“Licensed Software” means the Symantec administrator software development kit (“ASDK”), accompanying this License Agreement, including any Documentation included in, or provided for use with such ASDK. The ASDK is a collection of compiled software components (including without limitation, assemblies, libraries, object files, executables, interfaces, utilities, tools and wizards); software source code files in any language and for any platform or format; configuration files; image and icon files; metadata files used by integrated development environment (“IDE”) software such as the Microsoft Visual Studio family of products (“VS”) or any other IDE for any operating system (“OS”); files used to integrate development of Altiris solutions and other products into VS or any other IDE; setup files and related files; template files; script files; resource files; other binary and text files used for purposes of developing or enhancing Symantec solutions or other software products; and any other type of computer file or data provided by or through Symantec under this Agreement. The ASDK applies to any OS, platform, and hardware type or configuration which is supported by the ASDK. Without limiting the foregoing, any files of any type installed by the standard Symantec ASDK installation programs in or below a root directory, including any subdirectories and their contents below that root directory, are included in the ASDK. The ASDK also includes any data stored in media as a result of the installation or use of the ASDK, including but not limited to Windows registry entries, configuration files and database entries. The ASDK also includes any manuals, specifications or other documentation that may be printed on paper, whether or not provided by Symantec in paper form or through magnetic or electronic media.
2. LICENSE GRANT. Subject to Your compliance with the terms and conditions of this License Agreement, Symantec grants to You the following rights: (i) a non-exclusive, non-transferable (except as stated otherwise in Section 12.1) license to distribute, reproduce, perform and display an unlimited number of copies of the Licensed Software solely in support of Your internal business operations to create integrate Your products with the Altiris or Symantec software platform(s), subject to the right to make a single uninstalled copy of the Licensed Software for archival purposes which You may use and install for disaster-recovery purposes (i.e. where the primary installation of the Licensed Software becomes unavailable for use). In the event that you have signed a separate standalone agreement for the Licensed Software, such standalone agreement shall expressly supersede the terms and conditions of this License Agreement. The foregoing is subject to the following: You agree that you shall: (i) not use the Altiris or Symantec’s name, logo, or trademarks in connection with Your products; (ii) you shall display Your own valid copyright notice on Your products; (iii) you shall not remove or obscure any copyright, trademark, or patent notices that appear on the Licensed Software as delivered to You; (iv) you shall indemnify, hold harmless, and defend Symantec from and against any claims or lawsuits, including attorney’s fees, that arise or result from the use or distribution of your products; APIs or other works developed using the Licensed Software; and (v) acknowledge and agree that Symantec reserves all rights not expressly granted herein.
2.1 TERM. The term of the Licensed Software license granted under this License Agreement shall be perpetual (subject to Section 10).
3. 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; (v) use of the Licensed Software by any party other than You, except as expressly provided in this License Agreement; nor (vi) use of a later version of the Licensed Software other than the version that accompanies this License Agreement unless You have separately acquired the right to use such later version through a separate standalone agreement.
4. OWNERSHIP/TITLE. 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.
5. NO WARRANTY.
5.1 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. FURTHERMORE, SYMANTEC SHALL NOT BE LIABLE UNDER ANY THEORY FOR ANY DAMAGES SUFFERED BY YOU OR ANY USER OF THE LICENSED SOFTWARE OR ANY INTEGRATION, APIS OR THE LIKE PROVIDED BY YOU WHICH WERE DEVELOIPED USING THE LICENSED SOFTWARE.
5.2 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 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, EVEN IF SYMANTEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5.3 Development Disclaimer; Indemnification. SYMANTEC SHALL NOT BE RESPONSIBLE FOR YOUR INTEGRATION, API DEVELOPMENT OR ANY OTHER AUTHORIZED USE OR PROGRAMMING OR DEVELOPMENT ACTIVITIES USING THE LICENSED SOFTWARE. UNLESS YOU USE THE APPROPRIATE DEGREE OF SKILL AND CARE IN YOUR USE, DEVELOPMENT AND PROGRAMMING ACTIVITIES, YOU MAY EXPERIENCE OR CAUSE ERRORS OR PROBLEMS IN THE USE OR OPERATION OF THE SYMANTEC PLATFORM OR OTHER SOFTWARE PROGRAMS. YOU MAY USE THE LICENSED SOFTWARE AT YOUR SOLE RISK AND SYMANTEC SHALL HAVE NO LIABILITY FOR ANY FAILURE OF THE LICENSED SOFTWARE AND/OR ISSUES ASSOCIATED WITH THE SYMANTEC PLATFORM AND/OR ANY SYMANTEC SOFTWARE BASED ON YOUR FAILURE TO PROPERLY DEVELOP, PROGRAM, INSTALL, CONFIGURE AND MONITOR YOUR INTEGRATION, APIS OR THE LIKE. YOU SHALL INDEMNIFY, DEFEND AND HOLD SYMANTEC HARMLESS FROM AND AGAINST ANY AND ALL LIABIILITIES, DAMAGES, COSTS AND EXPENSES INCURRED BY SYAMNTEC AS A RESULT OF YOUR BREACH OF THIS AGREEMENT.
6. 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 OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, OR ANY UPDATES OR UPGRADES THERETO.
7. NO MAINTENANCE/SUPPORT. Symantec does not and has no obligation under this License Agreement to provide maintenance/support for the Licensed Software.
8. U.S. GOVERNMENT RESTRICTED RIGHTS. The Licensed 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 Licensed Software - Restricted Rights" and DFARS 227.7202, “Rights in Commercial Computer Licensed Software or Commercial Computer Licensed Software Documentation”, as applicable, and any successor regulations. Any use, modification, reproduction release, performance, display or disclosure of the Licensed 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 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. All Symantec products, including the Controlled Technology are prohibited for export or re-export to Cuba, North Korea, Iran, Iraq, Syria and Sudan and to any country subject to relevant trade sanctions. You hereby agree that you will not export or sell any Controlled Technology for use in connection with chemical, biological, or nuclear weapons, or missiles, drones or space launch vehicles capable of delivering such weapons.
10. TERMINATION. This License Agreement shall automatically terminate upon your breach of any term contained herein. Upon termination, You shall immediately stop using and destroy all copies of the Licensed Software.
11. SURVIVAL. The following provisions of this License Agreement survive termination of this License Agreement: Definitions, License Restrictions and any other restrictions on use of intellectual property, Ownership/Title, No Warranty, Limitation of Liability, U.S. Government Restricted Rights, Export Regulation, Survival, and General.
12. GENERAL.
12.1. ASSIGNMENT. 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.
12.2. COMPLIANCE WITH APPLICABLE LAW. You are solely responsible for Your compliance with, and You agree to comply with, all applicable laws, rules, and regulations in connection with Your use of the Licensed Software.
12.3. AUDIT. An auditor, selected by Symantec and reasonably acceptable to You, may, upon reasonable notice and during normal business hours, but not more often than once each year, inspect Your records and deployment in order to confirm that Your use of the Licensed Software complies with this License Agreement. Symantec shall bear the costs of any such audit, except where the audit demonstrates non-compliant usage of the Licensed Software. In such case, you shall reimburse Symantec for the auditor’s reasonable actual fees for such audit.
12.4. GOVERNING LAW; SEVERABILITY; WAIVER. 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.
12.5. 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.
12.6. ENTIRE AGREEMENT. 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. This License Agreement prevails over any conflicting or additional terms of any purchase order, ordering document, acknowledgement or confirmation or other document issued by You, even if signed and returned. This License Agreement may only be modified by a License Instrument that accompanies or follows this License Agreement.
GLB ENT TEMPLATE v1.0_Administrator Software Development Kit v2.0_020209
]]>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 OPENING THE LICENSED SOFTWARE PACKAGE, BREAKING THE LICENSED SOFTWARE SEAL, CLICKING THE “I AGREE” OR “YES” BUTTON, OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR LOADING THE LICENSED SOFTWARE 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 FURTHER USE OF THE LICENSED SOFTWARE. UNLESS OTHERWISE DEFINED HEREIN, CAPITALIZED TERMS WILL HAVE THE MEANING GIVEN IN THE “DEFINITIONS” SECTION OF THIS LICENSE AGREEMENT AND SUCH CAPITALIZED TERMS MAY BE USED IN THE SINGULAR OR IN THE PLURAL, AS THE CONTEXT REQUIRES.
1. DEFINITIONS.
“Content Updates” means content used by certain Symantec products which is updated from time to time, including but not limited to: updated anti-spyware definitions for anti-spyware products; updated antispam rules for antispam products; updated virus definitions for antivirus and crimeware products; updated URL lists for content filtering and antiphishing products; updated firewall rules for firewall products; updated intrusion detection data for intrusion detection products; updated lists of authenticated web pages for website authentication products; updated policy compliance rules for policy compliance products; and updated vulnerability signatures for vulnerability assessment products.
“Documentation” means the user documentation Symantec provides with the Licensed Software.
“License Instrument” means one or more of the following applicable documents which further defines Your license rights to the Licensed Software: a Symantec license certificate or a similar license document issued by Symantec, or a written agreement between You and Symantec, that accompanies, precedes or follows this License Agreement.
“Licensed Software” means the Symantec software product, in object code form, accompanying this License Agreement, including any Documentation included in, or provided for use with, such software or that accompanies this License Agreement.
“Support Certificate” means the certificate sent by Symantec confirming Your purchase of the applicable Symantec maintenance/support for the Licensed Software.
“Upgrade” means any version of the Licensed Software that has been released to the public and which replaces the prior version of the Licensed Software on Symantec’s price list pursuant to Symantec’s then-current upgrade policies.
“Use Level” means the license use meter or model (which may include operating system, hardware system, application or machine tier limitations, if applicable) by which Symantec measures, prices and licenses the right to use the Licensed Software, in effect at the time an order is placed for such Licensed Software, as indicated in this License Agreement and the applicable License Instrument.
2. LICENSE GRANT. Subject to Your compliance with the terms and conditions of this License Agreement, Symantec grants to You the following rights: (i) a non-exclusive, non-transferable (except as stated otherwise in Section 16.1) license to use the Licensed Software solely in support of Your internal business operations in the quantities and at the Use Levels described in this License Agreement and the applicable License Instrument; and (ii) the right to make a single uninstalled copy of the Licensed Software for archival purposes which You may use and install for disaster-recovery purposes (i.e. where the primary installation of the Licensed Software becomes unavailable for use).
2.1 TERM. The term of the Licensed Software license granted under this License Agreement shall be perpetual (subject to Section 14) unless stated otherwise in Section 17 or unless You have obtained the Licensed Software on a non-perpetual basis, such as, under a subscription or term-based license for the period of time indicated on the applicable License Instrument. If You have obtained the Licensed Software on a non-perpetual basis, Your rights to use such Licensed Software shall end on the applicable end date as indicated on the applicable License Instrument and You shall cease use of the Licensed Software as of such applicable end date.
3. 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; (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; (v) use of the Licensed Software by any party other than You; (vi) use of a later version of the Licensed Software other than the version that accompanies this License Agreement unless You have separately acquired the right to use such later version through a License Instrument or Support Certificate; nor (vii) use of the Licensed Software above the quantity and Use Level that have been licensed to You under this License Agreement or the applicable License Instrument.
4. OWNERSHIP/TITLE. The Licensed Software is the proprietary property of Symantec or its licensors and is protected by copyright law. 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.
5. CONTENT UPDATES. If You purchase a Symantec maintenance/support offering consisting of or including Content Updates, as indicated on Your Support Certificate, You are granted the right to use, as part of the Licensed Software, such Content Updates as and when they are made generally available to Symantec’s end user customers who have purchased such maintenance/support offering and for such period of time as indicated on the face of the applicable Support Certificate. This License Agreement does not otherwise permit You to obtain and use Content Updates.
6. UPGRADES/CROSS-GRADES. Symantec reserves the right to require that any upgrades (if any) of the Licensed Software may only be obtained in a quantity equal to the number indicated on the applicable License Instrument. An upgrade to an existing license shall not be deemed to increase the number of licenses which You are authorized to use. Additionally, if You upgrade a Licensed Software license, or purchase a Licensed Software license listed on the applicable License Instrument to cross-grade an existing license (i.e. to increase its functionality, and/or transfer it to a new operating system, hardware tier or licensing meter), then Symantec issues the applicable Licensed Instrument based on the understanding that You agree to cease using the original license. Any such license upgrade or cross-grade is provided under Symantec's policies in effect at the time of order. This License Agreement does not separately license You for additional licenses beyond those which You have purchased, and which have been authorized by Symantec as indicated on the applicable License Instrument.
7. LIMITED WARRANTY.
7.1. MEDIA WARRANTY. If Symantec provides the Licensed Software to You on tangible media, Symantec warrants that the magnetic media upon which the Licensed Software is recorded will not be defective under normal use, for a period of ninety (90) days from delivery. Symantec will replace any defective media returned to Symantec within the warranty period at no charge to You. The above warranty is inapplicable in the event the Licensed Software media becomes defective due to unauthorized use of the Licensed Software. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
7.2. PERFORMANCE WARRANTY. Symantec warrants that the Licensed Software, as delivered by Symantec and when used in accordance with the Documentation, will substantially conform to the Documentation for a period of ninety (90) days from delivery. If the Licensed Software does not comply with this warranty and such non-compliance is reported by You to Symantec within the ninety (90) day warranty period, Symantec will do one of the following, selected at Symantec’s reasonable discretion: either (i) repair the Licensed Software, (ii) replace the Licensed Software with software of substantially the same functionality, or (iii) terminate this License Agreement and refund the relevant license fees paid for such non-compliant Licensed Software. The above warranty specifically excludes defects resulting from accident, abuse, unauthorized repair, modifications or enhancements, or misapplication. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
8. WARRANTY DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE warranties set forth in sections 7.1 and 7.2 are YOUR exclusive warranties AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. SYMANTEC MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OR USE OF THE LICENSED SOFTWARE, CONTENT UPDATES, AND UPGRADES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU MAY HAVE OTHER WARRANTY RIGHTS, WHICH MAY VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
9. 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 OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.
10. MAINTENANCE/SUPPORT. Symantec has no obligation under this License Agreement to provide maintenance/support for the Licensed Software. Any maintenance/support purchased for the Licensed Software is subject to Symantec’s then-current maintenance/support policies.
11. SOFTWARE EVALUATION. If the Licensed Software is provided to You for evaluation purposes and You have an evaluation agreement with Symantec for the Licensed Software, Your rights to evaluate the Licensed Software will be pursuant to the terms of such evaluation agreement. If You do not have an evaluation agreement with Symantec for the Licensed Software and if You are provided the Licensed Software for evaluation purposes, the following terms and conditions shall apply. Symantec grants to You a nonexclusive, temporary, royalty-free, non-assignable license to use the Licensed Software solely for internal non-production evaluation. Such evaluation license shall terminate (i) on the end date of the pre-determined evaluation period, if an evaluation period is pre-determined in the Licensed Software or (ii) sixty (60) days from the date of Your initial installation of the Licensed Software, if no such evaluation period is pre-determined in the Licensed Software (“Evaluation Period”). The Licensed Software may not be transferred and is provided “AS IS” without warranty of any kind. You are solely responsible to take appropriate measures to back up Your system and take other measures to prevent any loss of files or data. The Licensed Software may contain an automatic disabling mechanism that prevents its use after a certain period of time. Upon expiration of the Licensed Software Evaluation Period, You will cease use of the Licensed Software and destroy all copies of the Licensed Software. All other terms and conditions of this License Agreement shall otherwise apply to Your evaluation of the Licensed Software as permitted herein.
12. U.S. GOVERNMENT RESTRICTED RIGHTS. The Licensed 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 Licensed Software - Restricted Rights" and DFARS 227.7202, “Rights in Commercial Computer Licensed Software or Commercial Computer Licensed Software Documentation”, as applicable, and any successor regulations. Any use, modification, reproduction release, performance, display or disclosure of the Licensed Software by the U.S. Government shall be solely in accordance with the terms of this License Agreement.
13. 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. All Symantec products, including the Controlled Technology are prohibited for export or re-export to Cuba, North Korea, Iran, Syria and Sudan and to any country subject to relevant trade sanctions. You hereby agree that You will not export or sell any Controlled Technology for use in connection with chemical, biological, or nuclear weapons, or missiles, drones or space launch vehicles capable of delivering such weapons.
14. TERMINATION. This License Agreement shall terminate upon Your breach of any term contained herein. Upon termination, You shall immediately stop using and destroy all copies of the Licensed Software.
15. SURVIVAL. The following provisions of this License Agreement survive termination of this License Agreement: Definitions, License Restrictions and any other restrictions on use of intellectual property, Ownership/Title, Warranty Disclaimers, Limitation of Liability, U.S. Government Restricted Rights, Export Regulation, Survival, and General.
16. GENERAL.
16.1. ASSIGNMENT. 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.
16.2. COMPLIANCE WITH APPLICABLE LAW. You are solely responsible for Your compliance with, and You agree to comply with, all applicable laws, rules, and regulations in connection with Your use of the Licensed Software.
16.3. AUDIT. An auditor, selected by Symantec and reasonably acceptable to You, may, upon reasonable notice and during normal business hours, but not more often than once each year, inspect Your records and deployment in order to confirm that Your use of the Licensed Software complies with this License Agreement and the applicable License Instrument. Symantec shall bear the costs of any such audit, except where the audit demonstrates that the Manufacturer’s Suggested Reseller Price (MSRP) value of Your non-compliant usage exceeds five percent (5%) of the MSRP value of Your compliant deployments. In such case, in addition to purchasing appropriate licenses for any over-deployed Licensed Software, You shall reimburse Symantec for the auditor’s reasonable actual fees for such audit.
16.4. GOVERNING LAW; SEVERABILITY; WAIVER. 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.
16.5. 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.
16.6. CUSTOMER SERVICE. Should You have any questions concerning this License Agreement, or if You desire to contact Symantec for any reason, please write to: (i) Symantec Enterprise Customer Care, 555 International Way, Springfield, Oregon 97477, U.S.A., (ii) Symantec Enterprise Customer Care Center, PO BOX 5689, Dublin 15, Ireland, or (iii) Symantec Enterprise Customer Care, 1 Julius Ave, North Ryde, NSW 2113, Australia.
16.7. ENTIRE AGREEMENT. This License Agreement and any related License Instrument are the complete and exclusive agreement between You and Symantec relating to the Licensed Software and supersede any previous or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter. This License Agreement prevails over any conflicting or additional terms of any purchase order, ordering document, acknowledgement or confirmation or other document issued by You, even if signed and returned. This License Agreement may only be modified by a License Instrument that accompanies or follows this License Agreement.
17. ADDITIONAL TERMS AND CONDITIONS. Your use of the Licensed Software is subject to the terms and conditions below in addition to those stated above.
17.1 DEFINITIONS.
A. Per Device. A Device is defined as a single computer, storage drive or other device (i) on which You can install and use the Licensed Software, (ii) from which You access and use the Licensed Software installed on a network, or (iii) a physical connection point that links together two separate devices.
17.2 Use to Support Backup Exec. You have the right to install the Licensed Software on the number of Devices authorized under your License Instrument(s). You may use the Licensed Software in support of and in conjunction with any and all licenses of the Backup Exec product that you are authorized by Symantec to use.
GLB ENT EULA TEMPLATE v1.0Backup Exec Infrastructure Manager 12.5_8 15 08
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 OPENING THE LICENSED SOFTWARE PACKAGE, BREAKING THE LICENSED SOFTWARE SEAL, CLICKING THE “I AGREE” OR “YES” BUTTON, OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR LOADING THE LICENSED SOFTWARE 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 FURTHER USE OF THE LICENSED SOFTWARE. UNLESS OTHERWISE DEFINED HEREIN, CAPITALIZED TERMS WILL HAVE THE MEANING GIVEN IN THE “DEFINITIONS” SECTION OF THIS LICENSE AGREEMENT AND SUCH CAPITALIZED TERMS MAY BE USED IN THE SINGULAR OR IN THE PLURAL, AS THE CONTEXT REQUIRES.
1. DEFINITIONS.
“Content Updates” means content used by certain Symantec products which is updated from time to time, including but not limited to: updated anti-spyware definitions for anti-spyware products; updated antispam rules for antispam products; updated virus definitions for antivirus and crimeware products; updated URL lists for content filtering and antiphishing products; updated firewall rules for firewall products; updated intrusion detection data for intrusion detection products; updated lists of authenticated web pages for website authentication products; updated policy compliance rules for policy compliance products; and updated vulnerability signatures for vulnerability assessment products.
“Documentation” means the user documentation Symantec provides with the Licensed Software.
“License Instrument” means one or more of the following applicable documents which further defines Your license rights to the Licensed Software: a Symantec license certificate or a similar license document issued by Symantec, or a written agreement between You and Symantec, that accompanies, precedes or follows this License Agreement.
“Licensed Software” means the Symantec software product, in object code form, accompanying this License Agreement, including any Documentation included in, or provided for use with, such software or that accompanies this License Agreement.
“Support Certificate” means the certificate sent by Symantec confirming Your purchase of the applicable Symantec maintenance/support for the Licensed Software.
“Upgrade” means any version of the Licensed Software that has been released to the public and which replaces the prior version of the Licensed Software on Symantec’s price list pursuant to Symantec’s then-current upgrade policies.
“Use Level” means the license use meter or model (which may include operating system, hardware system, application or machine tier limitations, if applicable) by which Symantec measures, prices and licenses the right to use the Licensed Software, in effect at the time an order is placed for such Licensed Software, as indicated in this License Agreement and the applicable License Instrument.
2. LICENSE GRANT. Subject to Your compliance with the terms and conditions of this License Agreement, Symantec grants to You the following rights: (i) a non-exclusive, non-transferable (except as stated otherwise in Section 16.1) license to use the Licensed Software solely in support of Your internal business operations in the quantities and at the Use Levels described in this License Agreement and the applicable License Instrument; and (ii) the right to make a single uninstalled copy of the Licensed Software for archival purposes which You may use and install for disaster-recovery purposes (i.e. where the primary installation of the Licensed Software becomes unavailable for use).
2.1 TERM. The term of the Licensed Software license granted under this License Agreement shall be perpetual (subject to Section 14) unless stated otherwise in Section 17 or unless You have obtained the Licensed Software on a non-perpetual basis, such as, under a subscription or term-based license for the period of time indicated on the applicable License Instrument. If You have obtained the Licensed Software on a non-perpetual basis, Your rights to use such Licensed Software shall end on the applicable end date as indicated on the applicable License Instrument and You shall cease use of the Licensed Software as of such applicable end date.
3. 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; (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; (v) use of the Licensed Software by any party other than You; (vi) use of a later version of the Licensed Software other than the version that accompanies this License Agreement unless You have separately acquired the right to use such later version through a License Instrument or Support Certificate; nor (vii) use of the Licensed Software above the quantity and Use Level that have been licensed to You under this License Agreement or the applicable License Instrument.
4. OWNERSHIP/TITLE. The Licensed Software is the proprietary property of Symantec or its licensors and is protected by copyright law. 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.
5. CONTENT UPDATES. If You purchase a Symantec maintenance/support offering consisting of or including Content Updates, as indicated on Your Support Certificate, You are granted the right to use, as part of the Licensed Software, such Content Updates as and when they are made generally available to Symantec’s end user customers who have purchased such maintenance/support offering and for such period of time as indicated on the face of the applicable Support Certificate. This License Agreement does not otherwise permit You to obtain and use Content Updates.
6. UPGRADES/CROSS-GRADES. Symantec reserves the right to require that any upgrades (if any) of the Licensed Software may only be obtained in a quantity equal to the number indicated on the applicable License Instrument. An upgrade to an existing license shall not be deemed to increase the number of licenses which You are authorized to use. Additionally, if You upgrade a Licensed Software license, or purchase a Licensed Software license listed on the applicable License Instrument to cross-grade an existing license (i.e. to increase its functionality, and/or transfer it to a new operating system, hardware tier or licensing meter), then Symantec issues the applicable Licensed Instrument based on the understanding that You agree to cease using the original license. Any such license upgrade or cross-grade is provided under Symantec's policies in effect at the time of order. This License Agreement does not separately license You for additional licenses beyond those which You have purchased, and which have been authorized by Symantec as indicated on the applicable License Instrument.
7. LIMITED WARRANTY.
7.1. MEDIA WARRANTY. If Symantec provides the Licensed Software to You on tangible media, Symantec warrants that the magnetic media upon which the Licensed Software is recorded will not be defective under normal use, for a period of ninety (90) days from delivery. Symantec will replace any defective media returned to Symantec within the warranty period at no charge to You. The above warranty is inapplicable in the event the Licensed Software media becomes defective due to unauthorized use of the Licensed Software. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
7.2. PERFORMANCE WARRANTY. Symantec warrants that the Licensed Software, as delivered by Symantec and when used in accordance with the Documentation, will substantially conform to the Documentation for a period of ninety (90) days from delivery. If the Licensed Software does not comply with this warranty and such non-compliance is reported by You to Symantec within the ninety (90) day warranty period, Symantec will do one of the following, selected at Symantec’s reasonable discretion: either (i) repair the Licensed Software, (ii) replace the Licensed Software with software of substantially the same functionality, or (iii) terminate this License Agreement and refund the relevant license fees paid for such non-compliant Licensed Software. The above warranty specifically excludes defects resulting from accident, abuse, unauthorized repair, modifications or enhancements, or misapplication. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
8. WARRANTY DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE warranties set forth in sections 7.1 and 7.2 are YOUR exclusive warranties AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. SYMANTEC MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OR USE OF THE LICENSED SOFTWARE, CONTENT UPDATES, AND UPGRADES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU MAY HAVE OTHER WARRANTY RIGHTS, WHICH MAY VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
9. 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 OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.
10. MAINTENANCE/SUPPORT. Symantec has no obligation under this License Agreement to provide maintenance/support for the Licensed Software. Any maintenance/support purchased for the Licensed Software is subject to Symantec’s then-current maintenance/support policies.
11. SOFTWARE EVALUATION. If the Licensed Software is provided to You for evaluation purposes and You have an evaluation agreement with Symantec for the Licensed Software, Your rights to evaluate the Licensed Software will be pursuant to the terms of such evaluation agreement. If You do not have an evaluation agreement with Symantec for the Licensed Software and if You are provided the Licensed Software for evaluation purposes, the following terms and conditions shall apply. Symantec grants to You a nonexclusive, temporary, royalty-free, non-assignable license to use the Licensed Software solely for internal non-production evaluation. Such evaluation license shall terminate (i) on the end date of the pre-determined evaluation period, if an evaluation period is pre-determined in the Licensed Software or (ii) sixty (60) days from the date of Your initial installation of the Licensed Software, if no such evaluation period is pre-determined in the Licensed Software (“Evaluation Period”). The Licensed Software may not be transferred and is provided “AS IS” without warranty of any kind. You are solely responsible to take appropriate measures to back up Your system and take other measures to prevent any loss of files or data. The Licensed Software may contain an automatic disabling mechanism that prevents its use after a certain period of time. Upon expiration of the Licensed Software Evaluation Period, You will cease use of the Licensed Software and destroy all copies of the Licensed Software. All other terms and conditions of this License Agreement shall otherwise apply to Your evaluation of the Licensed Software as permitted herein.
12. U.S. GOVERNMENT RESTRICTED RIGHTS. The Licensed 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 Licensed Software - Restricted Rights" and DFARS 227.7202, “Rights in Commercial Computer Licensed Software or Commercial Computer Licensed Software Documentation”, as applicable, and any successor regulations. Any use, modification, reproduction release, performance, display or disclosure of the Licensed Software by the U.S. Government shall be solely in accordance with the terms of this License Agreement.
13. 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. All Symantec products, including the Controlled Technology are prohibited for export or re-export to Cuba, North Korea, Iran, Syria and Sudan and to any country subject to relevant trade sanctions. You hereby agree that You will not export or sell any Controlled Technology for use in connection with chemical, biological, or nuclear weapons, or missiles, drones or space launch vehicles capable of delivering such weapons.
14. TERMINATION. This License Agreement shall terminate upon Your breach of any term contained herein. Upon termination, You shall immediately stop using and destroy all copies of the Licensed Software.
15. SURVIVAL. The following provisions of this License Agreement survive termination of this License Agreement: Definitions, License Restrictions and any other restrictions on use of intellectual property, Ownership/Title, Warranty Disclaimers, Limitation of Liability, U.S. Government Restricted Rights, Export Regulation, Survival, and General.
16. GENERAL.
16.1. ASSIGNMENT. 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.
16.2. COMPLIANCE WITH APPLICABLE LAW. You are solely responsible for Your compliance with, and You agree to comply with, all applicable laws, rules, and regulations in connection with Your use of the Licensed Software.
16.3. AUDIT. An auditor, selected by Symantec and reasonably acceptable to You, may, upon reasonable notice and during normal business hours, but not more often than once each year, inspect Your records and deployment in order to confirm that Your use of the Licensed Software complies with this License Agreement and the applicable License Instrument. Symantec shall bear the costs of any such audit, except where the audit demonstrates that the Manufacturer’s Suggested Reseller Price (MSRP) value of Your non-compliant usage exceeds five percent (5%) of the MSRP value of Your compliant deployments. In such case, in addition to purchasing appropriate licenses for any over-deployed Licensed Software, You shall reimburse Symantec for the auditor’s reasonable actual fees for such audit.
16.4. GOVERNING LAW; SEVERABILITY; WAIVER. 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.
16.5. 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.
16.6. CUSTOMER SERVICE.Should You have any questions concerning this License Agreement, or if You desire to contact Symantec for any reason, please write to: (i) Symantec Enterprise Customer Care, 555 International Way, Springfield, Oregon 97477, U.S.A., (ii) Symantec Enterprise Customer Care Center, PO BOX 5689, Dublin 15, Ireland, or (iii) Symantec Enterprise Customer Care, 1 Julius Ave, North Ryde, NSW 2113, Australia.
16.7. ENTIRE AGREEMENT. This License Agreement and any related License Instrument are the complete and exclusive agreement between You and Symantec relating to the Licensed Software and supersede any previous or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter. This License Agreement prevails over any conflicting or additional terms of any purchase order, ordering document, acknowledgement or confirmation or other document issued by You, even if signed and returned. This License Agreement may only be modified by a License Instrument that accompanies or follows this License Agreement.
17. ADDITIONAL TERMS AND CONDITIONS. Your use of the Licensed Software is subject to the terms and conditions below in addition to those stated above.
17.1 DEFINITIONS.
17.1.1 Per Server. A Server is defined as an individual computer, acting as a service or resource provider to client computers by sharing the resources within the network infrastructure. A Server can run server software for other computers or devices.
17.2 USE LEVELS.
You may copy and use the Licensed Software for the number of Servers as have been licensed to You by Symantec under a License Instrument. For Servers in a cluster, You may use each individual copy of the Licensed Software and related documentation on a single active Server at any one time provided that a separate licensed copy of Licensed Software is installed on each active Server within the cluster. Each active Server requires a unique license of the Licensed Software.
17.3 THIRD PARTY COMPONENTS
The Licensed Software may use or contain third party software and/or device drivers. Such software or device drivers are provided solely for Your convenience. It is Your responsibility to confirm whether such software or device drivers are applicable or usable in Your environment. The provided software or device drivers are used by Symantec "AS IS" WITHOUT ANY TECHNICAL SUPPORT OR WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO FITNESS FOR A PARTICULAR PURPOSE. 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 THE USE OF THIRD PARTY SOFTWARE OR DEVICE DRIVERS.
17.4 PRIVACY; DATA PROTECTION.
From time to time, the Licensed Software will collect certain information from the computer on which it is installed, which may include:
· Information collected through the Licensed Software’s Send Feedback feature possibly including personal name, company name, e-mail address and phone number. This information is provided voluntarily by the user after having the opportunity to read the Licensed Software’s Privacy Statement. This information will be used to allow a Symantec representative to respond to the user offering feedback. It will not be correlated with any information unrelated to the feedback.
· Other non-personally identifiable information which is used for product administration and analysis. This information will not be correlated with any personally identifiable information.
Symantec may disclose the collected information if asked to do so by a law enforcement official as required or permitted by law or in response to a subpoena or other legal process. 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 Licensed Software, You acknowledge and agree that Symantec may collect, transmit, store, disclose and analyze such information for these purposes.
GLB ENT EULA TEMPLATE v.1.0_Backup Exec System Recovery 2010 Linux Edition_29Sep2009
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 OPENING THE LICENSED SOFTWARE PACKAGE, BREAKING THE LICENSED SOFTWARE SEAL, CLICKING THE “I AGREE” OR “YES” BUTTON, OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR LOADING THE LICENSED SOFTWARE 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 FURTHER USE OF THE LICENSED SOFTWARE. UNLESS OTHERWISE DEFINED HEREIN, CAPITALIZED TERMS WILL HAVE THE MEANING GIVEN IN THE “DEFINITIONS” SECTION OF THIS LICENSE AGREEMENT AND SUCH CAPITALIZED TERMS MAY BE USED IN THE SINGULAR OR IN THE PLURAL, AS THE CONTEXT REQUIRES.
1. DEFINITIONS.
“Content Updates” means content used by certain Symantec products which is updated from time to time, including but not limited to: updated anti-spyware definitions for anti-spyware products; updated antispam rules for antispam products; updated virus definitions for antivirus and crimeware products; updated URL lists for content filtering and antiphishing products; updated firewall rules for firewall products; updated intrusion detection data for intrusion detection products; updated lists of authenticated web pages for website authentication products; updated policy compliance rules for policy compliance products; and updated vulnerability signatures for vulnerability assessment products.
“Documentation” means the user documentation Symantec provides with the Licensed Software.
“License Instrument” means one or more of the following applicable documents which further defines Your license rights to the Licensed Software: a Symantec license certificate or a similar license document issued by Symantec, or a written agreement between You and Symantec, that accompanies, precedes or follows this License Agreement.
“Licensed Software” means the Symantec software product, in object code form, accompanying this License Agreement, including any Documentation included in, or provided for use with, such software or that accompanies this License Agreement.
“Support Certificate” means the certificate sent by Symantec confirming Your purchase of the applicable Symantec maintenance/support for the Licensed Software.
“Upgrade” means any version of the Licensed Software that has been released to the public and which replaces the prior version of the Licensed Software on Symantec’s price list pursuant to Symantec’s then-current upgrade policies.
“Use Level” means the license use meter or model (which may include operating system, hardware system, application or machine tier limitations, if applicable) by which Symantec measures, prices and licenses the right to use the Licensed Software, in effect at the time an order is placed for such Licensed Software, as indicated in this License Agreement and the applicable License Instrument.
2. LICENSE GRANT. Subject to Your compliance with the terms and conditions of this License Agreement, Symantec grants to You the following rights: (i) a non-exclusive, non-transferable (except as stated otherwise in Section 16.1) license to use the Licensed Software solely in support of Your internal business operations in the quantities and at the Use Levels described in this License Agreement and the applicable License Instrument; and (ii) the right to make a single uninstalled copy of the Licensed Software for archival purposes which You may use and install for disaster-recovery purposes (i.e. where the primary installation of the Licensed Software becomes unavailable for use).
2.1 TERM. The term of the Licensed Software license granted under this License Agreement shall be perpetual (subject to Section 14) unless stated otherwise in Section 17 or unless You have obtained the Licensed Software on a non-perpetual basis, such as, under a subscription or term-based license for the period of time indicated on the applicable License Instrument. If You have obtained the Licensed Software on a non-perpetual basis, Your rights to use such Licensed Software shall end on the applicable end date as indicated on the applicable License Instrument and You shall cease use of the Licensed Software as of such applicable end date.
3. 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; (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; (v) use of the Licensed Software by any party other than You; (vi) use of a later version of the Licensed Software other than the version that accompanies this License Agreement unless You have separately acquired the right to use such later version through a License Instrument or Support Certificate; nor (vii) use of the Licensed Software above the quantity and Use Level that have been licensed to You under this License Agreement or the applicable License Instrument.
4. OWNERSHIP/TITLE. The Licensed Software is the proprietary property of Symantec or its licensors and is protected by copyright law. 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.
5. CONTENT UPDATES. If You purchase a Symantec maintenance/support offering consisting of or including Content Updates, as indicated on Your Support Certificate, You are granted the right to use, as part of the Licensed Software, such Content Updates as and when they are made generally available to Symantec’s end user customers who have purchased such maintenance/support offering and for such period of time as indicated on the face of the applicable Support Certificate. This License Agreement does not otherwise permit You to obtain and use Content Updates.
6. UPGRADES/CROSS-GRADES. Symantec reserves the right to require that any upgrades (if any) of the Licensed Software may only be obtained in a quantity equal to the number indicated on the applicable License Instrument. An upgrade to an existing license shall not be deemed to increase the number of licenses which You are authorized to use. Additionally, if You upgrade a Licensed Software license, or purchase a Licensed Software license listed on the applicable License Instrument to cross-grade an existing license (i.e. to increase its functionality, and/or transfer it to a new operating system, hardware tier or licensing meter), then Symantec issues the applicable Licensed Instrument based on the understanding that You agree to cease using the original license. Any such license upgrade or cross-grade is provided under Symantec's policies in effect at the time of order. This License Agreement does not separately license You for additional licenses beyond those which You have purchased, and which have been authorized by Symantec as indicated on the applicable License Instrument.
7. LIMITED WARRANTY.
7.1. MEDIA WARRANTY. If Symantec provides the Licensed Software to You on tangible media, Symantec warrants that the magnetic media upon which the Licensed Software is recorded will not be defective under normal use, for a period of ninety (90) days from delivery. Symantec will replace any defective media returned to Symantec within the warranty period at no charge to You. The above warranty is inapplicable in the event the Licensed Software media becomes defective due to unauthorized use of the Licensed Software. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
7.2. PERFORMANCE WARRANTY. Symantec warrants that the Licensed Software, as delivered by Symantec and when used in accordance with the Documentation, will substantially conform to the Documentation for a period of ninety (90) days from delivery. If the Licensed Software does not comply with this warranty and such non-compliance is reported by You to Symantec within the ninety (90) day warranty period, Symantec will do one of the following, selected at Symantec’s reasonable discretion: either (i) repair the Licensed Software, (ii) replace the Licensed Software with software of substantially the same functionality, or (iii) terminate this License Agreement and refund the relevant license fees paid for such non-compliant Licensed Software. The above warranty specifically excludes defects resulting from accident, abuse, unauthorized repair, modifications or enhancements, or misapplication. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
8. WARRANTY DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE warranties set forth in sections 7.1 and 7.2 are YOUR exclusive warranties AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. SYMANTEC MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OR USE OF THE LICENSED SOFTWARE, CONTENT UPDATES, AND UPGRADES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU MAY HAVE OTHER WARRANTY RIGHTS, WHICH MAY VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
9. 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 OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.
10. MAINTENANCE/SUPPORT. Symantec has no obligation under this License Agreement to provide maintenance/support for the Licensed Software. Any maintenance/support purchased for the Licensed Software is subject to Symantec’s then-current maintenance/support policies.
11. SOFTWARE EVALUATION. If the Licensed Software is provided to You for evaluation purposes and You have an evaluation agreement with Symantec for the Licensed Software, Your rights to evaluate the Licensed Software will be pursuant to the terms of such evaluation agreement. If You do not have an evaluation agreement with Symantec for the Licensed Software and if You are provided the Licensed Software for evaluation purposes, the following terms and conditions shall apply. Symantec grants to You a nonexclusive, temporary, royalty-free, non-assignable license to use the Licensed Software solely for internal non-production evaluation. Such evaluation license shall terminate (i) on the end date of the pre-determined evaluation period, if an evaluation period is pre-determined in the Licensed Software or (ii) sixty (60) days from the date of Your initial installation of the Licensed Software, if no such evaluation period is pre-determined in the Licensed Software (“Evaluation Period”). The Licensed Software may not be transferred and is provided “AS IS” without warranty of any kind. You are solely responsible to take appropriate measures to back up Your system and take other measures to prevent any loss of files or data. The Licensed Software may contain an automatic disabling mechanism that prevents its use after a certain period of time. Upon expiration of the Licensed Software Evaluation Period, You will cease use of the Licensed Software and destroy all copies of the Licensed Software. All other terms and conditions of this License Agreement shall otherwise apply to Your evaluation of the Licensed Software as permitted herein.
12. U.S. GOVERNMENT RESTRICTED RIGHTS. The Licensed 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 Licensed Software - Restricted Rights" and DFARS 227.7202, “Rights in Commercial Computer Licensed Software or Commercial Computer Licensed Software Documentation”, as applicable, and any successor regulations. Any use, modification, reproduction release, performance, display or disclosure of the Licensed Software by the U.S. Government shall be solely in accordance with the terms of this License Agreement.
13. 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. All Symantec products, including the Controlled Technology are prohibited for export or re-export to Cuba, North Korea, Iran, Syria and Sudan and to any country subject to relevant trade sanctions. You hereby agree that You will not export or sell any Controlled Technology for use in connection with chemical, biological, or nuclear weapons, or missiles, drones or space launch vehicles capable of delivering such weapons.
14. TERMINATION. This License Agreement shall terminate upon Your breach of any term contained herein. Upon termination, You shall immediately stop using and destroy all copies of the Licensed Software.
15. SURVIVAL. The following provisions of this License Agreement survive termination of this License Agreement: Definitions, License Restrictions and any other restrictions on use of intellectual property, Ownership/Title, Warranty Disclaimers, Limitation of Liability, U.S. Government Restricted Rights, Export Regulation, Survival, and General.
16. GENERAL.
16.1. ASSIGNMENT. 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.
16.2. COMPLIANCE WITH APPLICABLE LAW. You are solely responsible for Your compliance with, and You agree to comply with, all applicable laws, rules, and regulations in connection with Your use of the Licensed Software.
16.3. AUDIT. An auditor, selected by Symantec and reasonably acceptable to You, may, upon reasonable notice and during normal business hours, but not more often than once each year, inspect Your records and deployment in order to confirm that Your use of the Licensed Software complies with this License Agreement and the applicable License Instrument. Symantec shall bear the costs of any such audit, except where the audit demonstrates that the Manufacturer’s Suggested Reseller Price (MSRP) value of Your non-compliant usage exceeds five percent (5%) of the MSRP value of Your compliant deployments. In such case, in addition to purchasing appropriate licenses for any over-deployed Licensed Software, You shall reimburse Symantec for the auditor’s reasonable actual fees for such audit.
16.4. GOVERNING LAW; SEVERABILITY; WAIVER. 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.
16.5. 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.
16.6. CUSTOMER SERVICE. Should You have any questions concerning this License Agreement, or if You desire to contact Symantec for any reason, please write to: (i) Symantec Enterprise Customer Care, 555 International Way, Springfield, Oregon 97477, U.S.A., (ii) Symantec Enterprise Customer Care Center, PO BOX 5689, Dublin 15, Ireland, or (iii) Symantec Enterprise Customer Care, 1 Julius Ave, North Ryde, NSW 2113, Australia.
16.7. ENTIRE AGREEMENT. This License Agreement and any related License Instrument are the complete and exclusive agreement between You and Symantec relating to the Licensed Software and supersede any previous or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter. This License Agreement prevails over any conflicting or additional terms of any purchase order, ordering document, acknowledgement or confirmation or other document issued by You, even if signed and returned. This License Agreement may only be modified by a License Instrument that accompanies or follows this License Agreement.
17. ADDITIONAL TERMS AND CONDITIONS. Your use of the Licensed Software is subject to the terms and conditions below in addition to those stated above.
17.1 DEFINITIONS.
17.1.1 Per Device. A Device is defined as a single computer, storage drive or other device (i) on which You can install and use the Licensed Software, (ii) from which You access and use the Licensed Software installed on a network, or (iii) a physical connection point that links together two separate devices.
