Symantec only with Your permission, and will not be sent automatically. The information is
collected by Symantec for the purpose of correcting the encountered
problem and improving Symantec’s product performance. This information will not
be correlated with any personally identifiable information.
-
The Internet Protocol (IP) address and/or Media Access Control (MAC)
address and the Machine ID of the Device on which the Software is installed to
enable the Software to function and for license administration purposes.
Other general, statistical
information used for product analysis, and for improving product
functionality.
Unless it is expressly defined as optional, the
collected information as set out above is necessary for the purpose of the
functionality of Symantec’s products.
Information may be transferred to the Symantec
group in the United States or other countries that may have less protective
data protection laws than the region in which You are
situated (including the European Union) and may be accessible by Symantec
employees or contractors exclusively to be used in accordance with the purposes
described above. For the same purposes the information may be shared with
partners and vendors that process information on behalf of Symantec. Symantec
has taken steps so that the collected information, if transferred, receives an
adequate level of protection.
Subject to applicable laws,
Symantec reserves the right to cooperate with any legal process and any law
enforcement or other government inquiry related to Your
use of this Software. This means that Symantec may provide documents and
information relevant to a court subpoena or to a law
enforcement or other government investigation. In order to promote
awareness, detection and prevention of Internet security risks, Symantec may
share certain information with research organizations and other security
software vendors. Symantec may also use statistics derived from the information
to track and publish reports on security risk trends. By using the Software,
You acknowledge and agree that Symantec may collect, transmit, store, disclose
and analyze such information for these purposes.
13. Apple Requirements:
If the Software is
downloaded from the Apple iTunes App Store (“App Store”), You acknowledge and
agree to the following additional terms applicable to such Software: (a) this License Agreement is between You and
Symantec only, and not with Apple, and Apple has no liability for the Software
and its content; (b) Your use of the Software is limited to use on an
Apple-branded product running the iOS operating system that You own or control
and as permitted by the Usage Rules set forth in the App Store Terms of
Service; (c) Apple has no obligation to furnish any maintenance and support
services with respect to the Software; (d) in the event of any failure of the
Software to conform to any applicable warranty that has not been disclaimed, (i)
You may notify Apple, and Apple will refund the purchased price You paid
through the App Store for the Software and (ii) to the maximum extent permitted
by applicable law, Apple will have no other warranty obligation with respect to
the Software; (e) Apple is not responsible for any claims, losses, liabilities,
damages, costs or expenses relating to the Software or Your possession and/or
use of the Software, including, but not limited to (i) product liability or
warranty claims; (ii) any claim that the Software fails to conform to any
applicable legal requirement and (iii) consumer protection or similar claims;
(f) Apple is not responsible for investigating, defending, settling or
discharging any third party claims that the Software or Your possession and use
of the Software infringes such third party’s intellectual property right; (g)
You represent and warrant that (i) You are not located in a country that is
subject to a U.S. Government embargo, or that has been designated by the U.S.
Government as a “terrorist supporting” country and (ii) You are not listed on
any U.S. Government list of prohibited or restricted parties; (h) You are responsible for complying with any
applicable third party terms of agreement when using the Software; and (i)
Apple and its subsidiaries are third party beneficiaries of this License
Agreement; as a third party beneficiary, Apple will have the right to enforce
this License Agreement against You.
CPS / Symantec_TouchDown_7July2014
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