17.1.2 Per Managed Device. A Managed Device is defined as a device that is managed, monitored and/or protected by the Licensed Software but that may not actually be running the Licensed Software itself.
17.1.3 Per Server. A Server is defined as an individual computer, acting as a service or resource provider to client computers by sharing the resources within the network infrastructure. A Server can run server software for other computers or devices.
17.2 USE LEVELS.
17.2.1 You may copy and use the Licensed Software for the number of Devices, Managed Devices, and/or Servers as have been licensed to You by Symantec under a License Instrument. For devices running multiple operating systems (e.g., multiple boot systems or virtual machine servers), each instance of new operating systems constitutes a new Device from which You access and use the Licensed Software. For Devices or Servers in a cluster, You may use each individual copy of the Licensed Software and related documentation on a single active Device or Server at any one time provided that a separate licensed copy of Licensed Software is installed on each active Device or Server within the cluster. Each active Device requires a unique license of the Licensed Software.
17.2.2 You may use one licensed copy of the Symantec Backup Exec™ System Recovery Server on a per Server basis.
17.2.3 You may use one licensed copy of the Symantec Backup Exec™ System Recovery Desktop on a per Device basis.
17.2.4 You may use one licensed copy of the Symantec Backup Exec™ System Recovery Small Business Server on a per Server basis.
17.2.5 You may use one licensed copy of the Symantec Backup Exec™ System Recovery Linux Edition on a per Server basis.
17.2.6 You may use one licensed copy of the Symantec Backup Exec™ System Recovery Virtual Edition on a per Server basis.
17.2.7 You may use the activation information (i.e. the license key) provided by Symantec for the Licensed Software to enable a prior version of the Licensed Software provided that such activation information is backward compatible (Symantec makes no warranty with respect to the activation information in connection with such use), subject to the licensing requirements and restrictions set forth herein. Notwithstanding the foregoing, all prior versions of the Licensed Software are subject to Symantec’s end-of-life policy and support limitations.
17.2.8 If you have licensed Symantec Backup Exec™ System Recovery Server as part of a Symantec Protection Suite Advanced Business Edition product, you may use one (1) licensed copy of the Symantec Backup Exec™ System Recovery Server per fifty (50) licensed copies of the Symantec Protection Suite Advanced Business Edition product that you purchased on a single order, unless otherwise specified in your License Instrument. Current Symantec license rates/ratios for Symantec Backup Exec™ System Recovery Server are included in the Symantec Protection Suite Advanced Business Edition product documentation.
17.3 For Backup Exec™ System Recovery Virtual Edition, these additional license provisions shall apply:
17.3.1 You may use a single Backup Exec™ System Recovery Virtual Edition license to protect a single physical server at any one time, and such physical host server may protect an unlimited number of guest virtual machines that reside on the licensed host system.
17.4 Symantec Recovery Disk. If the Licensed Software You have licensed includes the Symantec Recovery Disk (“referred to in this Section 17.4 as the “Component”) the following uses and restrictions apply to the Licensed Software:
17.4.1 The Component contains Windows® software licensed from Microsoft Corporation. Microsoft Corporation has no liability to You for the Component. Any support for the Component will be provided by Symantec in accordance with Symantec’s then-current support guidelines.
17.4.2 THE COMPONENT CONTAINS A TIME-OUT FEATURE THAT WILL AUTOMATICALLY RE-BOOT THE DEVICE AFTER SEVENTY-TWO HOURS OF CONTINUOUS USE. THIS TIME-OUT FEATURE WILL RESET EACH TIME THE COMPONENT IS RE-LAUNCHED.
17.4.3 The Component may be used as a boot, diagnostic, disaster recovery, setup, restoration, emergency service, installation, test, and configuration utility program. Use of the Component as a general purpose operating system or as a substitute for a fully functional version of any operating system product is strictly prohibited.
Windows® is a registered trademark of Microsoft Corporation.
17.5 Microsoft WAIK. If the Licensed Software You have licensed includes the Microsoft Window Automated Installation Kit (referred to in this section 17.5 as the “Component”), the uses and restrictions set forth below apply to the Component. For the purpose of clarification only, Symantec Recovery Disk includes the Component.
A. The Component contains Windows® software licensed from Microsoft Corporation. Microsoft Corporation has no liability to You for the Component. Any support for the Component will be provided by Symantec in accordance with Symantec’s then-current support guidelines.
B. You may install and use any number of copies of the Component on Your devices solely for the purpose of deploying Windows operating system software on Your devices. Certain portions of the Component are provided to You with additional license rights and restrictions, as follows:
i. Windows Pre-Installation Environment: You may install and use the Windows Pre-Installation Environment for purposes of diagnosing and recovering Windows operating system software. For the avoidance of doubt, You may not use the Windows Pre-Installation Environment for any other purpose, including without limitation as a general operating system, as a thin client or as a remote desktop client.
ii. ImageX.exe, Wimapi.dll, Wimfilter and Package Manager: You may install and use the ImageX.exe, Wimapi.dll and Wimfilter and Package Manager portions of the Component for recovering Windows operating system software. For the avoidance of doubt, You may not use these portions of the Component for any other purpose, including without limitation for purposes of backing up Your Windows operating system.
C. Notwithstanding any other term of this Agreement, the Component is provided without warranty of any kind whatsoever and is licensed “AS IS.”
Windows® is a registered trademark of Microsoft Corporation.
17.6 Google Desktop™. The Licensed Software may include access to the Google Desktop™ search engine (“Application”) licensed to You by Google Inc. Your use of the Application is governed by an agreement between You and Google. Symantec has no liability to You for Your use of Application and does not warranty or provide technical support for Your use of the Application.
Google™ and Google Desktop™ are trademarks of Google Inc.
17.7 The Licensed Software may contain third party device drivers. Such device drivers are provided solely for Your convenience. It is Your responsibility to confirm whether such device drivers are applicable to Your environment. The device drivers are provided by Symantec "AS IS" WITHOUT ANY TECHNICAL SUPPORT OR WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO FITNESS FOR A PARTICULAR PURPOSE. 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 THE THIRD PARTY DEVICE DRIVER.
17.8 PRIVACY; DATA PROTECTION.
From time to time, the Licensed Software will collect certain information from the computer on which it is installed, which may include:
· Information collected through the Licensed Software’s Send Feedback feature possibly including personal name, company name, e-mail address and phone number. This information is provided voluntarily by the user after having the opportunity to read the Licensed Software’s Privacy Statement. This information will be used to allow a Symantec representative to respond to the user offering feedback. It will not be correlated with any information unrelated to the feedback.
· Other non-personally identifiable information which is used for product administration and analysis. This information will not be correlated with any personally identifiable information.
Symantec may disclose the collected information if asked to do so by a law enforcement official as required or permitted by law or in response to a subpoena or other legal process. 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 Licensed Software, You acknowledge and agree that Symantec may collect, transmit, store, disclose and analyze such information for these purposes.
GLB ENT EULA TEMPLATE v.1.0_Symantec Backup Exec System Recovery_20 Jan 2010
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 OPENING THE LICENSED SOFTWARE PACKAGE, BREAKING THE LICENSED SOFTWARE SEAL, CLICKING THE “I AGREE” OR “YES” BUTTON, OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR LOADING THE LICENSED SOFTWARE 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 FURTHER USE OF THE LICENSED SOFTWARE. UNLESS OTHERWISE DEFINED HEREIN, CAPITALIZED TERMS WILL HAVE THE MEANING GIVEN IN THE “DEFINITIONS” SECTION OF THIS LICENSE AGREEMENT AND SUCH CAPITALIZED TERMS MAY BE USED IN THE SINGULAR OR IN THE PLURAL, AS THE CONTEXT REQUIRES.
1. DEFINITIONS.
“Content Updates” means content used by certain Symantec products which is updated from time to time, including but not limited to: updated anti-spyware definitions for anti-spyware products; updated antispam rules for antispam products; updated virus definitions for antivirus and crimeware products; updated URL lists for content filtering and antiphishing products; updated firewall rules for firewall products; updated intrusion detection data for intrusion detection products; updated lists of authenticated web pages for website authentication products; updated policy compliance rules for policy compliance products; and updated vulnerability signatures for vulnerability assessment products.
“Documentation” means the user documentation Symantec provides with the Licensed Software.
“License Instrument” means one or more of the following applicable documents which further defines Your license rights to the Licensed Software: a Symantec license certificate or a similar license document issued by Symantec, or a written agreement between You and Symantec, that accompanies, precedes or follows this License Agreement.
“Licensed Software” means the Symantec software product, in object code form, accompanying this License Agreement, including any Documentation included in, or provided for use with, such software or that accompanies this License Agreement.
“Support Certificate” means the certificate sent by Symantec confirming Your purchase of the applicable Symantec maintenance/support for the Licensed Software.
“Upgrade” means any version of the Licensed Software that has been released to the public and which replaces the prior version of the Licensed Software on Symantec’s price list pursuant to Symantec’s then-current upgrade policies.
“Use Level” means the license use meter or model (which may include operating system, hardware system, application or machine tier limitations, if applicable) by which Symantec measures, prices and licenses the right to use the Licensed Software, in effect at the time an order is placed for such Licensed Software, as indicated in this License Agreement and the applicable License Instrument.
2. LICENSE GRANT. Subject to Your compliance with the terms and conditions of this License Agreement, Symantec grants to You the following rights: (i) a non-exclusive, non-transferable (except as stated otherwise in Section 16.1) license to use the Licensed Software solely in support of Your internal business operations in the quantities and at the Use Levels described in this License Agreement and the applicable License Instrument; and (ii) the right to make a single uninstalled copy of the Licensed Software for archival purposes which You may use and install for disaster-recovery purposes (i.e. where the primary installation of the Licensed Software becomes unavailable for use).
2.1 TERM. The term of the Licensed Software license granted under this License Agreement shall be perpetual (subject to Section 14) unless stated otherwise in Section 17 or unless You have obtained the Licensed Software on a non-perpetual basis, such as, under a subscription or term-based license for the period of time indicated on the applicable License Instrument. If You have obtained the Licensed Software on a non-perpetual basis, Your rights to use such Licensed Software shall end on the applicable end date as indicated on the applicable License Instrument and You shall cease use of the Licensed Software as of such applicable end date.
3. 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; (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; (v) use of the Licensed Software by any party other than You; (vi) use of a later version of the Licensed Software other than the version that accompanies this License Agreement unless You have separately acquired the right to use such later version through a License Instrument or Support Certificate; nor (vii) use of the Licensed Software above the quantity and Use Level that have been licensed to You under this License Agreement or the applicable License Instrument.
4. OWNERSHIP/TITLE. The Licensed Software is the proprietary property of Symantec or its licensors and is protected by copyright law. 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.
5. CONTENT UPDATES. If You purchase a Symantec maintenance/support offering consisting of or including Content Updates, as indicated on Your Support Certificate, You are granted the right to use, as part of the Licensed Software, such Content Updates as and when they are made generally available to Symantec’s end user customers who have purchased such maintenance/support offering and for such period of time as indicated on the face of the applicable Support Certificate. This License Agreement does not otherwise permit You to obtain and use Content Updates.
6. UPGRADES/CROSS-GRADES. Symantec reserves the right to require that any upgrades (if any) of the Licensed Software may only be obtained in a quantity equal to the number indicated on the applicable License Instrument. An upgrade to an existing license shall not be deemed to increase the number of licenses which You are authorized to use. Additionally, if You upgrade a Licensed Software license, or purchase a Licensed Software license listed on the applicable License Instrument to cross-grade an existing license (i.e. to increase its functionality, and/or transfer it to a new operating system, hardware tier or licensing meter), then Symantec issues the applicable Licensed Instrument based on the understanding that You agree to cease using the original license. Any such license upgrade or cross-grade is provided under Symantec's policies in effect at the time of order. This License Agreement does not separately license You for additional licenses beyond those which You have purchased, and which have been authorized by Symantec as indicated on the applicable License Instrument.
7. LIMITED WARRANTY.
7.1. MEDIA WARRANTY. If Symantec provides the Licensed Software to You on tangible media, Symantec warrants that the magnetic media upon which the Licensed Software is recorded will not be defective under normal use, for a period of ninety (90) days from delivery. Symantec will replace any defective media returned to Symantec within the warranty period at no charge to You. The above warranty is inapplicable in the event the Licensed Software media becomes defective due to unauthorized use of the Licensed Software. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
7.2. PERFORMANCE WARRANTY. Symantec warrants that the Licensed Software, as delivered by Symantec and when used in accordance with the Documentation, will substantially conform to the Documentation for a period of ninety (90) days from delivery. If the Licensed Software does not comply with this warranty and such non-compliance is reported by You to Symantec within the ninety (90) day warranty period, Symantec will do one of the following, selected at Symantec’s reasonable discretion: either (i) repair the Licensed Software, (ii) replace the Licensed Software with software of substantially the same functionality, or (iii) terminate this License Agreement and refund the relevant license fees paid for such non-compliant Licensed Software. The above warranty specifically excludes defects resulting from accident, abuse, unauthorized repair, modifications or enhancements, or misapplication. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
8. WARRANTY DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE warranties set forth in sections 7.1 and 7.2 are YOUR exclusive warranties AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. SYMANTEC MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OR USE OF THE LICENSED SOFTWARE, CONTENT UPDATES, AND UPGRADES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU MAY HAVE OTHER WARRANTY RIGHTS, WHICH MAY VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
9. 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 OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.
10. MAINTENANCE/SUPPORT. Symantec has no obligation under this License Agreement to provide maintenance/support for the Licensed Software. Any maintenance/support purchased for the Licensed Software is subject to Symantec’s then-current maintenance/support policies.
11. SOFTWARE EVALUATION. If the Licensed Software is provided to You for evaluation purposes and You have an evaluation agreement with Symantec for the Licensed Software, Your rights to evaluate the Licensed Software will be pursuant to the terms of such evaluation agreement. If You do not have an evaluation agreement with Symantec for the Licensed Software and if You are provided the Licensed Software for evaluation purposes, the following terms and conditions shall apply. Symantec grants to You a nonexclusive, temporary, royalty-free, non-assignable license to use the Licensed Software solely for internal non-production evaluation. Such evaluation license shall terminate (i) on the end date of the pre-determined evaluation period, if an evaluation period is pre-determined in the Licensed Software or (ii) sixty (60) days from the date of Your initial installation of the Licensed Software, if no such evaluation period is pre-determined in the Licensed Software (“Evaluation Period”). The Licensed Software may not be transferred and is provided “AS IS” without warranty of any kind. You are solely responsible to take appropriate measures to back up Your system and take other measures to prevent any loss of files or data. The Licensed Software may contain an automatic disabling mechanism that prevents its use after a certain period of time. Upon expiration of the Licensed Software Evaluation Period, You will cease use of the Licensed Software and destroy all copies of the Licensed Software. All other terms and conditions of this License Agreement shall otherwise apply to Your evaluation of the Licensed Software as permitted herein.
12. U.S. GOVERNMENT RESTRICTED RIGHTS. The Licensed 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 Licensed Software - Restricted Rights" and DFARS 227.7202, “Rights in Commercial Computer Licensed Software or Commercial Computer Licensed Software Documentation”, as applicable, and any successor regulations. Any use, modification, reproduction release, performance, display or disclosure of the Licensed Software by the U.S. Government shall be solely in accordance with the terms of this License Agreement.
13. 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. All Symantec products, including the Controlled Technology are prohibited for export or re-export to Cuba, North Korea, Iran, Syria and Sudan and to any country subject to relevant trade sanctions. You hereby agree that You will not export or sell any Controlled Technology for use in connection with chemical, biological, or nuclear weapons, or missiles, drones or space launch vehicles capable of delivering such weapons.
14. TERMINATION. This License Agreement shall terminate upon Your breach of any term contained herein. Upon termination, You shall immediately stop using and destroy all copies of the Licensed Software.
15. SURVIVAL. The following provisions of this License Agreement survive termination of this License Agreement: Definitions, License Restrictions and any other restrictions on use of intellectual property, Ownership/Title, Warranty Disclaimers, Limitation of Liability, U.S. Government Restricted Rights, Export Regulation, Survival, and General.
16. GENERAL.
16.1. ASSIGNMENT. 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.
16.2. COMPLIANCE WITH APPLICABLE LAW. You are solely responsible for Your compliance with, and You agree to comply with, all applicable laws, rules, and regulations in connection with Your use of the Licensed Software.
16.3. AUDIT. An auditor, selected by Symantec and reasonably acceptable to You, may, upon reasonable notice and during normal business hours, but not more often than once each year, inspect Your records and deployment in order to confirm that Your use of the Licensed Software complies with this License Agreement and the applicable License Instrument. Symantec shall bear the costs of any such audit, except where the audit demonstrates that the Manufacturer’s Suggested Reseller Price (MSRP) value of Your non-compliant usage exceeds five percent (5%) of the MSRP value of Your compliant deployments. In such case, in addition to purchasing appropriate licenses for any over-deployed Licensed Software, You shall reimburse Symantec for the auditor’s reasonable actual fees for such audit.
16.4. GOVERNING LAW; SEVERABILITY; WAIVER. 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.
16.5. 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.
16.6. CUSTOMER SERVICE. Should You have any questions concerning this License Agreement, or if You desire to contact Symantec for any reason, please write to: (i) Symantec Enterprise Customer Care, 555 International Way, Springfield, Oregon 97477, U.S.A., (ii) Symantec Enterprise Customer Care Center, PO BOX 5689, Dublin 15, Ireland, or (iii) Symantec Enterprise Customer Care, 1 Julius Ave, North Ryde, NSW 2113, Australia.
16.7. ENTIRE AGREEMENT. This License Agreement and any related License Instrument are the complete and exclusive agreement between You and Symantec relating to the Licensed Software and supersede any previous or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter. This License Agreement prevails over any conflicting or additional terms of any purchase order, ordering document, acknowledgement or confirmation or other document issued by You, even if signed and returned. This License Agreement may only be modified by a License Instrument that accompanies or follows this License Agreement.
17. ADDITIONAL TERMS AND CONDITIONS. Your use of the Licensed Software is subject to the terms and conditions below in addition to those stated above.
17.1 DEFINITIONS.
A. Per Device.
A Device is defined as a single computer, storage drive or other device
(i) on which You can install and use the Licensed Software, (ii) from
which You access and use the Licensed Software installed on a network,
or (iii) a physical connection point that links together two separate
devices.
17.2 Use to Support
Backup Exec System Recovery. You have the right to install
the Licensed Software on the number of Devices authorized under your
License Instrument(s). You may use the Licensed Software in support
of and in conjunction with any and all licenses of the Backup Exec System
Recovery product that you are authorized by Symantec to use.
17.3 PRIVACY; DATA
PROTECTION. From time to time, the Licensed Software will
collect certain information from the computer on which it is installed,
which may include:
A. Information collected
through the Licensed Software’s Send Feedback feature possibly including
personal name, company name, e-mail address and phone number. This information
is provided voluntarily by the user after having the opportunity to
read the Licensed Software’s Privacy Statement. This information will
be used to allow a Symantec representative to respond to the user offering
feedback. It will not be correlated with any information unrelated to
the feedback.
B. Other non-personally
identifiable information which is used for product administration and
analysis. This information will not be correlated with any personally
identifiable information.
Symantec may disclose
the collected information if asked to do so by a law enforcement official
as required or permitted by law or in response to a subpoena or other
legal process. 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 Licensed Software, You
acknowledge and agree that Symantec may collect, transmit, store, disclose
and analyze such information for these purposes.
GLB ENT EULA TEMPLATE v1.0Backup Exec System Recovery Solution 8.5_8 15 08
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Biomni FRONT OFFICE End User Licence Agreement
This Biomni End User Licence Agreement (“EULA”) is a legal agreement between the user of the Software which may include but is not limited to an organization, company, partnership or individual that is named upon the purchase order for the Software and is the party that pays for the Software (referred to as "you" or "your" in this EULA) and Biomni, Limited whose principal place of business is at York House, 23 Kingsway, London, WC2B 6UJ, England (“Biomni”) for the licensing of software products from Biomni.
BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE (AS "SOFTWARE" IS DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE WITH THE TERMS OF THIS EULA, DO NOT INSTALL, COPY AND/OR USE THE SOFTWARE. .
YOU HEREBY AGREE THAT THE TERMS AND CONDITIONS OF THIS EULA ARE REASONABLE (INCLUDING BUT NOT LIMITED TO THE EXCLUSIONS AND LIMITATIONS IN THIS EULA) AND THAT YOU HAVE HAD THE OPPORTUNITY TO SEEK LEGAL ADVICE IN RELATION TO AND BEFORE ENTERING INTO THIS EULA AND THAT YOU HAVE ENTERED INTO THIS EULA IN YOUR OWN PERSONAL INTERESTS.
IF YOU ARE A CONSULTANT, FREELANCER OR OTHER THIRD PARTY THAT IS USING THE SOFTWARE FOR OR ON BEHALF OF A CUSTOMER OR ANY OTHER THIRD PARTY THEN YOU MAY ONLY USE THE SOFTWARE FOR THAT CUSTOMER OR THIRD PARTY WITH THE EXPRESS PRIOR WRITTEN CONSENT OF BIOMNI AND ON TERMS THAT ARE SATISFACTORY TO AND APPROVED BY BIOMNI AND YOU MUST ENSURE THAT YOU AND ANY SUCH CUSTOMER COMPLY WITH ALL THE TERMS AND CONDITIONS IN THIS EULA.
NOTHING IN THIS EULA IS (OR IS INTENDED TO) AFFECT YOUR STATUTORY RIGHTS IF YOU ARE DEALING AS A CONSUMER AS DEFINED IN THE SALE OF GOODS ACT 1979 AND/OR THE UNFAIR CONTRACT TERMS ACT 1977 (AS AMENDED AND UPDATED).
1. SOFTWARE AND DOCUMENTATION. “Software” means all and/or any of Biomni's computer programs (or any part of them) that includes but is not limited to software known as and entitled "FRONT OFFICE” AND/OR “DIRECTA” that accompanies or is provided under this EULA, together with the associated media, corresponding Documentation, technical configurations, and technical data. “Documentation” means the end user manual and any other documentation (including print and online), if any, provided to you at any time with the Software. The "Purpose" means using the Software for your own internal business purposes (and not for any commercial purposes such as sale, licensing or otherwise) and using the Software for an actionable service catalogue with self-service request and routing functionality and only such use of the Software that is expressly specified or permitted by Biomni from time to time.
2. LICENCE GRANT. Provided that you comply with all terms and conditions of this EULA, Biomni grants you a non-exclusive, personal, non-transferable licence to use the Software for the Purpose in accordance with and subject to these terms and conditions and the licence Type licensed to you and for no other purposes and this non-exclusive licence is granted for use of the Software only in the country in which the Software is licensed to you. This licence does not extend to or allow you to in any way use the Software for or on behalf of any of your associated, connected, affiliated or group companies or for or on behalf of any third parties and is only granted to you for you personally or the sole use by your organization that subscribes to use the Software. The Software is licensed solely for your personal use or the internal use within your organization; any other use, including for third parties or for any commercial purposes of whatever nature and howsoever arising is expressly prohibited. This licenceshall continue in accordance with and subject to the terms of this EULA and only for so long as Biomni agrees to provide this Software to you. With respect to your internal use of the Software as permitted above in this Section 2, you may permit third party consultants and contractors (such as your third-party supplier(s) of information services) (“authorized users”) to use the Software, provided that (i) all such use is in accordance with the terms and conditions of this EULA, and (2) you assume full responsibility and liability for any use of the Software by such third parties
3. COPIES. You may only make copies of the Software provided that any such copy: (i) is created as an essential step in the utilization of the Software as licensed under this EULA, or (ii) is only for archival purposes to back-up the Software; and where the number of back up copies and their location and purpose for them being created or used is promptly notified to Biomni in writing (in such detail as Biomni may require) from time to time if and when Biomni requests this information. All trademark, copyright, and proprietary rights notices relating to the Software must be faithfully reproduced and included by you on such copies. You may not make any other copies of the Software.
4. OTHER RESTRICTIONS AND YOUR OBLIGATIONS. Biomni reserves all rights not expressly granted to you (including but not limited to all rights, intellectual property rights, title and interest in and relating to the Software). Without limiting the generality of the foregoing, you shall not nor shall you permit any other party to: (i) disassemble, de-compile, reverse engineer, or translate any part of the Software, or otherwise attempt to reconstruct or discover the source of this Software ("Reconstruction"), except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation and provided that you notify Biomni of such Reconstruction activities regarding your use of the Software prior to commencing or permitting such Reconstruction activities, or (ii) modify or create derivative works based upon or having the same or similar look and feel as the Software or copy (in whole or in part) and/or distribute the Software other than as expressly authorized in this EULA, or (iii) externally distribute, sublicense, resell, encumber, or otherwisetransfer this Software, or (iv) rent, lease, lend,or use the Software for timesharing or bureau use, or (v) allow a third party to copy, access, or use the Software (except as expressly provided in Section 2 of this EULA), or (vi) disclose the results of any benchmark test of the Software to a third party without the prior written approval of Biomni, or (vii) take any actions that would cause the Software to become subject to any open source or quasi-open source licence agreement; or (viii) use the Software as part of or in combination with other software where the Software becomes modified, changed or used in any way that is different to the way in which it was originally supplied by Biomni or how Biomni intended the Software to be used by you; or (ix) use the Software in any ways or for any purposes that are not expressly permitted in this EULA.
You must:
(a) promptly provide all such co-operation, assistance and information as Biomni may require from time to time regarding your use of the Software:
(b) promptly comply with all of Biomni's instructions and directions regarding the proper use of the Software;
(c) promptly notify Biomni if there are any defects, problems and/or errors relating to the Software; and
(d) promptly notify Biomni in writing if you receive any complaints and/or claims of any nature regarding your use of Biomni's software from any third parties; and
(e) keep the Software safe and secure at all times and not disclose the Software to any unauthorized third parties and/or any parties that are not subject to the terms and conditions of this EULA; and
(f) not at any time use the Software in any way that is not authorized pursuant to this EULA; and
(g) not combine or mix the Software with any other software (including but not limited to any so called "open source" software) where this may lead to the Software becoming open source software or where this could restrict or limit or adversely affect Biomni's rights, title and interest in relation to the Software; and
(h) allow Biomni (and its nominated representatives) to audit your use of the Software as Biomni deems necessary or desirable (with Biomni acting reasonably) and you will provide Biomni with all such reasonable information, co-operation and assistance as Biomni may require from time to time relating to such audits (including but not limited to access to any premises, equipment, documentation, materials, third parties and/or staff relating to or connected with your use of the Software) PROVIDED THAT such audit shall not occur more than once every 12 months and shall only occur on no less than 10 days prior written notice to youand the general purpose of such an audit would be to ensure that the Software is being used in accordance with the terms and conditions of this Agreement and that the correct fees for use of the Software have been and are being paid to Biomni.
4.1 You acknowledge and accept that Biomni will not be responsible or liable to you in any manner whatsoever in the event that any goods or services ordered by you through the System (or any process in which the Software is used) are defective or not fit for their purpose or in the event that there is any failure to deliver or perform, or delay in the delivery or performance of, such goods or services.
4.2 You further acknowledge and accept that Biomni accepts no responsibility for the contents of the information, contents brochures or catalogues of Suppliers which are displayed on the System and that it is the sole responsibility of You and such Suppliers to ensure the accuracy of such brochures or catalogues.
4.3 You further acknowledge and accept that subject to clause 10 LIMITED WARRANTY, Biomni accepts no responsibility or liability for the contents (or any reliance on the contents) of the information entered into the Software by you, your Suppliers and/or Users and/or any third party which are displayed by the Software and that it is the sole responsibility of you, your Suppliers and/or Users and/or any third parties (as the case may be) to ensure that any information which you/they enter into the Software is accurate, up to date and complete. Furthermore you acknowledge that you must rely on your own skill and judgement when assessing and interpreting data output from the System.
In this clause 4 references to:
(i) the "System" means the system (and/or any part of it) which is used by you or on your behalf or with your authority or permission or knowledge (part of which might include the Software);
(ii)."the Supplier" means any entity that is providing goods and/or services to you by using the System; and
(iii)."Users" means any party that uses the System for or on behalf of you or with your authority or permission or knowledge.
5. OWNERSHIP. You acknowledge that all title and intellectual property (of whatever nature and howsoever arising) in and relating to the Software (including all copies thereof and all modifications, updates, new versions, add ons or changes thereto) are owned by Biomnior its licensor(s), if any. The Software is protected by UK, U.S. and international laws, including without limitation copyright and trademark law and international treaty provisions. The Software is licensed to you, not sold.
6. COPYRIGHTS; TRADE SECRETS. You acknowledge and agree that the structure, sequence, and organization of the Software (including but not limited to any technical configurations, technical data, images, photographs, animations, video, audio, music, and text) are proprietary to Biomni and are the valuable trade secrets of Biomni and its licensors. You agree to hold such trade secrets in confidence. Unless explicitly set forth in a written agreement executed between Biomni and you, you may not remove from the Software or alter any of the trademarks, trade names, logos, patent or copyright notices or markings, or add any other notices or markings to or on the Software.
7. LICENSE. Your right to use the Software is limited in accordance with the terms under which you received the Software. If no period of use is specified, then your right to use the Software shall terminate upon prior written notice to you and at which time you must return or destroy the Software that is in your possession or control. The contents of the Software shall feature such features and benefits as Biomni may (in Biomni's sole discretion) deem appropriate.
Other features and benefits may be available from Biomni from time to time in relation to or in connection with the Software but you will need to pay Biomni the relevant fees in order to receive or be provided with any of these features and benefits. If you pay for these features and benefits then your software licence will be upgraded in order to allow you to receive these features and benefits PROVIDED THAT the terms and conditions relating to the Software in this EULA will continue to apply in relation to any features and benefits relating to the Software that is upgraded or updated.
8. ACTIVATION KEY. The use of the Software may require an“activation key” from Biomni or its authorized reseller. The activation key may be a printable digital key, a non-printable file, or any other mechanism used by Biomni for licence activation purposes. You agree that you will not (and will not attempt to) “hack,” “crack,” or otherwise override or disable or tamper with this activation key.
9. UPDATES. Except as otherwise expressly provided herein, this EULA will govern any Software updates and upgrades that may be provided to you in accordance with Biomni’s then-current maintenance and support policies (including Biomni’s Annual Upgrade Protection program or “AUP” program), unless such updates and upgrades are provided under separate licence agreement. You may use such updates or upgrades only in conjunction with your then-existing Software licensed under this EULA. The Software and all updates and upgrades are licensed as a single product and such updates and upgrades may not be separated from the Software to exceed the scope of your original licence. Any other software that may be provided with the Software that is associated with a separate end-user licence agreement is licensed to you under the terms of that separate licence agreement.
Biomni may make minor modifications and fixes to the Software which Biomni deems to be general and universal minor modifications and fixes that Biomni wishes to apply to all customers and you will not be charged for such minor modifications and fixes but all other changes, new versions, updates, upgrades, modifications and fixes to the Software and any other matters relating to the Software will be charged for by Biomni.. Biomni recommends that you follow Biomni's upgrade/update best practice whereby UAT (user acceptance testing) of a new version is undertaken, within a test environment prior to any upgrade/update being implemented for you. Once the UAT has been successful we then plan the upgrade/update to the production environment.
Biomni's close collaborative approach with you means that we can jointly give careful consideration to all universal upgrades/updates that apply to the Software that Biomni licenses to all of its customers so that you fully understand the feature enhancements that the new version would offer and decide on the new best steps. In some cases, post upgrade/update, a system 'roll-back' to the former version may be possible if certain steps have been taken ahead of the upgrade/update (mainly database back up). Again Biomni's consultants can help you understand this, and all other options, at the time of upgrade/update.
10. LIMITED WARRANTY. If (a) the Software does not substantially conform to its specifications in the Documentation, the physical media accompanying the Software is defective, or if you are dissatisfied with the Software for any reason then you may return the Software to Biomni to at any time (but without any liability on Biomni).. Upon return, this EULA shall terminate immediately and you must immediately cease all use of the Software and remove and erase or cause to be removed and erased all copies of any Software from all computers and storage media and devices within your possession or control or the possession or control of authorized users under Section 2 of this EULA. At Biomni's request, you will certify in writing to Biomni that you have complied with this Section.
Warranties (whether express or implied) shall apply to the Software in respect of remedial action that is carried out pursuant to the terms and conditions of this EULA.
Remedial Action: In the event of the Software being the source of and causing a virus leading to corporate network issues or interruption THEN Biomni will take any necessary steps that Biomni believes are necessary (in Biomni's sole opinion) to address the problem which may comprise of Biomni providing either telephone, e-mail or web based maintenance and/or support services to designated personnel, including without limitation, assisting such personnel in resolving problems, and providing assistance regarding suspected defects or errors in the Software relating to the Software being the source of and causing a virus. Services may be provided during 24 hours a day 7 days a week for e-mail/web/voice notification of support incidents although this service may be varied, changed or withdrawn as Biomni believes is necessary or desirable regarding any such support. YOU AGREE THAT BIOMNI WIILL CHARGE YOU THE FEES THAT BIOMNI NORMALLY CHARGES FOR THE PROVISION BY BIOMNI OF ANY SUPPORT AND/OR MAINTENANCE SERVICES AND YOU WILL NEED TO AGREE THESE CHARGES WITH BIOMNI BEFORE BIOMNI PROVIDES ANY SUPPORT AND/OR MAINTENANCE SERVICES TO YOU IN RELATION TO THE SOFTWARE AND/OR THIS EULA.
Biomni may, as Biomni deems necessary or desirable, prioritize requests by discussing the business impact and use the following guidelines to prioritize its resources:
|
Severity 1 |
System unavailable or severely degraded throughput. Customer’s business endangered. |
|
Severity 2 |
System error with no workaround. Part of the system is malfunctioning and cannot be overcome by other means. |
|
Severity 3 |
Problem or request related to a single user or transaction or any problem or request that has no detrimental effect on the overall operation of the system. |
11. NO OTHER WARRANTIES. EXCEPT AS EXPRESSLY WARRANTED ABOVE IN SECTION 10, THE SOFTWARE IS PROVIDED “AS IS,” WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. ANY EXPRESS WARRANTY MADE OUTSIDE OF THIS EULA IS EXCLUDED AND SUPERCEDED. NEITHER BIOMNINOR ITS LICENSORS, DISTRIBUTORS AND/OR RESELLERS REPRESENT OR WARRANT THAT THE SOFTWARE WILL SATISFY YOUR REQUIREMENTS OR THAT IT IS WITHOUT DEFECT OR ERROR OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR FREE. Some jurisdictions do not allow certain disclaimers or limitations of warranties, so some of these may not apply to you.
12. NON-BIOMNI PRODUCTS. BIOMNI DOES NOT WARRANT OR PROVIDE ANY REPRESENTATIONS REGARDING ANY NON-BIOMNI PRODUCTS OR ANY GOODS AND/OR SERVICES PROVIDED BY ANY THIRD PARTY. ANY SUCH PRODUCTS ARE PROVIDED ON AN “AS-IS” BASIS. ANY WARRANTY SERVICE (IF ANY) FOR NON-BIOMNI PRODUCTS AND/OR GOODS AND/OR SERVICES PROVIDED BY A THIRD PARTY WILL BE PROVIDED BY THE RELEVANT THIRD PARTY AND/OR PRODUCT MANUFACTURER IN ACCORDANCE WITH ANY APPLICABLE THIRD PARTY AND/OR MANUFACTURER’S WARRANTY. ANY DEFECT, PROBLEM OR FAULT IN RELATION TO YOUR USE OF THE SOFTWARE THAT IS CAUSED BY OR ARISES OUT OF ANY USE BY YOU OF ANY NON-BIOMNI PRODUCT AND/OR ANY THIRD PARTY GOODS AND/OR SERVICES SHALL BE YOUR SOLE RESPONSIBILITY AND BIOMNI SHALL NOT BE RESPONSIBLE FOR ANY SUCH DEFECT, PROBLEM OR FAULT.
13. EXCLUSION OF CERTAIN CONSEQUENTIAL AND OTHER DAMAGES. TO THE FULL EXTENT PERMITTED BY LAW, NEITHER BIOMNINOR ITS LICENSORS SHALL IN ANY CASE BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND AND HOWSOEVER ARISING.
14. EXCLUSION OF CERTAIN PARTICULAR TYPES OF LOSSES: TO THE FULL EXTENT PERMITTED BY LAW, NEITHER BIOMNI NOR ITS LICENSORS SHALL BE LIABLE FOR ANY LOSS OF PROFITS (WHETHER DIRECT AND/OR INDIRECT), LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF DATA, LOSS OF OPPORTUNITY, LOSS OF ANTICIPATED SAVINGS, LOSS DUE TO OBTAINING ALTERNATIVE OR REPLACEMENT GOODS AND/OR SERVICES IN RELATION TO THE SOFTWARE, COSTS OF COVER, OR EQUIPMENT DOWNTIME ARISING FROM OR RELATING TO THIS EULA OR THE USE OR INABILITY TO USE THE SOFTWARE, REGARDLESS OF THE FORM OF ACTIONAND EVEN IF BIOMNI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THIS DISCLAIMER OF LIABILITY WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREIN FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY, IN WHICH CASE SOME OF THESE MAY NOT APPLY TO YOU.
15. LIMITATION OF LIABILITY. THE TOTAL MAXIMUM AGGREGATE LIABILITY OF BIOMNIAND/OR ITS LICENSORS ARISING FROM OR RELATING TO THIS EULA OR THE USE OR INABILITY TO USE THE SOFTWARE (REGARDLESS OF THE FORM OF ACTION OR CLAIM, WHETHER CONTRACT, WARRANTY, TORT AND/OR OTHERWISE) SHALL NOT EXCEED THE GREATER OF AN AMOUNT EQUAL TO ALL LICENCE FEES PAID BY YOU TO BIOMNI IN CLEARED FUNDS FOR THE SOFTWARE LICENCE(S) GRANTED HEREUNDER IN THE CALENDAR YEAR IN WHICH THE EVENT(S) GIVING RISE THE LIABILITY OCCURRED OR £50,000 (FIFTY THOUSAND POUNDS STERLING).
16. SOLE REMEDY AND ALLOCATION OF RISK. YOUR SOLE AND EXCLUSIVE REMEDY AND BIOMNI’ SOLE AND EXCLUSIVE LIABILITY ARE SET FORTH IN THIS EULA. This EULA defines a mutually agreed-upon allocation of risk. If you are dealing as a consumer as defined in the Unfair Contract Terms Act 1977 then the terms and conditions of this EULA do not affect your statutory rights.
NOTHING IN THIS EULA EXCLUDES BIOMNI'S LIABILITY (OR THE LIABILITY OF ITS AUTHORISED AGENTS, DISTRIBUTORS AND/OR RESELLERS) FOR ANY DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, FOR ANY FRAUDULENT ACTIVITIES AND/OR FOR ANY EVENTS OR ACTS THAT CANNOT BE LIMITED OR EXCLUDED BY LAW.
ANY CLAIMS, PROCEEDINGS OR ACTIONS OF ANY NATURE BROUGHT BY YOU AGAINST BIOMNI (AND/OR BIOMNI'S AGENTS, DISTRIBUTORS AND/OR RESELLERS) MUST BE MADE IN WRITING AND BROUGHT AGAINST BIOMNI (AND/OR BIOMNI'S AGENTS, DISTRIBUTORS AND/OR RESELLERS) WITHIN ONE YEAR OF THE LATER OF (1) THE DATE THAT THE EVENT GIVING RISE TO THE CLAIMS, PROCEEDINGS OR ACTIONS OCCURRED OR (2) THE DATE UPON WHICH THE INCIDENT WAS DISCOVERED.
17. NOTICE. THE SOFTWARE IS NOT INTENDED OR LICENSED FOR USE IN ANY HAZARDOUS OR HIGH RISK ACTIVITY OR ANY BUSINESS CRITICAL CIRCUMSTANCES.
18. NO SUPPORT. Except as expressly required by applicable law and/or except as expressly agreed in writing between Biomni and you (including but not limited to terms and conditions regarding your payment for Biomni's support services), nothing in this EULA entitles you to any support, maintenance, or new versions of the Software. You may contact Biomni to determine the availability of support, maintenance, and new versions of the Software, and the fees, terms, and conditions that would apply.
19. TAXES. In the event that any withholding, sales, or use taxes, goods and services tax, or other taxes or government fees, assessments, or charges are payable because of this EULA, or any licence of the Software, or because of any payment by you, then you shall pay such taxes, fees, assessments, and charges in addition to all other payments.
20. GOVERNING LAW, VENUE, AND ATTORNEYS’ FEES. This EULA shall be governed by and construed in accordance with the law of England without giving effect to conflict or choice of law principles, and any litigation between the parties arising under this EULA shall be conducted exclusively in the Courts of England PROVIDED THAT Biomnimay make any claims and/or take any legal actions and/or proceedings in any territory or jurisdiction in order to establish, deal with, enforce and/or protect any and/or all of its rights, title and interest in and relating to the Software.. The parties agree to exclude application of the “United Nations Convention on Contracts for the International Sale of Goods” to this EULA. If you acquired the Software in a country outside the United Kingdom then that country’s local laws may also apply. In any action or suit to enforce any right or remedy under this EULA or to interpret any provision of this EULA, the prevailing party will be entitled to recover its fees and costs, including reasonable attorneys’ fees.
21. SEVERABILITY. If any provision in this EULA is invalid or unenforceable or contrary to applicable law, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of this EULA shall remain in effect.
22. TERM AND TERMINATION.
(a) This EULA is effective until terminated. You may terminate this EULA by uninstalling, ceasing to use and returning the Software to Biomni along with all Documentation and original media.
(b) The licenses granted herein shall automatically terminate without notice if you fail to comply with any material provision of this EULA. In such event, you must immediately uninstall, cease to use and return the Software, including all Documentation and original media, to Biomni. This shall not limit or affect any remedy available to Biomni for your breach of this EULA.
(c) Subject to clause 23(b) and without prejudice to Biomni's rights in clause 23(b), Biomni may terminate this EULA forthwith and upon written notice to you at anytime or request that you cease to use the Software and that you comply with such request (and/or return the Software to Biomni at Biomni's request) in any cases where Biomni believes that you are in breach of the terms of this EULA, where Biomni believes that your continued use or dealing with the Software may affect Biomni's rights relating to the Software and/or where your continued use or dealings with the Software may create any liabilities or losses for Biomni where you fail to remedy such breaches to Biomni's satisfaction (with Biomni acting reasonably) promptly upon notice from Biomni and in any event within 10 days of notice being given to you of such breaches.
Biomni may also suspend your use of the Software immediately if Biomni believes (acting reasonably) that your continued use of the Software or any other use by you of the Software may affect Biomni's rights relating to the Software and/or where your continued use or dealings with the Software may create any liabilities or losses for Biomni. Your use of the Software may be re-instated by Biomni following any such suspension if and when Biomni believes that your continued use of the Software will not affect Biomni's rights to the Software and/or will not create any liabilities or losses for Biomni relating to the Software.
23. U.S. GOVERNMENT END USERS. The Software is provided with Restricted Rights. Use, duplication, or disclosure by the United States Government is subject to restrictions applicable to commercial computer software as set forth in the Federal Acquisition Regulations (FAR) §52.227-14 (Jun 1987) Alternate III (June 1987), FAR § 52.227-19 (June 1987), or DFARS § 252.227-7013 (b)(3) (Nov 1995) or applicable successor provisions. Use of the Software by the U.S. Government constitutes acknowledgment of Biomni’ proprietary rights therein. Manufacturer is Biomni, Limited with the address above.
24. EXPORT LAWS.You acknowledge that the Software is subject to applicable import and export regulations of the United States and of the countries in which you do business. It is your responsibility to comply with the United States and other countries’ government requirements as they may be amended from time to time. Without limiting the generality of the foregoing, and regardless of any disclosure made by you to Biomni regarding an ultimate destination of the Software, you shall not export, re-export, transfer, divert, or disclose (directly or indirectly) the Softwareor any portion thereof to any country in violation of U.S. export laws or regulations or any other law, regulation, or government order. Note that Software containing encryption may be subject to additional restrictions.
25. CONSTRUCTION.No rule of strict construction shall apply against or in favor of either party in the construction and interpretation of this EULA.
26. ASSIGNMENT. You shall not assign, sublicense, or transfer this EULA, the Software, or all and/or any rights and/or obligations hereunder (or any part thereof) without prior express written consent of Biomni. Any such attempted assignment, sublicense, or transfer will be null and void. Biomni may terminate this EULA in the event of any such attempted assignment, sublicense, or transfer.
27. ENTIRE AGREEMENT. This EULA sets forth the entire understanding and agreement between the parties relating to its subject matter and supersedes all prior agreements, understandings, warranties, representations and/or any other assurances (whether in writing or otherwise). This EULA may be amended only in a writing signed by both parties. Any waiver of or promise not to enforce any right under this EULA shall not be enforceable unless evidenced by a writing signed by the party making said waiver or promise. ANY TERMS AND CONDITIONS OF ANY PURCHASE ORDER OR OTHER DOCUMENT SUBMITTED BY YOU IN CONNECTION WITH THE SOFTWARE THAT ARE IN ADDITION TO, DIFFERENT FROM, OR INCONSISTENT WITH THE TERMS AND CONDITIONS OF THIS EULA ARE NOT BINDING ON BIOMNI AND/OR ITS LICENSORS, DISTRIBUTORS AND/OR RESELLERS AND ARE INEFFECTIVE. NO VENDOR, DISTRIBUTOR, DEALER, RETAILER, SALES PERSON, OR OTHER PERSON IS AUTHORIZED BY BIOMNI TO MODIFY THIS EULA OR TO MAKE ANY WARRANTY, REPRESENTATION, OR PROMISE THAT IS DIFFERENT THAN OR IN ADDITION TO THE WARRANTIES, REPRESENTATIONS, OR PROMISES EXPRESSLY SET FORTH IN THIS EULA.
YOU AGREE THAT YOU ARE NOT RELYING UPON ANY AGREEMENTS, UNDERSTANDINGS, TERM SHEETS, REPRESENTATIONS AND/OR WARRANTIES (WHETHER IN WRITING OR OTHERWISE) AND/OR COURSES OF TRADE OR BUSINESS WHICH HAVE NOT BEEN EXPRESSLY SET OUT IN WRITING IN THIS EULA.
27. PAYMENT: THE PAYMENT TERMS RELATING TO YOUR USE OF THE SOFTWARE SHALL BE AGREED BETWEEN YOU AND BIOMNI TOGETHER WITH THE TERM OF THIS EULA.
27.1 Any sums of money owing to Biomni under this Agreement will be paid by you to Biomni as agreed between you and Biomni.
27.2 If any payment to Biomni is delayed, then Biomni will notify you of this in writing, providing a copy of the relevant invoice and if you fail to pay the invoice within 10 working days of receiving Biomni's notice then the Biomni shall (without any liability upon Biomni) be entitled to:
(a) terminate your licence to use the Software and cease to provide any maintenance and/or support services;
(b) suspend your licence to use the Software and your use of the Software until such monies which are due, owing or payable are paid to Biomni and to Biomni's reasonable satisfaction; and/or
(c) charge default interest. Default interest on the amount of the delayed payment will run for the period of the delay and it will be calculated at a rate of interest equal to four (4) per cent per annum above the published Royal Bank of Scotland base rate from time to time.
27.3 The fees and any additional charges payable under this Agreement for your licensing and use of the Software are exclusive of valued added tax which will be paid by you, as appropriate, at the rate for the time being required by law provided that a valid VAT invoice has been received by you.
27.4 Each of the annual licence fee and maintenance fee shall be increased on each anniversary of this Agreement by no more than 10%.
27.5 You shall not in any circumstances set off, withhold or not pay (whether under contract, general law or otherwise) any fees and/or charges which may be due, owing or payable to Biomni by you in relation to your licensing of and/or use of the Software. If you have any claims against Biomni in relation to this EULA then you agree to make any claims under this EULA and not set-off (whether under contract, general law or otherwise) any monies which are due, owing or payable to Biomni against any monies. losses and/or damages which you believe are due, owing or payable to you in relation to or in connection with your licensing and/or use of the Software.
28. AUDIT – Biomni may audit your use of the Software from time to time to ensure that you are complying with the terms and conditions of this EULA. Such audit may be conducted by Biomni upon no less than 7 days prior written notice to you. Biomni may also add or incorporate software into the Software which may restrict content or features that relate to the Software and/or which may from time to time notify Biomni of your use of the Software, including but not limited to where your use of the Software exceeds the number of current licences that you have to use the Software.
LICENCE TYPES
The Licence Type purchased by you determines the Licence rights granted to you under this EULA. The Licence Type that you have for use of the Software is Seat Licence and the nature and scope of this licence is explained below.
Seat Licence - Under the terms of a Seat Licence you may use the Software for an aggregate number of seats within your organization not to exceed the sum of your licensed seat count. A “Seat” is a named individual that is capable of generating requests or having requests generated on his or her behalf by a different user. You will keep an accurate, up to date and complete written record (in a format and in such detail as Biomni may require) of the numbers of Seats and users accessing and using the Software and promptly provide this record to Biomni at Biomni's request.
]]>
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
OPENING THE LICENSED SOFTWARE PACKAGE, BREAKING THE LICENSED SOFTWARE SEAL,
CLICKING THE “I AGREE” OR “YES” BUTTON, OR OTHERWISE INDICATING ASSENT
ELECTRONICALLY, OR LOADING THE LICENSED SOFTWARE 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 FURTHER USE OF THE LICENSED
SOFTWARE. UNLESS OTHERWISE DEFINED HEREIN, CAPITALIZED TERMS WILL HAVE THE
MEANING GIVEN IN THE “DEFINITIONS” SECTION OF THIS LICENSE AGREEMENT AND SUCH
CAPITALIZED TERMS MAY BE USED IN THE SINGULAR OR IN THE PLURAL, AS THE CONTEXT
REQUIRES.
1. DEFINITIONS.
“Content
Updates”
means content used by certain Symantec products which is updated from time to
time, including but not limited to: updated anti-spyware definitions for
anti-spyware products; updated antispam rules for antispam products; updated
virus definitions for antivirus and crimeware products; updated URL lists for
content filtering and antiphishing products; updated firewall rules for
firewall products; updated intrusion detection data for intrusion detection
products; updated lists of authenticated web pages for website authentication
products; updated policy compliance rules for policy compliance products; and updated
vulnerability signatures for vulnerability assessment products.
“Documentation” means the user documentation
Symantec provides with the Licensed Software.
“License
Instrument”
means one or more of the following applicable documents which further defines
Your license rights to the Licensed Software: a Symantec license certificate or
a similar license document issued by Symantec, or a written agreement between
You and Symantec, that accompanies, precedes or follows this License Agreement.
“Licensed
Software”
means the Symantec software product, in object code form, accompanying this
License Agreement, including any Documentation included in, or provided for use
with, such software or that accompanies this License Agreement.
“Support
Certificate”
means the certificate sent by Symantec confirming Your purchase of the applicable
Symantec maintenance/support for the Licensed Software.
“Upgrade” means any version of
the Licensed Software that has been released to the public and which replaces
the prior version of the Licensed Software on Symantec’s price list pursuant to
Symantec’s then-current upgrade policies.
“Use Level” means the license use
meter or model (which may include operating
system, hardware system, application or machine tier limitations, if
applicable) by which Symantec measures, prices and licenses the right to
use the Licensed Software, in effect at the time an order is placed for such
Licensed Software, as indicated in this License Agreement and the applicable
License Instrument.
2. LICENSE GRANT. Subject to Your compliance with the terms and
conditions of this License Agreement, Symantec grants to You the following
rights: (i) a non-exclusive, non-transferable (except as stated otherwise in
Section 16.1) license to use the Licensed Software solely in support of Your
internal business operations in the quantities and at the Use Levels described
in this License Agreement and the applicable License Instrument; and (ii) the
right to make a single uninstalled copy
of the Licensed Software for archival purposes which You may use and install
for disaster-recovery purposes (i.e. where the primary installation of the
Licensed Software becomes unavailable for use).
2.1 TERM. The term
of the Licensed Software license granted under this License Agreement shall be perpetual
(subject to Section 14) unless stated otherwise in Section 17 or unless You have obtained the Licensed
Software on a non-perpetual basis, such
as, under a subscription or term-based license for the period of time indicated
on the applicable License Instrument. If You have obtained the Licensed
Software on a non-perpetual basis, Your rights to use such Licensed Software shall
end on the applicable end date as indicated on the applicable License
Instrument and You shall cease use of the Licensed Software as of such
applicable end date.
3. 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; (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; (v) use of the Licensed Software by any party other than You; (vi) use of
a later version of the Licensed Software other than the version that
accompanies this License Agreement unless You have separately acquired the
right to use such later version through a License Instrument or Support Certificate;
nor (vii) use of the Licensed Software above the quantity and Use Level that
have been licensed to You under this License Agreement or the applicable
License Instrument.
4. OWNERSHIP/TITLE. The Licensed Software
is the proprietary property of Symantec or its licensors and is protected by
copyright law. 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.
5. CONTENT UPDATES. If You purchase a
Symantec maintenance/support offering consisting of or including Content
Updates, as indicated on Your Support Certificate, You are granted the right to
use, as part of the Licensed Software, such Content Updates as and when they
are made generally available to Symantec’s end user customers who have
purchased such maintenance/support offering and for such period of time as
indicated on the face of the applicable Support Certificate. This License Agreement
does not otherwise permit You to obtain and use Content Updates.
6. UPGRADES/CROSS-GRADES. Symantec reserves the right to require
that any upgrades (if any) of the Licensed Software may only be obtained in a
quantity equal to the number indicated on the applicable License Instrument. An
upgrade to an existing license shall not be deemed to increase the number of
licenses which You are authorized to use. Additionally, if You upgrade a Licensed
Software license, or purchase a Licensed Software license listed on the
applicable License Instrument to cross-grade an existing license (i.e. to
increase its functionality, and/or transfer it to a new operating system,
hardware tier or licensing meter), then Symantec issues the applicable Licensed
Instrument based on the understanding that You agree to cease using the
original license. Any such license upgrade or cross-grade is provided under
Symantec's policies in effect at the time of order. This License Agreement does
not separately license You for additional licenses beyond those which You have
purchased, and which have been authorized by Symantec as indicated on the
applicable License Instrument.
7. LIMITED WARRANTY.
7.1. MEDIA WARRANTY. If Symantec provides the
Licensed Software to You on tangible media, Symantec warrants that the magnetic
media upon which the Licensed Software is recorded will not be defective under
normal use, for a period of ninety (90) days from delivery. Symantec will
replace any defective media returned to Symantec within the warranty period at
no charge to You. The above warranty is inapplicable in the event the Licensed
Software media becomes defective due to unauthorized use of the Licensed
Software. THE FOREGOING IS YOUR SOLE AND
EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
7.2. PERFORMANCE WARRANTY. Symantec warrants
that the Licensed Software, as delivered by Symantec and when used in
accordance with the Documentation, will substantially conform to the
Documentation for a period of ninety (90) days from delivery. If the Licensed
Software does not comply with this warranty and such non-compliance is reported
by You to Symantec within the ninety (90) day warranty period, Symantec will do
one of the following, selected at Symantec’s reasonable discretion: either (i)
repair the Licensed Software, (ii) replace the Licensed Software with software
of substantially the same functionality, or (iii) terminate this License
Agreement and refund the relevant license fees paid for such non-compliant
Licensed Software. The above warranty specifically excludes defects resulting
from accident, abuse, unauthorized repair, modifications or enhancements, or
misapplication. THE FOREGOING IS YOUR
SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
8. WARRANTY DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE warranties
set forth in sections 7.1 and 7.2 are YOUR exclusive warranties AND ARE IN LIEU OF ALL
OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. SYMANTEC MAKES NO WARRANTIES OR REPRESENTATIONS THAT
THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES WILL MEET YOUR REQUIREMENTS
OR THAT OPERATION OR USE OF THE LICENSED SOFTWARE, CONTENT UPDATES, AND
UPGRADES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU MAY HAVE OTHER WARRANTY RIGHTS,
WHICH MAY VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
9. 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 OR
ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY
COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF
PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION,
LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR
ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL,
CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR
INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS,
SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL
SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING
RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR
LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE
OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE
DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR
NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.
10. MAINTENANCE/SUPPORT. Symantec has no
obligation under this License Agreement to provide maintenance/support for the
Licensed Software. Any maintenance/support purchased for the Licensed Software
is subject to Symantec’s then-current maintenance/support policies.
11. SOFTWARE EVALUATION. If the Licensed
Software is provided to You for evaluation purposes and You have an evaluation
agreement with Symantec for the Licensed Software, Your rights to evaluate the
Licensed Software will be pursuant to the terms of such evaluation agreement.
If You do not have an evaluation agreement with Symantec for the Licensed
Software and if You are provided the Licensed Software for evaluation purposes, the following terms and conditions shall
apply. Symantec
grants to You a nonexclusive, temporary, royalty-free, non-assignable license
to use the Licensed Software solely for internal non-production evaluation. Such
evaluation license shall terminate (i) on the end date of the pre-determined
evaluation period, if an evaluation period is pre-determined in the Licensed
Software or (ii) sixty (60) days from the date of Your initial installation of
the Licensed Software, if no such evaluation period is pre-determined in the
Licensed Software (“Evaluation Period”). The Licensed Software may not be transferred and is provided “AS
IS” without warranty of any kind. You are solely responsible to take
appropriate measures to back up Your system and take other measures to prevent
any loss of files or data. The Licensed Software may contain an automatic
disabling mechanism that prevents its use after a certain period of time. Upon
expiration of the Licensed Software Evaluation Period, You will cease use of
the Licensed Software and destroy all copies of the Licensed Software. All
other terms and conditions of this License Agreement shall otherwise apply to
Your evaluation of the Licensed Software as permitted herein.
12.
13. 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
14. TERMINATION. This License Agreement shall terminate upon Your breach of any term
contained herein. Upon termination, You shall immediately stop using and
destroy all copies of the Licensed Software.
15. SURVIVAL. The following provisions of
this License Agreement survive termination of this License Agreement: Definitions,
License Restrictions and any other restrictions on use of intellectual property,
Ownership/Title, Warranty Disclaimers, Limitation of Liability, U.S. Government
Restricted Rights, Export Regulation, Survival, and General.
16. GENERAL.
16.1. ASSIGNMENT. 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.
16.2. COMPLIANCE WITH APPLICABLE LAW. You
are solely responsible for Your compliance with, and You agree to comply with,
all applicable laws, rules, and regulations in connection with Your use of the
Licensed Software.
16.3. AUDIT. An auditor, selected by Symantec
and reasonably acceptable to You, may, upon reasonable notice and during normal
business hours, but not more often than once each year, inspect Your records
and deployment in order to confirm that Your use of the Licensed Software
complies with this License Agreement and the applicable License Instrument.
Symantec shall bear the costs of any such audit, except where the audit
demonstrates that the Manufacturer’s Suggested Reseller Price (MSRP) value of
Your non-compliant usage exceeds five percent (5%) of the MSRP value of Your
compliant deployments. In such case, in addition to purchasing appropriate
licenses for any over-deployed Licensed Software, You shall reimburse Symantec
for the auditor’s reasonable actual fees for such audit.
16.4. GOVERNING
LAW; SEVERABILITY; WAIVER. If You are located
in North America or Latin America, this License Agreement will be governed by
the laws of the State of
16.5. 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.
16.6. CUSTOMER SERVICE.
Should You have any questions concerning this License Agreement, or if You
desire to contact Symantec for any reason, please write to: (i) Symantec Enterprise
Customer Care, 555 International Way,
16.7. ENTIRE AGREEMENT. This License Agreement and any related License
Instrument are the complete and exclusive agreement between You and Symantec
relating to the Licensed Software and supersede any previous or contemporaneous
oral or written communications, proposals, and representations with respect to
its subject matter. This License Agreement prevails over any conflicting
or additional terms of any purchase order, ordering document, acknowledgement
or confirmation or other document issued by You, even if signed and returned. This License Agreement may only be modified by a
License Instrument that accompanies or follows this License Agreement.
17. ADDITIONAL
TERMS AND CONDITIONS. Your
use of the Licensed Software is subject to the terms and conditions below in
addition to those stated above.
A. License Certificate includes a written
communication issued by Symantec confirming Your license of the Licensed
Software and that accompanies, precedes or follows this License Agreement.
B. Maintenance Certificate includes a written
communication issued by Symantec confirming Your maintenance/support for the
Licensed Software and that accompanies, precedes or follows this License
Agreement.
17.1 Node
License. Under the terms of a Node
License, you may use the Licensed Software to manage an aggregate number of
Nodes within your organization not to exceed the sum of your licensed nodal
count. A “Node” is any asset under
management by the Licensed Software. An
asset is: (a) a physical device such as a computer, PDA, or server, (b) a
virtual device, such as an operating environment that may be running
concurrently with another operating environment on a single physical device
(e.g., VMware*, Virtual PC*, Virtual Server*), or (c) an object stored by the Licensed
Software in a database, such object representing a physical or virtual asset
for which data is being tracked or managed by the Licensed Software (e.g.,
printer, copier, etc.). A Node License will be deemed consumed for a particular
Licensed Software product once an asset (as defined above) has been managed by
a particular Software product. An asset has been managed by a particular Licensed
Software product once the Licensed Software product has (i) been run locally on
an asset, (ii) remotely interacted with and/or received a response from an
asset, (iii) configured or changed a setting of or migrated settings to or from
an asset, or (iv) otherwise performed any management functionality that such
particular Licensed Software product has been designed to perform with respect
to an asset. You must purchase a sufficient number of Node Licenses to cover
all Node Licenses consumed by a particular Licensed Software product.
If
the Licensed Software provided is the Altiris Dell Client Manager v 3.0, the
following terms shall be applicable notwithstanding anything to the contrary in
this Agreement:
17.2 WARRANTY DISCLAIMERS. THE
LICENSED SOFTWARE IS PROVIDED “AS IS”. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, THE warranties set
17.3 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 OR ITS
LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF
PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS,
LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF
PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR
ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL,
INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF
THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS
OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL
SYMANTEC’S AGGREGATE LIABILITY EXCEED THE AMOUNT OF FIVE HUNDRED DOLLARS USD
($500.00 USD) UDER ANY THOERY OF LAW OR EQUITY. NOTHING IN THIS AGREEMENT SHALL
OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU ANY LIABILITY
WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET
GLB
ENT EULA TEMPLATE v1.0_Altiris Dell Client Manager v3.0 052208
THIS SYMANTEC SOFTWARE LICENSE AGREEMENT GOVERNS YOUR USE OF THE PROPRIETARY SOFTWARE PROGRAM(S) FROM SYMANTEC CORPORATION. IF YOU CHOOSE TO INSTALL AND USE THE LINUX KERNEL COMPONENT, A SEPARATE LICENSE AGREEMENT WILL GOVERN YOUR USE OF THAT COMPONENT AND THE SYMANTEC SOFTWARE LICENSE AGREEMENT SET FORTH BELOW DOES NOT APPLY. THAT COMPONENT IS PROVIDED UNDER AND SUBJECT TO THE TERMS OF THE GNU GENERAL PUBLIC LICENSE, VERSION 2.0, THE TEXT OF WHICH FOLLOWS THE SYMANTEC SOFTWARE LICENSE AGREEMENT BELOW. SYMANTEC SOFTWARE LICENSE AGREEMENT
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 OPENING THE LICENSED SOFTWARE PACKAGE, BREAKING THE LICENSED SOFTWARE SEAL, CLICKING THE �I AGREE� OR �YES� BUTTON, OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR LOADING THE LICENSED SOFTWARE 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 FURTHER USE OF THE LICENSED SOFTWARE. UNLESS OTHERWISE DEFINED HEREIN, CAPITALIZED TERMS WILL HAVE THE MEANING GIVEN IN THE �DEFINITIONS� SECTION OF THIS LICENSE AGREEMENT AND SUCH CAPITALIZED TERMS MAY BE USED IN THE SINGULAR OR IN THE PLURAL, AS THE CONTEXT REQUIRES.
1. DEFINITIONS.�Content Updates� means content used by certain Symantec products which is updated from time to time, including but not limited to: updated anti-spyware definitions for anti-spyware products; updated antispam rules for antispam products; updated virus definitions for antivirus and crimeware products; updated URL lists for content filtering and antiphishing products; updated firewall rules for firewall products; updated intrusion detection data for intrusion detection products; updated lists of authenticated web pages for website authentication products; updated policy compliance rules for policy compliance products; and updated vulnerability signatures for vulnerability assessment products.
�Documentation� means the user documentation Symantec provides with the Licensed Software.
�License Instrument� means one or more of the following applicable documents which further defines Your license rights to the Licensed Software: a Symantec license certificate or a similar license document issued by Symantec, or a written agreement between You and Symantec, that accompanies, precedes or follows this License Agreement.
�Licensed Software� means the Symantec software product, in object code form, accompanying this License Agreement, including any Documentation included in, or provided for use with, such software or that accompanies this License Agreement.
�Support Certificate� means the certificate sent by Symantec confirming Your purchase of the applicable Symantec maintenance/support for the Licensed Software.
�Upgrade� means any version of the Licensed Software that has been released to the public and which replaces the prior version of the Licensed Software on Symantec�s price list pursuant to Symantec�s then-current upgrade policies.
�Use Level� means the license use meter or model (which may include operating system, hardware system, application or machine tier limitations, if applicable) by which Symantec measures, prices and licenses the right to use the Licensed Software, in effect at the time an order is placed for such Licensed Software, as indicated in this License Agreement and the applicable License Instrument.
2. LICENSE GRANT. Subject to Your compliance with the terms and conditions of this License Agreement, Symantec grants to You the following rights: (i) a non-exclusive, non-transferable (except as stated otherwise in Section 16.1) license to use the Licensed Software solely in support of Your internal business operations in the quantities and at the Use Levels described in this License Agreement and the applicable License Instrument; and (ii) the right to make a single uninstalled copy of the Licensed Software for archival purposes which You may use and install for disaster-recovery purposes (i.e. where the primary installation of the Licensed Software becomes unavailable for use).
2.1 TERM. The term of the Licensed Software license granted under this License Agreement shall be perpetual (subject to Section 14) unless stated otherwise in Section 17 or unless You have obtained the Licensed Software on a non-perpetual basis, such as, under a subscription or term-based license for the period of time indicated on the applicable License Instrument. If You have obtained the Licensed Software on a non-perpetual basis, Your rights to use such Licensed Software shall end on the applicable end date as indicated on the applicable License Instrument and You shall cease use of the Licensed Software as of such applicable end date.
3. 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; (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; (v) use of the Licensed Software by any party other than You; (vi) use of a later version of the Licensed Software other than the version that accompanies this License Agreement unless You have separately acquired the right to use such later version through a License Instrument or Support Certificate; nor (vii) use of the Licensed Software above the quantity and Use Level that have been licensed to You under this License Agreement or the applicable License Instrument.
4. OWNERSHIP/TITLE. The Licensed Software is the proprietary property of Symantec or its licensors and is protected by copyright law. 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.
5. CONTENT UPDATES. If You purchase a Symantec maintenance/support offering consisting of or including Content Updates, as indicated on Your Support Certificate, You are granted the right to use, as part of the Licensed Software, such Content Updates as and when they are made generally available to Symantec�s end user customers who have purchased such maintenance/support offering and for such period of time as indicated on the face of the applicable Support Certificate. This License Agreement does not otherwise permit You to obtain and use Content Updates.
6. UPGRADES/CROSS-GRADES. Symantec reserves the right to require that any upgrades (if any) of the Licensed Software may only be obtained in a quantity equal to the number indicated on the applicable License Instrument. An upgrade to an existing license shall not be deemed to increase the number of licenses which You are authorized to use. Additionally, if You upgrade a Licensed Software license, or purchase a Licensed Software license listed on the applicable License Instrument to cross-grade an existing license (i.e. to increase its functionality, and/or transfer it to a new operating system, hardware tier or licensing meter), then Symantec issues the applicable Licensed Instrument based on the understanding that You agree to cease using the original license. Any such license upgrade or cross-grade is provided under Symantec's policies in effect at the time of order. This License Agreement does not separately license You for additional licenses beyond those which You have purchased, and which have been authorized by Symantec as indicated on the applicable License Instrument.
7. LIMITED WARRANTY.
7.1. MEDIA WARRANTY. If Symantec provides the Licensed Software to You on tangible media, Symantec warrants that the magnetic media upon which the Licensed Software is recorded will not be defective under normal use, for a period of ninety (90) days from delivery. Symantec will replace any defective media returned to Symantec within the warranty period at no charge to You. The above warranty is inapplicable in the event the Licensed Software media becomes defective due to unauthorized use of the Licensed Software. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC�S BREACH OF THIS WARRANTY.
7.2. PERFORMANCE WARRANTY. Symantec warrants that the Licensed Software, as delivered by Symantec and when used in accordance with the Documentation, will substantially conform to the Documentation for a period of ninety (90) days from delivery. If the Licensed Software does not comply with this warranty and such non-compliance is reported by You to Symantec within the ninety (90) day warranty period, Symantec will do one of the following, selected at Symantec�s reasonable discretion: either (i) repair the Licensed Software, (ii) replace the Licensed Software with software of substantially the same functionality, or (iii) terminate this License Agreement and refund the relevant license fees paid for such non-compliant Licensed Software. The above warranty specifically excludes defects resulting from accident, abuse, unauthorized repair, modifications or enhancements, or misapplication. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC�S BREACH OF THIS WARRANTY.
8. WARRANTY DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WARRANTIES SET FORTH IN SECTIONS 7.1 AND 7.2 ARE YOUR EXCLUSIVE WARRANTIES AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. SYMANTEC MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OR USE OF THE LICENSED SOFTWARE, CONTENT UPDATES, AND UPGRADES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU MAY HAVE OTHER WARRANTY RIGHTS, WHICH MAY VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
9. 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 OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC�S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC�S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.
10. MAINTENANCE/SUPPORT. Symantec has no obligation under this License Agreement to provide maintenance/support for the Licensed Software. Any maintenance/support purchased for the Licensed Software is subject to Symantec�s then-current maintenance/support policies.
11. SOFTWARE EVALUATION. If the Licensed Software is provided to You for evaluation purposes and You have an evaluation agreement with Symantec for the Licensed Software, Your rights to evaluate the Licensed Software will be pursuant to the terms of such evaluation agreement. If You do not have an evaluation agreement with Symantec for the Licensed Software and if You are provided the Licensed Software for evaluation purposes, the following terms and conditions shall apply. Symantec grants to You a nonexclusive, temporary, royalty-free, non-assignable license to use the Licensed Software solely for internal non-production evaluation. Such evaluation license shall terminate (i) on the end date of the pre-determined evaluation period, if an evaluation period is pre-determined in the Licensed Software or (ii) sixty (60) days from the date of Your initial installation of the Licensed Software, if no such evaluation period is pre-determined in the Licensed Software (�Evaluation Period�). The Licensed Software may not be transferred and is provided �AS IS� without warranty of any kind. You are solely responsible to take appropriate measures to back up Your system and take other measures to prevent any loss of files or data. The Licensed Software may contain an automatic disabling mechanism that prevents its use after a certain period of time. Upon expiration of the Licensed Software Evaluation Period, You will cease use of the Licensed Software and destroy all copies of the Licensed Software. All other terms and conditions of this License Agreement shall otherwise apply to Your evaluation of the Licensed Software as permitted herein.
12. U.S. GOVERNMENT RESTRICTED RIGHTS. The Licensed 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 Licensed Software - Restricted Rights" and DFARS 227.7202, �Rights in Commercial Computer Licensed Software or Commercial Computer Licensed Software Documentation�, as applicable, and any successor regulations. Any use, modification, reproduction release, performance, display or disclosure of the Licensed Software by the U.S. Government shall be solely in accordance with the terms of this License Agreement.
13. 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. All Symantec products, including the Controlled Technology are prohibited for export or re-export to Cuba, North Korea, Iran, Syria and Sudan and to any country subject to relevant trade sanctions. You hereby agree that You will not export or sell any Controlled Technology for use in connection with chemical, biological, or nuclear weapons, or missiles, drones or space launch vehicles capable of delivering such weapons.
14. TERMINATION. This License Agreement shall terminate upon Your breach of any term contained herein. Upon termination, You shall immediately stop using and destroy all copies of the Licensed Software.
15. SURVIVAL. The following provisions of this License Agreement survive termination of this License Agreement: Definitions, License Restrictions and any other restrictions on use of intellectual property, Ownership/Title, Warranty Disclaimers, Limitation of Liability, U.S. Government Restricted Rights, Export Regulation, Survival, and General.
16. GENERAL.
16.1. ASSIGNMENT. 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.
16.2. COMPLIANCE WITH APPLICABLE LAW. You are solely responsible for Your compliance with, and You agree to comply with, all applicable laws, rules, and regulations in connection with Your use of the Licensed Software.
16.3. AUDIT. An auditor, selected by Symantec and reasonably acceptable to You, may, upon reasonable notice and during normal business hours, but not more often than once each year, inspect Your records and deployment in order to confirm that Your use of the Licensed Software complies with this License Agreement and the applicable License Instrument. Symantec shall bear the costs of any such audit, except where the audit demonstrates that the Manufacturer�s Suggested Reseller Price (MSRP) value of Your non-compliant usage exceeds five percent (5%) of the MSRP value of Your compliant deployments. In such case, in addition to purchasing appropriate licenses for any over-deployed Licensed Software, You shall reimburse Symantec for the auditor�s reasonable actual fees for such audit.
16.4. GOVERNING LAW; SEVERABILITY; WAIVER. 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.
16.5. 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.
16.6. CUSTOMER SERVICE. Should You have any questions concerning this License Agreement, or if You desire to contact Symantec for any reason, please write to: (i) Symantec Enterprise Customer Care, 555 International Way, Springfield, Oregon 97477, U.S.A., (ii) Symantec Enterprise Customer Care Center, PO BOX 5689, Dublin 15, Ireland, or (iii) Symantec Enterprise Customer Care, 1 Julius Ave, North Ryde, NSW 2113, Australia.
16.7. ENTIRE AGREEMENT. This License Agreement and any related License Instrument are the complete and exclusive agreement between You and Symantec relating to the Licensed Software and supersede any previous or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter. This License Agreement prevails over any conflicting or additional terms of any purchase order, ordering document, acknowledgement or confirmation or other document issued by You, even if signed and returned. This License Agreement may only be modified by a License Instrument that accompanies or follows this License Agreement.
17. ADDITIONAL TERMS AND CONDITIONS. Your use of the Licensed Software is subject to the terms and conditions below in addition to those stated above.
17.1 Definitions.
A. �License Certificate� includes a written communication issued by Symantec confirming Your license of the Licensed Software and that accompanies, precedes or follows this License Agreement.
B. �Maintenance Certificate� includes a written communication issued by Symantec confirming Your maintenance/support for the Licensed Software and that accompanies, precedes or follows this License Agreement.
17.2 Node License. Under the terms of a Node License, you may use the Licensed Software to manage an aggregate number of Nodes within your organization not to exceed the sum of your licensed nodal count. A �Node� is any asset under management by the Licensed Software. An asset is: (a) a physical device such as a computer, PDA, or server, (b) a virtual device, such as an operating environment that may be running concurrently with another operating environment on a single physical device (e.g., VMware*, Virtual PC*, Virtual Server*), or (c) an object stored by the Licensed Software in a database, such object representing a physical or virtual asset for which data is being tracked or managed by the Licensed Software (e.g., printer, copier, etc.). A Node License will be deemed consumed for a particular Licensed Software product once an asset (as defined above) has been managed by a particular Licensed Software product. An asset has been managed by a particular Licensed Software product once the Licensed Software product or portion of the Licensed Software product such as an agent has (i) been run locally on an asset, (ii) remotely interacted with and/or received a response from an asset, (iii) configured or changed a setting of or migrated settings to or from an asset, (iv) participated in the creation or deployment of a disk image or (v) otherwise performed any management functionality that such particular Licensed Software product has been designed to perform with respect to an asset. You must purchase a sufficient number of Node Licenses to cover all Node Licenses consumed by a particular Licensed Software product.
17.3 Microsoft WAIK. If the Licensed Software You have licensed includes the Microsoft Window Automated Installation Kit (the �Component�), the following uses and restrictions apply to the Component:
A. The Component contains Windows� software licensed from Microsoft Corporation. Microsoft Corporation has no liability to You for the Component. Any support for the Component will be provided by Symantec in accordance with Symantec�s then-current support guidelines.
B. Notwithstanding any other term of this Agreement, the Component is provided without warranty of any kind whatsoever and is licensed �As Is.�
Windows� is a registered trademark of Microsoft Corporation.
17.4 Linux Kernel. The Linux Kernel component is not governed by this License Agreement. If you choose to install and use the Linux Kernel, your use of that component will be subject to and governed by the terms of a separate license agreement, the GNU General Public License, version 2.0, reproduced below.
17.5 PRIVACY; DATA PROTECTION. From time to time, the Software may collect certain information from the computer on which it is installed, which may include system and storage configuration data including system IP addresses, and other general, statistical information for product administration and analysis, and for improving product functionality. This information is collected and stored on Your system and is not transmitted externally without first obtaining Your consent.
GLB ENT EULA TEMPLATE v1.0_Altiris Deployment Solution v7.1_11.12.09
]]>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
OPENING THE LICENSED SOFTWARE PACKAGE, BREAKING THE LICENSED SOFTWARE SEAL,
CLICKING THE “I AGREE” OR “YES” BUTTON, OR OTHERWISE INDICATING ASSENT
ELECTRONICALLY, OR LOADING THE LICENSED SOFTWARE 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 FURTHER USE OF THE LICENSED
SOFTWARE. UNLESS OTHERWISE DEFINED HEREIN, CAPITALIZED TERMS WILL HAVE THE
MEANING GIVEN IN THE “DEFINITIONS” SECTION OF THIS LICENSE AGREEMENT AND SUCH
CAPITALIZED TERMS MAY BE USED IN THE SINGULAR OR IN THE PLURAL, AS THE CONTEXT
REQUIRES.
1. DEFINITIONS.
“Content
Updates”
means content used by certain Symantec products which is updated from time to
time, including but not limited to: updated anti-spyware definitions for
anti-spyware products; updated antispam rules for antispam products; updated
virus definitions for antivirus and crimeware products; updated URL lists for
content filtering and antiphishing products; updated firewall rules for
firewall products; updated intrusion detection data for intrusion detection
products; updated lists of authenticated web pages for website authentication
products; updated policy compliance rules for policy compliance products; and updated
vulnerability signatures for vulnerability assessment products.
“Documentation” means the user documentation
Symantec provides with the Licensed Software.
“License
Instrument”
means one or more of the following applicable documents which further defines
Your license rights to the Licensed Software: a Symantec license certificate or
a similar license document issued by Symantec, or a written agreement between
You and Symantec, that accompanies, precedes or follows this License Agreement.
“Licensed
Software”
means the Symantec software product, in object code form, accompanying this
License Agreement, including any Documentation included in, or provided for use
with, such software or that accompanies this License Agreement.
“Support
Certificate”
means the certificate sent by Symantec confirming Your purchase of the applicable
Symantec maintenance/support for the Licensed Software.
“Upgrade” means any version of
the Licensed Software that has been released to the public and which replaces
the prior version of the Licensed Software on Symantec’s price list pursuant to
Symantec’s then-current upgrade policies.
“Use Level” means the license use
meter or model (which may include operating
system, hardware system, application or machine tier limitations, if
applicable) by which Symantec measures, prices and licenses the right to
use the Licensed Software, in effect at the time an order is placed for such
Licensed Software, as indicated in this License Agreement and the applicable
License Instrument.
2. LICENSE GRANT. Subject to Your compliance with the terms and
conditions of this License Agreement, Symantec grants to You the following
rights: (i) a non-exclusive, non-transferable (except as stated otherwise in
Section 16.1) license to use the Licensed Software solely in support of Your
internal business operations in the quantities and at the Use Levels described
in this License Agreement and the applicable License Instrument; and (ii) the
right to make a single uninstalled copy
of the Licensed Software for archival purposes which You may use and install
for disaster-recovery purposes (i.e. where the primary installation of the
Licensed Software becomes unavailable for use).
2.1 TERM. The term
of the Licensed Software license granted under this License Agreement shall be perpetual
(subject to Section 14) unless stated otherwise in Section 17 or unless You have obtained the Licensed
Software on a non-perpetual basis, such
as, under a subscription or term-based license for the period of time indicated
on the applicable License Instrument. If You have obtained the Licensed
Software on a non-perpetual basis, Your rights to use such Licensed Software shall
end on the applicable end date as indicated on the applicable License
Instrument and You shall cease use of the Licensed Software as of such
applicable end date.
3. 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; (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; (v) use of the Licensed Software by any party other than You; (vi) use of
a later version of the Licensed Software other than the version that
accompanies this License Agreement unless You have separately acquired the
right to use such later version through a License Instrument or Support Certificate;
nor (vii) use of the Licensed Software above the quantity and Use Level that
have been licensed to You under this License Agreement or the applicable
License Instrument.
4. OWNERSHIP/TITLE. The Licensed Software
is the proprietary property of Symantec or its licensors and is protected by
copyright law. 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.
5. CONTENT UPDATES. If You purchase a
Symantec maintenance/support offering consisting of or including Content
Updates, as indicated on Your Support Certificate, You are granted the right to
use, as part of the Licensed Software, such Content Updates as and when they
are made generally available to Symantec’s end user customers who have
purchased such maintenance/support offering and for such period of time as
indicated on the face of the applicable Support Certificate. This License Agreement
does not otherwise permit You to obtain and use Content Updates.
6. UPGRADES/CROSS-GRADES. Symantec reserves the right to require
that any upgrades (if any) of the Licensed Software may only be obtained in a
quantity equal to the number indicated on the applicable License Instrument. An
upgrade to an existing license shall not be deemed to increase the number of
licenses which You are authorized to use. Additionally, if You upgrade a Licensed
Software license, or purchase a Licensed Software license listed on the
applicable License Instrument to cross-grade an existing license (i.e. to
increase its functionality, and/or transfer it to a new operating system,
hardware tier or licensing meter), then Symantec issues the applicable Licensed
Instrument based on the understanding that You agree to cease using the
original license. Any such license upgrade or cross-grade is provided under
Symantec's policies in effect at the time of order. This License Agreement does
not separately license You for additional licenses beyond those which You have
purchased, and which have been authorized by Symantec as indicated on the
applicable License Instrument.
7. LIMITED WARRANTY.
7.1. MEDIA WARRANTY. If Symantec provides the
Licensed Software to You on tangible media, Symantec warrants that the magnetic
media upon which the Licensed Software is recorded will not be defective under
normal use, for a period of ninety (90) days from delivery. Symantec will
replace any defective media returned to Symantec within the warranty period at
no charge to You. The above warranty is inapplicable in the event the Licensed
Software media becomes defective due to unauthorized use of the Licensed
Software. THE FOREGOING IS YOUR SOLE AND
EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
7.2. PERFORMANCE WARRANTY. Symantec warrants
that the Licensed Software, as delivered by Symantec and when used in
accordance with the Documentation, will substantially conform to the
Documentation for a period of ninety (90) days from delivery. If the Licensed
Software does not comply with this warranty and such non-compliance is reported
by You to Symantec within the ninety (90) day warranty period, Symantec will do
one of the following, selected at Symantec’s reasonable discretion: either (i)
repair the Licensed Software, (ii) replace the Licensed Software with software
of substantially the same functionality, or (iii) terminate this License
Agreement and refund the relevant license fees paid for such non-compliant
Licensed Software. The above warranty specifically excludes defects resulting
from accident, abuse, unauthorized repair, modifications or enhancements, or
misapplication. THE FOREGOING IS YOUR
SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
8. WARRANTY DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE warranties
set forth in sections 7.1 and 7.2 are YOUR exclusive warranties AND ARE IN LIEU OF ALL
OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. SYMANTEC MAKES NO WARRANTIES OR REPRESENTATIONS THAT
THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES WILL MEET YOUR REQUIREMENTS
OR THAT OPERATION OR USE OF THE LICENSED SOFTWARE, CONTENT UPDATES, AND
UPGRADES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU MAY HAVE OTHER WARRANTY RIGHTS,
WHICH MAY VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
9. 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 OR
ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY
COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF
PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION,
LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR
ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL,
CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR
INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS,
SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL
SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING
RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR
LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE
OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE
DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR
NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.
10. MAINTENANCE/SUPPORT. Symantec has no
obligation under this License Agreement to provide maintenance/support for the
Licensed Software. Any maintenance/support purchased for the Licensed Software
is subject to Symantec’s then-current maintenance/support policies.
11. SOFTWARE EVALUATION. If the Licensed
Software is provided to You for evaluation purposes and You have an evaluation
agreement with Symantec for the Licensed Software, Your rights to evaluate the
Licensed Software will be pursuant to the terms of such evaluation agreement.
If You do not have an evaluation agreement with Symantec for the Licensed
Software and if You are provided the Licensed Software for evaluation purposes, the following terms and conditions shall
apply. Symantec
grants to You a nonexclusive, temporary, royalty-free, non-assignable license
to use the Licensed Software solely for internal non-production evaluation. Such
evaluation license shall terminate (i) on the end date of the pre-determined
evaluation period, if an evaluation period is pre-determined in the Licensed
Software or (ii) sixty (60) days from the date of Your initial installation of
the Licensed Software, if no such evaluation period is pre-determined in the
Licensed Software (“Evaluation Period”). The Licensed Software may not be transferred and is provided “AS
IS” without warranty of any kind. You are solely responsible to take
appropriate measures to back up Your system and take other measures to prevent
any loss of files or data. The Licensed Software may contain an automatic
disabling mechanism that prevents its use after a certain period of time. Upon
expiration of the Licensed Software Evaluation Period, You will cease use of
the Licensed Software and destroy all copies of the Licensed Software. All
other terms and conditions of this License Agreement shall otherwise apply to
Your evaluation of the Licensed Software as permitted herein.
12.
13. 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
14. TERMINATION. This License Agreement shall terminate upon Your breach of any term
contained herein. Upon termination, You shall immediately stop using and
destroy all copies of the Licensed Software.
15. SURVIVAL. The following provisions of
this License Agreement survive termination of this License Agreement: Definitions,
License Restrictions and any other restrictions on use of intellectual property,
Ownership/Title, Warranty Disclaimers, Limitation of Liability, U.S. Government
Restricted Rights, Export Regulation, Survival, and General.
16. GENERAL.
16.1. ASSIGNMENT. 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.
16.2. COMPLIANCE WITH APPLICABLE LAW. You
are solely responsible for Your compliance with, and You agree to comply with,
all applicable laws, rules, and regulations in connection with Your use of the
Licensed Software.
16.3. AUDIT. An auditor, selected by Symantec
and reasonably acceptable to You, may, upon reasonable notice and during normal
business hours, but not more often than once each year, inspect Your records
and deployment in order to confirm that Your use of the Licensed Software
complies with this License Agreement and the applicable License Instrument.
Symantec shall bear the costs of any such audit, except where the audit
demonstrates that the Manufacturer’s Suggested Reseller Price (MSRP) value of
Your non-compliant usage exceeds five percent (5%) of the MSRP value of Your
compliant deployments. In such case, in addition to purchasing appropriate
licenses for any over-deployed Licensed Software, You shall reimburse Symantec
for the auditor’s reasonable actual fees for such audit.
16.4. GOVERNING
LAW; SEVERABILITY; WAIVER. If You are located
in North America or Latin America, this License Agreement will be governed by
the laws of the State of
16.5. 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.
16.6. CUSTOMER SERVICE.
Should You have any questions concerning this License Agreement, or if You
desire to contact Symantec for any reason, please write to: (i) Symantec Enterprise
Customer Care, 555 International Way,
16.7. ENTIRE AGREEMENT. This License Agreement and any related License
Instrument are the complete and exclusive agreement between You and Symantec
relating to the Licensed Software and supersede any previous or contemporaneous
oral or written communications, proposals, and representations with respect to
its subject matter. This License Agreement prevails over any conflicting
or additional terms of any purchase order, ordering document, acknowledgement
or confirmation or other document issued by You, even if signed and returned. This License Agreement may only be modified by a
License Instrument that accompanies or follows this License Agreement.
17. ADDITIONAL
TERMS AND CONDITIONS. Your
use of the Licensed Software is subject to the terms and conditions below in
addition to those stated above.
17.1 Definitions.
A. “License Certificate” includes a
written communication issued by Symantec confirming Your license of the
Licensed Software and that accompanies, precedes or follows this License
Agreement.
B. “Maintenance Certificate” includes a
written communication issued by Symantec confirming Your maintenance/support
for the Licensed Software and that accompanies, precedes or follows this
License Agreement.
17.2 Node
License. Under the terms of a Node
License, you may use the Licensed Software to manage an aggregate number of
Nodes within your organization not to exceed the sum of your licensed nodal
count. A “Node” is any asset under
management by the Licensed Software. An
asset is: (a) a physical device such as a computer, PDA, or server, (b) a
virtual device, such as an operating environment that may be running
concurrently with another operating environment on a single physical device
(e.g., VMware*, Virtual PC*, Virtual Server*), or (c) an object stored by the Licensed
Software in a database, such object representing a physical or virtual asset
for which data is being tracked or managed by the Licensed Software (e.g.,
printer, copier, etc.). A Node License will be deemed consumed for a particular
Licensed Software product once an asset (as defined above) has been managed by
a particular Software product. An asset has been managed by a particular Licensed
Software product once the Licensed Software product has (i) been run locally on
an asset, (ii) remotely interacted with and/or received a response from an
asset, (iii) configured or changed a setting of or migrated settings to or from
an asset, or (iv) otherwise performed any management functionality that such
particular Licensed Software product has been designed to perform with respect
to an asset. You must purchase a sufficient number of Node Licenses to cover
all Node Licenses consumed by a particular Licensed Software product.
GLB
ENT EULA TEMPLATE v1.0_Altiris Deployment Solution v6.9 SP1_01.30.09
Fujitsu Technology Solutions
Software License Agreement for End Users of the
Software "DeskView"
1.
Subject of this Agreement
1.1
For the purposes of this agreement
“Software” shall mean the software with the object code, the version and the
specification indicated in the software product data sheet of Fujitsu
Technology Solutions.
The Software
consists of machine-readable instructions and/or printed documentation and
related licensed materials.
1.2
Please read this agreement carefully
before you use the Software. If you do not agree with the license terms in this
agreement, you are not permitted to use the Software.
1.3
By using the Software you agree to be bound by the terms of this agreement.
1.4
Fujitsu Technology Solutions reserves the right to implement at any time
in the future an additional software license key and/or license certificates as
countermeasures against software piracy.
1.5
Software components from third-party software suppliers which are part
of the scope of the delivery are subject to separate license agreements that
are included with the Software or that are transmitted by Fujitsu Technology
Solutions upon request.
2.
End User License
2.1
Fujitsu Technology Solutions grants you a non-exclusive and
non-transferable license to use the Software on the number of workstations for
which you have purchased licenses. Unless you purchase additional licenses, you
are not permitted to operate the Software on more than the maximum number of licensed
workstations or on hardware that exceeds the type specified in the section "licensing"
of the software product's data sheet.
You are permitted to make a backup copy of the
Software for archiving purposes, provided you properly mark the copy or partial
copy of the Software with the copyright notice and any other ownership information.
2.2
You are not permitted to copy, modify or distribute the Software.
Furthermore, you are not permitted to re-compile, re-engineer, convert, revise,
compile or modify the Software. You may not sub-license, without selling the
related hardware, assign, rent, lease or transfer the Software except as
expressly permitted by this agreement or due to mandatory legal regulations.
2.3
If you acquired the Software as a program upgrade, your license for the
use of the old software version ends automatically with the installation of the
upgrade version of the Software. If parts of the old software version are not
replaced by the upgrade version, the license for the old version continues to
be effective until the remnants of the old software version are also replaced
or deactivated or shut down in any other way.
2.4
Unless specified otherwise in the respective software data sheet of Fujitsu
Technology Solutions, the license for a software version or release does not
give you any rights to new releases (updates), new versions (upgrades) or
technical support services for the Software. Supplemental software support contracts
and maintenance services, including or excluding new releases and new versions
and additional technical support services, can be purchased separately either
from Fujitsu Technology Solutions directly or from authorized software resellers.
3.
Downloading
For Software
supplied by Fujitsu Technology Solutions over a network or a similar distribution
path, the following additional conditions shall apply:
All products supplied for downloading by Fujitsu Technology Solutions are
selected, made available and — if supplied by third parties — provided without
modification. However, you are fully responsible for ensuring the most current
version and usability of downloadable material for your own purposes and on
your own system. You download Software at your own risk. Fujitsu Technology Solutions
will not accept any liability, particularly not for transmission errors or
problems that arise during the downloading process (line failures, connection
interruptions, server failures, data corruption, etc.).
The website of Fujitsu
Technology Solutions is operated and administered only for those countries in
which Fujitsu Technology Solutions has one or more offices. Fujitsu Technology
Solutions accepts no responsibility that Software and/or documentation can or
may be downloaded from a Fujitsu Technology Solutions website also in locations
other than the countries mentioned above. If you access an Fujitsu Technology Solutions website from
abroad, you are fully responsible for complying with any local regulations. Fujitsu
Technology Solutions expressly prohibits the downloading of Software and/or
documentation from a Fujitsu Technology Solutions website in countries where
such downloading is considered illegal.
4.
Copyright
All rights and
licenses, unless they are expressly granted to you in this license terms, as
well as all property and usage rights related to the Software (including parts
of the Software) remain fully with Fujitsu Technology Solutions and/or its
third-party licensors.
The license
terms do not authorize you to use the brands, logos or trademarks of Fujitsu
Technology Solutions or its third-party licensors, nor are you permitted to use
any other brands which are deceptively similar to the brands, logos or
trademarks of Fujitsu Technology Solutions. Each and any use of brands, logos
or trademarks with respect to the Software or Fujitsu Technology Solutions
requires the express consent of Fujitsu Technology Solutions
5.
Licensor's warranty and
liability disclaimer, if Software is sold and delivered by Reseller
If you acquire the Software directly from an
authorized reseller (called "Reseller"), the right to install and use the
Software may be subject to additional software license conditions agreed upon
between you as the licensee and the respective reseller.
In all cases of an authorized software resale, the
software is sublicensed and made available to the licensee directly by the
Reseller. In such cases, Fujitsu Technology Solutions is not a contractual
party of the software license agreement between you, as licensee and the
Reseller, as far as the procurement of the software licenses are concerned.
Legal claims in connection with the software licensing can therefore be
asserted only on the basis of the agreements with the Reseller. Under no circumstances,
however, will the respective scope of the license for the licensee exceed the
scope of the license agreements as specified in sections 1, 2, 3 and 4 of this
agreement.
Subject to mandatory legal regulations, particularly
those governing liability and/or warranties, which cannot be excluded in
connection with end user license agreement regulations and with reference to
the licensee's claims against the Reseller, Fujitsu Technology Solutions
disclaims all warranties for the Software in this agreement. For the same
reason, Fujitsu Technology Solutions disclaims any and all liability/claims for
any violations of third parties' rights as well as any implied warranties for
the software's marketability and its suitability for a particular purpose. This
disclaimer of liability does not apply in cases of willful or malicious
behavior by Fujitsu Technology Solutions.
In this End User License Agreement, Fujitsu Technology
Solutions grants no warranties of any kind, either express or implied.
6.
Disclaimer of liability
with respect to shareware, freeware and/or open source software components
6.1
The Software may contain freeware or shareware which Fujitsu Technology
Solutions received from a third party. Fujitsu Technology Solutions paid no
license fees for the use of this freeware or shareware. Accordingly, the
licensee is not charged any license fees for the use of the freeware or
shareware. You recognize and accept that Fujitsu Technology Solutions therefore
grants no warranties with respect to such freeware or shareware components and
does not assume any liability in connection with the ownership, the
distribution and/or the use of the respective freeware or shareware.
6.2
The Software may also contain open source software components that were
developed according to the "open source model" and which are distributed
exclusively on the basis of the GPL (General Public License: http://www.gnu.org/copyleft/gpl.html)
terms and conditions or other standard open source standard license terms and
conditions applicable to the respective open source components at the time of
their dissemination. You recognize and accept that the licensing of such open
source software components is governed exclusively by the above-mentioned GPL
terms or by the conditions which are otherwise included with the open source
software components. Fujitsu Technology Solutions receives neither license fees
nor any other compensation for the delivered open source software components.
As far as Fujitsu Technology Solutions or a third party receives any compensation
in connection with open source software components, it is received exclusively
for additional delivery items and/or services.
Because of the special nature of the development
and distribution of open source software components, Fujitsu Technology
Solutions assumes no express or implied liability for such components and
excludes any kind of warranty for such open source software components,
particularly in connection with missing specifications, lack of functionality,
programming errors or any other malfunctions.
7.
General limitations of
liability
7.1
Neither Fujitsu Technology Solutions nor its suppliers are liable for
any consequential or indirect damages, including damages arising as a result of
or in connection with an operational interruption, lost profits or sales, lost
data, or costs of capital. Fujitsu Technology Solutions and its suppliers will
not be liable for additional ancillary or consequential costs or for any other
losses, costs or expenses of any kind which arise as a result of the holding,
sale, use or impossibility of use of the Software, independent of whether such
claims are asserted due to warranty rights, contracts, tort or any other legal
theory.
7.2
The liability of Fujitsu Technology Solutions for direct damage caused
as a result of a contract violation and/or other action or lapse on the part of
Fujitsu Technology Solutions which have not been excluded or cannot be completely
excluded due to mandatory law are limited to no more than €250,000.00. Any and
all other liabilities for direct damage are excluded. Damage caused by Fujitsu
Technology Solutions as a result of slight negligence are excluded to the
extent permitted by applicable legal regulations.
7.3
Limitations and exclusions of liability resulting from this agreement do
not apply to damage where Fujitsu Technology Solutions carries compulsory liability
according to applicable laws and where such liability cannot be limited to a
maximum amount (for example, liability for bodily damage; product liability or
fraudulently incorrect information).
8.
Export controls
Due to its
components as well as the nature or purpose of these components, the export of
the Software and/or its accompanying documents may be subject to official or
regulatory approval. In cases where the Software is intended for export, you
are obliged to get all approvals and authorizations required to comply with all
relevant export regulations.
The Software
may not be exported if there is reason to assume that the Software will be used
in connection with nuclear, chemical or biological weapons or for missile
technology. Furthermore, you may not deliver the Software — or have it
delivered indirectly — to such companies or persons who are listed in the
applicable U.S. export regulations (particularly the Table of Denial
Orders/U.S. Denied Persons Lists (DPL) or in the E.U. export regulations
(particularly the EU Terrorist List) or in the applicable warnings issued by
the German export authorities or any other competent authorities in any
country.
Under no
circumstances is Fujitsu Technology Solutions obligated to deliver software,
patches, updates or upgrades, to provide software for download or to fulfill
any other contractual commitments if this would be a violation of the
applicable export regulations of the Federal Republic of Germany, the European
Union, the
If you export
or re-export the Software or a copy of it, this may be a violation of
applicable export laws and a severe violation of the terms of this agreement.
9.
Miscellaneous
9.1
If any term or condition in this
agreement or any other contract that is subject to the terms and conditions of
this agreement turns out to be invalid or unenforceable (partly or in full),
the validity of all other terms and conditions remains unaffected, unless
complying with the remaining terms and conditions would represent an
unreasonable hardship for either contract party, even with the application of
applicable legal regulations to close the legal gap.
9.2
If the licensee does not comply with
essential terms and conditions of this license agreement, Fujitsu Technology
Solutions reserves the right to cancel the license. In case of such
cancellation, you must immediately return any and all copies of the software in
your possession and confirm the complete return [of the software copies] or the
destruction of these copies in writing.
9.3
Neither you nor Fujitsu Technology Solutions is responsible or liable
for the respective party's non-compliance with its obligations if the reason
for such non-compliance is outside the party's control due to force majeure.
9.4
Any and all modifications and/or amendments to these license terms and
conditions are only valid if they are made in writing.
10. Applicable law
10.1
These license terms and conditions are governed by the laws of the
Federal Republic of Germany.
10.2
In the event that provisions of clause 10.1 are unenforceable, these
license terms and conditions shall be governed by the laws of the country in
which you acquire the Software, with the following exceptions: 1) In Australia,
the terms and conditions of this license are governed by the laws of the state
or sovereign territory in which the business contract is being concluded; 2) in
Albania, Armenia, Belarus, Bosnia-Herzegovina, Bulgaria, Croatia, Kazakhstan,
Kirgizia, the former Yugoslavian Republic of Macedonia (FYROM), Moldavia,
Poland, Romania, Russia, Slovakia, Slovenia, the Ukraine and the Federal
Republic of Yugoslavia, the terms and conditions of this license are governed
by the laws of the Federal Republic of Germany; 3) in the United Kingdom [Great
Britain], all disputes with respect to these license terms and conditions are
governed by English law, and English courts have exclusive jurisdiction; 4) in
Canada, the terms and conditions of this license are governed by the laws of
the Province of Ontario; 5) in the United States of America and in Puerto Rico
as well as in the People's Republic of China the terms and conditions of this
license are governed by the laws of the U.S. State of New York.
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 OPENING THE LICENSED SOFTWARE PACKAGE, BREAKING THE LICENSED SOFTWARE SEAL, CLICKING THE “I AGREE” OR “YES” BUTTON, OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR LOADING THE LICENSED SOFTWARE 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 FURTHER USE OF THE LICENSED SOFTWARE. UNLESS OTHERWISE DEFINED HEREIN, CAPITALIZED TERMS WILL HAVE THE MEANING GIVEN IN THE “DEFINITIONS” SECTION OF THIS LICENSE AGREEMENT AND SUCH CAPITALIZED TERMS MAY BE USED IN THE SINGULAR OR IN THE PLURAL, AS THE CONTEXT REQUIRES.
1. DEFINITIONS.
“Content Updates” means content used by certain Symantec products which is updated from time to time, including but not limited to: updated anti-spyware definitions for anti-spyware products; updated antispam rules for antispam products; updated virus definitions for antivirus and crimeware products; updated URL lists for content filtering and antiphishing products; updated firewall rules for firewall products; updated intrusion detection data for intrusion detection products; updated lists of authenticated web pages for website authentication products; updated policy compliance rules for policy compliance products; and updated vulnerability signatures for vulnerability assessment products.
“Documentation” means the user documentation Symantec provides with the Licensed Software.
“License Instrument” means one or more of the following applicable documents which further defines Your license rights to the Licensed Software: a Symantec license certificate or a similar license document issued by Symantec, or a written agreement between You and Symantec, that accompanies, precedes or follows this License Agreement.
“Licensed Software” means the Symantec software product, in object code form, accompanying this License Agreement, including any Documentation included in, or provided for use with, such software or that accompanies this License Agreement.
“Support Certificate” means the certificate sent by Symantec confirming Your purchase of the applicable Symantec maintenance/support for the Licensed Software.
“Upgrade” means any version of the Licensed Software that has been released to the public and which replaces the prior version of the Licensed Software on Symantec’s price list pursuant to Symantec’s then-current upgrade policies.
“Use Level” means the license use meter or model (which may include operating system, hardware system, application or machine tier limitations, if applicable) by which Symantec measures, prices and licenses the right to use the Licensed Software, in effect at the time an order is placed for such Licensed Software, as indicated in this License Agreement and the applicable License Instrument.
2. LICENSE GRANT. Subject to Your compliance with the terms and conditions of this License Agreement, Symantec grants to You the following rights: (i) a non-exclusive, non-transferable (except as stated otherwise in Section 16.1) license to use the Licensed Software solely in support of Your internal business operations in the quantities and at the Use Levels described in this License Agreement and the applicable License Instrument; and (ii) the right to make a single uninstalled copy of the Licensed Software for archival purposes which You may use and install for disaster-recovery purposes (i.e. where the primary installation of the Licensed Software becomes unavailable for use).
2.1 TERM. The term of the Licensed Software license granted under this License Agreement shall be perpetual (subject to Section 14) unless stated otherwise in Section 17 or unless You have obtained the Licensed Software on a non-perpetual basis, such as, under a subscription or term-based license for the period of time indicated on the applicable License Instrument. If You have obtained the Licensed Software on a non-perpetual basis, Your rights to use such Licensed Software shall end on the applicable end date as indicated on the applicable License Instrument and You shall cease use of the Licensed Software as of such applicable end date.
3. 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; (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; (v) use of the Licensed Software by any party other than You; (vi) use of a later version of the Licensed Software other than the version that accompanies this License Agreement unless You have separately acquired the right to use such later version through a License Instrument or Support Certificate; nor (vii) use of the Licensed Software above the quantity and Use Level that have been licensed to You under this License Agreement or the applicable License Instrument.
4. OWNERSHIP/TITLE. The Licensed Software is the proprietary property of Symantec or its licensors and is protected by copyright law. 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.
5. CONTENT UPDATES. If You purchase a Symantec maintenance/support offering consisting of or including Content Updates, as indicated on Your Support Certificate, You are granted the right to use, as part of the Licensed Software, such Content Updates as and when they are made generally available to Symantec’s end user customers who have purchased such maintenance/support offering and for such period of time as indicated on the face of the applicable Support Certificate. This License Agreement does not otherwise permit You to obtain and use Content Updates.
6. UPGRADES/CROSS-GRADES. Symantec reserves the right to require that any upgrades (if any) of the Licensed Software may only be obtained in a quantity equal to the number indicated on the applicable License Instrument. An upgrade to an existing license shall not be deemed to increase the number of licenses which You are authorized to use. Additionally, if You upgrade a Licensed Software license, or purchase a Licensed Software license listed on the applicable License Instrument to cross-grade an existing license (i.e. to increase its functionality, and/or transfer it to a new operating system, hardware tier or licensing meter), then Symantec issues the applicable Licensed Instrument based on the understanding that You agree to cease using the original license. Any such license upgrade or cross-grade is provided under Symantec's policies in effect at the time of order. This License Agreement does not separately license You for additional licenses beyond those which You have purchased, and which have been authorized by Symantec as indicated on the applicable License Instrument.
7. LIMITED WARRANTY.
7.1. MEDIA WARRANTY. If Symantec provides the Licensed Software to You on tangible media, Symantec warrants that the magnetic media upon which the Licensed Software is recorded will not be defective under normal use, for a period of ninety (90) days from delivery. Symantec will replace any defective media returned to Symantec within the warranty period at no charge to You. The above warranty is inapplicable in the event the Licensed Software media becomes defective due to unauthorized use of the Licensed Software. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
7.2. PERFORMANCE WARRANTY. Symantec warrants that the Licensed Software, as delivered by Symantec and when used in accordance with the Documentation, will substantially conform to the Documentation for a period of ninety (90) days from delivery. If the Licensed Software does not comply with this warranty and such non-compliance is reported by You to Symantec within the ninety (90) day warranty period, Symantec will do one of the following, selected at Symantec’s reasonable discretion: either (i) repair the Licensed Software, (ii) replace the Licensed Software with software of substantially the same functionality, or (iii) terminate this License Agreement and refund the relevant license fees paid for such non-compliant Licensed Software. The above warranty specifically excludes defects resulting from accident, abuse, unauthorized repair, modifications or enhancements, or misapplication. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
8. WARRANTY DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE warranties set forth in sections 7.1 and 7.2 are YOUR exclusive warranties AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. SYMANTEC MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OR USE OF THE LICENSED SOFTWARE, CONTENT UPDATES, AND UPGRADES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU MAY HAVE OTHER WARRANTY RIGHTS, WHICH MAY VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
9. 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 OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.
10. MAINTENANCE/SUPPORT. Symantec has no obligation under this License Agreement to provide maintenance/support for the Licensed Software. Any maintenance/support purchased for the Licensed Software is subject to Symantec’s then-current maintenance/support policies.
11. SOFTWARE EVALUATION. If the Licensed Software is provided to You for evaluation purposes and You have an evaluation agreement with Symantec for the Licensed Software, Your rights to evaluate the Licensed Software will be pursuant to the terms of such evaluation agreement. If You do not have an evaluation agreement with Symantec for the Licensed Software and if You are provided the Licensed Software for evaluation purposes, the following terms and conditions shall apply. Symantec grants to You a nonexclusive, temporary, royalty-free, non-assignable license to use the Licensed Software solely for internal non-production evaluation. Such evaluation license shall terminate (i) on the end date of the pre-determined evaluation period, if an evaluation period is pre-determined in the Licensed Software or (ii) sixty (60) days from the date of Your initial installation of the Licensed Software, if no such evaluation period is pre-determined in the Licensed Software (“Evaluation Period”). The Licensed Software may not be transferred and is provided “AS IS” without warranty of any kind. You are solely responsible to take appropriate measures to back up Your system and take other measures to prevent any loss of files or data. The Licensed Software may contain an automatic disabling mechanism that prevents its use after a certain period of time. Upon expiration of the Licensed Software Evaluation Period, You will cease use of the Licensed Software and destroy all copies of the Licensed Software. All other terms and conditions of this License Agreement shall otherwise apply to Your evaluation of the Licensed Software as permitted herein.
12. U.S. GOVERNMENT RESTRICTED RIGHTS. The Licensed 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 Licensed Software - Restricted Rights" and DFARS 227.7202, “Rights in Commercial Computer Licensed Software or Commercial Computer Licensed Software Documentation”, as applicable, and any successor regulations. Any use, modification, reproduction release, performance, display or disclosure of the Licensed Software by the U.S. Government shall be solely in accordance with the terms of this License Agreement.
13. 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 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 products, including the Controlled Technology are prohibited for export or re-export to Cuba, North Korea, Iran, Syria and Sudan and to any country subject to relevant trade sanctions. You hereby agree that You will not export or sell any Controlled Technology for use in connection with chemical, biological, or nuclear weapons, or missiles, drones or space launch vehicles capable of delivering such weapons.
14. TERMINATION. This License Agreement shall terminate upon Your breach of any term contained herein. Upon termination, You shall immediately stop using and destroy all copies of the Licensed Software.
15. SURVIVAL. The following provisions of this License Agreement survive termination of this License Agreement: Definitions, License Restrictions and any other restrictions on use of intellectual property, Ownership/Title, Warranty Disclaimers, Limitation of Liability, U.S. Government Restricted Rights, Export Regulation, Survival, and General.
16. GENERAL.
16.1. ASSIGNMENT. 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.
16.2. COMPLIANCE WITH APPLICABLE LAW. You are solely responsible for Your compliance with, and You agree to comply with, all applicable laws, rules, and regulations in connection with Your use of the Licensed Software.
16.3. AUDIT. An auditor, selected by Symantec and reasonably acceptable to You, may, upon reasonable notice and during normal business hours, but not more often than once each year, inspect Your records and deployment in order to confirm that Your use of the Licensed Software complies with this License Agreement and the applicable License Instrument. Symantec shall bear the costs of any such audit, except where the audit demonstrates that the Manufacturer’s Suggested Reseller Price (MSRP) value of Your non-compliant usage exceeds five percent (5%) of the MSRP value of Your compliant deployments. In such case, in addition to purchasing appropriate licenses for any over-deployed Licensed Software, You shall reimburse Symantec for the auditor’s reasonable actual fees for such audit.
16.4. GOVERNING LAW; SEVERABILITY; WAIVER. 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.
16.5. 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.
16.6. CUSTOMER SERVICE. Should You have any questions concerning this License Agreement, or if You desire to contact Symantec for any reason, please write to: (i) Symantec Enterprise Customer Care, 555 International Way, Springfield, Oregon 97477, U.S.A., (ii) Symantec Enterprise Customer Care Center, PO BOX 5689, Dublin 15, Ireland, or (iii) Symantec Enterprise Customer Care, 1 Julius Ave, North Ryde, NSW 2113, Australia.
16.7. ENTIRE AGREEMENT. This License Agreement and any related License Instrument are the complete and exclusive agreement between You and Symantec relating to the Licensed Software and supersede any previous or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter. This License Agreement prevails over any conflicting or additional terms of any purchase order, ordering document, acknowledgement or confirmation or other document issued by You, even if signed and returned. This License Agreement may only be modified by a License Instrument that accompanies or follows this License Agreement.
17. ADDITIONAL TERMS AND CONDITIONS. Your use of the Licensed Software is subject to the terms and conditions below in addition to those stated above.
17.1 ADDITIONAL DEFINITIONS
“CPU” means the logic circuitry that responds to and processes the instructions that run a computer and/or that accesses or runs the software. A “CPU” is counted equivalent to an occupied socket; however, in the case of multi-chip modules, each chip in the multi-chip module is counted as one occupied socket.
“Device” means a single computer, storage drive or other device (i) on which You can install and use the Licensed Software, (ii) from which You access and use the Licensed Software installed on a network, or (iii) a physical connection point that links together two separate devices.
“Managed Device” means a Device that is managed, monitored and/or protected by the Licensed Software but that may not actually be running the Licensed Software itself.
“Managed User” means an individual person who has access to a network that is managed, monitored and/or protected by the Licensed Software.
“Server” means a standalone system or an individual computer acting as a service or resource provider to client computers by sharing the resources within the network infrastructure. A Server can run server software for other computers or devices.
“User” means an individual person and/or device authorized by You to use and/or benefit from the use of the Licensed Software, or is the person and/or device actually using any portion of the Licensed Software.
17.2 The term “License Instrument” is hereby amended to add a written communication issued by Symantec that accompanies, precedes or follows this License Agreement and which confirms Your purchase of a license for the Licensed Software.
17.3 The term “Support Certificate” is hereby amended to add a written communication issued by Symantec that accompanies, precedes or follows this License Agreement and which confirms Your purchase of maintenance/support for the Licensed Software.
17.4 ADDITIONAL USE RIGHTS AND LIMITATIONS
17.4A. If the License Instrument indicates that You have received a license for Symantec Data Loss Prevention Network Monitor, Symantec Data Loss Prevention Network Prevent for Email, Symantec Data Loss Prevention Network Prevent for Web, Symantec Data Loss Prevention Network Discover, and/or Symantec Data Loss Prevention Network Protect Add-on, You may use each such Licensed Software to manage the applicable number of Managed Users for each such Licensed Software, as indicated within the License Instrument.
17.4B. If the License Instrument indicates that You have received a license for Symantec Data Loss Prevention Endpoint Prevent, Symantec Data Loss Prevention Endpoint Discover and/or Symantec Data Loss Prevention for Mobile, You may use each such Licensed Software to manage the applicable number of Managed Devices for each such Licensed Software, as indicated within the License Instrument.
17.4C. If the License Instrument indicates that You have received a license for Symantec Data Loss Prevention Standard, You may use such Licensed Software to manage the applicable number of Managed Devices for such Licensed Software, as indicated within the License Instrument.
17.4D. If the License Instrument indicates that You have received a license for Symantec Data Loss Prevention Discover Plus, You may use such Licensed Software to manage the applicable number of Managed Users for such Licensed Software, as indicated within the License Instrument.
17.4E. If the License Instrument indicates that You have received a license for Symantec Data Loss Prevention Suite, You may use such Licensed Software to manage the applicable number of Managed Devices or Managed Users for such Licensed Software, as applicable for each of the Licensed Software products comprising the bundle.
17.4F. If the License Instrument indicates that You have received a license for the Symantec Data Loss Prevention Network Prevent for Email Add-On (“Network Prevent for Email Add-On”), You may use such Network Prevent for Email Add-On to manage the applicable number of Managed Users, as indicated within the Network Prevent for Email Add-On License Instrument, solely with Your use of Symantec Messaging Gateway, provided that You also have a license to Symantec Messaging Gateway for such number of Users.
17.4G If the License Instrument indicates that You have received a license for the Symantec Data Loss Prevention Network Prevent for Web Add-On (“Network Prevent for Web Add-On”), You may use such Network Prevent for Web Add-On to manage the applicable number of Managed Users, as indicated within the Network Prevent for Web Add-On License Instrument, solely with Your use of Symantec Web Gateway, provided that You also have a license to Symantec Web Gateway for such number of Users.
17.4H. If the License Instrument indicates that You have received a license for the Symantec Data Loss Prevention Network Protect Add-On (“Network Protect”), You may use such Network Protect with Symantec Data Loss Prevention Network Discover to manage the applicable number of Managed Users, as indicated within the Network Protect License Instrument, provided that You also have a license to Symantec Data Loss Prevention Network Discover for such number of Managed Users.
17.4I. If the License Instrument indicates that You have received a license for the Symantec Data Loss Prevention Endpoint Prevent Add-On to Symantec Protection Suite Enterprise Edition for Endpoints (“Endpoint Prevent Add-On”), You may use such Endpoint Prevent Add-On to manage the applicable number of Managed Devices (as indicated within the Endpoint Prevent Add-On License Instrument), solely with Your use of Symantec Data Loss Prevention Endpoint Prevent, provided that You also have a license to Symantec Protection Suite Enterprise Edition for Endpoints for such number of Users.
17.4J. If the License Instrument indicates that You have received a license for the Symantec Data Loss Prevention Suite Add-On to Symantec Protection Suite Enterprise Edition for Endpoints (“DLP Suite Add-On”), You may use such DLP Suite Add-On to manage the applicable number of Managed Users and Managed Devices (as indicated within the DLP Suite Add-On License Instrument) solely with Your use of Symantec Data Loss Prevention Suite, provided that You also have a license to Symantec Protection Suite Enterprise Edition for Endpoints for such number of Users.
17.4K If the License Instrument indicates that You have received a license for Enterprise Vault Data Classification Services (“DCS”), You may use such Licensed Software for the number of licensed Users of DCS as indicated within the applicable License Instrument, in conjunction with Your licensed use of Enterprise Vault.
17.4L. If the License Instrument indicates that You have received a license for Oracle Database Standard Edition One or Oracle Database Standard Edition (as defined below), Your use of such software is subject to the following limitations:
(i) You may use such software on the number of CPUs for which You have purchased licenses, as indicated within the applicable License Instrument, provided, however, that Oracle Database Standard Edition One licenses may be used only on Servers that have no more than two CPUs and Oracle Database Standard Edition licenses may be used only on Servers that have no more than four CPUs;
(ii) Oracle Database Standard Edition One for Symantec Data Loss Prevention and Oracle Database Standard Edition for Symantec Data Loss Prevention may be used only in connection with Your use of the Symantec Data Loss Prevention software referenced in Sections 17.4A through 17.4J which You have licensed;
(iii) Oracle Standard Edition One for SYMC EV DCS and Oracle Standard Edition for SYMC EV DCS may be used only in connection with Your use of the DCS software referenced in Section 17.4K which You have licensed; and
(iii) Following expiration or termination of Your license(s) to the Oracle Software (as defined below), You must discontinue using the Oracle Software and destroy or return to Symantec all copies of the Oracle Software and Oracle Software documentation.
“Oracle Database Standard Edition One” means Oracle Database Standard Edition One for Symantec Data Loss Prevention and/or Oracle Standard Edition One for SYMC EV DCS. “Oracle Database Standard Edition” means Oracle Database Standard Edition for Symantec Data Loss Prevention and/or Oracle Standard Edition for SYMC EV DCS (“Oracle Database Standard Edition”). “Oracle Software” means Oracle Database Standard Edition One and/or Oracle Database Standard Edition.
17.4M. If You obtain a Symantec Data Loss Prevention Microsoft ISA Plug-In and/or a Symantec Data Loss Prevention Microsoft Threat Management Gateway 2010 Plug-In (each, a “Plug-In”) with the Licensed Software, You may use such Plug-In(s) solely in conjunction with Your use of Symantec Data Loss Prevention Network Prevent for Web.
17.4N. If You obtain a FlexResponse Plug-In (“FlexResponse Plug-in”), You may use such FlexResponse Plug-In(s) solely in conjunction with Your licensed use of Network Protect or Symantec Data Loss Prevention Network Prevent for Email (“Network Prevent for Email”), to manage the number of Managed Users for which You have Network Protect or Network Prevent for Email licenses as indicated in Your Network Protect or Network Prevent for Email License Instrument.
17.4O. If You obtain the Symantec Data Loss Prevention Integration Component (“Integration Component”) with the Licensed Software, You may use such Integration Component solely in conjunction with Your licensed use of Symantec Data Loss Prevention Endpoint Prevent and/or Symantec Data Loss Prevention Endpoint Discover, as indicated by Your License Instrument for such licensed software.
17.4P. You may use a reasonable number of copies of (i) Symantec Data Loss Prevention Enforce in support of Your use of the applicable Symantec Data Loss Prevention software referenced in Sections 17.4A through 17.4J which You have licensed and (ii) Symantec Data Loss Solution Pack in conjunction with Your use of Symantec Data Loss Prevention Enforce.
17.4Q. You must have a license for each instance (physical or virtual) of the Licensed Software, provided, however, that You may make and use a reasonable number of copies of the Licensed Software referenced in Section 17.4A through 17.4J in a non-production testing, lab or staging environment. An “instance” of the Licensed Software is created by executing the Licensed Software’s setup or install procedure and/or duplicating an existing instance. References to "Licensed Software" in this License Agreement include “instances” of the Licensed Software.
17.4R. Your License Instrument will constitute proof of Your right to make and use such copies of the Licensed Software. You may not use the Licensed Software in excess of the applicable Use Levels unless You purchase the additional requisite number of licenses for such use. If no License Instrument accompanies, precedes, or follows this License Agreement, You are not authorized to use the Licensed Software.
17.5 Symantec Data Loss Prevention Development Tools.
17.5A. Development License. If You obtain an API and/or SDK (“Development Tool(s)”) with the Licensed Software, You are entitled under this License Agreement to use an unlimited number of copies of such Development Tool(s) solely for the purposes of designing, developing, testing, using and demonstrating the integration of the Licensed Software with Your existing systems, other Symantec products, or third party products. Such Development Tool(s) license shall be in addition to any licenses for the other portions of the Licensed Software acquired by You under this License Agreement. You shall have no right to modify or alter the Development Tool(s). You may use the FlexResponse API and/or Content Extraction API solely with Your licensed use of Symantec Data Loss Prevention Network Prevent, Symantec Data Loss Prevention Network Protect or Symantec Data Loss Prevention Endpoint Prevent. You may use the Endpoint FlexResponse API solely with Your licensed use of Symantec Data Loss Prevention Endpoint Prevent or Symantec Data Loss Prevention Endpoint Discover.
If You obtain the Symantec DLP Lookup API or Reporting API, You may use such APIs solely in conjunction with Your licensed use of applicable Symantec Data Loss Prevention products and/or Symantec DLP Data Insight Enterprise, in the same Managed User quantities as You have licenses to such other products, as indicated in the applicable License Instruments.
17.5B. No Redistributable Code. The Development Tool(s) shall only be used by You for Your internal use, except as expressly provided in this License Agreement, and may be not be distributed, alone or as integrated with any other code or product, by You in any manner whatsoever to any third party.
17.5C. Open Source Code. Your license rights to the Development Tool(s) are conditioned upon Your not creating derivative works of the Development Tool(s) in any manner that would cause the Development Tool(s) 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.
17.5D. Third Party Consultants. You may allow third party consultants to exercise the right granted in this Section 17.5 on Your behalf provided that: (a) You ensure that such consultants adhere to the applicable terms and conditions of this License Agreement; and (b) You indemnify Symantec for any breach of this License Agreement by such consultants.
17.5E. Warranty Disclaimer. THE DEVELOPMENT TOOL(S) ARE 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. FURTHERMORE, SYMANTEC SHALL NOT BE LIABLE UNDER ANY THEORY FOR ANY DAMAGES SUFFERED BY YOU OR ANY USER OF THE DEVELOPMENT TOOL(S) OR ANY APPLICATIONS PROVIDED BY YOU WHICH WERE DEVELOPED USING THE DEVELOPMENT TOOL(S).
17.5F. Development Disclaimer: Notwithstanding any other provision of this License Agreement, the following terms shall be applicable to the Development Tool(s): THE Development Tool(s) ALLOW YOU TO INTEGRATE THE LICENSED SOFTWARE WITH YOUR EXISTING SYSTEMS, OTHER SYMANTEC PRODUCTS, OR THIRD PARTY PRODUCTS, SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION 17.5. SYMANTEC SHALL NOT BE RESPONSIBLE FOR ANY SUCH INTEGRATION OR ANY DEVELOPMENT AND PROGRAMMING ACTIVITIES UNDERTAKEN BY YOU, INCLUDING BUT NOT LIMITED TO USE OF THE DEVELOPMENT TOOL(S) FOR OTHER THAN THEIR INTENDED PURPOSE. UNLESS YOU USE THE APPROPRIATE DEGREE OF SKILL AND CARE IN YOUR DEVELOPMENT AND PROGRAMMING ACTIVITIES, YOUR INTEGRATION OF THE LICENSED SOFTWARE WITH YOUR EXISTING SYSTEMS, OTHER SYMANTEC PRODUCTS, OR THIRD PARTY PRODUCTS MAY CAUSE ERRORS OR PROBLEMS IN THE USE OR OPERATION OF THE LICENSED SOFTWARE. YOU MAY USE THE Development Tool(s) TO INTEGRATE THE LICENSED SOFTWARE WITH YOUR EXISTING SYSTEMS, OTHER SYMANTEC PRODUCTS, OR THIRD PARTY PRODUCTS AT YOUR SOLE RISK. SYMANTEC SHALL HAVE NO LIABILITY FOR ANY USE OF THE DEVELOPMENT TOOL(S) FOR OTHER PURPOSES OR FOR ANY FAILURE OF THE Development Tool(s) AND/OR THE LICENSED SOFTWARE BASED ON YOUR FAILURE TO PROPERLY DEVELOP, PROGRAM, INSTALL, CONFIGURE AND MONITOR YOUR INTEGRATION OF THE LICENSED SOFTWARE WITH YOUR EXISTING SYSTEMS, OTHER SYMANTEC PRODUCTS, OR THIRD PARTY PRODUCTS.
17.6 PRIVACY; DATA PROTECTION. The Licensed Software permits You to load and store information, which may include personally identifiable information, for use with the Licensed Software. Such information is subject to the terms of Your privacy policy and is not transmitted to or accessible by Symantec.
17.7 Section 10 (Maintenance/Support) of this License Agreement is hereby modified as follows:
“MAINTENANCE/SUPPORT. Symantec has no obligation under this License Agreement to provide maintenance/support for the Licensed Software. Any maintenance/support purchased for the Licensed Software is subject to Symantec’s then-current maintenance/support policies for such Licensed Software.”
17.8 The following additional terms and conditions apply to Your use of the Oracle Software: (i) You may not publish any results of benchmark tests run on the Oracle Software and (ii) the terms and conditions of the Uniform Computer Information Transaction Act (UCITA) are hereby expressly disclaimed and shall not have any applicability with respect to the interpretation of this License Agreement.
17.9 The following additional terms and conditions apply to Your use of the AIM Service Client Plug-In distributed with the Licensed Software (“AIM Plug-In”): (i) The AIM Plug-In is licensed to You by Symantec as part of the Licensed Software; for further information on AIM-enabled applications, refer to the "AIM® Enabled" webpage at http://dev.aol.com/aim/aimenabled; (ii) AOL does not provide any warranties for the AIM Plug-In and expressly disclaims all implied or express warranties, including the implied warranties of merchantability, accuracy, fitness for a particular purpose and non-infringement, in connection with the use or operation of the AOL Plug-In alone or in combination with the Licensed Software; (iii) AOL disclaims all liability for any service interruptions or the discontinuation of the AIM Service and the inability to access the AOL Messaging Network to the maximum extent permitted by law, even if You or Symantec have been advised such damages might occur; (iv) You may not take any actions that (a) create, or purport to create, any obligation on behalf of AOL, or (b) grant, or purport to grant, any rights or immunities to any third party under AOL's intellectual property rights or its other proprietary rights; and (v) AOL's collection of data via the AOL Messaging Network, if applicable, is subject to AOL Messaging Network privacy policies available at http://about.aol.com/aolnetwork/mem_policy and http://about.aol.com/aolnetwork/aol_pp.
GLB ENT EULA TEMPLATE v.1.0_STD ENGLISH_Symantec.Data.Loss.Prevention_23May2012
THIS SYMANTEC SOFTWARE LICENSE AGREEMENT GOVERNS YOUR USE OF THE PROPRIETARY SOFTWARE PROGRAM(S) FROM SYMANTEC CORPORATION. IF YOU CHOOSE TO INSTALL AND USE THE LINUX KERNEL COMPONENT, A SEPARATE LICENSE AGREEMENT WILL GOVERN YOUR USE OF THAT COMPONENT AND THE SYMANTEC SOFTWARE LICENSE AGREEMENT SET FORTH BELOW DOES NOT APPLY. THAT COMPONENT IS PROVIDED UNDER AND SUBJECT TO THE TERMS OF THE GNU GENERAL PUBLIC LICENSE, VERSION 2.0, THE TEXT OF WHICH FOLLOWS THE SYMANTEC SOFTWARE LICENSE AGREEMENT BELOW. SYMANTEC SOFTWARE LICENSE AGREEMENT
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 OPENING THE LICENSED SOFTWARE PACKAGE, BREAKING THE LICENSED SOFTWARE SEAL, CLICKING THE “I AGREE” OR “YES” BUTTON, OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR LOADING THE LICENSED SOFTWARE 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 FURTHER USE OF THE LICENSED SOFTWARE. UNLESS OTHERWISE DEFINED HEREIN, CAPITALIZED TERMS WILL HAVE THE MEANING GIVEN IN THE “DEFINITIONS” SECTION OF THIS LICENSE AGREEMENT AND SUCH CAPITALIZED TERMS MAY BE USED IN THE SINGULAR OR IN THE PLURAL, AS THE CONTEXT REQUIRES.
1. DEFINITIONS.“Content Updates” means content used by certain Symantec products which is updated from time to time, including but not limited to: updated anti-spyware definitions for anti-spyware products; updated antispam rules for antispam products; updated virus definitions for antivirus and crimeware products; updated URL lists for content filtering and antiphishing products; updated firewall rules for firewall products; updated intrusion detection data for intrusion detection products; updated lists of authenticated web pages for website authentication products; updated policy compliance rules for policy compliance products; and updated vulnerability signatures for vulnerability assessment products.
“Documentation” means the user documentation Symantec provides with the Licensed Software.
“License Instrument” means one or more of the following applicable documents which further defines Your license rights to the Licensed Software: a Symantec license certificate or a similar license document issued by Symantec, or a written agreement between You and Symantec, that accompanies, precedes or follows this License Agreement.
“Licensed Software” means the Symantec software product, in object code form, accompanying this License Agreement, including any Documentation included in, or provided for use with, such software or that accompanies this License Agreement.
“Support Certificate” means the certificate sent by Symantec confirming Your purchase of the applicable Symantec maintenance/support for the Licensed Software.
“Upgrade” means any version of the Licensed Software that has been released to the public and which replaces the prior version of the Licensed Software on Symantec’s price list pursuant to Symantec’s then-current upgrade policies.
“Use Level” means the license use meter or model (which may include operating system, hardware system, application or machine tier limitations, if applicable) by which Symantec measures, prices and licenses the right to use the Licensed Software, in effect at the time an order is placed for such Licensed Software, as indicated in this License Agreement and the applicable License Instrument.
2. LICENSE GRANT. Subject to Your compliance with the terms and conditions of this License Agreement, Symantec grants to You the following rights: (i) a non-exclusive, non-transferable (except as stated otherwise in Section 16.1) license to use the Licensed Software solely in support of Your internal business operations in the quantities and at the Use Levels described in this License Agreement and the applicable License Instrument; and (ii) the right to make a single uninstalled copy of the Licensed Software for archival purposes which You may use and install for disaster-recovery purposes (i.e. where the primary installation of the Licensed Software becomes unavailable for use).
2.1 TERM. The term of the Licensed Software license granted under this License Agreement shall be perpetual (subject to Section 14) unless stated otherwise in Section 17 or unless You have obtained the Licensed Software on a non-perpetual basis, such as, under a subscription or term-based license for the period of time indicated on the applicable License Instrument. If You have obtained the Licensed Software on a non-perpetual basis, Your rights to use such Licensed Software shall end on the applicable end date as indicated on the applicable License Instrument and You shall cease use of the Licensed Software as of such applicable end date.
3. 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; (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; (v) use of the Licensed Software by any party other than You; (vi) use of a later version of the Licensed Software other than the version that accompanies this License Agreement unless You have separately acquired the right to use such later version through a License Instrument or Support Certificate; nor (vii) use of the Licensed Software above the quantity and Use Level that have been licensed to You under this License Agreement or the applicable License Instrument.
4. OWNERSHIP/TITLE. The Licensed Software is the proprietary property of Symantec or its licensors and is protected by copyright law. 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.
5. CONTENT UPDATES. If You purchase a Symantec maintenance/support offering consisting of or including Content Updates, as indicated on Your Support Certificate, You are granted the right to use, as part of the Licensed Software, such Content Updates as and when they are made generally available to Symantec’s end user customers who have purchased such maintenance/support offering and for such period of time as indicated on the face of the applicable Support Certificate. This License Agreement does not otherwise permit You to obtain and use Content Updates.
6. UPGRADES/CROSS-GRADES. Symantec reserves the right to require that any upgrades (if any) of the Licensed Software may only be obtained in a quantity equal to the number indicated on the applicable License Instrument. An upgrade to an existing license shall not be deemed to increase the number of licenses which You are authorized to use. Additionally, if You upgrade a Licensed Software license, or purchase a Licensed Software license listed on the applicable License Instrument to cross-grade an existing license (i.e. to increase its functionality, and/or transfer it to a new operating system, hardware tier or licensing meter), then Symantec issues the applicable Licensed Instrument based on the understanding that You agree to cease using the original license. Any such license upgrade or cross-grade is provided under Symantec's policies in effect at the time of order. This License Agreement does not separately license You for additional licenses beyond those which You have purchased, and which have been authorized by Symantec as indicated on the applicable License Instrument.
7. LIMITED WARRANTY.
7.1. MEDIA WARRANTY. If Symantec provides the Licensed Software to You on tangible media, Symantec warrants that the magnetic media upon which the Licensed Software is recorded will not be defective under normal use, for a period of ninety (90) days from delivery. Symantec will replace any defective media returned to Symantec within the warranty period at no charge to You. The above warranty is inapplicable in the event the Licensed Software media becomes defective due to unauthorized use of the Licensed Software. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
7.2. PERFORMANCE WARRANTY. Symantec warrants that the Licensed Software, as delivered by Symantec and when used in accordance with the Documentation, will substantially conform to the Documentation for a period of ninety (90) days from delivery. If the Licensed Software does not comply with this warranty and such non-compliance is reported by You to Symantec within the ninety (90) day warranty period, Symantec will do one of the following, selected at Symantec’s reasonable discretion: either (i) repair the Licensed Software, (ii) replace the Licensed Software with software of substantially the same functionality, or (iii) terminate this License Agreement and refund the relevant license fees paid for such non-compliant Licensed Software. The above warranty specifically excludes defects resulting from accident, abuse, unauthorized repair, modifications or enhancements, or misapplication. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
8. WARRANTY DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WARRANTIES SET FORTH IN SECTIONS 7.1 AND 7.2 ARE YOUR EXCLUSIVE WARRANTIES AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. SYMANTEC MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OR USE OF THE LICENSED SOFTWARE, CONTENT UPDATES, AND UPGRADES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU MAY HAVE OTHER WARRANTY RIGHTS, WHICH MAY VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
9. 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 OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.
10. MAINTENANCE/SUPPORT. Symantec has no obligation under this License Agreement to provide maintenance/support for the Licensed Software. Any maintenance/support purchased for the Licensed Software is subject to Symantec’s then-current maintenance/support policies.
11. SOFTWARE EVALUATION. If the Licensed Software is provided to You for evaluation purposes and You have an evaluation agreement with Symantec for the Licensed Software, Your rights to evaluate the Licensed Software will be pursuant to the terms of such evaluation agreement. If You do not have an evaluation agreement with Symantec for the Licensed Software and if You are provided the Licensed Software for evaluation purposes, the following terms and conditions shall apply. Symantec grants to You a nonexclusive, temporary, royalty-free, non-assignable license to use the Licensed Software solely for internal non-production evaluation. Such evaluation license shall terminate (i) on the end date of the pre-determined evaluation period, if an evaluation period is pre-determined in the Licensed Software or (ii) sixty (60) days from the date of Your initial installation of the Licensed Software, if no such evaluation period is pre-determined in the Licensed Software (“Evaluation Period”). The Licensed Software may not be transferred and is provided “AS IS” without warranty of any kind. You are solely responsible to take appropriate measures to back up Your system and take other measures to prevent any loss of files or data. The Licensed Software may contain an automatic disabling mechanism that prevents its use after a certain period of time. Upon expiration of the Licensed Software Evaluation Period, You will cease use of the Licensed Software and destroy all copies of the Licensed Software. All other terms and conditions of this License Agreement shall otherwise apply to Your evaluation of the Licensed Software as permitted herein.
12. U.S. GOVERNMENT RESTRICTED RIGHTS. The Licensed 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 Licensed Software - Restricted Rights" and DFARS 227.7202, “Rights in Commercial Computer Licensed Software or Commercial Computer Licensed Software Documentation”, as applicable, and any successor regulations. Any use, modification, reproduction release, performance, display or disclosure of the Licensed Software by the U.S. Government shall be solely in accordance with the terms of this License Agreement.
13. 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. All Symantec products, including the Controlled Technology are prohibited for export or re-export to Cuba, North Korea, Iran, Syria and Sudan and to any country subject to relevant trade sanctions. You hereby agree that You will not export or sell any Controlled Technology for use in connection with chemical, biological, or nuclear weapons, or missiles, drones or space launch vehicles capable of delivering such weapons.
14. TERMINATION. This License Agreement shall terminate upon Your breach of any term contained herein. Upon termination, You shall immediately stop using and destroy all copies of the Licensed Software.
15. SURVIVAL. The following provisions of this License Agreement survive termination of this License Agreement: Definitions, License Restrictions and any other restrictions on use of intellectual property, Ownership/Title, Warranty Disclaimers, Limitation of Liability, U.S. Government Restricted Rights, Export Regulation, Survival, and General.
16. GENERAL.
16.1. ASSIGNMENT. 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.
16.2. COMPLIANCE WITH APPLICABLE LAW. You are solely responsible for Your compliance with, and You agree to comply with, all applicable laws, rules, and regulations in connection with Your use of the Licensed Software.
16.3. AUDIT. An auditor, selected by Symantec and reasonably acceptable to You, may, upon reasonable notice and during normal business hours, but not more often than once each year, inspect Your records and deployment in order to confirm that Your use of the Licensed Software complies with this License Agreement and the applicable License Instrument. Symantec shall bear the costs of any such audit, except where the audit demonstrates that the Manufacturer’s Suggested Reseller Price (MSRP) value of Your non-compliant usage exceeds five percent (5%) of the MSRP value of Your compliant deployments. In such case, in addition to purchasing appropriate licenses for any over-deployed Licensed Software, You shall reimburse Symantec for the auditor’s reasonable actual fees for such audit.
16.4. GOVERNING LAW; SEVERABILITY; WAIVER. 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.
16.5. 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.
16.6. CUSTOMER SERVICE. Should You have any questions concerning this License Agreement, or if You desire to contact Symantec for any reason, please write to: (i) Symantec Enterprise Customer Care, 555 International Way, Springfield, Oregon 97477, U.S.A., (ii) Symantec Enterprise Customer Care Center, PO BOX 5689, Dublin 15, Ireland, or (iii) Symantec Enterprise Customer Care, 1 Julius Ave, North Ryde, NSW 2113, Australia.
16.7. ENTIRE AGREEMENT. This License Agreement and any related License Instrument are the complete and exclusive agreement between You and Symantec relating to the Licensed Software and supersede any previous or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter. This License Agreement prevails over any conflicting or additional terms of any purchase order, ordering document, acknowledgement or confirmation or other document issued by You, even if signed and returned. This License Agreement may only be modified by a License Instrument that accompanies or follows this License Agreement.
17. ADDITIONAL TERMS AND CONDITIONS. Your use of the Licensed Software is subject to the terms and conditions below in addition to those stated above.
17.1 Definitions.
A. “License Certificate” includes a written communication issued by Symantec confirming Your license of the Licensed Software and that accompanies, precedes or follows this License Agreement.
B. “Maintenance Certificate” includes a written communication issued by Symantec confirming Your maintenance/support for the Licensed Software and that accompanies, precedes or follows this License Agreement.
17.2 Node License. Under the terms of a Node License, you may use the Licensed Software to manage an aggregate number of Nodes within your organization not to exceed the sum of your licensed nodal count. A “Node” is any asset under management by the Licensed Software. An asset is: (a) a physical device such as a computer, PDA, or server, (b) a virtual device, such as an operating environment that may be running concurrently with another operating environment on a single physical device (e.g., VMware*, Virtual PC*, Virtual Server*), or (c) an object stored by the Licensed Software in a database, such object representing a physical or virtual asset for which data is being tracked or managed by the Licensed Software (e.g., printer, copier, etc.). A Node License will be deemed consumed for a particular Licensed Software product once an asset (as defined above) has been managed by a particular Licensed Software product. An asset has been managed by a particular Licensed Software product once the Licensed Software product or portion of the Licensed Software product such as an agent has (i) been run locally on an asset, (ii) remotely interacted with and/or received a response from an asset, (iii) configured or changed a setting of or migrated settings to or from an asset, (iv) participated in the creation or deployment of a disk image or (v) otherwise performed any management functionality that such particular Licensed Software product has been designed to perform with respect to an asset. You must purchase a sufficient number of Node Licenses to cover all Node Licenses consumed by a particular Licensed Software product.
17.3 Microsoft WAIK. If the Licensed Software You have licensed includes the Microsoft Window Automated Installation Kit (the “Component”), the following uses and restrictions apply to the Component:
A. The Component contains Windows® software licensed from Microsoft Corporation. Microsoft Corporation has no liability to You for the Component. Any support for the Component will be provided by Symantec in accordance with Symantec’s then-current support guidelines.
B. Notwithstanding any other term of this Agreement, the Component is provided without warranty of any kind whatsoever and is licensed “As Is.”
Windows® is a registered trademark of Microsoft Corporation.
17.4 Linux Kernel. The Linux Kernel component is not governed by this License Agreement. If you choose to install and use the Linux Kernel, your use of that component will be subject to and governed by the terms of a separate license agreement, the GNU General Public License, version 2.0, reproduced below.
17.5 PRIVACY; DATA PROTECTION. From time to time, the Software may collect certain information from the computer on which it is installed, which may include system and storage configuration data including system IP addresses, and other general, statistical information for product administration and analysis, and for improving product functionality. This information is collected and stored on Your system and is not transmitted externally without first obtaining Your consent.
GLB ENT EULA TEMPLATE v1.0_Altiris Deployment Solution v7.1_11.12.09
]]>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
OPENING THE LICENSED SOFTWARE PACKAGE, BREAKING THE LICENSED SOFTWARE SEAL,
CLICKING THE “I AGREE” OR “YES” BUTTON, OR OTHERWISE INDICATING ASSENT
ELECTRONICALLY, OR LOADING THE LICENSED SOFTWARE 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 FURTHER USE OF THE LICENSED
SOFTWARE. UNLESS OTHERWISE DEFINED HEREIN, CAPITALIZED TERMS WILL HAVE THE
MEANING GIVEN IN THE “DEFINITIONS” SECTION OF THIS LICENSE AGREEMENT AND SUCH
CAPITALIZED TERMS MAY BE USED IN THE SINGULAR OR IN THE PLURAL, AS THE CONTEXT
REQUIRES.
1. DEFINITIONS.
“Content
Updates”
means content used by certain Symantec products which is updated from time to
time, including but not limited to: updated anti-spyware definitions for
anti-spyware products; updated antispam rules for antispam products; updated
virus definitions for antivirus and crimeware products; updated URL lists for
content filtering and antiphishing products; updated firewall rules for
firewall products; updated intrusion detection data for intrusion detection
products; updated lists of authenticated web pages for website authentication
products; updated policy compliance rules for policy compliance products; and updated
vulnerability signatures for vulnerability assessment products.
“Documentation” means the user documentation
Symantec provides with the Licensed Software.
“License
Instrument”
means one or more of the following applicable documents which further defines
Your license rights to the Licensed Software: a Symantec license certificate or
a similar license document issued by Symantec, or a written agreement between
You and Symantec, that accompanies, precedes or follows this License Agreement.
“Licensed
Software”
means the Symantec software product, in object code form, accompanying this
License Agreement, including any Documentation included in, or provided for use
with, such software or that accompanies this License Agreement.
“Support
Certificate”
means the certificate sent by Symantec confirming Your purchase of the applicable
Symantec maintenance/support for the Licensed Software.
“Upgrade” means any version of
the Licensed Software that has been released to the public and which replaces
the prior version of the Licensed Software on Symantec’s price list pursuant to
Symantec’s then-current upgrade policies.
“Use Level” means the license use
meter or model (which may include operating
system, hardware system, application or machine tier limitations, if
applicable) by which Symantec measures, prices and licenses the right to
use the Licensed Software, in effect at the time an order is placed for such
Licensed Software, as indicated in this License Agreement and the applicable
License Instrument.
2. LICENSE GRANT. Subject to Your compliance with the terms and
conditions of this License Agreement, Symantec grants to You the following
rights: (i) a non-exclusive, non-transferable (except as stated otherwise in
Section 16.1) license to use the Licensed Software solely in support of Your
internal business operations in the quantities and at the Use Levels described
in this License Agreement and the applicable License Instrument; and (ii) the
right to make a single uninstalled copy
of the Licensed Software for archival purposes which You may use and install
for disaster-recovery purposes (i.e. where the primary installation of the
Licensed Software becomes unavailable for use).
2.1 TERM. The term
of the Licensed Software license granted under this License Agreement shall be perpetual
(subject to Section 14) unless stated otherwise in Section 17 or unless You have obtained the Licensed
Software on a non-perpetual basis, such
as, under a subscription or term-based license for the period of time indicated
on the applicable License Instrument. If You have obtained the Licensed
Software on a non-perpetual basis, Your rights to use such Licensed Software shall
end on the applicable end date as indicated on the applicable License
Instrument and You shall cease use of the Licensed Software as of such
applicable end date.
3. 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; (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; (v) use of the Licensed Software by any party other than You; (vi) use of
a later version of the Licensed Software other than the version that
accompanies this License Agreement unless You have separately acquired the
right to use such later version through a License Instrument or Support Certificate;
nor (vii) use of the Licensed Software above the quantity and Use Level that
have been licensed to You under this License Agreement or the applicable
License Instrument.
4. OWNERSHIP/TITLE. The Licensed Software
is the proprietary property of Symantec or its licensors and is protected by
copyright law. 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.
5. CONTENT UPDATES. If You purchase a
Symantec maintenance/support offering consisting of or including Content
Updates, as indicated on Your Support Certificate, You are granted the right to
use, as part of the Licensed Software, such Content Updates as and when they
are made generally available to Symantec’s end user customers who have
purchased such maintenance/support offering and for such period of time as
indicated on the face of the applicable Support Certificate. This License Agreement
does not otherwise permit You to obtain and use Content Updates.
6. UPGRADES/CROSS-GRADES. Symantec reserves the right to require
that any upgrades (if any) of the Licensed Software may only be obtained in a
quantity equal to the number indicated on the applicable License Instrument. An
upgrade to an existing license shall not be deemed to increase the number of
licenses which You are authorized to use. Additionally, if You upgrade a Licensed
Software license, or purchase a Licensed Software license listed on the
applicable License Instrument to cross-grade an existing license (i.e. to
increase its functionality, and/or transfer it to a new operating system,
hardware tier or licensing meter), then Symantec issues the applicable Licensed
Instrument based on the understanding that You agree to cease using the
original license. Any such license upgrade or cross-grade is provided under
Symantec's policies in effect at the time of order. This License Agreement does
not separately license You for additional licenses beyond those which You have
purchased, and which have been authorized by Symantec as indicated on the
applicable License Instrument.
7. LIMITED WARRANTY.
7.1. MEDIA WARRANTY. If Symantec provides the
Licensed Software to You on tangible media, Symantec warrants that the magnetic
media upon which the Licensed Software is recorded will not be defective under
normal use, for a period of ninety (90) days from delivery. Symantec will
replace any defective media returned to Symantec within the warranty period at
no charge to You. The above warranty is inapplicable in the event the Licensed
Software media becomes defective due to unauthorized use of the Licensed
Software. THE FOREGOING IS YOUR SOLE AND
EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
7.2. PERFORMANCE WARRANTY. Symantec warrants
that the Licensed Software, as delivered by Symantec and when used in
accordance with the Documentation, will substantially conform to the
Documentation for a period of ninety (90) days from delivery. If the Licensed
Software does not comply with this warranty and such non-compliance is reported
by You to Symantec within the ninety (90) day warranty period, Symantec will do
one of the following, selected at Symantec’s reasonable discretion: either (i)
repair the Licensed Software, (ii) replace the Licensed Software with software
of substantially the same functionality, or (iii) terminate this License
Agreement and refund the relevant license fees paid for such non-compliant
Licensed Software. The above warranty specifically excludes defects resulting
from accident, abuse, unauthorized repair, modifications or enhancements, or
misapplication. THE FOREGOING IS YOUR
SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
8. WARRANTY DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE warranties
set forth in sections 7.1 and 7.2 are YOUR exclusive warranties AND ARE IN LIEU OF ALL
OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. SYMANTEC MAKES NO WARRANTIES OR REPRESENTATIONS THAT
THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES WILL MEET YOUR REQUIREMENTS
OR THAT OPERATION OR USE OF THE LICENSED SOFTWARE, CONTENT UPDATES, AND
UPGRADES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU MAY HAVE OTHER WARRANTY RIGHTS,
WHICH MAY VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
9. 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 OR
ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY
COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF
PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION,
LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR
ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL,
CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR
INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS,
SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL
SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING
RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR
LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE
OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE
DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR
NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.
10. MAINTENANCE/SUPPORT. Symantec has no
obligation under this License Agreement to provide maintenance/support for the
Licensed Software. Any maintenance/support purchased for the Licensed Software
is subject to Symantec’s then-current maintenance/support policies.
11. SOFTWARE EVALUATION. If the Licensed
Software is provided to You for evaluation purposes and You have an evaluation
agreement with Symantec for the Licensed Software, Your rights to evaluate the
Licensed Software will be pursuant to the terms of such evaluation agreement.
If You do not have an evaluation agreement with Symantec for the Licensed
Software and if You are provided the Licensed Software for evaluation purposes, the following terms and conditions shall
apply. Symantec
grants to You a nonexclusive, temporary, royalty-free, non-assignable license
to use the Licensed Software solely for internal non-production evaluation. Such
evaluation license shall terminate (i) on the end date of the pre-determined
evaluation period, if an evaluation period is pre-determined in the Licensed
Software or (ii) sixty (60) days from the date of Your initial installation of
the Licensed Software, if no such evaluation period is pre-determined in the
Licensed Software (“Evaluation Period”). The Licensed Software may not be transferred and is provided “AS
IS” without warranty of any kind. You are solely responsible to take
appropriate measures to back up Your system and take other measures to prevent
any loss of files or data. The Licensed Software may contain an automatic
disabling mechanism that prevents its use after a certain period of time. Upon
expiration of the Licensed Software Evaluation Period, You will cease use of
the Licensed Software and destroy all copies of the Licensed Software. All
other terms and conditions of this License Agreement shall otherwise apply to
Your evaluation of the Licensed Software as permitted herein.
12.
13. 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
14. TERMINATION. This License Agreement shall terminate upon Your breach of any term
contained herein. Upon termination, You shall immediately stop using and
destroy all copies of the Licensed Software.
15. SURVIVAL. The following provisions of
this License Agreement survive termination of this License Agreement: Definitions,
License Restrictions and any other restrictions on use of intellectual property,
Ownership/Title, Warranty Disclaimers, Limitation of Liability, U.S. Government
Restricted Rights, Export Regulation, Survival, and General.
16. GENERAL.
16.1. ASSIGNMENT. 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.
16.2. COMPLIANCE WITH APPLICABLE LAW. You
are solely responsible for Your compliance with, and You agree to comply with,
all applicable laws, rules, and regulations in connection with Your use of the
Licensed Software.
16.3. AUDIT. An auditor, selected by Symantec
and reasonably acceptable to You, may, upon reasonable notice and during normal
business hours, but not more often than once each year, inspect Your records
and deployment in order to confirm that Your use of the Licensed Software
complies with this License Agreement and the applicable License Instrument.
Symantec shall bear the costs of any such audit, except where the audit
demonstrates that the Manufacturer’s Suggested Reseller Price (MSRP) value of
Your non-compliant usage exceeds five percent (5%) of the MSRP value of Your
compliant deployments. In such case, in addition to purchasing appropriate
licenses for any over-deployed Licensed Software, You shall reimburse Symantec
for the auditor’s reasonable actual fees for such audit.
16.4. GOVERNING
LAW; SEVERABILITY; WAIVER. If You are located
in North America or Latin America, this License Agreement will be governed by
the laws of the State of
16.5. 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.
16.6. CUSTOMER SERVICE.
Should You have any questions concerning this License Agreement, or if You
desire to contact Symantec for any reason, please write to: (i) Symantec Enterprise
Customer Care, 555 International Way,
16.7. ENTIRE AGREEMENT. This License Agreement and any related License
Instrument are the complete and exclusive agreement between You and Symantec
relating to the Licensed Software and supersede any previous or contemporaneous
oral or written communications, proposals, and representations with respect to
its subject matter. This License Agreement prevails over any conflicting
or additional terms of any purchase order, ordering document, acknowledgement
or confirmation or other document issued by You, even if signed and returned. This License Agreement may only be modified by a
License Instrument that accompanies or follows this License Agreement.
17. ADDITIONAL
TERMS AND CONDITIONS. Your
use of the Licensed Software is subject to the terms and conditions below in
addition to those stated above.
17.1 Definitions.
A. License Certificate includes a written
communication issued by Symantec confirming Your license of the Licensed
Software and that accompanies, precedes or follows this License Agreement.
B. Maintenance Certificate includes a written
communication issued by Symantec confirming Your maintenance/support for the
Licensed Software and that accompanies, precedes or follows this License
Agreement.
17.2 Node
License. Under the terms of a Node
License, you may use the Licensed Software to manage an aggregate number of
Nodes within your organization not to exceed the sum of your licensed nodal
count. A “Node” is any asset under
management by the Licensed Software. An
asset is: (a) a physical device such as a computer, PDA, or server, (b) a
virtual device, such as an operating environment that may be running
concurrently with another operating environment on a single physical device
(e.g., VMware*, Virtual PC*, Virtual Server*), or (c) an object stored by the Licensed
Software in a database, such object representing a physical or virtual asset
for which data is being tracked or managed by the Licensed Software (e.g.,
printer, copier, etc.). A Node License will be deemed consumed for a particular
Licensed Software product once an asset (as defined above) has been managed by
a particular Software product. An asset has been managed by a particular Licensed
Software product once the Licensed Software product has (i) been run locally on
an asset, (ii) remotely interacted with and/or received a response from an
asset, (iii) configured or changed a setting of or migrated settings to or from
an asset, or (iv) otherwise performed any management functionality that such
particular Licensed Software product has been designed to perform with respect
to an asset. You must purchase a sufficient number of Node Licenses to cover
all Node Licenses consumed by a particular Licensed Software product.
GLB
ENT EULA TEMPLATE v1.0_ Altiris
Inventory Solution for Network Devices v7.0_030508
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
OPENING THE LICENSED SOFTWARE PACKAGE, BREAKING THE LICENSED SOFTWARE SEAL,
CLICKING THE “I AGREE” OR “YES” BUTTON, OR OTHERWISE INDICATING ASSENT
ELECTRONICALLY, OR LOADING THE LICENSED SOFTWARE 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 FURTHER USE OF THE LICENSED
SOFTWARE. UNLESS OTHERWISE DEFINED HEREIN, CAPITALIZED TERMS WILL HAVE THE
MEANING GIVEN IN THE “DEFINITIONS” SECTION OF THIS LICENSE AGREEMENT AND SUCH
CAPITALIZED TERMS MAY BE USED IN THE SINGULAR OR IN THE PLURAL, AS THE CONTEXT
REQUIRES.
1. DEFINITIONS.
“Content
Updates”
means content used by certain Symantec products which is updated from time to
time, including but not limited to: updated anti-spyware definitions for
anti-spyware products; updated antispam rules for antispam products; updated
virus definitions for antivirus and crimeware products; updated URL lists for
content filtering and antiphishing products; updated firewall rules for
firewall products; updated intrusion detection data for intrusion detection
products; updated lists of authenticated web pages for website authentication
products; updated policy compliance rules for policy compliance products; and updated
vulnerability signatures for vulnerability assessment products.
“Documentation” means the user documentation
Symantec provides with the Licensed Software.
“License
Instrument”
means one or more of the following applicable documents which further defines
Your license rights to the Licensed Software: a Symantec license certificate or
a similar license document issued by Symantec, or a written agreement between
You and Symantec, that accompanies, precedes or follows this License Agreement.
“Licensed
Software”
means the Symantec software product, in object code form, accompanying this
License Agreement, including any Documentation included in, or provided for use
with, such software or that accompanies this License Agreement.
“Support
Certificate”
means the certificate sent by Symantec confirming Your purchase of the applicable
Symantec maintenance/support for the Licensed Software.
“Upgrade” means any version of
the Licensed Software that has been released to the public and which replaces
the prior version of the Licensed Software on Symantec’s price list pursuant to
Symantec’s then-current upgrade policies.
“Use Level” means the license use
meter or model (which may include operating
system, hardware system, application or machine tier limitations, if
applicable) by which Symantec measures, prices and licenses the right to
use the Licensed Software, in effect at the time an order is placed for such
Licensed Software, as indicated in this License Agreement and the applicable
License Instrument.
2. LICENSE GRANT. Subject to Your compliance with the terms and
conditions of this License Agreement, Symantec grants to You the following
rights: (i) a non-exclusive, non-transferable (except as stated otherwise in
Section 16.1) license to use the Licensed Software solely in support of Your
internal business operations in the quantities and at the Use Levels described
in this License Agreement and the applicable License Instrument; and (ii) the
right to make a single uninstalled copy
of the Licensed Software for archival purposes which You may use and install
for disaster-recovery purposes (i.e. where the primary installation of the
Licensed Software becomes unavailable for use).
2.1 TERM. The term
of the Licensed Software license granted under this License Agreement shall be perpetual
(subject to Section 14) unless stated otherwise in Section 17 or unless You have obtained the Licensed
Software on a non-perpetual basis, such
as, under a subscription or term-based license for the period of time indicated
on the applicable License Instrument. If You have obtained the Licensed
Software on a non-perpetual basis, Your rights to use such Licensed Software shall
end on the applicable end date as indicated on the applicable License
Instrument and You shall cease use of the Licensed Software as of such
applicable end date.
3. 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; (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; (v) use of the Licensed Software by any party other than You; (vi) use of
a later version of the Licensed Software other than the version that
accompanies this License Agreement unless You have separately acquired the
right to use such later version through a License Instrument or Support Certificate;
nor (vii) use of the Licensed Software above the quantity and Use Level that
have been licensed to You under this License Agreement or the applicable
License Instrument.
4. OWNERSHIP/TITLE. The Licensed Software
is the proprietary property of Symantec or its licensors and is protected by
copyright law. 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.
5. CONTENT UPDATES. If You purchase a
Symantec maintenance/support offering consisting of or including Content
Updates, as indicated on Your Support Certificate, You are granted the right to
use, as part of the Licensed Software, such Content Updates as and when they
are made generally available to Symantec’s end user customers who have
purchased such maintenance/support offering and for such period of time as
indicated on the face of the applicable Support Certificate. This License Agreement
does not otherwise permit You to obtain and use Content Updates.
6. UPGRADES/CROSS-GRADES. Symantec reserves the right to require
that any upgrades (if any) of the Licensed Software may only be obtained in a
quantity equal to the number indicated on the applicable License Instrument. An
upgrade to an existing license shall not be deemed to increase the number of
licenses which You are authorized to use. Additionally, if You upgrade a Licensed
Software license, or purchase a Licensed Software license listed on the
applicable License Instrument to cross-grade an existing license (i.e. to
increase its functionality, and/or transfer it to a new operating system,
hardware tier or licensing meter), then Symantec issues the applicable Licensed
Instrument based on the understanding that You agree to cease using the
original license. Any such license upgrade or cross-grade is provided under
Symantec's policies in effect at the time of order. This License Agreement does
not separately license You for additional licenses beyond those which You have
purchased, and which have been authorized by Symantec as indicated on the
applicable License Instrument.
7. LIMITED WARRANTY.
7.1. MEDIA WARRANTY. If Symantec provides the
Licensed Software to You on tangible media, Symantec warrants that the magnetic
media upon which the Licensed Software is recorded will not be defective under
normal use, for a period of ninety (90) days from delivery. Symantec will
replace any defective media returned to Symantec within the warranty period at
no charge to You. The above warranty is inapplicable in the event the Licensed
Software media becomes defective due to unauthorized use of the Licensed
Software. THE FOREGOING IS YOUR SOLE AND
EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
7.2. PERFORMANCE WARRANTY. Symantec warrants
that the Licensed Software, as delivered by Symantec and when used in
accordance with the Documentation, will substantially conform to the
Documentation for a period of ninety (90) days from delivery. If the Licensed
Software does not comply with this warranty and such non-compliance is reported
by You to Symantec within the ninety (90) day warranty period, Symantec will do
one of the following, selected at Symantec’s reasonable discretion: either (i)
repair the Licensed Software, (ii) replace the Licensed Software with software
of substantially the same functionality, or (iii) terminate this License
Agreement and refund the relevant license fees paid for such non-compliant
Licensed Software. The above warranty specifically excludes defects resulting
from accident, abuse, unauthorized repair, modifications or enhancements, or
misapplication. THE FOREGOING IS YOUR
SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
8. WARRANTY DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE warranties
set forth in sections 7.1 and 7.2 are YOUR exclusive warranties AND ARE IN LIEU OF ALL
OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. SYMANTEC MAKES NO WARRANTIES OR REPRESENTATIONS THAT
THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES WILL MEET YOUR REQUIREMENTS
OR THAT OPERATION OR USE OF THE LICENSED SOFTWARE, CONTENT UPDATES, AND
UPGRADES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU MAY HAVE OTHER WARRANTY RIGHTS,
WHICH MAY VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
9. 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 OR
ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY
COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF
PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION,
LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR
ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL,
CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR
INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS,
SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL
SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING
RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR
LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE
OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE
DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR
NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.
10. MAINTENANCE/SUPPORT. Symantec has no
obligation under this License Agreement to provide maintenance/support for the
Licensed Software. Any maintenance/support purchased for the Licensed Software
is subject to Symantec’s then-current maintenance/support policies.
11. SOFTWARE EVALUATION. If the Licensed
Software is provided to You for evaluation purposes and You have an evaluation
agreement with Symantec for the Licensed Software, Your rights to evaluate the
Licensed Software will be pursuant to the terms of such evaluation agreement.
If You do not have an evaluation agreement with Symantec for the Licensed
Software and if You are provided the Licensed Software for evaluation purposes, the following terms and conditions shall
apply. Symantec
grants to You a nonexclusive, temporary, royalty-free, non-assignable license
to use the Licensed Software solely for internal non-production evaluation. Such
evaluation license shall terminate (i) on the end date of the pre-determined
evaluation period, if an evaluation period is pre-determined in the Licensed
Software or (ii) sixty (60) days from the date of Your initial installation of
the Licensed Software, if no such evaluation period is pre-determined in the
Licensed Software (“Evaluation Period”). The Licensed Software may not be transferred and is provided “AS
IS” without warranty of any kind. You are solely responsible to take
appropriate measures to back up Your system and take other measures to prevent
any loss of files or data. The Licensed Software may contain an automatic
disabling mechanism that prevents its use after a certain period of time. Upon
expiration of the Licensed Software Evaluation Period, You will cease use of
the Licensed Software and destroy all copies of the Licensed Software. All
other terms and conditions of this License Agreement shall otherwise apply to
Your evaluation of the Licensed Software as permitted herein.
12.
13. 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
14. TERMINATION. This License Agreement shall terminate upon Your breach of any term
contained herein. Upon termination, You shall immediately stop using and
destroy all copies of the Licensed Software.
15. SURVIVAL. The following provisions of
this License Agreement survive termination of this License Agreement: Definitions,
License Restrictions and any other restrictions on use of intellectual property,
Ownership/Title, Warranty Disclaimers, Limitation of Liability, U.S. Government
Restricted Rights, Export Regulation, Survival, and General.
16. GENERAL.
16.1. ASSIGNMENT. 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.
16.2. COMPLIANCE WITH APPLICABLE LAW. You
are solely responsible for Your compliance with, and You agree to comply with,
all applicable laws, rules, and regulations in connection with Your use of the
Licensed Software.
16.3. AUDIT. An auditor, selected by Symantec
and reasonably acceptable to You, may, upon reasonable notice and during normal
business hours, but not more often than once each year, inspect Your records
and deployment in order to confirm that Your use of the Licensed Software
complies with this License Agreement and the applicable License Instrument.
Symantec shall bear the costs of any such audit, except where the audit
demonstrates that the Manufacturer’s Suggested Reseller Price (MSRP) value of
Your non-compliant usage exceeds five percent (5%) of the MSRP value of Your
compliant deployments. In such case, in addition to purchasing appropriate
licenses for any over-deployed Licensed Software, You shall reimburse Symantec
for the auditor’s reasonable actual fees for such audit.
16.4. GOVERNING
LAW; SEVERABILITY; WAIVER. If You are located
in North America or Latin America, this License Agreement will be governed by
the laws of the State of
16.5. 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.
16.6. CUSTOMER SERVICE.
Should You have any questions concerning this License Agreement, or if You
desire to contact Symantec for any reason, please write to: (i) Symantec Enterprise
Customer Care, 555 International Way,
16.7. ENTIRE AGREEMENT. This License Agreement and any related License
Instrument are the complete and exclusive agreement between You and Symantec
relating to the Licensed Software and supersede any previous or contemporaneous
oral or written communications, proposals, and representations with respect to
its subject matter. This License Agreement prevails over any conflicting
or additional terms of any purchase order, ordering document, acknowledgement
or confirmation or other document issued by You, even if signed and returned. This License Agreement may only be modified by a
License Instrument that accompanies or follows this License Agreement.
17. ADDITIONAL
TERMS AND CONDITIONS. Your
use of the Licensed Software is subject to the terms and conditions below in
addition to those stated above.
17.1 Definitions.
A. License Certificate includes a written
communication issued by Symantec confirming Your license of the Licensed
Software and that accompanies, precedes or follows this License Agreement.
B. Maintenance Certificate includes a written
communication issued by Symantec confirming Your maintenance/support for the
Licensed Software and that accompanies, precedes or follows this License
Agreement.
C.
Node
License. Under
the terms of a Node License, you may use the Licensed Software to manage an
aggregate
number
of Nodes within your organization not to exceed the sum of your licensed nodal
count. A “Node” is any asset under
management by the Licensed Software. An
asset is: (a) a physical device such as a computer, PDA, or server, (b) a
virtual device, such as an operating environment that may be running
concurrently with another operating environment on a single physical device
(e.g., VMware*, Virtual PC*, Virtual Server*), or (c) an object stored by the Licensed
Software in a database, such object representing a physical or virtual asset
for which data is being tracked or managed by the Licensed Software (e.g.,
printer, copier, etc.). A Node License will be deemed consumed for a particular
Licensed Software product once an asset (as defined above) has been managed by
a particular Software product. An asset has been managed by a particular Licensed
Software product once the Licensed Software product has (i) been run locally on
an asset, (ii) remotely interacted with and/or received a response from an
asset, (iii) configured or changed a setting of or migrated settings to or from
an asset, or (iv) otherwise performed any management functionality that such particular
Licensed Software product has been designed to perform with respect to an
asset. You must purchase a sufficient number of Node Licenses to cover all Node
Licenses consumed by a particular Licensed Software product.
GLB
ENT EULA TEMPLATE v1.0_Altiris Inventory Pack for Servers v 7.0_060908
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
OPENING THE LICENSED SOFTWARE PACKAGE, BREAKING THE LICENSED SOFTWARE SEAL,
CLICKING THE “I AGREE” OR “YES” BUTTON, OR OTHERWISE INDICATING ASSENT
ELECTRONICALLY, OR LOADING THE LICENSED SOFTWARE 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 FURTHER USE OF THE LICENSED
SOFTWARE. UNLESS OTHERWISE DEFINED HEREIN, CAPITALIZED TERMS WILL HAVE THE
MEANING GIVEN IN THE “DEFINITIONS” SECTION OF THIS LICENSE AGREEMENT AND SUCH
CAPITALIZED TERMS MAY BE USED IN THE SINGULAR OR IN THE PLURAL, AS THE CONTEXT
REQUIRES.
1. DEFINITIONS.
“Content
Updates”
means content used by certain Symantec products which is updated from time to
time, including but not limited to: updated anti-spyware definitions for
anti-spyware products; updated antispam rules for antispam products; updated
virus definitions for antivirus and crimeware products; updated URL lists for
content filtering and antiphishing products; updated firewall rules for
firewall products; updated intrusion detection data for intrusion detection
products; updated lists of authenticated web pages for website authentication
products; updated policy compliance rules for policy compliance products; and updated
vulnerability signatures for vulnerability assessment products.
“Documentation” means the user documentation
Symantec provides with the Licensed Software.
“License
Instrument”
means one or more of the following applicable documents which further defines
Your license rights to the Licensed Software: a Symantec license certificate or
a similar license document issued by Symantec, or a written agreement between
You and Symantec, that accompanies, precedes or follows this License Agreement.
“Licensed
Software”
means the Symantec software product, in object code form, accompanying this
License Agreement, including any Documentation included in, or provided for use
with, such software or that accompanies this License Agreement.
“Support
Certificate”
means the certificate sent by Symantec confirming Your purchase of the applicable
Symantec maintenance/support for the Licensed Software.
“Upgrade” means any version of
the Licensed Software that has been released to the public and which replaces
the prior version of the Licensed Software on Symantec’s price list pursuant to
Symantec’s then-current upgrade policies.
“Use Level” means the license use
meter or model (which may include operating
system, hardware system, application or machine tier limitations, if
applicable) by which Symantec measures, prices and licenses the right to
use the Licensed Software, in effect at the time an order is placed for such
Licensed Software, as indicated in this License Agreement and the applicable
License Instrument.
2. LICENSE GRANT. Subject to Your compliance with the terms and
conditions of this License Agreement, Symantec grants to You the following
rights: (i) a non-exclusive, non-transferable (except as stated otherwise in
Section 16.1) license to use the Licensed Software solely in support of Your
internal business operations in the quantities and at the Use Levels described
in this License Agreement and the applicable License Instrument; and (ii) the
right to make a single uninstalled copy
of the Licensed Software for archival purposes which You may use and install
for disaster-recovery purposes (i.e. where the primary installation of the
Licensed Software becomes unavailable for use).
2.1 TERM. The term
of the Licensed Software license granted under this License Agreement shall be perpetual
(subject to Section 14) unless stated otherwise in Section 17 or unless You have obtained the Licensed
Software on a non-perpetual basis, such
as, under a subscription or term-based license for the period of time indicated
on the applicable License Instrument. If You have obtained the Licensed
Software on a non-perpetual basis, Your rights to use such Licensed Software shall
end on the applicable end date as indicated on the applicable License
Instrument and You shall cease use of the Licensed Software as of such
applicable end date.
3. 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; (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; (v) use of the Licensed Software by any party other than You; (vi) use of
a later version of the Licensed Software other than the version that
accompanies this License Agreement unless You have separately acquired the
right to use such later version through a License Instrument or Support Certificate;
nor (vii) use of the Licensed Software above the quantity and Use Level that
have been licensed to You under this License Agreement or the applicable
License Instrument.
4. OWNERSHIP/TITLE. The Licensed Software
is the proprietary property of Symantec or its licensors and is protected by
copyright law. 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.
5. CONTENT UPDATES. If You purchase a
Symantec maintenance/support offering consisting of or including Content
Updates, as indicated on Your Support Certificate, You are granted the right to
use, as part of the Licensed Software, such Content Updates as and when they
are made generally available to Symantec’s end user customers who have
purchased such maintenance/support offering and for such period of time as
indicated on the face of the applicable Support Certificate. This License Agreement
does not otherwise permit You to obtain and use Content Updates.
6. UPGRADES/CROSS-GRADES. Symantec reserves the right to require
that any upgrades (if any) of the Licensed Software may only be obtained in a
quantity equal to the number indicated on the applicable License Instrument. An
upgrade to an existing license shall not be deemed to increase the number of
licenses which You are authorized to use. Additionally, if You upgrade a Licensed
Software license, or purchase a Licensed Software license listed on the
applicable License Instrument to cross-grade an existing license (i.e. to
increase its functionality, and/or transfer it to a new operating system,
hardware tier or licensing meter), then Symantec issues the applicable Licensed
Instrument based on the understanding that You agree to cease using the
original license. Any such license upgrade or cross-grade is provided under
Symantec's policies in effect at the time of order. This License Agreement does
not separately license You for additional licenses beyond those which You have
purchased, and which have been authorized by Symantec as indicated on the
applicable License Instrument.
7. LIMITED WARRANTY.
7.1. MEDIA WARRANTY. If Symantec provides the
Licensed Software to You on tangible media, Symantec warrants that the magnetic
media upon which the Licensed Software is recorded will not be defective under
normal use, for a period of ninety (90) days from delivery. Symantec will
replace any defective media returned to Symantec within the warranty period at
no charge to You. The above warranty is inapplicable in the event the Licensed
Software media becomes defective due to unauthorized use of the Licensed
Software. THE FOREGOING IS YOUR SOLE AND
EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
7.2. PERFORMANCE WARRANTY. Symantec warrants
that the Licensed Software, as delivered by Symantec and when used in
accordance with the Documentation, will substantially conform to the
Documentation for a period of ninety (90) days from delivery. If the Licensed
Software does not comply with this warranty and such non-compliance is reported
by You to Symantec within the ninety (90) day warranty period, Symantec will do
one of the following, selected at Symantec’s reasonable discretion: either (i)
repair the Licensed Software, (ii) replace the Licensed Software with software
of substantially the same functionality, or (iii) terminate this License
Agreement and refund the relevant license fees paid for such non-compliant
Licensed Software. The above warranty specifically excludes defects resulting
from accident, abuse, unauthorized repair, modifications or enhancements, or
misapplication. THE FOREGOING IS YOUR
SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
8. WARRANTY DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE warranties
set forth in sections 7.1 and 7.2 are YOUR exclusive warranties AND ARE IN LIEU OF ALL
OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. SYMANTEC MAKES NO WARRANTIES OR REPRESENTATIONS THAT
THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES WILL MEET YOUR REQUIREMENTS
OR THAT OPERATION OR USE OF THE LICENSED SOFTWARE, CONTENT UPDATES, AND
UPGRADES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU MAY HAVE OTHER WARRANTY RIGHTS,
WHICH MAY VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
9. 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 OR
ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY
COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF
PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION,
LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR
ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL,
CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR
INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS,
SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL
SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING
RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR
LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE
OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE
DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR
NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.
10. MAINTENANCE/SUPPORT. Symantec has no
obligation under this License Agreement to provide maintenance/support for the
Licensed Software. Any maintenance/support purchased for the Licensed Software
is subject to Symantec’s then-current maintenance/support policies.
11. SOFTWARE EVALUATION. If the Licensed
Software is provided to You for evaluation purposes and You have an evaluation
agreement with Symantec for the Licensed Software, Your rights to evaluate the
Licensed Software will be pursuant to the terms of such evaluation agreement.
If You do not have an evaluation agreement with Symantec for the Licensed
Software and if You are provided the Licensed Software for evaluation purposes, the following terms and conditions shall
apply. Symantec
grants to You a nonexclusive, temporary, royalty-free, non-assignable license
to use the Licensed Software solely for internal non-production evaluation. Such
evaluation license shall terminate (i) on the end date of the pre-determined
evaluation period, if an evaluation period is pre-determined in the Licensed
Software or (ii) sixty (60) days from the date of Your initial installation of
the Licensed Software, if no such evaluation period is pre-determined in the
Licensed Software (“Evaluation Period”). The Licensed Software may not be transferred and is provided “AS
IS” without warranty of any kind. You are solely responsible to take
appropriate measures to back up Your system and take other measures to prevent
any loss of files or data. The Licensed Software may contain an automatic
disabling mechanism that prevents its use after a certain period of time. Upon
expiration of the Licensed Software Evaluation Period, You will cease use of
the Licensed Software and destroy all copies of the Licensed Software. All
other terms and conditions of this License Agreement shall otherwise apply to
Your evaluation of the Licensed Software as permitted herein.
12.
13. 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
14. TERMINATION. This License Agreement shall terminate upon Your breach of any term
contained herein. Upon termination, You shall immediately stop using and
destroy all copies of the Licensed Software.
15. SURVIVAL. The following provisions of
this License Agreement survive termination of this License Agreement: Definitions,
License Restrictions and any other restrictions on use of intellectual property,
Ownership/Title, Warranty Disclaimers, Limitation of Liability, U.S. Government
Restricted Rights, Export Regulation, Survival, and General.
16. GENERAL.
16.1. ASSIGNMENT. 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.
16.2. COMPLIANCE WITH APPLICABLE LAW. You
are solely responsible for Your compliance with, and You agree to comply with,
all applicable laws, rules, and regulations in connection with Your use of the
Licensed Software.
16.3. AUDIT. An auditor, selected by Symantec
and reasonably acceptable to You, may, upon reasonable notice and during normal
business hours, but not more often than once each year, inspect Your records
and deployment in order to confirm that Your use of the Licensed Software
complies with this License Agreement and the applicable License Instrument.
Symantec shall bear the costs of any such audit, except where the audit
demonstrates that the Manufacturer’s Suggested Reseller Price (MSRP) value of
Your non-compliant usage exceeds five percent (5%) of the MSRP value of Your
compliant deployments. In such case, in addition to purchasing appropriate
licenses for any over-deployed Licensed Software, You shall reimburse Symantec
for the auditor’s reasonable actual fees for such audit.
16.4. GOVERNING
LAW; SEVERABILITY; WAIVER. If You are located
in North America or Latin America, this License Agreement will be governed by
the laws of the State of
16.5. 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.
16.6. CUSTOMER SERVICE.
Should You have any questions concerning this License Agreement, or if You
desire to contact Symantec for any reason, please write to: (i) Symantec Enterprise
Customer Care, 555 International Way,
16.7. ENTIRE AGREEMENT. This License Agreement and any related License
Instrument are the complete and exclusive agreement between You and Symantec
relating to the Licensed Software and supersede any previous or contemporaneous
oral or written communications, proposals, and representations with respect to
its subject matter. This License Agreement prevails over any conflicting
or additional terms of any purchase order, ordering document, acknowledgement
or confirmation or other document issued by You, even if signed and returned. This License Agreement may only be modified by a
License Instrument that accompanies or follows this License Agreement.
17. ADDITIONAL
TERMS AND CONDITIONS. Your
use of the Licensed Software is subject to the terms and conditions below in
addition to those stated above.
17.1 Definitions.
A. License Certificate includes a written
communication issued by Symantec confirming Your license of the Licensed
Software and that accompanies, precedes or follows this License Agreement.
B. Maintenance Certificate includes a written
communication issued by Symantec confirming Your maintenance/support for the
Licensed Software and that accompanies, precedes or follows this License
Agreement.
17.2 Per
Device License. Under the terms of a
Per Device License, you may use and distribute within your organization an
unrestricted number of copies of the Licensed Software, provided that the aggregate
number of devices used with the Licensed Software does not exceed the number of
Per Device license units purchased by you.
GLB
ENT EULA TEMPLATE v1.0_Altiris Inventory Solution v7.0_0108087
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 OPENING THE LICENSED SOFTWARE PACKAGE, BREAKING THE LICENSED SOFTWARE SEAL, CLICKING THE I AGREE OR YES BUTTON, OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR LOADING THE LICENSED SOFTWARE 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 FURTHER USE OF THE LICENSED SOFTWARE. UNLESS OTHERWISE DEFINED HEREIN, CAPITALIZED TERMS WILL HAVE THE MEANING GIVEN IN THE DEFINITIONS SECTION OF THIS LICENSE AGREEMENT AND SUCH CAPITALIZED TERMS MAY BE USED IN THE SINGULAR OR IN THE PLURAL, AS THE CONTEXT REQUIRES.
1. DEFINITIONS.
Content Updates means content used by certain Symantec products which is updated from time to time, including but not limited to: updated anti-spyware definitions for anti-spyware products; updated antispam rules for antispam products; updated virus definitions for antivirus and crimeware products; updated URL lists for content filtering and antiphishing products; updated firewall rules for firewall products; updated intrusion detection data for intrusion detection products; updated lists of authenticated web pages for website authentication products; updated policy compliance rules for policy compliance products; and updated vulnerability signatures for vulnerability assessment products.
Documentation means the user documentation Symantec provides with the Licensed Software.
License Instrument means one or more of the following applicable documents which further defines Your license rights to the Licensed Software: a Symantec license certificate or a similar license document issued by Symantec, or a written agreement between You and Symantec, that accompanies, precedes or follows this License Agreement.
Licensed Software means the Symantec software product, in object code form, accompanying this License Agreement, including any Documentation included in, or provided for use with, such software or that accompanies this License Agreement.
Support Certificate means the certificate sent by Symantec confirming Your purchase of the applicable Symantec maintenance/support for the Licensed Software.
Upgrade means any version of the Licensed Software that has been released to the public and which replaces the prior version of the Licensed Software on Symantecs price list pursuant to Symantecs then-current upgrade policies.
Use Level means the license use meter or model (which may include operating system, hardware system, application or machine tier limitations, if applicable) by which Symantec measures, prices and licenses the right to use the Licensed Software, in effect at the time an order is placed for such Licensed Software, as indicated in this License Agreement and the applicable License Instrument.
2. LICENSE GRANT. Subject to Your compliance with the terms and conditions of this License Agreement, Symantec grants to You the following rights: (i) a non-exclusive, non-transferable (except as stated otherwise in Section 16.1) license to use the Licensed Software solely in support of Your internal business operations in the quantities and at the Use Levels described in this License Agreement and the applicable License Instrument; and (ii) the right to make a single uninstalled copy of the Licensed Software for archival purposes which You may use and install for disaster-recovery purposes (i.e. where the primary installation of the Licensed Software becomes unavailable for use).
2.1 TERM. The term of the Licensed Software license granted under this License Agreement shall be perpetual (subject to Section 14) unless stated otherwise in Section 17 or unless You have obtained the Licensed Software on a non-perpetual basis, such as, under a subscription or term-based license for the period of time indicated on the applicable License Instrument. If You have obtained the Licensed Software on a non-perpetual basis, Your rights to use such Licensed Software shall end on the applicable end date as indicated on the applicable License Instrument and You shall cease use of the Licensed Software as of such applicable end date.
3. LICENSE RESTRICTIONS. You may not, without Symantecs 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; (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; (v) use of the Licensed Software by any party other than You; (vi) use of a later version of the Licensed Software other than the version that accompanies this License Agreement unless You have separately acquired the right to use such later version through a License Instrument or Support Certificate; nor (vii) use of the Licensed Software above the quantity and Use Level that have been licensed to You under this License Agreement or the applicable License Instrument.
4. OWNERSHIP/TITLE. The Licensed Software is the proprietary property of Symantec or its licensors and is protected by copyright law. 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.
5. CONTENT UPDATES. If You purchase a Symantec maintenance/support offering consisting of or including Content Updates, as indicated on Your Support Certificate, You are granted the right to use, as part of the Licensed Software, such Content Updates as and when they are made generally available to Symantecs end user customers who have purchased such maintenance/support offering and for such period of time as indicated on the face of the applicable Support Certificate. This License Agreement does not otherwise permit You to obtain and use Content Updates.
6. UPGRADES/CROSS-GRADES. Symantec reserves the right to require that any upgrades (if any) of the Licensed Software may only be obtained in a quantity equal to the number indicated on the applicable License Instrument. An upgrade to an existing license shall not be deemed to increase the number of licenses which You are authorized to use. Additionally, if You upgrade a Licensed Software license, or purchase a Licensed Software license listed on the applicable License Instrument to cross-grade an existing license (i.e. to increase its functionality, and/or transfer it to a new operating system, hardware tier or licensing meter), then Symantec issues the applicable Licensed Instrument based on the understanding that You agree to cease using the original license. Any such license upgrade or cross-grade is provided under Symantec's policies in effect at the time of order. This License Agreement does not separately license You for additional licenses beyond those which You have purchased, and which have been authorized by Symantec as indicated on the applicable License Instrument.
7. LIMITED WARRANTY.
7.1. MEDIA WARRANTY. If Symantec provides the Licensed Software to You on tangible media, Symantec warrants that the magnetic media upon which the Licensed Software is recorded will not be defective under normal use, for a period of ninety (90) days from delivery. Symantec will replace any defective media returned to Symantec within the warranty period at no charge to You. The above warranty is inapplicable in the event the Licensed Software media becomes defective due to unauthorized use of the Licensed Software. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR SYMANTECS BREACH OF THIS WARRANTY.
7.2. PERFORMANCE WARRANTY. Symantec warrants that the Licensed Software, as delivered by Symantec and when used in accordance with the Documentation, will substantially conform to the Documentation for a period of ninety (90) days from delivery. If the Licensed Software does not comply with this warranty and such non-compliance is reported by You to Symantec within the ninety (90) day warranty period, Symantec will do one of the following, selected at Symantecs reasonable discretion: either (i) repair the Licensed Software, (ii) replace the Licensed Software with software of substantially the same functionality, or (iii) terminate this License Agreement and refund the relevant license fees paid for such non-compliant Licensed Software. The above warranty specifically excludes defects resulting from accident, abuse, unauthorized repair, modifications or enhancements, or misapplication. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR SYMANTECS BREACH OF THIS WARRANTY.
8. WARRANTY DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE warranties set forth in sections 7.1 and 7.2 are YOUR exclusive warranties AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. SYMANTEC MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OR USE OF THE LICENSED SOFTWARE, CONTENT UPDATES, AND UPGRADES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU MAY HAVE OTHER WARRANTY RIGHTS, WHICH MAY VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
9. 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 OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTECS LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTECS LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.
10. MAINTENANCE/SUPPORT. Symantec has no obligation under this License Agreement to provide maintenance/support for the Licensed Software. Any maintenance/support purchased for the Licensed Software is subject to Symantecs then-current maintenance/support policies.
11. SOFTWARE EVALUATION. If the Licensed Software is provided to You for evaluation purposes and You have an evaluation agreement with Symantec for the Licensed Software, Your rights to evaluate the Licensed Software will be pursuant to the terms of such evaluation agreement. If You do not have an evaluation agreement with Symantec for the Licensed Software and if You are provided the Licensed Software for evaluation purposes, the following terms and conditions shall apply. Symantec grants to You a nonexclusive, temporary, royalty-free, non-assignable license to use the Licensed Software solely for internal non-production evaluation. Such evaluation license shall terminate (i) on the end date of the pre-determined evaluation period, if an evaluation period is pre-determined in the Licensed Software or (ii) sixty (60) days from the date of Your initial installation of the Licensed Software, if no such evaluation period is pre-determined in the Licensed Software (Evaluation Period). The Licensed Software may not be transferred and is provided AS IS without warranty of any kind. You are solely responsible to take appropriate measures to back up Your system and take other measures to prevent any loss of files or data. The Licensed Software may contain an automatic disabling mechanism that prevents its use after a certain period of time. Upon expiration of the Licensed Software Evaluation Period, You will cease use of the Licensed Software and destroy all copies of the Licensed Software. All other terms and conditions of this License Agreement shall otherwise apply to Your evaluation of the Licensed Software as permitted herein.
12. U.S. GOVERNMENT RESTRICTED RIGHTS. The Licensed 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 Licensed Software - Restricted Rights" and DFARS 227.7202, Rights in Commercial Computer Licensed Software or Commercial Computer Licensed Software Documentation, as applicable, and any successor regulations. Any use, modification, reproduction release, performance, display or disclosure of the Licensed Software by the U.S. Government shall be solely in accordance with the terms of this License Agreement.
13. 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. All Symantec products, including the Controlled Technology are prohibited for export or re-export to Cuba, North Korea, Iran, Syria and Sudan and to any country subject to relevant trade sanctions. You hereby agree that You will not export or sell any Controlled Technology for use in connection with chemical, biological, or nuclear weapons, or missiles, drones or space launch vehicles capable of delivering such weapons.
14.TERMINATION. This License Agreement shall terminate upon Your breach of any term contained herein. Upon termination, You shall immediately stop using and destroy all copies of the Licensed Software.
15. SURVIVAL. The following provisions of this License Agreement survive termination of this License Agreement: Definitions, License Restrictions and any other restrictions on use of intellectual property, Ownership/Title, Warranty Disclaimers, Limitation of Liability, U.S. Government Restricted Rights, Export Regulation, Survival, and General.
16. GENERAL.
16.1. ASSIGNMENT. 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 Symantecs prior express written consent.
16.2. COMPLIANCE WITH APPLICABLE LAW. You are solely responsible for Your compliance with, and You agree to comply with, all applicable laws, rules, and regulations in connection with Your use of the Licensed Software.
16.3. AUDIT. An auditor, selected by Symantec and reasonably acceptable to You, may, upon reasonable notice and during normal business hours, but not more often than once each year, inspect Your records and deployment in order to confirm that Your use of the Licensed Software complies with this License Agreement and the applicable License Instrument. Symantec shall bear the costs of any such audit, except where the audit demonstrates that the Manufacturers Suggested Reseller Price (MSRP) value of Your non-compliant usage exceeds five percent (5%) of the MSRP value of Your compliant deployments. In such case, in addition to purchasing appropriate licenses for any over-deployed Licensed Software, You shall reimburse Symantec for the auditors reasonable actual fees for such audit.
16.4. GOVERNING LAW; SEVERABILITY; WAIVER. 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.
16.5. 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.
16.6. CUSTOMER SERVICE. Should You have any questions concerning this License Agreement, or if You desire to contact Symantec for any reason, please write to: (i) Symantec Enterprise Customer Care, 555 International Way, Springfield, Oregon 97477, U.S.A., (ii) Symantec Enterprise Customer Care Center, PO BOX 5689, Dublin 15, Ireland, or (iii) Symantec Enterprise Customer Care, 1 Julius Ave, North Ryde, NSW 2113, Australia.
16.7.ENTIRE AGREEMENT. This License Agreement and any related License Instrument are the complete and exclusive agreement between You and Symantec relating to the Licensed Software and supersede any previous or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter. This License Agreement prevails over any conflicting or additional terms of any purchase order, ordering document, acknowledgement or confirmation or other document issued by You, even if signed and returned. This License Agreement may only be modified by a License Instrument that accompanies or follows this License Agreement.
17. ADDITIONAL TERMS AND CONDITIONS. Your use of the Licensed Software is subject to the terms and conditions below in addition to those stated above.
17.1 You may use a reasonable number of copies of the Licensed Software solely in conjunction with Your use of Symantec Critical System Protection v. 5.2.8 MP3 or a subsequent version (SCSP) which is under current maintenance/support.
GLB ENT EULA TEMPALTE V.1.0_IT ANALYTICS FOR SYMANTEC CRITICAL SYSTEM PROTECTION_06JULY2012
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 OPENING THE
LICENSED SOFTWARE PACKAGE, BREAKING THE LICENSED SOFTWARE SEAL, CLICKING THE “I
AGREE” OR “YES” BUTTON, OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR
LOADING THE LICENSED SOFTWARE 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 FURTHER USE OF THE LICENSED SOFTWARE.
UNLESS OTHERWISE DEFINED HEREIN, CAPITALIZED TERMS WILL HAVE THE MEANING GIVEN
IN THE “DEFINITIONS” SECTION OF THIS LICENSE AGREEMENT AND SUCH CAPITALIZED
TERMS MAY BE USED IN THE SINGULAR OR IN THE PLURAL, AS THE CONTEXT REQUIRES.
1. DEFINITIONS.
“Content
Updates”
means content used by certain Symantec products which is updated from time to
time, including but not limited to: updated anti-spyware definitions for
anti-spyware products; updated antispam rules for antispam products; updated
virus definitions for antivirus and crimeware products; updated URL lists for
content filtering and antiphishing products; updated firewall rules for
firewall products; updated intrusion detection data for intrusion detection
products; updated lists of authenticated web pages for website authentication
products; updated policy compliance rules for policy compliance products; and updated
vulnerability signatures for vulnerability assessment products.
“Documentation” means the user documentation
Symantec provides with the Licensed Software.
“License
Instrument”
means one or more of the following applicable documents which further defines
Your license rights to the Licensed Software: a Symantec license certificate or
a similar license document issued by Symantec, or a written agreement between
You and Symantec, that accompanies, precedes or follows this License Agreement.
“Licensed
Software”
means the Symantec software product, in object code form, accompanying this
License Agreement, including any Documentation included in, or provided for use
with, such software or that accompanies this License Agreement.
“Support
Certificate”
means the certificate sent by Symantec confirming Your purchase of the applicable
Symantec maintenance/support for the Licensed Software.
“Upgrade” means any version of
the Licensed Software that has been released to the public and which replaces
the prior version of the Licensed Software on Symantec’s price list pursuant to
Symantec’s then-current upgrade policies.
“Use Level” means the license use
meter or model (which may include operating
system, hardware system, application or machine tier limitations, if
applicable) by which Symantec measures, prices and licenses the right to
use the Licensed Software, in effect at the time an order is placed for such
Licensed Software, as indicated in this License Agreement and the applicable
License Instrument.
2. LICENSE GRANT. Subject to Your compliance with the terms and
conditions of this License Agreement, Symantec grants to You the following
rights: (i) a non-exclusive, non-transferable (except as stated otherwise in
Section 16.1) license to use the Licensed Software solely in support of Your
internal business operations in the quantities and at the Use Levels described
in this License Agreement and the applicable License Instrument; and (ii) the right
to make a single uninstalled copy
of the Licensed Software for archival purposes which You may use and install
for disaster-recovery purposes (i.e. where the primary installation of the
Licensed Software becomes unavailable for use).
2.1 TERM. The term
of the Licensed Software license granted under this License Agreement shall be perpetual
(subject to Section 14) unless stated otherwise in Section 17 or unless You have obtained the Licensed
Software on a non-perpetual basis, such
as, under a subscription or term-based license for the period of time indicated
on the applicable License Instrument. If You have obtained the Licensed
Software on a non-perpetual basis, Your rights to use such Licensed Software shall
end on the applicable end date as indicated on the applicable License
Instrument and You shall cease use of the Licensed Software as of such
applicable end date.
3. 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; (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; (v) use of the Licensed Software by any party other than You; (vi) use of
a later version of the Licensed Software other than the version that
accompanies this License Agreement unless You have separately acquired the
right to use such later version through a License Instrument or Support
Certificate; nor (vii) use of the Licensed Software above the quantity and Use
Level that have been licensed to You under this License Agreement or the applicable
License Instrument.
4. OWNERSHIP/TITLE. The Licensed Software
is the proprietary property of Symantec or its licensors and is protected by
copyright law. 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.
5. CONTENT UPDATES. If You purchase a
Symantec maintenance/support offering consisting of or including Content
Updates, as indicated on Your Support Certificate, You are granted the right to
use, as part of the Licensed Software, such Content Updates as and when they
are made generally available to Symantec’s end user customers who have
purchased such maintenance/support offering and for such period of time as
indicated on the face of the applicable Support Certificate. This License Agreement
does not otherwise permit You to obtain and use Content Updates.
6. UPGRADES/CROSS-GRADES. Symantec reserves the right to require
that any upgrades (if any) of the Licensed Software may only be obtained in a
quantity equal to the number indicated on the applicable License Instrument. An
upgrade to an existing license shall not be deemed to increase the number of
licenses which You are authorized to use. Additionally, if You upgrade a Licensed
Software license, or purchase a Licensed Software license listed on the
applicable License Instrument to cross-grade an existing license (i.e. to
increase its functionality, and/or transfer it to a new operating system,
hardware tier or licensing meter), then Symantec issues the applicable Licensed
Instrument based on the understanding that You agree to cease using the original
license. Any such license upgrade or cross-grade is provided under Symantec's
policies in effect at the time of order. This License Agreement does not
separately license You for additional licenses beyond those which You have
purchased, and which have been authorized by Symantec as indicated on the
applicable License Instrument.
7. LIMITED WARRANTY.
7.1. MEDIA WARRANTY. If Symantec provides the
Licensed Software to You on tangible media, Symantec warrants that the magnetic
media upon which the Licensed Software is recorded will not be defective under
normal use, for a period of ninety (90) days from delivery. Symantec will
replace any defective media returned to Symantec within the warranty period at
no charge to You. The above warranty is inapplicable in the event the Licensed
Software media becomes defective due to unauthorized use of the Licensed
Software. THE FOREGOING IS YOUR SOLE AND
EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
7.2. PERFORMANCE WARRANTY. Symantec warrants
that the Licensed Software, as delivered by Symantec and when used in
accordance with the Documentation, will substantially conform to the
Documentation for a period of ninety (90) days from delivery. If the Licensed
Software does not comply with this warranty and such non-compliance is reported
by You to Symantec within the ninety (90) day warranty period, Symantec will do
one of the following, selected at Symantec’s reasonable discretion: either (i)
repair the Licensed Software, (ii) replace the Licensed Software with software
of substantially the same functionality, or (iii) terminate this License
Agreement and refund the relevant license fees paid for such non-compliant
Licensed Software. The above warranty specifically excludes defects resulting
from accident, abuse, unauthorized repair, modifications or enhancements, or
misapplication. THE FOREGOING IS YOUR
SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
8. WARRANTY DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE warranties
set forth in sections 7.1 and 7.2 are YOUR exclusive warranties AND ARE IN LIEU OF ALL
OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. SYMANTEC MAKES NO WARRANTIES OR REPRESENTATIONS THAT
THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES WILL MEET YOUR REQUIREMENTS
OR THAT OPERATION OR USE OF THE LICENSED SOFTWARE, CONTENT UPDATES, AND
UPGRADES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU MAY HAVE OTHER WARRANTY RIGHTS,
WHICH MAY VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
9. 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 OR
ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY
COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF
PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION,
LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR
ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL,
CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR
INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS,
SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL
SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING
RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR
LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE
OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE
DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR
NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.
10. MAINTENANCE/SUPPORT. Symantec has no
obligation under this License Agreement to provide maintenance/support for the
Licensed Software. Any maintenance/support purchased for the Licensed Software
is subject to Symantec’s then-current maintenance/support policies.
11. SOFTWARE EVALUATION. If the Licensed
Software is provided to You for evaluation purposes and You have an evaluation
agreement with Symantec for the Licensed Software, Your rights to evaluate the
Licensed Software will be pursuant to the terms of such evaluation agreement.
If You do not have an evaluation agreement with Symantec for the Licensed
Software and if You are provided the Licensed Software for evaluation purposes, the following terms and conditions shall
apply. Symantec
grants to You a nonexclusive, temporary, royalty-free, non-assignable license
to use the Licensed Software solely for internal non-production evaluation. Such
evaluation license shall terminate (i) on the end date of the pre-determined
evaluation period, if an evaluation period is pre-determined in the Licensed
Software or (ii) sixty (60) days from the date of Your initial installation of
the Licensed Software, if no such evaluation period is pre-determined in the
Licensed Software (“Evaluation Period”). The Licensed Software may not be transferred and is provided “AS
IS” without warranty of any kind. You are solely responsible to take
appropriate measures to back up Your system and take other measures to prevent
any loss of files or data. The Licensed Software may contain an automatic
disabling mechanism that prevents its use after a certain period of time. Upon
expiration of the Licensed Software Evaluation Period, You will cease use of
the Licensed Software and destroy all copies of the Licensed Software. All
other terms and conditions of this License Agreement shall otherwise apply to
Your evaluation of the Licensed Software as permitted herein.
12.
13. 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
14. TERMINATION. This License Agreement shall terminate upon Your breach of any term
contained herein. Upon termination, You shall immediately stop using and
destroy all copies of the Licensed Software.
15. SURVIVAL. The following provisions of
this License Agreement survive termination of this License Agreement: Definitions,
License Restrictions and any other restrictions on use of intellectual property,
Ownership/Title, Warranty Disclaimers, Limitation of Liability, U.S. Government
Restricted Rights, Export Regulation, Survival, and General.
16. GENERAL.
16.1. ASSIGNMENT. 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.
16.2. COMPLIANCE WITH APPLICABLE LAW. You
are solely responsible for Your compliance with, and You agree to comply with,
all applicable laws, rules, and regulations in connection with Your use of the
Licensed Software.
16.3. AUDIT. An auditor, selected by Symantec
and reasonably acceptable to You, may, upon reasonable notice and during normal
business hours, but not more often than once each year, inspect Your records
and deployment in order to confirm that Your use of the Licensed Software
complies with this License Agreement and the applicable License Instrument.
Symantec shall bear the costs of any such audit, except where the audit
demonstrates that the Manufacturer’s Suggested Reseller Price (MSRP) value of
Your non-compliant usage exceeds five percent (5%) of the MSRP value of Your
compliant deployments. In such case, in addition to purchasing appropriate
licenses for any over-deployed Licensed Software, You shall reimburse Symantec
for the auditor’s reasonable actual fees for such audit.
16.4. GOVERNING
LAW; SEVERABILITY; WAIVER. If You are located
in North America or Latin America, this License Agreement will be governed by
the laws of the State of
16.5. 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.
16.6. CUSTOMER SERVICE. Should You have any
questions concerning this License Agreement, or if You desire to contact
Symantec for any reason, please write to: (i) Symantec Enterprise Customer Care,
555 International Way,
16.7. ENTIRE AGREEMENT. This License Agreement and any related License
Instrument are the complete and exclusive agreement between You and Symantec
relating to the Licensed Software and supersede any previous or contemporaneous
oral or written communications, proposals, and representations with respect to
its subject matter. This License Agreement prevails over any conflicting
or additional terms of any purchase order, ordering document, acknowledgement
or confirmation or other document issued by You, even if signed and returned. This License Agreement may only be modified by a
License Instrument that accompanies or follows this License Agreement.
17. ADDITIONAL
TERMS AND CONDITIONS. Your
use of the Licensed Software is subject to the terms and conditions below in
addition to those stated above.
17.1 Definitions.
A. “License Certificate” includes a
written communication issued by Symantec confirming Your license of the
Licensed Software and that accompanies, precedes or follows this License
Agreement.
B. “Maintenance Certificate” includes a
written communication issued by Symantec confirming Your maintenance/support
for the Licensed Software and that accompanies, precedes or follows this
License Agreement.
17.2 Node
License. Under the terms of a Node
License, you may use the Licensed Software to manage an aggregate number of
Nodes within your organization not to exceed the sum of your licensed nodal
count. A “Node” is any asset under
management by the Licensed Software. An
asset is: (a) a physical device such as a computer, PDA, or server, (b) a
virtual device, such as an operating environment that may be running
concurrently with another operating environment on a single physical device
(e.g., VMware*, Virtual PC*, Virtual Server*), or (c) an object stored by the Licensed
Software in a database, such object representing a physical or virtual asset
for which data is being tracked or managed by the Licensed Software (e.g.,
printer, copier, etc.). A Node License will be deemed consumed for a particular
Licensed Software product once an asset (as defined above) has been managed by
a particular Software product. An asset has been managed by a particular Licensed
Software product once the Licensed Software product has (i) been run locally on
an asset, (ii) remotely interacted with and/or received a response from an
asset, (iii) configured or changed a setting of or migrated settings to or from
an asset, or (iv) otherwise performed any management functionality that such
particular Licensed Software product has been designed to perform with respect
to an asset. You must purchase a sufficient number of Node Licenses to cover
all Node Licenses consumed by a particular Licensed Software product.
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 OPENING THE LICENSED SOFTWARE PACKAGE, BREAKING THE LICENSED SOFTWARE SEAL, CLICKING THE “I AGREE” OR “YES” BUTTON, OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR LOADING THE LICENSED SOFTWARE 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 FURTHER USE OF THE LICENSED SOFTWARE. UNLESS OTHERWISE DEFINED HEREIN, CAPITALIZED TERMS WILL HAVE THE MEANING GIVEN IN THE “DEFINITIONS” SECTION OF THIS LICENSE AGREEMENT AND SUCH CAPITALIZED TERMS MAY BE USED IN THE SINGULAR OR IN THE PLURAL, AS THE CONTEXT REQUIRES.
1. DEFINITIONS.
“Content Updates” means content used by certain Symantec products which is updated from time to time, including but not limited to: updated anti-spyware definitions for anti-spyware products; updated antispam rules for antispam products; updated virus definitions for antivirus and crimeware products; updated URL lists for content filtering and antiphishing products; updated firewall rules for firewall products; updated intrusion detection data for intrusion detection products; updated lists of authenticated web pages for website authentication products; updated policy compliance rules for policy compliance products; and updated vulnerability signatures for vulnerability assessment products.
“Documentation” means the user documentation Symantec provides with the Licensed Software.
“License Instrument” means one or more of the following applicable documents which further defines Your license rights to the Licensed Software: a Symantec license certificate or a similar license document issued by Symantec, or a written agreement between You and Symantec, that accompanies, precedes or follows this License Agreement.
“Licensed Software” means the Symantec software product, in object code form, accompanying this License Agreement, including any Documentation included in, or provided for use with, such software or that accompanies this License Agreement.
“Support Certificate” means the certificate sent by Symantec confirming Your purchase of the applicable Symantec maintenance/support for the Licensed Software.
“Upgrade” means any version of the Licensed Software that has been released to the public and which replaces the prior version of the Licensed Software on Symantec’s price list pursuant to Symantec’s then-current upgrade policies.
“Use Level” means the license use meter or model (which may include operating system, hardware system, application or machine tier limitations, if applicable) by which Symantec measures, prices and licenses the right to use the Licensed Software, in effect at the time an order is placed for such Licensed Software, as indicated in this License Agreement and the applicable License Instrument.
2. LICENSE GRANT. Subject to Your compliance with the terms and conditions of this License Agreement, Symantec grants to You the following rights: (i) a non-exclusive, non-transferable (except as stated otherwise in Section 16.1) license to use the Licensed Software solely in support of Your internal business operations in the quantities and at the Use Levels described in this License Agreement and the applicable License Instrument; and (ii) the right to make a single uninstalled copy of the Licensed Software for archival purposes which You may use and install for disaster-recovery purposes (i.e. where the primary installation of the Licensed Software becomes unavailable for use).
2.1 TERM. The term of the Licensed Software license granted under this License Agreement shall be perpetual (subject to Section 14) unless stated otherwise in Section 17 or unless You have obtained the Licensed Software on a non-perpetual basis, such as, under a subscription or term-based license for the period of time indicated on the applicable License Instrument. If You have obtained the Licensed Software on a non-perpetual basis, Your rights to use such Licensed Software shall end on the applicable end date as indicated on the applicable License Instrument and You shall cease use of the Licensed Software as of such applicable end date.
3. 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; (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; (v) use of the Licensed Software by any party other than You; (vi) use of a later version of the Licensed Software other than the version that accompanies this License Agreement unless You have separately acquired the right to use such later version through a License Instrument or Support Certificate; nor (vii) use of the Licensed Software above the quantity and Use Level that have been licensed to You under this License Agreement or the applicable License Instrument.
4. OWNERSHIP/TITLE. The Licensed Software is the proprietary property of Symantec or its licensors and is protected by copyright law. 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.
5. CONTENT UPDATES. If You purchase a Symantec maintenance/support offering consisting of or including Content Updates, as indicated on Your Support Certificate, You are granted the right to use, as part of the Licensed Software, such Content Updates as and when they are made generally available to Symantec’s end user customers who have purchased such maintenance/support offering and for such period of time as indicated on the face of the applicable Support Certificate. This License Agreement does not otherwise permit You to obtain and use Content Updates.
6. UPGRADES/CROSS-GRADES. Symantec reserves the right to require that any upgrades (if any) of the Licensed Software may only be obtained in a quantity equal to the number indicated on the applicable License Instrument. An upgrade to an existing license shall not be deemed to increase the number of licenses which You are authorized to use. Additionally, if You upgrade a Licensed Software license, or purchase a Licensed Software license listed on the applicable License Instrument to cross-grade an existing license (i.e. to increase its functionality, and/or transfer it to a new operating system, hardware tier or licensing meter), then Symantec issues the applicable Licensed Instrument based on the understanding that You agree to cease using the original license. Any such license upgrade or cross-grade is provided under Symantec's policies in effect at the time of order. This License Agreement does not separately license You for additional licenses beyond those which You have purchased, and which have been authorized by Symantec as indicated on the applicable License Instrument.
7. LIMITED WARRANTY.
7.1. MEDIA WARRANTY. If Symantec provides the Licensed Software to You on tangible media, Symantec warrants that the magnetic media upon which the Licensed Software is recorded will not be defective under normal use, for a period of ninety (90) days from delivery. Symantec will replace any defective media returned to Symantec within the warranty period at no charge to You. The above warranty is inapplicable in the event the Licensed Software media becomes defective due to unauthorized use of the Licensed Software. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
7.2. PERFORMANCE WARRANTY. Symantec warrants that the Licensed Software, as delivered by Symantec and when used in accordance with the Documentation, will substantially conform to the Documentation for a period of ninety (90) days from delivery. If the Licensed Software does not comply with this warranty and such non-compliance is reported by You to Symantec within the ninety (90) day warranty period, Symantec will do one of the following, selected at Symantec’s reasonable discretion: either (i) repair the Licensed Software, (ii) replace the Licensed Software with software of substantially the same functionality, or (iii) terminate this License Agreement and refund the relevant license fees paid for such non-compliant Licensed Software. The above warranty specifically excludes defects resulting from accident, abuse, unauthorized repair, modifications or enhancements, or misapplication. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
8. WARRANTY DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE warranties set forth in sections 7.1 and 7.2 are YOUR exclusive warranties AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. SYMANTEC MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OR USE OF THE LICENSED SOFTWARE, CONTENT UPDATES, AND UPGRADES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU MAY HAVE OTHER WARRANTY RIGHTS, WHICH MAY VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
9. 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 OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.
10. MAINTENANCE/SUPPORT. Symantec has no obligation under this License Agreement to provide maintenance/support for the Licensed Software. Any maintenance/support purchased for the Licensed Software is subject to Symantec’s then-current maintenance/support policies.
11. SOFTWARE EVALUATION. If the Licensed Software is provided to You for evaluation purposes and You have an evaluation agreement with Symantec for the Licensed Software, Your rights to evaluate the Licensed Software will be pursuant to the terms of such evaluation agreement. If You do not have an evaluation agreement with Symantec for the Licensed Software and if You are provided the Licensed Software for evaluation purposes, the following terms and conditions shall apply. Symantec grants to You a nonexclusive, temporary, royalty-free, non-assignable license to use the Licensed Software solely for internal non-production evaluation. Such evaluation license shall terminate (i) on the end date of the pre-determined evaluation period, if an evaluation period is pre-determined in the Licensed Software or (ii) sixty (60) days from the date of Your initial installation of the Licensed Software, if no such evaluation period is pre-determined in the Licensed Software (“Evaluation Period”). The Licensed Software may not be transferred and is provided “AS IS” without warranty of any kind. You are solely responsible to take appropriate measures to back up Your system and take other measures to prevent any loss of files or data. The Licensed Software may contain an automatic disabling mechanism that prevents its use after a certain period of time. Upon expiration of the Licensed Software Evaluation Period, You will cease use of the Licensed Software and destroy all copies of the Licensed Software. All other terms and conditions of this License Agreement shall otherwise apply to Your evaluation of the Licensed Software as permitted herein.
12. U.S. GOVERNMENT RESTRICTED RIGHTS. The Licensed 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 Licensed Software - Restricted Rights" and DFARS 227.7202, “Rights in Commercial Computer Licensed Software or Commercial Computer Licensed Software Documentation”, as applicable, and any successor regulations. Any use, modification, reproduction release, performance, display or disclosure of the Licensed Software by the U.S. Government shall be solely in accordance with the terms of this License Agreement.
13. 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. All Symantec products, including the Controlled Technology are prohibited for export or re-export to Cuba, North Korea, Iran, Syria and Sudan and to any country subject to relevant trade sanctions. You hereby agree that You will not export or sell any Controlled Technology for use in connection with chemical, biological, or nuclear weapons, or missiles, drones or space launch vehicles capable of delivering such weapons.
14. TERMINATION. This License Agreement shall terminate upon Your breach of any term contained herein. Upon termination, You shall immediately stop using and destroy all copies of the Licensed Software.
15. SURVIVAL. The following provisions of this License Agreement survive termination of this License Agreement: Definitions, License Restrictions and any other restrictions on use of intellectual property, Ownership/Title, Warranty Disclaimers, Limitation of Liability, U.S. Government Restricted Rights, Export Regulation, Survival, and General.
16. GENERAL.
16.1. ASSIGNMENT. 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.
16.2. COMPLIANCE WITH APPLICABLE LAW. You are solely responsible for Your compliance with, and You agree to comply with, all applicable laws, rules, and regulations in connection with Your use of the Licensed Software.
16.3. AUDIT. An auditor, selected by Symantec and reasonably acceptable to You, may, upon reasonable notice and during normal business hours, but not more often than once each year, inspect Your records and deployment in order to confirm that Your use of the Licensed Software complies with this License Agreement and the applicable License Instrument. Symantec shall bear the costs of any such audit, except where the audit demonstrates that the Manufacturer’s Suggested Reseller Price (MSRP) value of Your non-compliant usage exceeds five percent (5%) of the MSRP value of Your compliant deployments. In such case, in addition to purchasing appropriate licenses for any over-deployed Licensed Software, You shall reimburse Symantec for the auditor’s reasonable actual fees for such audit.
16.4. GOVERNING LAW; SEVERABILITY; WAIVER. 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.
16.5. 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.
16.6. CUSTOMER SERVICE. Should You have any questions concerning this License Agreement, or if You desire to contact Symantec for any reason, please write to: (i) Symantec Enterprise Customer Care, 555 International Way, Springfield, Oregon 97477, U.S.A., (ii) Symantec Enterprise Customer Care Center, PO BOX 5689, Dublin 15, Ireland, or (iii) Symantec Enterprise Customer Care, 1 Julius Ave, North Ryde, NSW 2113, Australia.
16.7. ENTIRE AGREEMENT. This License Agreement and any related License Instrument are the complete and exclusive agreement between You and Symantec relating to the Licensed Software and supersede any previous or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter. This License Agreement prevails over any conflicting or additional terms of any purchase order, ordering document, acknowledgement or confirmation or other document issued by You, even if signed and returned. This License Agreement may only be modified by a License Instrument that accompanies or follows this License Agreement.
17. ADDITIONAL TERMS AND CONDITIONS. Your use of the Licensed Software is subject to the terms and conditions below in addition to those stated above.
17.1 ADDITIONAL DEFINITIONS.
“Asset” means (a) a physical device such as a computer, PDA, or server, (b) a virtual device, such as an operating environment that may be running concurrently with another operating environment on a single physical device (e.g., VMware*, Virtual PC*, Virtual Server*), or (c) an object stored by the Licensed Software in a database, such object representing a physical or virtual asset for which data is being tracked or managed by the Licensed Software (e.g., printer, copier, etc.).
“Concurrent User” means Users and/or Devices that are simultaneously using the Licensed Software at the same point in time.
“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.
“Enterprise” is defined as the concurrent use of the Licensed Software on any and all Devices, Servers, and Processors owned, operated or managed by You and any Users within Your Organization, on a worldwide basis, subject to the import and export laws of the United States.
“Managed Server” means a Server that is managed, monitored and/or protected by the Licensed Software but that may not actually be running the Licensed Software itself.
“Node” means any Asset under management by the Licensed Software.
“Organization” includes any company, affiliate, or subsidiary wholly owned and directly controlled by You.
“Processor” also referred to as “CPU”, is defined as the logic circuitry that responds to and processes the instruction that run a computer and/or that accesses or runs the software. Each processor may be comprised of multiple processing cores which may each independently act as individual processors.
“Server” means a standalone system or an individual computer acting as a service or resource provider to client computers by sharing the resources within the network infrastructure. A Server can run server software for other computers or devices.
“User” means an individual person and/or Device who is authorized by You to use, and/or benefits from the use of, the Licensed Software, or is the person and/or Device who actually uses any portion of the Licensed Software.
In addition, the following shall be added to the definitions set forth below:
“License Instrument” also includes a written communication issued by Symantec confirming Your license of the Licensed Software and which further defines Your license rights to the Licensed Software.
“Support Certificate” also includes a written communication issued by Symantec confirming Your purchase of the applicable maintenance/support for the Licensed Software.
17.2 ADDITIONAL USE RIGHTS AND LIMITATIONS.
17.2A You may use the Licensed Software in accordance with the terms and conditions set forth below for the type of license You have received for the Licensed Software, as indicated in the applicable License Instrument(s):
(1) You must have a license for each instance (physical or virtual) of the Licensed Software, provided, however, that You may make and use a reasonable number of copies of the Licensed Software in a non-production testing, lab or staging environment. An “instance” of the Licensed Software is created by executing the Licensed Software’s setup or install procedure and/or duplicating an existing instance. References to "Licensed Software" in this License Agreement include “instances” of the Licensed Software.
(2) Concurrent User License. Under the terms of a Concurrent User License, You may use the Licensed Software for up to an aggregate number of Concurrent Users that does not exceed Your quantity of Concurrent User licenses, as indicated in the applicable License Instrument.
(3) Device License. Under the terms of a Device license, You may use the Licensed Software for up to an aggregate number of Devices that does not exceed Your quantity of Device licenses, as indicated in the applicable License Instrument.
(4) Enterprise License. Under the terms of an Enterprise license, You may use the Licensed Software within Your Enterprise, subject to Section 17.2A(1) above.
(5) Node License. Under the terms of a Node License, you may use the Licensed Software to manage an aggregate number of Nodes within Your organization not to exceed the sum of Your licensed Nodes as indicated in the applicable License Instrument. A Node License will be deemed consumed for the Licensed Software once an Asset has been managed by the Licensed Software. An Asset has been managed by the Licensed Software once the Licensed Software, or a portion of the Licensed Software such as an agent, has (a) been run locally on an Asset, (b) remotely interacted with and/or received a response from an Asset, (c) configured or changed a setting of or migrated settings to or from an Asset, (d) participated in the creation or deployment of a disk image or (e) otherwise performed any management functionality that such particular Licensed Software has been designed to perform with respect to an Asset. You must purchase a sufficient number of Node Licenses to cover all Node Licenses consumed by the Licensed Software.
(6) Server License. Under the terms of a Server license, You may use the Licensed Software on no more than an aggregate number of Servers that does not exceed Your quantity of Server licenses, as indicated in the applicable License Instrument.
(7) User License. Under the terms of a User license, You may use the Licensed Software for up to an aggregate number of Users that does not exceed Your quantity of User licenses, as indicated in the applicable License Instrument.
17.2B If you have obtained the Licensed Software as part of a suite of software products (a “Suite”), You may use each individual Licensed Software product contained in the suite in the quantities and in accordance with the license type stated in the applicable License Instrument that specifically references the individual Licensed Software products and corresponding license type and quantity of licenses you have received for each such individual Licensed Software product. Notwithstanding the foregoing, if Your License Instrument indicates that you have received licenses for Deployment Solution, Monitor Solution and Inventory Pack for Servers as a result of Your purchase of one or more licenses to a suite of products, You may use each of these individual Licensed Software Products to manage an aggregate number of client and/or server machines which does not exceed the number of licenses You have received for Patch Management Solution, as indicated in Your License Instrument, regardless of the number of licenses actually listed for Deployment Solution, Monitor Solution and Inventory Pack for Servers in Your License Instrument.
17.2C If Your License Instrument indicates that you have received one or more Concurrent User licenses for Barcode Solution, you may deploy such licenses on an aggregate number of consoles and/or devices, as further described in the Documentation (“Barcode Consoles” and “Barcode Devices”, respectively), which does not exceed Your total number of Barcode Solution Concurrent User licenses indicated on Your License Instruments. For purposes of Your use of Barcode Solution, any licenses deployed on Barcode Consoles are subject to the Concurrent User license terms set forth herein, and any licenses deployed on Barcode Devices are subject to the Device license terms set forth herein.
17.2D If Your License Instrument indicates that you have received a license for Deployment Solution, the following additional terms and conditions shall apply:
(1) Microsoft Windows Automated Installation Kit (the “Component”): The Licensed Software contains the Component, which is licensed from Microsoft Corporation and is subject to the following terms and conditions:
a. You may use the Component solely for the purpose of deploying Windows operating system software on Your Nodes. Certain portions of the Component are provided to You with additional license rights and restrictions, as follows: (i) The Windows Pre-Installation Environment may be used only for purposes of diagnosing and recovering Windows operating system software and may not be used for any other purpose, including without limitation as a general operating system, as a thin client or as a remote desktop client and (ii) the ImageX.exe, Wimapi.dll and Wimfilter and Package Manager portions of the Component may be used only for recovering Windows operating system software and may not be used for any other purpose, including without limitation for purposes of backing up Your Windows operating system.
b. Notwithstanding any other term of this Agreement, the Component is provided “AS IS” and without warranty of any kind. Microsoft Corporation has no liability to You for the Component. Any support for the Component will be provided by Symantec in accordance with Symantec’s then-current support guidelines.
(2) Linux Kernel. The Linux Kernel component is not governed by this License Agreement. If you choose to install and use the Linux Kernel, your use of that component will be subject to and governed by the terms of a separate license agreement, the GNU General Public License, version 2.0, located at http://www.gnu.org/licenses/gpl-2.0.html#TOC1. If you do not agree to such terms for use of the Linux Kernel, do not install or use such component.
17.2E If Your License Instrument indicates You have received a license to Software Management Solution, the following terms and conditions shall apply. The Software Management Solution Licensed Software includes the Symantec Workspace Virtualization Agent (the “SWV Agent”), which includes the option to install the Symantec Workspace Virtualization Software Development Kit (“SWV SDK”) and/or the Software Workspace Virtualization Admin Tool (the “SWV Admin Tool”). The following additional terms and conditions apply to the use of the SWV Agent, SWV SDK and SWV Admin Tool:
(1) SWV Agent and SWV Admin Tool. You may use the SWV Agent and SWV Admin Tool only on the number of Nodes specified in Your applicable License Certificate for Software Management Solution, and only on the Nodes being managed by Software Management Solution, and only in support of Software Management Solution.
(2) SWV SDK.
a. Development License. If You download the SWV SDK included with the Licensed Software, You are entitled under this License Agreement to install such SWV SDK on an unlimited number of Processors or Servers solely for the purposes of designing, developing, testing, using and demonstrating the integration of the Licensed Software with Your existing systems, other Symantec products, or third party products; provided, however, that Your use of the Licensed Software shall comply with the terms of this License Agreement. Such SWV SDK license shall be in addition to any licenses for the other portions of the Licensed Software acquired by You under this License Agreement. You shall have no right to modify or alter the SWV SDK.
b. No Redistributable Code. The SWV SDK shall only be used by You for Your internal use and may be not be distributed, alone or as integrated with any other code or product, by You in any manner whatsoever to any third party.
c. Open Source Code. Your license rights to the SWV SDK are conditioned upon Your not creating derivative works of the SWV SDK in any manner that would cause the SWV SDK 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.
d. Development Disclaimer. Notwithstanding any other provision of this License Agreement, the following terms shall be applicable to the SWV SDK: THE SWV SDK ALLOWS YOU TO INTEGRATE THE LICENSED SOFTWARE WITH YOUR EXISTING SYSTEMS, OTHER SYMANTEC PRODUCTS, OR THIRD PARTY PRODUCTS, SUBJECT TO THE LIMITATIONS SET FORTH IN 17.2E(2)a. SYMANTEC SHALL NOT BE REPSONSIBLE FOR ANY SUCH INTEGRATION OR ANY DEVELOPMENT AND PROGRAMMING ACTIVITIES UNDERTAKEN BY YOU. UNLESS YOU USE THE APPROPRIATE DEGREE OF SKILL AND CARE IN YOUR DEVELOPMENT AND PROGRAMMING ACTIVITIES, YOUR INTEGRATION OF THE LICENSED SOFTWARE WITH YOUR EXISTING SYSTEMS, OTHER SYMANTEC PRODUCTS, OR THIRD PARTY PRODUCTS MAY CAUSE ERRORS OR PROBLEMS IN THE USE OR OPERATION OF THE LICENSED SOFTWARE. YOU MAY USE THE SWV SDK TO INTEGRATE THE LICENSED SOFTWARE WITH YOUR EXISTING SYSTEMS, OTHER SYMANTEC PRODUCTS, OR THIRD PARTY PRODUCTS AT YOUR SOLE RISK AND SYMANTEC SHALL HAVE NO LIABILITY FOR ANY FAILURE OF THE SWV SDK AND/OR THE LICENSED SOFTWARE BASED ON YOUR FAILURE TO PROPERLY DEVELOP, PROGRAM, INSTALL, CONFIGURE AND MONITOR YOUR INTEGRATION OF THE LICENSED SOFTWARE WITH YOUR EXISTING SYSTEMS, OTHER SYMANTEC PRODUCTS, OR THIRD PARTY PRODUCTS.
17.3 PRIVACY; DATA COLLECTION.
The Licensed Software collects system data that is not personally identifiable. The Licensed Software may also collect personally identifiable information, including but not limited to, usernames, IP addresses in log files, server log files, MAC address, metering application usage by username and active directory module. This information is stored on Your system and is not transmitted to Symantec unless You voluntarily submit such information to Symantec in a support request. If submitted to Symantec, such information will be used for the purpose of troubleshooting and to provide support. The 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 shared with affiliates of the Symantec group worldwide and with Symantec licensors or service providers that operate on Symantec’s behalf, but Symantec has taken steps so that the submitted information, if transferred, receives an adequate level of protection. In case of transfer of users’ personal information to Symantec, it is Your responsibility to comply with applicable laws, including, but not limited to, communication to users.
17.4 Section 16.6 above shall be replaced with the following new Section 16.6 below.
16.6. CUSTOMER SERVICE. Should You have any questions concerning this License Agreement, or if You desire to contact Symantec for any reason, please write to: (i) Symantec Enterprise Customer Care, 555 International Way, Springfield, Oregon 97477, U.S.A., (ii) Symantec Enterprise Customer Care Center, PO BOX 5689, Dublin 15, Ireland, or (iii) 10 Eunos Road 8, #09-02, Singapore Post Centre, Singapore, 408600.
GLB ENT EULA TEMPLATE v.1.0_Master Altiris 7.1 EULA_27January2011
Asset Management Suite_Client Management Suite_IT Management Suite_Server Management Suite
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
OPENING THE LICENSED SOFTWARE PACKAGE, BREAKING THE LICENSED SOFTWARE SEAL,
CLICKING THE “I AGREE” OR “YES” BUTTON, OR OTHERWISE INDICATING ASSENT
ELECTRONICALLY, OR LOADING THE LICENSED SOFTWARE 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 FURTHER USE OF THE LICENSED
SOFTWARE. UNLESS OTHERWISE DEFINED HEREIN, CAPITALIZED TERMS WILL HAVE THE
MEANING GIVEN IN THE “DEFINITIONS” SECTION OF THIS LICENSE AGREEMENT AND SUCH
CAPITALIZED TERMS MAY BE USED IN THE SINGULAR OR IN THE PLURAL, AS THE CONTEXT
REQUIRES.
1. DEFINITIONS.
“Content
Updates”
means content used by certain Symantec products which is updated from time to
time, including but not limited to: updated anti-spyware definitions for
anti-spyware products; updated antispam rules for antispam products; updated
virus definitions for antivirus and crimeware products; updated URL lists for
content filtering and antiphishing products; updated firewall rules for
firewall products; updated intrusion detection data for intrusion detection
products; updated lists of authenticated web pages for website authentication
products; updated policy compliance rules for policy compliance products; and updated
vulnerability signatures for vulnerability assessment products.
“Documentation” means the user documentation
Symantec provides with the Licensed Software.
“License
Instrument”
means one or more of the following applicable documents which further defines
Your license rights to the Licensed Software: a Symantec license certificate or
a similar license document issued by Symantec, or a written agreement between
You and Symantec, that accompanies, precedes or follows this License Agreement.
“Licensed
Software”
means the Symantec software product, in object code form, accompanying this
License Agreement, including any Documentation included in, or provided for use
with, such software or that accompanies this License Agreement.
“Support
Certificate”
means the certificate sent by Symantec confirming Your purchase of the applicable
Symantec maintenance/support for the Licensed Software.
“Upgrade” means any version of
the Licensed Software that has been released to the public and which replaces
the prior version of the Licensed Software on Symantec’s price list pursuant to
Symantec’s then-current upgrade policies.
“Use Level” means the license use
meter or model (which may include operating
system, hardware system, application or machine tier limitations, if
applicable) by which Symantec measures, prices and licenses the right to
use the Licensed Software, in effect at the time an order is placed for such
Licensed Software, as indicated in this License Agreement and the applicable
License Instrument.
2. LICENSE GRANT. Subject to Your compliance with the terms and
conditions of this License Agreement, Symantec grants to You the following
rights: (i) a non-exclusive, non-transferable (except as stated otherwise in
Section 16.1) license to use the Licensed Software solely in support of Your
internal business operations in the quantities and at the Use Levels described
in this License Agreement and the applicable License Instrument; and (ii) the
right to make a single uninstalled copy of the Licensed Software for archival purposes which
You may use and install for disaster-recovery purposes (i.e. where
the primary installation of the Licensed Software becomes unavailable for use).
2.1 TERM. The term
of the Licensed Software license granted under this License Agreement shall be perpetual
(subject to Section 14) unless stated otherwise in Section 17 or unless You have obtained the Licensed
Software on a non-perpetual basis, such
as, under a subscription or term-based license for the period of time indicated
on the applicable License Instrument. If You have obtained the Licensed
Software on a non-perpetual basis, Your rights to use such Licensed Software shall
end on the applicable end date as indicated on the applicable License
Instrument and You shall cease use of the Licensed Software as of such
applicable end date.
3. 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; (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; (v) use of the Licensed Software by any party other than You; (vi) use of
a later version of the Licensed Software other than the version that
accompanies this License Agreement unless You have separately acquired the
right to use such later version through a License Instrument or Support Certificate;
nor (vii) use of the Licensed Software above the quantity and Use Level that
have been licensed to You under this License Agreement or the applicable
License Instrument.
4. OWNERSHIP/TITLE. The Licensed Software
is the proprietary property of Symantec or its licensors and is protected by
copyright law. 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.
5. CONTENT UPDATES. If You purchase a
Symantec maintenance/support offering consisting of or including Content
Updates, as indicated on Your Support Certificate, You are granted the right to
use, as part of the Licensed Software, such Content Updates as and when they
are made generally available to Symantec’s end user customers who have
purchased such maintenance/support offering and for such period of time as
indicated on the face of the applicable Support Certificate. This License Agreement
does not otherwise permit You to obtain and use Content Updates.
6. UPGRADES/CROSS-GRADES. Symantec reserves the right to require
that any upgrades (if any) of the Licensed Software may only be obtained in a
quantity equal to the number indicated on the applicable License Instrument. An
upgrade to an existing license shall not be deemed to increase the number of
licenses which You are authorized to use. Additionally, if You upgrade a Licensed
Software license, or purchase a Licensed Software license listed on the
applicable License Instrument to cross-grade an existing license (i.e. to
increase its functionality, and/or transfer it to a new operating system,
hardware tier or licensing meter), then Symantec issues the applicable Licensed
Instrument based on the understanding that You agree to cease using the
original license. Any such license upgrade or cross-grade is provided under
Symantec's policies in effect at the time of order. This License Agreement does
not separately license You for additional licenses beyond
those which You have purchased, and which have been authorized by Symantec as
indicated on the applicable License Instrument.
7. LIMITED WARRANTY.
7.1. MEDIA WARRANTY. If Symantec provides the
Licensed Software to You on tangible media, Symantec warrants that the magnetic
media upon which the Licensed Software is recorded will not be defective under
normal use, for a period of ninety (90) days from delivery. Symantec will
replace any defective media returned to Symantec within the warranty period at
no charge to You. The above warranty is inapplicable in the event the Licensed
Software media becomes defective due to unauthorized use of the Licensed
Software. THE FOREGOING IS YOUR SOLE AND
EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
7.2. PERFORMANCE WARRANTY. Symantec warrants
that the Licensed Software, as delivered by Symantec and when used in
accordance with the Documentation, will substantially conform to the
Documentation for a period of ninety (90) days from delivery. If the Licensed
Software does not comply with this warranty and such non-compliance is reported
by You to Symantec within the ninety (90) day warranty period, Symantec will do
one of the following, selected at Symantec’s reasonable discretion: either (i)
repair the Licensed Software, (ii) replace the Licensed Software with software
of substantially the same functionality, or (iii) terminate this License
Agreement and refund the relevant license fees paid for such non-compliant
Licensed Software. The above warranty specifically excludes defects resulting
from accident, abuse, unauthorized repair, modifications or enhancements, or
misapplication. THE FOREGOING IS YOUR
SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
8. WARRANTY DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE warranties
set forth in sections 7.1 and 7.2 are YOUR exclusive warranties AND ARE IN LIEU OF ALL
OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. SYMANTEC MAKES NO WARRANTIES OR REPRESENTATIONS THAT
THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES WILL MEET YOUR REQUIREMENTS
OR THAT OPERATION OR USE OF THE LICENSED SOFTWARE, CONTENT UPDATES, AND
UPGRADES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU MAY HAVE OTHER WARRANTY RIGHTS,
WHICH MAY VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
9. 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 OR
ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY
COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF
PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION,
LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR
ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL,
CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR
INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS,
SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL
SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING
RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR
LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE
OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE
DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR
NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.
10. MAINTENANCE/SUPPORT. Symantec has no
obligation under this License Agreement to provide maintenance/support for the
Licensed Software. Any maintenance/support purchased for the Licensed Software
is subject to Symantec’s then-current maintenance/support policies.
11. SOFTWARE EVALUATION. If the Licensed
Software is provided to You for evaluation purposes and You have an evaluation
agreement with Symantec for the Licensed Software, Your rights to evaluate the
Licensed Software will be pursuant to the terms of such evaluation agreement.
If You do not have an evaluation agreement with Symantec for the Licensed
Software and if You are provided the Licensed Software for evaluation purposes, the following terms and conditions shall
apply. Symantec
grants to You a nonexclusive, temporary, royalty-free, non-assignable license
to use the Licensed Software solely for internal non-production evaluation. Such
evaluation license shall terminate (i) on the end date of the pre-determined
evaluation period, if an evaluation period is pre-determined in the Licensed
Software or (ii) sixty (60) days from the date of Your initial installation of
the Licensed Software, if no such evaluation period is pre-determined in the
Licensed Software (“Evaluation Period”). The Licensed Software may not be transferred and is provided “AS
IS” without warranty of any kind. You are solely responsible to take
appropriate measures to back up Your system and take other measures to prevent
any loss of files or data. The Licensed Software may contain an automatic
disabling mechanism that prevents its use after a certain period of time. Upon
expiration of the Licensed Software Evaluation Period, You will cease use of
the Licensed Software and destroy all copies of the Licensed Software. All
other terms and conditions of this License Agreement shall otherwise apply to
Your evaluation of the Licensed Software as permitted herein.
12.
13. 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
14. TERMINATION. This License Agreement shall terminate upon Your breach of any term
contained herein. Upon termination, You shall immediately stop using and
destroy all copies of the Licensed Software.
15. SURVIVAL. The following provisions of
this License Agreement survive termination of this License Agreement: Definitions,
License Restrictions and any other restrictions on use of intellectual property,
Ownership/Title, Warranty Disclaimers, Limitation of Liability, U.S. Government
Restricted Rights, Export Regulation, Survival, and General.
16. GENERAL.
16.1. ASSIGNMENT. 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.
16.2. COMPLIANCE WITH APPLICABLE LAW. You
are solely responsible for Your compliance with, and You agree to comply with,
all applicable laws, rules, and regulations in connection with Your use of the
Licensed Software.
16.3. AUDIT. An auditor, selected by Symantec
and reasonably acceptable to You, may, upon reasonable notice and during normal
business hours, but not more often than once each year, inspect Your records
and deployment in order to confirm that Your use of the Licensed Software
complies with this License Agreement and the applicable License Instrument.
Symantec shall bear the costs of any such audit, except where the audit
demonstrates that the Manufacturer’s Suggested Reseller Price (MSRP) value of
Your non-compliant usage exceeds five percent (5%) of the MSRP value of Your
compliant deployments. In such case, in addition to purchasing appropriate
licenses for any over-deployed Licensed Software, You shall reimburse Symantec
for the auditor’s reasonable actual fees for such audit.
16.4. GOVERNING
LAW; SEVERABILITY; WAIVER. If You are located
in North America or Latin America, this License Agreement will be governed by
the laws of the State of
16.5. 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.
16.6. CUSTOMER SERVICE.
Should You have any questions concerning this License Agreement, or if You
desire to contact Symantec for any reason, please write to: (i) Symantec Enterprise
Customer Care, 555 International Way,
16.7. ENTIRE AGREEMENT. This License Agreement and any related License
Instrument are the complete and exclusive agreement between You and Symantec
relating to the Licensed Software and supersede any previous or contemporaneous
oral or written communications, proposals, and representations with respect to
its subject matter. This License Agreement prevails over any conflicting
or additional terms of any purchase order, ordering document, acknowledgement
or confirmation or other document issued by You, even if signed and returned. This License Agreement may only be modified by a
License Instrument that accompanies or follows this License Agreement.
17. ADDITIONAL
TERMS AND CONDITIONS. Your
use of the Licensed Software is subject to the terms and conditions below in
addition to those stated above.
17.1 ADDITIONAL DEFINITIONS.
“Device” means a mobile device
(a) on which You install and use the Licensed Software, (b) which You manage
(as defined below) with the Licensed Software, (c) 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. “Manage” means use of the
Licensed Software to take inventory of a Device and/or to define and apply
policies or actions to a Device.
In addition, the following shall be
added to the definitions set forth below:
“Support
Certificate”
also includes a Symantec support certificate or other written support document
issued by Symantec confirming Your purchase of the applicable
maintenance/support for the Licensed Software..
17.2 ADDITIONAL USE RIGHTS AND
LIMITATIONS.
17.2A You may use the Licensed Software for up to an aggregate number of Devices that does not exceed Your quantity of Device
licenses, as indicated in the applicable License Instrument.
17.2B You must have a license for each instance
(physical or virtual) of the Licensed Software, provided, however, that You may
make and use a reasonable number of copies of the Licensed Software in a
non-production testing, lab or staging environment. An “instance” of the
Licensed Software is created by executing the Licensed Software’s setup or
install procedure and/or duplicating an existing instance. References to "Licensed Software"
in this License Agreement include “instances” of the Licensed Software.
17.3 CUSTOMER OBLIGATIONS.
You
are solely responsible for ensuring that Your use of the Licensed Software is
in accordance with applicable laws in the territory of operation including, if
applicable, any laws pertaining to providing notice to any parties regarding
Your use of the Licensed Software and the Licensed Software’s functionality.
17.4 PRIVACY;
DATA COLLECTION.
The
Licensed Software may collect (i) personally identifiable information such as
device name, MAC address, phone number, IMEI, username, e-mail address, file
names, applications installed by Your users and device location information if
such location tracking feature is activated by Your users, as well as (ii) other
hardware and software related information.
This information will be stored
on Your system only and is not transmitted to Symantec.
Symantec may require You to supply certain
personal information (e.g., business contact names, titles, telephone numbers and
e-mail addresses) about Yourself and Your users in order to receive support
services from Symantec. Symantec and its affiliates, partners and
subcontractors will use such information to enable delivery of the services You
may request and to communicate with You in relation to such services. In addition,
from time to time we may use Your personal information or other
information You provide to us during the delivery of services to enable us to
recommend other Symantec services or Products that might be useful to You,
pursuant to Your permission and in compliance with applicable laws. By
providing such personal information, You consent to Symantec using,
transferring and processing this information on a global basis for the uses
described in this section.
Symantec is a global organization and any
information collected during the delivery of services may be accessible on a
global basis by Symantec, its affiliates, partners and subcontractors,
including in countries that may have less protective data protection laws than
the country in which You or Your Licensed Software is located. By
providing such information to Symantec, You consent to Symantec using,
transferring and processing the information on a global basis for the uses
described in this section. With regard to personal information of
Your users, it is Your responsibility to (i) ensure that disclosure of such
information to Symantec is consistent and compliant with Your privacy policy,
as well as with any laws governing the collection, use and protection of
personal information applicable to Your country or region of operation; (ii)
inform Your users that You are providing their information to Symantec in the
United States or other countries that may have less protective data protection
laws than the region in which they are situated (including the European
Economic Area) and that such information will be treated in accordance with
Symantec’s privacy policy as posted on www.symantec.com; (iii) inform Your
users of how such information will be used and (iv) obtain all appropriate
consents required for such transfer and use.
For any question regarding the use of
personal information or if You wish to restrict Symantec’s use of Your personal
information, please contact Symantec Corporation - Privacy Lead, 350 Ellis
Street, PO Box 7011, Mountain View, CA 94043, U.S.A. Telephone 650-527-8000
Email: privacy@symantec.com.
17.5 The Symantec
Customer Service address in Section 16.6(iii) above shall be replaced with the
following new address: Symantec Enterprise Customer Care,
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
OPENING THE LICENSED SOFTWARE PACKAGE, BREAKING THE LICENSED SOFTWARE SEAL,
CLICKING THE “I AGREE” OR “YES” BUTTON, OR OTHERWISE INDICATING ASSENT
ELECTRONICALLY, OR LOADING THE LICENSED SOFTWARE 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 FURTHER USE OF THE LICENSED
SOFTWARE. UNLESS OTHERWISE DEFINED HEREIN, CAPITALIZED TERMS WILL HAVE THE
MEANING GIVEN IN THE “DEFINITIONS” SECTION OF THIS LICENSE AGREEMENT AND SUCH
CAPITALIZED TERMS MAY BE USED IN THE SINGULAR OR IN THE PLURAL, AS THE CONTEXT
REQUIRES.
1. DEFINITIONS.
“Content
Updates”
means content used by certain Symantec products which is updated from time to
time, including but not limited to: updated anti-spyware definitions for
anti-spyware products; updated antispam rules for antispam products; updated
virus definitions for antivirus and crimeware products; updated URL lists for
content filtering and antiphishing products; updated firewall rules for
firewall products; updated intrusion detection data for intrusion detection
products; updated lists of authenticated web pages for website authentication
products; updated policy compliance rules for policy compliance products; and updated
vulnerability signatures for vulnerability assessment products.
“Documentation” means the user documentation
Symantec provides with the Licensed Software.
“License
Instrument”
means one or more of the following applicable documents which further defines
Your license rights to the Licensed Software: a Symantec license certificate or
a similar license document issued by Symantec, or a written agreement between
You and Symantec, that accompanies, precedes or follows this License Agreement.
“Licensed
Software”
means the Symantec software product, in object code form, accompanying this
License Agreement, including any Documentation included in, or provided for use
with, such software or that accompanies this License Agreement.
“Support
Certificate”
means the certificate sent by Symantec confirming Your purchase of the applicable
Symantec maintenance/support for the Licensed Software.
“Upgrade” means any version of
the Licensed Software that has been released to the public and which replaces
the prior version of the Licensed Software on Symantec’s price list pursuant to
Symantec’s then-current upgrade policies.
“Use Level” means the license use
meter or model (which may include operating
system, hardware system, application or machine tier limitations, if
applicable) by which Symantec measures, prices and licenses the right to
use the Licensed Software, in effect at the time an order is placed for such
Licensed Software, as indicated in this License Agreement and the applicable
License Instrument.
2. LICENSE GRANT. Subject to Your compliance with the terms and
conditions of this License Agreement, Symantec grants to You the following
rights: (i) a non-exclusive, non-transferable (except as stated otherwise in
Section 16.1) license to use the Licensed Software solely in support of Your
internal business operations in the quantities and at the Use Levels described
in this License Agreement and the applicable License Instrument; and (ii) the
right to make a single uninstalled copy
of the Licensed Software for archival purposes which You may use and install
for disaster-recovery purposes (i.e. where the primary installation of the
Licensed Software becomes unavailable for use).
2.1 TERM. The term
of the Licensed Software license granted under this License Agreement shall be perpetual
(subject to Section 14) unless stated otherwise in Section 17 or unless You have obtained the Licensed
Software on a non-perpetual basis, such
as, under a subscription or term-based license for the period of time indicated
on the applicable License Instrument. If You have obtained the Licensed
Software on a non-perpetual basis, Your rights to use such Licensed Software shall
end on the applicable end date as indicated on the applicable License
Instrument and You shall cease use of the Licensed Software as of such
applicable end date.
3. 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; (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; (v) use of the Licensed Software by any party other than You; (vi) use of
a later version of the Licensed Software other than the version that
accompanies this License Agreement unless You have separately acquired the
right to use such later version through a License Instrument or Support Certificate;
nor (vii) use of the Licensed Software above the quantity and Use Level that
have been licensed to You under this License Agreement or the applicable
License Instrument.
4. OWNERSHIP/TITLE. The Licensed Software
is the proprietary property of Symantec or its licensors and is protected by
copyright law. 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.
5. CONTENT UPDATES. If You purchase a
Symantec maintenance/support offering consisting of or including Content
Updates, as indicated on Your Support Certificate, You are granted the right to
use, as part of the Licensed Software, such Content Updates as and when they
are made generally available to Symantec’s end user customers who have
purchased such maintenance/support offering and for such period of time as
indicated on the face of the applicable Support Certificate. This License Agreement
does not otherwise permit You to obtain and use Content Updates.
6. UPGRADES/CROSS-GRADES. Symantec reserves the right to require
that any upgrades (if any) of the Licensed Software may only be obtained in a
quantity equal to the number indicated on the applicable License Instrument. An
upgrade to an existing license shall not be deemed to increase the number of
licenses which You are authorized to use. Additionally, if You upgrade a Licensed
Software license, or purchase a Licensed Software license listed on the
applicable License Instrument to cross-grade an existing license (i.e. to
increase its functionality, and/or transfer it to a new operating system,
hardware tier or licensing meter), then Symantec issues the applicable Licensed
Instrument based on the understanding that You agree to cease using the
original license. Any such license upgrade or cross-grade is provided under
Symantec's policies in effect at the time of order. This License Agreement does
not separately license You for additional licenses beyond those which You have
purchased, and which have been authorized by Symantec as indicated on the
applicable License Instrument.
7. LIMITED WARRANTY.
7.1. MEDIA WARRANTY. If Symantec provides the
Licensed Software to You on tangible media, Symantec warrants that the magnetic
media upon which the Licensed Software is recorded will not be defective under
normal use, for a period of ninety (90) days from delivery. Symantec will
replace any defective media returned to Symantec within the warranty period at
no charge to You. The above warranty is inapplicable in the event the Licensed
Software media becomes defective due to unauthorized use of the Licensed
Software. THE FOREGOING IS YOUR SOLE AND
EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
7.2. PERFORMANCE WARRANTY. Symantec warrants
that the Licensed Software, as delivered by Symantec and when used in
accordance with the Documentation, will substantially conform to the
Documentation for a period of ninety (90) days from delivery. If the Licensed
Software does not comply with this warranty and such non-compliance is reported
by You to Symantec within the ninety (90) day warranty period, Symantec will do
one of the following, selected at Symantec’s reasonable discretion: either (i)
repair the Licensed Software, (ii) replace the Licensed Software with software
of substantially the same functionality, or (iii) terminate this License
Agreement and refund the relevant license fees paid for such non-compliant
Licensed Software. The above warranty specifically excludes defects resulting
from accident, abuse, unauthorized repair, modifications or enhancements, or
misapplication. THE FOREGOING IS YOUR
SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
8. WARRANTY DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE warranties
set forth in sections 7.1 and 7.2 are YOUR exclusive warranties AND ARE IN LIEU OF ALL
OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. SYMANTEC MAKES NO WARRANTIES OR REPRESENTATIONS THAT
THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES WILL MEET YOUR REQUIREMENTS
OR THAT OPERATION OR USE OF THE LICENSED SOFTWARE, CONTENT UPDATES, AND
UPGRADES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU MAY HAVE OTHER WARRANTY RIGHTS,
WHICH MAY VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
9. 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 OR
ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY
COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF
PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION,
LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR
ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL,
CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR
INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS,
SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL
SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING
RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR
LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE
OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE
DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR
NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.
10. MAINTENANCE/SUPPORT. Symantec has no
obligation under this License Agreement to provide maintenance/support for the
Licensed Software. Any maintenance/support purchased for the Licensed Software
is subject to Symantec’s then-current maintenance/support policies.
11. SOFTWARE EVALUATION. If the Licensed
Software is provided to You for evaluation purposes and You have an evaluation
agreement with Symantec for the Licensed Software, Your rights to evaluate the
Licensed Software will be pursuant to the terms of such evaluation agreement.
If You do not have an evaluation agreement with Symantec for the Licensed
Software and if You are provided the Licensed Software for evaluation purposes, the following terms and conditions shall
apply. Symantec
grants to You a nonexclusive, temporary, royalty-free, non-assignable license
to use the Licensed Software solely for internal non-production evaluation. Such
evaluation license shall terminate (i) on the end date of the pre-determined
evaluation period, if an evaluation period is pre-determined in the Licensed
Software or (ii) sixty (60) days from the date of Your initial installation of
the Licensed Software, if no such evaluation period is pre-determined in the
Licensed Software (“Evaluation Period”). The Licensed Software may not be transferred and is provided “AS
IS” without warranty of any kind. You are solely responsible to take
appropriate measures to back up Your system and take other measures to prevent
any loss of files or data. The Licensed Software may contain an automatic
disabling mechanism that prevents its use after a certain period of time. Upon
expiration of the Licensed Software Evaluation Period, You will cease use of
the Licensed Software and destroy all copies of the Licensed Software. All
other terms and conditions of this License Agreement shall otherwise apply to
Your evaluation of the Licensed Software as permitted herein.
12.
13. 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
14. TERMINATION. This License Agreement shall terminate upon Your breach of any term
contained herein. Upon termination, You shall immediately stop using and
destroy all copies of the Licensed Software.
15. SURVIVAL. The following provisions of
this License Agreement survive termination of this License Agreement: Definitions,
License Restrictions and any other restrictions on use of intellectual property,
Ownership/Title, Warranty Disclaimers, Limitation of Liability, U.S. Government
Restricted Rights, Export Regulation, Survival, and General.
16. GENERAL.
16.1. ASSIGNMENT. 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.
16.2. COMPLIANCE WITH APPLICABLE LAW. You
are solely responsible for Your compliance with, and You agree to comply with,
all applicable laws, rules, and regulations in connection with Your use of the
Licensed Software.
16.3. AUDIT. An auditor, selected by Symantec
and reasonably acceptable to You, may, upon reasonable notice and during normal
business hours, but not more often than once each year, inspect Your records
and deployment in order to confirm that Your use of the Licensed Software
complies with this License Agreement and the applicable License Instrument.
Symantec shall bear the costs of any such audit, except where the audit
demonstrates that the Manufacturer’s Suggested Reseller Price (MSRP) value of
Your non-compliant usage exceeds five percent (5%) of the MSRP value of Your
compliant deployments. In such case, in addition to purchasing appropriate
licenses for any over-deployed Licensed Software, You shall reimburse Symantec
for the auditor’s reasonable actual fees for such audit.
16.4. GOVERNING
LAW; SEVERABILITY; WAIVER. If You are located
in North America or Latin America, this License Agreement will be governed by
the laws of the State of
16.5. 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.
16.6. CUSTOMER SERVICE.
Should You have any questions concerning this License Agreement, or if You
desire to contact Symantec for any reason, please write to: (i) Symantec Enterprise
Customer Care, 555 International Way,
16.7. ENTIRE AGREEMENT. This License Agreement and any related License
Instrument are the complete and exclusive agreement between You and Symantec
relating to the Licensed Software and supersede any previous or contemporaneous
oral or written communications, proposals, and representations with respect to
its subject matter. This License Agreement prevails over any conflicting
or additional terms of any purchase order, ordering document, acknowledgement
or confirmation or other document issued by You, even if signed and returned. This License Agreement may only be modified by a
License Instrument that accompanies or follows this License Agreement.
17. ADDITIONAL
TERMS AND CONDITIONS. Your
use of the Licensed Software is subject to the terms and conditions below in
addition to those stated above.
17.1 Definitions.
A. “License Certificate” includes a
written communication issued by Symantec confirming Your license of the
Licensed Software and that accompanies, precedes or follows this License
Agreement.
B. “Maintenance Certificate” includes a
written communication issued by Symantec confirming Your maintenance/support
for the Licensed Software and that accompanies, precedes or follows this
License Agreement.
17.2 Node
License. Under the terms of a Node
License, you may use the Licensed Software to manage an aggregate number of
Nodes within your organization not to exceed the sum of your licensed nodal
count. A “Node” is any asset under
management by the Licensed Software. An
asset is: (a) a physical device such as a computer, PDA, or server, (b) a
virtual device, such as an operating environment that may be running
concurrently with another operating environment on a single physical device
(e.g., VMware*, Virtual PC*, Virtual Server*), or (c) an object stored by the Licensed
Software in a database, such object representing a physical or virtual asset
for which data is being tracked or managed by the Licensed Software (e.g.,
printer, copier, etc.). A Node License will be deemed consumed for a particular
Licensed Software product once an asset (as defined above) has been managed by
a particular Software product. An asset has been managed by a particular Licensed
Software product once the Licensed Software product has (i) been run locally on
an asset, (ii) remotely interacted with and/or received a response from an
asset, (iii) configured or changed a setting of or migrated settings to or from
an asset, or (iv) otherwise performed any management functionality that such
particular Licensed Software product has been designed to perform with respect
to an asset. You must purchase a sufficient number of Node Licenses to cover
all Node Licenses consumed by a particular Licensed Software product.
GLB
ENT EULA TEMPLATE v1.0_Altiris Monitor Solution v7.0_012808
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
OPENING THE LICENSED SOFTWARE PACKAGE, BREAKING THE LICENSED SOFTWARE SEAL,
CLICKING THE “I AGREE” OR “YES” BUTTON, OR OTHERWISE INDICATING ASSENT
ELECTRONICALLY, OR LOADING THE LICENSED SOFTWARE 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 FURTHER USE OF THE LICENSED
SOFTWARE. UNLESS OTHERWISE DEFINED HEREIN, CAPITALIZED TERMS WILL HAVE THE
MEANING GIVEN IN THE “DEFINITIONS” SECTION OF THIS LICENSE AGREEMENT AND SUCH
CAPITALIZED TERMS MAY BE USED IN THE SINGULAR OR IN THE PLURAL, AS THE CONTEXT
REQUIRES.
1. DEFINITIONS.
“Content
Updates”
means content used by certain Symantec products which is updated from time to
time, including but not limited to: updated anti-spyware definitions for
anti-spyware products; updated antispam rules for antispam products; updated
virus definitions for antivirus and crimeware products; updated URL lists for
content filtering and antiphishing products; updated firewall rules for
firewall products; updated intrusion detection data for intrusion detection
products; updated lists of authenticated web pages for website authentication
products; updated policy compliance rules for policy compliance products; and updated
vulnerability signatures for vulnerability assessment products.
“Documentation” means the user documentation
Symantec provides with the Licensed Software.
“License
Instrument”
means one or more of the following applicable documents which further defines
Your license rights to the Licensed Software: a Symantec license certificate or
a similar license document issued by Symantec, or a written agreement between
You and Symantec, that accompanies, precedes or follows this License Agreement.
“Licensed
Software”
means the Symantec software product, in object code form, accompanying this
License Agreement, including any Documentation included in, or provided for use
with, such software or that accompanies this License Agreement.
“Support
Certificate”
means the certificate sent by Symantec confirming Your purchase of the applicable
Symantec maintenance/support for the Licensed Software.
“Upgrade” means any version of
the Licensed Software that has been released to the public and which replaces
the prior version of the Licensed Software on Symantec’s price list pursuant to
Symantec’s then-current upgrade policies.
“Use Level” means the license use
meter or model (which may include operating
system, hardware system, application or machine tier limitations, if
applicable) by which Symantec measures, prices and licenses the right to
use the Licensed Software, in effect at the time an order is placed for such
Licensed Software, as indicated in this License Agreement and the applicable
License Instrument.
2. LICENSE GRANT. Subject to Your compliance with the terms and
conditions of this License Agreement, Symantec grants to You the following
rights: (i) a non-exclusive, non-transferable (except as stated otherwise in
Section 16.1) license to use the Licensed Software solely in support of Your
internal business operations in the quantities and at the Use Levels described
in this License Agreement and the applicable License Instrument; and (ii) the
right to make a single uninstalled copy
of the Licensed Software for archival purposes which You may use and install
for disaster-recovery purposes (i.e. where the primary installation of the
Licensed Software becomes unavailable for use).
2.1 TERM. The term
of the Licensed Software license granted under this License Agreement shall be perpetual
(subject to Section 14) unless stated otherwise in Section 17 or unless You have obtained the Licensed
Software on a non-perpetual basis, such
as, under a subscription or term-based license for the period of time indicated
on the applicable License Instrument. If You have obtained the Licensed
Software on a non-perpetual basis, Your rights to use such Licensed Software shall
end on the applicable end date as indicated on the applicable License
Instrument and You shall cease use of the Licensed Software as of such
applicable end date.
3. 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; (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; (v) use of the Licensed Software by any party other than You; (vi) use of
a later version of the Licensed Software other than the version that
accompanies this License Agreement unless You have separately acquired the
right to use such later version through a License Instrument or Support Certificate;
nor (vii) use of the Licensed Software above the quantity and Use Level that
have been licensed to You under this License Agreement or the applicable
License Instrument.
4. OWNERSHIP/TITLE. The Licensed Software
is the proprietary property of Symantec or its licensors and is protected by
copyright law. 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.
5. CONTENT UPDATES. If You purchase a
Symantec maintenance/support offering consisting of or including Content
Updates, as indicated on Your Support Certificate, You are granted the right to
use, as part of the Licensed Software, such Content Updates as and when they
are made generally available to Symantec’s end user customers who have
purchased such maintenance/support offering and for such period of time as
indicated on the face of the applicable Support Certificate. This License Agreement
does not otherwise permit You to obtain and use Content Updates.
6. UPGRADES/CROSS-GRADES. Symantec reserves the right to require
that any upgrades (if any) of the Licensed Software may only be obtained in a
quantity equal to the number indicated on the applicable License Instrument. An
upgrade to an existing license shall not be deemed to increase the number of
licenses which You are authorized to use. Additionally, if You upgrade a Licensed
Software license, or purchase a Licensed Software license listed on the
applicable License Instrument to cross-grade an existing license (i.e. to
increase its functionality, and/or transfer it to a new operating system,
hardware tier or licensing meter), then Symantec issues the applicable Licensed
Instrument based on the understanding that You agree to cease using the
original license. Any such license upgrade or cross-grade is provided under
Symantec's policies in effect at the time of order. This License Agreement does
not separately license You for additional licenses beyond those which You have
purchased, and which have been authorized by Symantec as indicated on the
applicable License Instrument.
7. LIMITED WARRANTY.
7.1. MEDIA WARRANTY. If Symantec provides the
Licensed Software to You on tangible media, Symantec warrants that the magnetic
media upon which the Licensed Software is recorded will not be defective under
normal use, for a period of ninety (90) days from delivery. Symantec will
replace any defective media returned to Symantec within the warranty period at
no charge to You. The above warranty is inapplicable in the event the Licensed
Software media becomes defective due to unauthorized use of the Licensed
Software. THE FOREGOING IS YOUR SOLE AND
EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
7.2. PERFORMANCE WARRANTY. Symantec warrants
that the Licensed Software, as delivered by Symantec and when used in
accordance with the Documentation, will substantially conform to the
Documentation for a period of ninety (90) days from delivery. If the Licensed
Software does not comply with this warranty and such non-compliance is reported
by You to Symantec within the ninety (90) day warranty period, Symantec will do
one of the following, selected at Symantec’s reasonable discretion: either (i)
repair the Licensed Software, (ii) replace the Licensed Software with software
of substantially the same functionality, or (iii) terminate this License
Agreement and refund the relevant license fees paid for such non-compliant
Licensed Software. The above warranty specifically excludes defects resulting
from accident, abuse, unauthorized repair, modifications or enhancements, or
misapplication. THE FOREGOING IS YOUR
SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
8. WARRANTY DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE warranties
set forth in sections 7.1 and 7.2 are YOUR exclusive warranties AND ARE IN LIEU OF ALL
OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. SYMANTEC MAKES NO WARRANTIES OR REPRESENTATIONS THAT
THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES WILL MEET YOUR REQUIREMENTS
OR THAT OPERATION OR USE OF THE LICENSED SOFTWARE, CONTENT UPDATES, AND
UPGRADES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU MAY HAVE OTHER WARRANTY RIGHTS,
WHICH MAY VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
9. 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 OR
ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY
COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF
PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION,
LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR
ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL,
CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR
INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS,
SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL
SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING
RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR
LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE
OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE
DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR
NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.
10. MAINTENANCE/SUPPORT. Symantec has no
obligation under this License Agreement to provide maintenance/support for the
Licensed Software. Any maintenance/support purchased for the Licensed Software
is subject to Symantec’s then-current maintenance/support policies.
11. SOFTWARE EVALUATION. If the Licensed
Software is provided to You for evaluation purposes and You have an evaluation
agreement with Symantec for the Licensed Software, Your rights to evaluate the
Licensed Software will be pursuant to the terms of such evaluation agreement.
If You do not have an evaluation agreement with Symantec for the Licensed
Software and if You are provided the Licensed Software for evaluation purposes, the following terms and conditions shall
apply. Symantec
grants to You a nonexclusive, temporary, royalty-free, non-assignable license
to use the Licensed Software solely for internal non-production evaluation. Such
evaluation license shall terminate (i) on the end date of the pre-determined
evaluation period, if an evaluation period is pre-determined in the Licensed
Software or (ii) sixty (60) days from the date of Your initial installation of
the Licensed Software, if no such evaluation period is pre-determined in the
Licensed Software (“Evaluation Period”). The Licensed Software may not be transferred and is provided “AS
IS” without warranty of any kind. You are solely responsible to take
appropriate measures to back up Your system and take other measures to prevent
any loss of files or data. The Licensed Software may contain an automatic
disabling mechanism that prevents its use after a certain period of time. Upon
expiration of the Licensed Software Evaluation Period, You will cease use of
the Licensed Software and destroy all copies of the Licensed Software. All
other terms and conditions of this License Agreement shall otherwise apply to
Your evaluation of the Licensed Software as permitted herein.
12.
13. 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
14. TERMINATION. This License Agreement shall terminate upon Your breach of any term
contained herein. Upon termination, You shall immediately stop using and
destroy all copies of the Licensed Software.
15. SURVIVAL. The following provisions of
this License Agreement survive termination of this License Agreement: Definitions,
License Restrictions and any other restrictions on use of intellectual property,
Ownership/Title, Warranty Disclaimers, Limitation of Liability, U.S. Government
Restricted Rights, Export Regulation, Survival, and General.
16. GENERAL.
16.1. ASSIGNMENT. 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.
16.2. COMPLIANCE WITH APPLICABLE LAW. You
are solely responsible for Your compliance with, and You agree to comply with,
all applicable laws, rules, and regulations in connection with Your use of the
Licensed Software.
16.3. AUDIT. An auditor, selected by Symantec
and reasonably acceptable to You, may, upon reasonable notice and during normal
business hours, but not more often than once each year, inspect Your records
and deployment in order to confirm that Your use of the Licensed Software
complies with this License Agreement and the applicable License Instrument.
Symantec shall bear the costs of any such audit, except where the audit
demonstrates that the Manufacturer’s Suggested Reseller Price (MSRP) value of
Your non-compliant usage exceeds five percent (5%) of the MSRP value of Your
compliant deployments. In such case, in addition to purchasing appropriate
licenses for any over-deployed Licensed Software, You shall reimburse Symantec
for the auditor’s reasonable actual fees for such audit.
16.4. GOVERNING
LAW; SEVERABILITY; WAIVER. If You are located
in North America or Latin America, this License Agreement will be governed by
the laws of the State of
16.5. 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.
16.6. CUSTOMER SERVICE.
Should You have any questions concerning this License Agreement, or if You
desire to contact Symantec for any reason, please write to: (i) Symantec Enterprise
Customer Care, 555 International Way,
16.7. ENTIRE AGREEMENT. This License Agreement and any related License
Instrument are the complete and exclusive agreement between You and Symantec
relating to the Licensed Software and supersede any previous or contemporaneous
oral or written communications, proposals, and representations with respect to
its subject matter. This License Agreement prevails over any conflicting
or additional terms of any purchase order, ordering document, acknowledgement
or confirmation or other document issued by You, even if signed and returned. This License Agreement may only be modified by a
License Instrument that accompanies or follows this License Agreement.
17. ADDITIONAL
TERMS AND CONDITIONS. Your
use of the Licensed Software is subject to the terms and conditions below in
addition to those stated above.
17.1 Definitions.
A. License Certificate includes a written
communication issued by Symantec confirming Your license of the Licensed
Software and that accompanies, precedes or follows this License Agreement.
B. Maintenance Certificate includes a written
communication issued by Symantec confirming Your maintenance/support for the
Licensed Software and that accompanies, precedes or follows this License
Agreement.
17.2 Node
License. Under the terms of a Node
License, you may use the Licensed Software to manage an aggregate number of
Nodes within your organization not to exceed the sum of your licensed nodal
count. A “Node” is any asset under
management by the Licensed Software. An
asset is: (a) a physical device such as a computer, PDA, or server, (b) a
virtual device, such as an operating environment that may be running
concurrently with another operating environment on a single physical device
(e.g., VMware*, Virtual PC*, Virtual Server*), or (c) an object stored by the Licensed
Software in a database, such object representing a physical or virtual asset
for which data is being tracked or managed by the Licensed Software (e.g.,
printer, copier, etc.). A Node License will be deemed consumed for a particular
Licensed Software product once an asset (as defined above) has been managed by
a particular Software product. An asset has been managed by a particular Licensed
Software product once the Licensed Software product has (i) been run locally on
an asset, (ii) remotely interacted with and/or received a response from an
asset, (iii) configured or changed a setting of or migrated settings to or from
an asset, or (iv) otherwise performed any management functionality that such
particular Licensed Software product has been designed to perform with respect
to an asset. You must purchase a sufficient number of Node Licenses to cover
all Node Licenses consumed by a particular Licensed Software product.
GLB
ENT EULA TEMPLATE v1.0_ Altiris
Network Discovery v7.0_030708
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 OPENING THE LICENSED SOFTWARE PACKAGE, BREAKING THE LICENSED SOFTWARE SEAL, CLICKING THE “I AGREE” OR “YES” BUTTON, OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR LOADING THE LICENSED SOFTWARE 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 FURTHER USE OF THE LICENSED SOFTWARE. UNLESS OTHERWISE DEFINED HEREIN, CAPITALIZED TERMS WILL HAVE THE MEANING GIVEN IN THE “DEFINITIONS” SECTION OF THIS LICENSE AGREEMENT AND SUCH CAPITALIZED TERMS MAY BE USED IN THE SINGULAR OR IN THE PLURAL, AS THE CONTEXT REQUIRES.
1. DEFINITIONS.
“Content Updates” means content used by certain Symantec products which is updated from time to time, including but not limited to: updated anti-spyware definitions for anti-spyware products; updated antispam rules for antispam products; updated virus definitions for antivirus and crimeware products; updated URL lists for content filtering and antiphishing products; updated firewall rules for firewall products; updated intrusion detection data for intrusion detection products; updated lists of authenticated web pages for website authentication products; updated policy compliance rules for policy compliance products; and updated vulnerability signatures for vulnerability assessment products.
“Documentation” means the user documentation Symantec provides with the Licensed Software.
“License Instrument” means one or more of the following applicable documents which further defines Your license rights to the Licensed Software: a Symantec license certificate or a similar license document issued by Symantec, or a written agreement between You and Symantec, that accompanies, precedes or follows this License Agreement.
“Licensed Software” means the Symantec software product, in object code form, accompanying this License Agreement, including any Documentation included in, or provided for use with, such software or that accompanies this License Agreement.
“Support Certificate” means the certificate sent by Symantec confirming Your purchase of the applicable Symantec maintenance/support for the Licensed Software.
“Upgrade” means any version of the Licensed Software that has been released to the public and which replaces the prior version of the Licensed Software on Symantec’s price list pursuant to Symantec’s then-current upgrade policies.
“Use Level” means the license use meter or model (which may include operating system, hardware system, application or machine tier limitations, if applicable) by which Symantec measures, prices and licenses the right to use the Licensed Software, in effect at the time an order is placed for such Licensed Software, as indicated in this License Agreement and the applicable License Instrument.
2. LICENSE GRANT. Subject to Your compliance with the terms and conditions of this License Agreement, Symantec grants to You the following rights: (i) a non-exclusive, non-transferable (except as stated otherwise in Section 16.1) license to use the Licensed Software solely in support of Your internal business operations in the quantities and at the Use Levels described in this License Agreement and the applicable License Instrument; and (ii) the right to make a single uninstalled copy of the Licensed Software for archival purposes which You may use and install for disaster-recovery purposes (i.e. where the primary installation of the Licensed Software becomes unavailable for use).
2.1 TERM. The term of the Licensed Software license granted under this License Agreement shall be perpetual (subject to Section 14) unless stated otherwise in Section 17 or u nless You have obtained the Licensed Software on a non-perpetual basis, such as, under a subscription or term-based license for the period of time indicated on the applicable License Instrument. If You have obtained the Licensed Software on a non-perpetual basis, Your rights to use such Licensed Software shall end on the applicable end date as indicated on the applicable License Instrument and You shall cease use of the Licensed Software as of such applicable end date.
3. 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; (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; (v) use of the Licensed Software by any party other than You; (vi) use of a later version of the Licensed Software other than the version that accompanies this License Agreement unless You have separately acquired the right to use such later version through a License Instrument or Support Certificate; nor (vii) use of the Licensed Software above the quantity and Use Level that have been licensed to You under this License Agreement or the applicable License Instrument.
4. OWNERSHIP/TITLE. The Licensed Software is the proprietary property of Symantec or its licensors and is protected by copyright law. 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.
5. CONTENT UPDATES. If You purchase a Symantec maintenance/support offering consisting of or including Content Updates, as indicated on Your Support Certificate, You are granted the right to use, as part of the Licensed Software, such Content Updates as and when they are made generally available to Symantec’s end user customers who have purchased such maintenance/support offering and for such period of time as indicated on the face of the applicable Support Certificate. This License Agreement does not otherwise permit You to obtain and use Content Updates.
6. UPGRADES/CROSS-GRADES. Symantec reserves the right to require that any upgrades (if any) of the Licensed Software may only be obtained in a quantity equal to the number indicated on the applicable License Instrument. An upgrade to an existing license shall not be deemed to increase the number of licenses which You are authorized to use. Additionally, if You upgrade a Licensed Software license, or purchase a Licensed Software license listed on the applicable License Instrument to cross-grade an existing license (i.e. to increase its functionality, and/or transfer it to a new operating system, hardware tier or licensing meter), then Symantec issues the applicable Licensed Instrument based on the understanding that You agree to cease using the original license. Any such license upgrade or cross-grade is provided under Symantec's policies in effect at the time of order. This License Agreement does not separately license You for additional licenses beyond those which You have purchased, and which have been authorized by Symantec as indicated on the applicable License Instrument.
7. LIMITED WARRANTY.
7.1. MEDIA WARRANTY. If Symantec provides the Licensed Software to You on tangible media, Symantec warrants that the magnetic media upon which the Licensed Software is recorded will not be defective under normal use, for a period of ninety (90) days from delivery. Symantec will replace any defective media returned to Symantec within the warranty period at no charge to You. The above warranty is inapplicable in the event the Licensed Software media becomes defective due to unauthorized use of the Licensed Software. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
7.2. PERFORMANCE WARRANTY. Symantec warrants that the Licensed Software, as delivered by Symantec and when used in accordance with the Documentation, will substantially conform to the Documentation for a period of ninety (90) days from delivery. If the Licensed Software does not comply with this warranty and such non-compliance is reported by You to Symantec within the ninety (90) day warranty period, Symantec will do one of the following, selected at Symantec’s reasonable discretion: either (i) repair the Licensed Software, (ii) replace the Licensed Software with software of substantially the same functionality, or (iii) terminate this License Agreement and refund the relevant license fees paid for such non-compliant Licensed Software. The above warranty specifically excludes defects resulting from accident, abuse, unauthorized repair, modifications or enhancements, or misapplication. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
8. WARRANTY DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE warranties set forth in sections 7.1 and 7.2 are YOUR exclusive warranties AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS . SYMANTEC MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OR USE OF THE LICENSED SOFTWARE, CONTENT UPDATES, AND UPGRADES WILL BE UNINTERRUPTED OR ERROR-FREE . YOU MAY HAVE OTHER WARRANTY RIGHTS, WHICH MAY VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
9. 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 OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.
10. MAINTENANCE/SUPPORT. Symantec has no obligation under this License Agreement to provide maintenance/support for the Licensed Software. Any maintenance/support purchased for the Licensed Software is subject to Symantec’s then-current maintenance/support policies.
11. SOFTWARE EVALUATION. If the Licensed Software is provided to You for evaluation purposes and You have an evaluation agreement with Symantec for the Licensed Software, Your rights to evaluate the Licensed Software will be pursuant to the terms of such evaluation agreement. If You do not have an evaluation agreement with Symantec for the Licensed Software and if You are provided the Licensed Software for evaluation purposes, the following terms and conditions shall apply. Symantec grants to You a nonexclusive, temporary, royalty-free, non-assignable license to use the Licensed Software solely for internal non-production evaluation. Such evaluation license shall terminate (i) on the end date of the pre-determined evaluation period, if an evaluation period is pre-determined in the Licensed Software or (ii) sixty (60) days from the date of Your initial installation of the Licensed Software, if no such evaluation period is pre-determined in the Licensed Software (“Evaluation Period”) . The Licensed Software may not be transferred and is provided “AS IS” without warranty of any kind. You are solely responsible to take appropriate measures to back up Your system and take other measures to prevent any loss of files or data. The Licensed Software may contain an automatic disabling mechanism that prevents its use after a certain period of time. Upon expiration of the Licensed Software Evaluation Period, You will cease use of the Licensed Software and destroy all copies of the Licensed Software. All other terms and conditions of this License Agreement shall otherwise apply to Your evaluation of the Licensed Software as permitted herein.
12. GOVERNMENT RESTRICTED RIGHTS. The Licensed 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 Licensed Software - Restricted Rights" and DFARS 227.7202, “Rights in Commercial Computer Licensed Software or Commercial Computer Licensed Software Documentation”, as applicable, and any successor regulations. Any use, modification, reproduction release, performance, display or disclosure of the Licensed Software by the U.S. Government shall be solely in accordance with the terms of this License Agreement.
13. 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 , 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. All Symantec products, including the Controlled Technology are prohibited for export or re-export to , , , and and to any country subject to relevant trade sanctions. You hereby agree that You will not export or sell any Controlled Technology for use in connection with chemical, biological, or nuclear weapons, or missiles, drones or space launch vehicles capable of delivering such weapons.
14. TERMINATION. This License Agreement shall terminate upon Your breach of any term contained herein. Upon termination, You shall immediately stop using and destroy all copies of the Licensed Software.
15. SURVIVAL. The following provisions of this License Agreement survive termination of this License Agreement: Definitions, License Restrictions and any other restrictions on use of intellectual property, Ownership/Title, Warranty Disclaimers, Limitation of Liability, U.S. Government Restricted Rights, Export Regulation, Survival, and General.
16. GENERAL.
16.1. ASSIGNMENT. 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.
16.2. COMPLIANCE WITH APPLICABLE LAW. You are solely responsible for Your compliance with, and You agree to comply with, all applicable laws, rules, and regulations in connection with Your use of the Licensed Software.
16.3. AUDIT. An auditor, selected by Symantec and reasonably acceptable to You, may, upon reasonable notice and during normal business hours, but not more often than once each year, inspect Your records and deployment in order to confirm that Your use of the Licensed Software complies with this License Agreement and the applicable License Instrument. Symantec shall bear the costs of any such audit, except where the audit demonstrates that the Manufacturer’s Suggested Reseller Price (MSRP) value of Your non-compliant usage exceeds five percent (5%) of the MSRP value of Your compliant deployments. In such case, in addition to purchasing appropriate licenses for any over-deployed Licensed Software, You shall reimburse Symantec for the auditor’s reasonable actual fees for such audit.
16.4. GOVERNING LAW; SEVERABILITY; WAIVER. If You are located in North America or Latin America, this License Agreement will be governed by the laws of the State of , . If you are located in , this License Agreement will be governed by the laws of the of . Otherwise, this License Agreement will be governed by the laws of . 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.
16.5. 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.
16.6. CUSTOMER SERVICE. Should You have any questions concerning this License Agreement, or if You desire to contact Symantec for any reason, please write to: (i) Symantec Enterprise Customer Care, 555 International Way, , , , (ii) Symantec Enterprise Customer Care Center, PO BOX 5689, 15, , or (iii) Symantec Enterprise Customer Care, Ryde, NSW 2113, .
16.7. ENTIRE AGREEMENT. This License Agreement and any related License Instrument are the complete and exclusive agreement between You and Symantec relating to the Licensed Software and supersede any previous or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter. T his License Agreement prevails over any conflicting or additional terms of any purchase order, ordering document, acknowledgement or confirmation or other document issued by You, even if signed and returned. This License Agreement may only be modified by a License Instrument that accompanies or follows this License Agreement.
17. ADDITIONAL TERMS AND CONDITIONS. Your use of the Licensed Software is subject to the terms and conditions below in addition to those stated above .
If the Licensed Software provided is the Altiris Installation Manager v 7.0, the following terms shall be applicable notwithstanding anything to the contrary in this Agreement:
17.1 WARRANTY DISCLAIMERS. THE LICENSED SOFTWARE IS PROVIDED “AS IS”. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE warranties set in sections 7.1 and 7.2 SHALL NOT APPLY AND ARE SPECIFICALLY DISCLAIMED. symantec expressly disclaims all WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS . SYMANTEC MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OR USE OF THE LICENSED SOFTWARE, CONTENT UPDATES, AND UPGRADES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU MAY HAVE OTHER WARRANTY RIGHTS, WHICH MAY VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
17.2 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 OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S AGGREGATE LIABILITY EXCEED THE AMOUNT OF FIVE HUNDRED DOLLARS USD ($500.00 USD) UNDER ANY THEORY OF LAW OR EQUITY. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, OR UPGRADES, IF ANY.
17.3 PRIVACY NOTICE. Personally identifiable information such as name, address and phone number which is collected for the purpose of obtaining trade compliance approval prior to the allowance of requested downloads. This information is collected, used and stored by Symantec only for this purpose. Symantec may disclose any information it has collected if asked to do so by a law enforcement official as required or permitted by law or in response to a subpoena or other legal process. Symantec may also use statistics derived from the information to track and publish reports on security risk trends. By using the software you expressly consent to the collection, transfer and use of the personally identifiable information, and you understand that this information will be transferred to Symantec Corp. in the . The laws on holding personal data in the may be less stringent than the laws applicable to the country you are situated in, but we will transfer and store your information in a safe, confidential and secure environment.
GLB ENT EULA TEMPLATE v1.0_Altiris Installation Manager v7.0 031208
]]>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
OPENING THE LICENSED SOFTWARE PACKAGE, BREAKING THE LICENSED SOFTWARE SEAL,
CLICKING THE “I AGREE” OR “YES” BUTTON, OR OTHERWISE INDICATING ASSENT
ELECTRONICALLY, OR LOADING THE LICENSED SOFTWARE 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 FURTHER USE OF THE LICENSED
SOFTWARE. UNLESS OTHERWISE DEFINED HEREIN, CAPITALIZED TERMS WILL HAVE THE
MEANING GIVEN IN THE “DEFINITIONS” SECTION OF THIS LICENSE AGREEMENT AND SUCH
CAPITALIZED TERMS MAY BE USED IN THE SINGULAR OR IN THE PLURAL, AS THE CONTEXT
REQUIRES.
1. DEFINITIONS.
“Content
Updates”
means content used by certain Symantec products which is updated from time to
time, including but not limited to: updated anti-spyware definitions for
anti-spyware products; updated antispam rules for antispam products; updated
virus definitions for antivirus and crimeware products; updated URL lists for
content filtering and antiphishing products; updated firewall rules for
firewall products; updated intrusion detection data for intrusion detection
products; updated lists of authenticated web pages for website authentication
products; updated policy compliance rules for policy compliance products; and updated
vulnerability signatures for vulnerability assessment products.
“Documentation” means the user documentation
Symantec provides with the Licensed Software.
“License
Instrument”
means one or more of the following applicable documents which further defines
Your license rights to the Licensed Software: a Symantec license certificate or
a similar license document issued by Symantec, or a written agreement between
You and Symantec, that accompanies, precedes or follows this License Agreement.
“Licensed
Software”
means the Symantec software product, in object code form, accompanying this
License Agreement, including any Documentation included in, or provided for use
with, such software or that accompanies this License Agreement.
“Support
Certificate”
means the certificate sent by Symantec confirming Your purchase of the applicable
Symantec maintenance/support for the Licensed Software.
“Upgrade” means any version of
the Licensed Software that has been released to the public and which replaces
the prior version of the Licensed Software on Symantec’s price list pursuant to
Symantec’s then-current upgrade policies.
“Use Level” means the license use
meter or model (which may include operating
system, hardware system, application or machine tier limitations, if
applicable) by which Symantec measures, prices and licenses the right to
use the Licensed Software, in effect at the time an order is placed for such
Licensed Software, as indicated in this License Agreement and the applicable
License Instrument.
2. LICENSE GRANT. Subject to Your compliance with the terms and
conditions of this License Agreement, Symantec grants to You the following
rights: (i) a non-exclusive, non-transferable (except as stated otherwise in
Section 16.1) license to use the Licensed Software solely in support of Your
internal business operations in the quantities and at the Use Levels described
in this License Agreement and the applicable License Instrument; and (ii) the
right to make a single uninstalled copy
of the Licensed Software for archival purposes which You may use and install
for disaster-recovery purposes (i.e. where the primary installation of the
Licensed Software becomes unavailable for use).
2.1 TERM. The term
of the Licensed Software license granted under this License Agreement shall be perpetual
(subject to Section 14) unless stated otherwise in Section 17 or unless You have obtained the Licensed
Software on a non-perpetual basis, such
as, under a subscription or term-based license for the period of time indicated
on the applicable License Instrument. If You have obtained the Licensed
Software on a non-perpetual basis, Your rights to use such Licensed Software shall
end on the applicable end date as indicated on the applicable License
Instrument and You shall cease use of the Licensed Software as of such
applicable end date.
3. 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; (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; (v) use of the Licensed Software by any party other than You; (vi) use of
a later version of the Licensed Software other than the version that
accompanies this License Agreement unless You have separately acquired the
right to use such later version through a License Instrument or Support Certificate;
nor (vii) use of the Licensed Software above the quantity and Use Level that
have been licensed to You under this License Agreement or the applicable
License Instrument.
4. OWNERSHIP/TITLE. The Licensed Software
is the proprietary property of Symantec or its licensors and is protected by
copyright law. 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.
5. CONTENT UPDATES. If You purchase a
Symantec maintenance/support offering consisting of or including Content
Updates, as indicated on Your Support Certificate, You are granted the right to
use, as part of the Licensed Software, such Content Updates as and when they
are made generally available to Symantec’s end user customers who have
purchased such maintenance/support offering and for such period of time as
indicated on the face of the applicable Support Certificate. This License Agreement
does not otherwise permit You to obtain and use Content Updates.
6. UPGRADES/CROSS-GRADES. Symantec reserves the right to require
that any upgrades (if any) of the Licensed Software may only be obtained in a
quantity equal to the number indicated on the applicable License Instrument. An
upgrade to an existing license shall not be deemed to increase the number of
licenses which You are authorized to use. Additionally, if You upgrade a Licensed
Software license, or purchase a Licensed Software license listed on the
applicable License Instrument to cross-grade an existing license (i.e. to
increase its functionality, and/or transfer it to a new operating system,
hardware tier or licensing meter), then Symantec issues the applicable Licensed
Instrument based on the understanding that You agree to cease using the
original license. Any such license upgrade or cross-grade is provided under
Symantec's policies in effect at the time of order. This License Agreement does
not separately license You for additional licenses beyond those which You have
purchased, and which have been authorized by Symantec as indicated on the
applicable License Instrument.
7. LIMITED WARRANTY.
7.1. MEDIA WARRANTY. If Symantec provides the
Licensed Software to You on tangible media, Symantec warrants that the magnetic
media upon which the Licensed Software is recorded will not be defective under
normal use, for a period of ninety (90) days from delivery. Symantec will
replace any defective media returned to Symantec within the warranty period at
no charge to You. The above warranty is inapplicable in the event the Licensed
Software media becomes defective due to unauthorized use of the Licensed
Software. THE FOREGOING IS YOUR SOLE AND
EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
7.2. PERFORMANCE WARRANTY. Symantec warrants
that the Licensed Software, as delivered by Symantec and when used in
accordance with the Documentation, will substantially conform to the
Documentation for a period of ninety (90) days from delivery. If the Licensed
Software does not comply with this warranty and such non-compliance is reported
by You to Symantec within the ninety (90) day warranty period, Symantec will do
one of the following, selected at Symantec’s reasonable discretion: either (i)
repair the Licensed Software, (ii) replace the Licensed Software with software
of substantially the same functionality, or (iii) terminate this License
Agreement and refund the relevant license fees paid for such non-compliant
Licensed Software. The above warranty specifically excludes defects resulting
from accident, abuse, unauthorized repair, modifications or enhancements, or
misapplication. THE FOREGOING IS YOUR
SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
8. WARRANTY DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE warranties
set forth in sections 7.1 and 7.2 are YOUR exclusive warranties AND ARE IN LIEU OF ALL
OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. SYMANTEC MAKES NO WARRANTIES OR REPRESENTATIONS THAT
THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES WILL MEET YOUR REQUIREMENTS
OR THAT OPERATION OR USE OF THE LICENSED SOFTWARE, CONTENT UPDATES, AND
UPGRADES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU MAY HAVE OTHER WARRANTY RIGHTS,
WHICH MAY VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
9. 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 OR
ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY
COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF
PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION,
LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR
ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL,
CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR
INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS,
SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL
SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING
RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR
LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE
OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE
DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR
NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.
10. MAINTENANCE/SUPPORT. Symantec has no
obligation under this License Agreement to provide maintenance/support for the
Licensed Software. Any maintenance/support purchased for the Licensed Software
is subject to Symantec’s then-current maintenance/support policies.
11. SOFTWARE EVALUATION. If the Licensed
Software is provided to You for evaluation purposes and You have an evaluation
agreement with Symantec for the Licensed Software, Your rights to evaluate the
Licensed Software will be pursuant to the terms of such evaluation agreement.
If You do not have an evaluation agreement with Symantec for the Licensed
Software and if You are provided the Licensed Software for evaluation purposes, the following terms and conditions shall
apply. Symantec
grants to You a nonexclusive, temporary, royalty-free, non-assignable license
to use the Licensed Software solely for internal non-production evaluation. Such
evaluation license shall terminate (i) on the end date of the pre-determined
evaluation period, if an evaluation period is pre-determined in the Licensed
Software or (ii) sixty (60) days from the date of Your initial installation of
the Licensed Software, if no such evaluation period is pre-determined in the
Licensed Software (“Evaluation Period”). The Licensed Software may not be transferred and is provided “AS
IS” without warranty of any kind. You are solely responsible to take
appropriate measures to back up Your system and take other measures to prevent
any loss of files or data. The Licensed Software may contain an automatic
disabling mechanism that prevents its use after a certain period of time. Upon
expiration of the Licensed Software Evaluation Period, You will cease use of
the Licensed Software and destroy all copies of the Licensed Software. All
other terms and conditions of this License Agreement shall otherwise apply to
Your evaluation of the Licensed Software as permitted herein.
12.
13. 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
14. TERMINATION. This License Agreement shall terminate upon Your breach of any term
contained herein. Upon termination, You shall immediately stop using and
destroy all copies of the Licensed Software.
15. SURVIVAL. The following provisions of
this License Agreement survive termination of this License Agreement: Definitions,
License Restrictions and any other restrictions on use of intellectual property,
Ownership/Title, Warranty Disclaimers, Limitation of Liability, U.S. Government
Restricted Rights, Export Regulation, Survival, and General.
16. GENERAL.
16.1. ASSIGNMENT. 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.
16.2. COMPLIANCE WITH APPLICABLE LAW. You
are solely responsible for Your compliance with, and You agree to comply with,
all applicable laws, rules, and regulations in connection with Your use of the
Licensed Software.
16.3. AUDIT. An auditor, selected by Symantec
and reasonably acceptable to You, may, upon reasonable notice and during normal
business hours, but not more often than once each year, inspect Your records
and deployment in order to confirm that Your use of the Licensed Software
complies with this License Agreement and the applicable License Instrument.
Symantec shall bear the costs of any such audit, except where the audit
demonstrates that the Manufacturer’s Suggested Reseller Price (MSRP) value of
Your non-compliant usage exceeds five percent (5%) of the MSRP value of Your
compliant deployments. In such case, in addition to purchasing appropriate
licenses for any over-deployed Licensed Software, You shall reimburse Symantec
for the auditor’s reasonable actual fees for such audit.
16.4. GOVERNING
LAW; SEVERABILITY; WAIVER. If You are located
in North America or Latin America, this License Agreement will be governed by
the laws of the State of
16.5. 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.
16.6. CUSTOMER SERVICE.
Should You have any questions concerning this License Agreement, or if You
desire to contact Symantec for any reason, please write to: (i) Symantec Enterprise
Customer Care, 555 International Way,
16.7. ENTIRE AGREEMENT. This License Agreement and any related License
Instrument are the complete and exclusive agreement between You and Symantec
relating to the Licensed Software and supersede any previous or contemporaneous
oral or written communications, proposals, and representations with respect to
its subject matter. This License Agreement prevails over any conflicting
or additional terms of any purchase order, ordering document, acknowledgement
or confirmation or other document issued by You, even if signed and returned. This License Agreement may only be modified by a
License Instrument that accompanies or follows this License Agreement.
17. ADDITIONAL
TERMS AND CONDITIONS. Your
use of the Licensed Software is subject to the terms and conditions below in
addition to those stated above.
17.1 Definitions.
A. “License Certificate” includes a
written communication issued by Symantec confirming Your license of the
Licensed Software and that accompanies, precedes or follows this License
Agreement.
B. “Maintenance Certificate”
includes a written communication issued by Symantec confirming Your
maintenance/support for the Licensed Software and that accompanies, precedes or
follows this License Agreement.
17.2 Node
License. Under the terms of a Node
License, you may use the Licensed Software to manage an aggregate number of
Nodes within your organization not to exceed the sum of your licensed nodal
count. A “Node” is any asset under
management by the Licensed Software. An
asset is: (a) a physical device such as a computer, PDA, or server, (b) a
virtual device, such as an operating environment that may be running
concurrently with another operating environment on a single physical device
(e.g., VMware*, Virtual PC*, Virtual Server*), or (c) an object stored by the Licensed
Software in a database, such object representing a physical or virtual asset
for which data is being tracked or managed by the Licensed Software (e.g.,
printer, copier, etc.). A Node License will be deemed consumed for a particular
Licensed Software product once an asset (as defined above) has been managed by
a particular Software product. An asset has been managed by a particular Licensed
Software product once the Licensed Software product has (i) been run locally on
an asset, (ii) remotely interacted with and/or received a response from an
asset, (iii) configured or changed a setting of or migrated settings to or from
an asset, or (iv) otherwise performed any management functionality that such
particular Licensed Software product has been designed to perform with respect
to an asset. You must purchase a sufficient number of Node Licenses to cover
all Node Licenses consumed by a particular Licensed Software product.
GLB ENT
EULA TEMPLATE_ALTIRIS
PATCH MANAGEMENT SOLUTION FOR LINUX 7.0_19MAY2008
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
OPENING THE LICENSED SOFTWARE PACKAGE, BREAKING THE LICENSED SOFTWARE SEAL,
CLICKING THE “I AGREE” OR “YES” BUTTON, OR OTHERWISE INDICATING ASSENT
ELECTRONICALLY, OR LOADING THE LICENSED SOFTWARE 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 FURTHER USE OF THE LICENSED
SOFTWARE. UNLESS OTHERWISE DEFINED HEREIN, CAPITALIZED TERMS WILL HAVE THE
MEANING GIVEN IN THE “DEFINITIONS” SECTION OF THIS LICENSE AGREEMENT AND SUCH
CAPITALIZED TERMS MAY BE USED IN THE SINGULAR OR IN THE PLURAL, AS THE CONTEXT
REQUIRES.
1. DEFINITIONS.
“Content
Updates”
means content used by certain Symantec products which is updated from time to
time, including but not limited to: updated anti-spyware definitions for
anti-spyware products; updated antispam rules for antispam products; updated
virus definitions for antivirus and crimeware products; updated URL lists for
content filtering and antiphishing products; updated firewall rules for
firewall products; updated intrusion detection data for intrusion detection
products; updated lists of authenticated web pages for website authentication
products; updated policy compliance rules for policy compliance products; and updated
vulnerability signatures for vulnerability assessment products.
“Documentation” means the user documentation
Symantec provides with the Licensed Software.
“License
Instrument”
means one or more of the following applicable documents which further defines
Your license rights to the Licensed Software: a Symantec license certificate or
a similar license document issued by Symantec, or a written agreement between
You and Symantec, that accompanies, precedes or follows this License Agreement.
“Licensed
Software”
means the Symantec software product, in object code form, accompanying this
License Agreement, including any Documentation included in, or provided for use
with, such software or that accompanies this License Agreement.
“Support
Certificate”
means the certificate sent by Symantec confirming Your purchase of the applicable
Symantec maintenance/support for the Licensed Software.
“Upgrade” means any version of
the Licensed Software that has been released to the public and which replaces
the prior version of the Licensed Software on Symantec’s price list pursuant to
Symantec’s then-current upgrade policies.
“Use Level” means the license use
meter or model (which may include operating
system, hardware system, application or machine tier limitations, if
applicable) by which Symantec measures, prices and licenses the right to
use the Licensed Software, in effect at the time an order is placed for such
Licensed Software, as indicated in this License Agreement and the applicable
License Instrument.
2. LICENSE GRANT. Subject to Your compliance with the terms and
conditions of this License Agreement, Symantec grants to You the following
rights: (i) a non-exclusive, non-transferable (except as stated otherwise in
Section 16.1) license to use the Licensed Software solely in support of Your
internal business operations in the quantities and at the Use Levels described
in this License Agreement and the applicable License Instrument; and (ii) the
right to make a single uninstalled copy
of the Licensed Software for archival purposes which You may use and install
for disaster-recovery purposes (i.e. where the primary installation of the
Licensed Software becomes unavailable for use).
2.1 TERM. The term
of the Licensed Software license granted under this License Agreement shall be perpetual
(subject to Section 14) unless stated otherwise in Section 17 or unless You have obtained the Licensed
Software on a non-perpetual basis, such
as, under a subscription or term-based license for the period of time indicated
on the applicable License Instrument. If You have obtained the Licensed
Software on a non-perpetual basis, Your rights to use such Licensed Software shall
end on the applicable end date as indicated on the applicable License
Instrument and You shall cease use of the Licensed Software as of such
applicable end date.
3. 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; (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; (v) use of the Licensed Software by any party other than You; (vi) use of
a later version of the Licensed Software other than the version that
accompanies this License Agreement unless You have separately acquired the
right to use such later version through a License Instrument or Support Certificate;
nor (vii) use of the Licensed Software above the quantity and Use Level that
have been licensed to You under this License Agreement or the applicable
License Instrument.
4. OWNERSHIP/TITLE. The Licensed Software
is the proprietary property of Symantec or its licensors and is protected by
copyright law. 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.
5. CONTENT UPDATES. If You purchase a
Symantec maintenance/support offering consisting of or including Content
Updates, as indicated on Your Support Certificate, You are granted the right to
use, as part of the Licensed Software, such Content Updates as and when they
are made generally available to Symantec’s end user customers who have
purchased such maintenance/support offering and for such period of time as
indicated on the face of the applicable Support Certificate. This License Agreement
does not otherwise permit You to obtain and use Content Updates.
6. UPGRADES/CROSS-GRADES. Symantec reserves the right to require
that any upgrades (if any) of the Licensed Software may only be obtained in a
quantity equal to the number indicated on the applicable License Instrument. An
upgrade to an existing license shall not be deemed to increase the number of
licenses which You are authorized to use. Additionally, if You upgrade a Licensed
Software license, or purchase a Licensed Software license listed on the
applicable License Instrument to cross-grade an existing license (i.e. to
increase its functionality, and/or transfer it to a new operating system,
hardware tier or licensing meter), then Symantec issues the applicable Licensed
Instrument based on the understanding that You agree to cease using the
original license. Any such license upgrade or cross-grade is provided under
Symantec's policies in effect at the time of order. This License Agreement does
not separately license You for additional licenses beyond those which You have
purchased, and which have been authorized by Symantec as indicated on the
applicable License Instrument.
7. LIMITED WARRANTY.
7.1. MEDIA WARRANTY. If Symantec provides the
Licensed Software to You on tangible media, Symantec warrants that the magnetic
media upon which the Licensed Software is recorded will not be defective under
normal use, for a period of ninety (90) days from delivery. Symantec will
replace any defective media returned to Symantec within the warranty period at
no charge to You. The above warranty is inapplicable in the event the Licensed
Software media becomes defective due to unauthorized use of the Licensed
Software. THE FOREGOING IS YOUR SOLE AND
EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
7.2. PERFORMANCE WARRANTY. Symantec warrants
that the Licensed Software, as delivered by Symantec and when used in
accordance with the Documentation, will substantially conform to the
Documentation for a period of ninety (90) days from delivery. If the Licensed
Software does not comply with this warranty and such non-compliance is reported
by You to Symantec within the ninety (90) day warranty period, Symantec will do
one of the following, selected at Symantec’s reasonable discretion: either (i)
repair the Licensed Software, (ii) replace the Licensed Software with software
of substantially the same functionality, or (iii) terminate this License
Agreement and refund the relevant license fees paid for such non-compliant
Licensed Software. The above warranty specifically excludes defects resulting
from accident, abuse, unauthorized repair, modifications or enhancements, or
misapplication. THE FOREGOING IS YOUR
SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
8. WARRANTY DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE warranties
set forth in sections 7.1 and 7.2 are YOUR exclusive warranties AND ARE IN LIEU OF ALL
OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. SYMANTEC MAKES NO WARRANTIES OR REPRESENTATIONS THAT
THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES WILL MEET YOUR REQUIREMENTS
OR THAT OPERATION OR USE OF THE LICENSED SOFTWARE, CONTENT UPDATES, AND
UPGRADES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU MAY HAVE OTHER WARRANTY RIGHTS,
WHICH MAY VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
9. 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 OR
ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY
COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF
PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION,
LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR
ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL,
CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR
INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS,
SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL
SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING
RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR
LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE
OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE
DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR
NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.
10. MAINTENANCE/SUPPORT. Symantec has no
obligation under this License Agreement to provide maintenance/support for the
Licensed Software. Any maintenance/support purchased for the Licensed Software
is subject to Symantec’s then-current maintenance/support policies.
11. SOFTWARE EVALUATION. If the Licensed
Software is provided to You for evaluation purposes and You have an evaluation
agreement with Symantec for the Licensed Software, Your rights to evaluate the
Licensed Software will be pursuant to the terms of such evaluation agreement.
If You do not have an evaluation agreement with Symantec for the Licensed
Software and if You are provided the Licensed Software for evaluation purposes, the following terms and conditions shall
apply. Symantec
grants to You a nonexclusive, temporary, royalty-free, non-assignable license
to use the Licensed Software solely for internal non-production evaluation. Such
evaluation license shall terminate (i) on the end date of the pre-determined
evaluation period, if an evaluation period is pre-determined in the Licensed
Software or (ii) sixty (60) days from the date of Your initial installation of
the Licensed Software, if no such evaluation period is pre-determined in the
Licensed Software (“Evaluation Period”). The Licensed Software may not be transferred and is provided “AS
IS” without warranty of any kind. You are solely responsible to take
appropriate measures to back up Your system and take other measures to prevent
any loss of files or data. The Licensed Software may contain an automatic
disabling mechanism that prevents its use after a certain period of time. Upon
expiration of the Licensed Software Evaluation Period, You will cease use of
the Licensed Software and destroy all copies of the Licensed Software. All
other terms and conditions of this License Agreement shall otherwise apply to
Your evaluation of the Licensed Software as permitted herein.
12.
13. 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
14. TERMINATION. This License Agreement shall terminate upon Your breach of any term
contained herein. Upon termination, You shall immediately stop using and
destroy all copies of the Licensed Software.
15. SURVIVAL. The following provisions of
this License Agreement survive termination of this License Agreement: Definitions,
License Restrictions and any other restrictions on use of intellectual property,
Ownership/Title, Warranty Disclaimers, Limitation of Liability, U.S. Government
Restricted Rights, Export Regulation, Survival, and General.
16. GENERAL.
16.1. ASSIGNMENT. 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.
16.2. COMPLIANCE WITH APPLICABLE LAW. You
are solely responsible for Your compliance with, and You agree to comply with,
all applicable laws, rules, and regulations in connection with Your use of the
Licensed Software.
16.3. AUDIT. An auditor, selected by Symantec
and reasonably acceptable to You, may, upon reasonable notice and during normal
business hours, but not more often than once each year, inspect Your records
and deployment in order to confirm that Your use of the Licensed Software
complies with this License Agreement and the applicable License Instrument.
Symantec shall bear the costs of any such audit, except where the audit
demonstrates that the Manufacturer’s Suggested Reseller Price (MSRP) value of
Your non-compliant usage exceeds five percent (5%) of the MSRP value of Your
compliant deployments. In such case, in addition to purchasing appropriate
licenses for any over-deployed Licensed Software, You shall reimburse Symantec
for the auditor’s reasonable actual fees for such audit.
16.4. GOVERNING
LAW; SEVERABILITY; WAIVER. If You are located
in North America or Latin America, this License Agreement will be governed by
the laws of the State of
16.5. 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.
16.6. CUSTOMER SERVICE.
Should You have any questions concerning this License Agreement, or if You
desire to contact Symantec for any reason, please write to: (i) Symantec Enterprise
Customer Care, 555 International Way,
16.7. ENTIRE AGREEMENT. This License Agreement and any related License
Instrument are the complete and exclusive agreement between You and Symantec
relating to the Licensed Software and supersede any previous or contemporaneous
oral or written communications, proposals, and representations with respect to
its subject matter. This License Agreement prevails over any conflicting
or additional terms of any purchase order, ordering document, acknowledgement
or confirmation or other document issued by You, even if signed and returned. This License Agreement may only be modified by a
License Instrument that accompanies or follows this License Agreement.
17. ADDITIONAL
TERMS AND CONDITIONS. Your
use of the Licensed Software is subject to the terms and conditions below in
addition to those stated above.
17.1 Definitions.
A. “License Certificate” includes a
written communication issued by Symantec confirming Your license of the
Licensed Software and that accompanies, precedes or follows this License
Agreement.
B. “Maintenance Certificate”
includes a written communication issued by Symantec confirming Your
maintenance/support for the Licensed Software and that accompanies, precedes or
follows this License Agreement.
17.2 Node
License. Under the terms of a Node
License, you may use the Licensed Software to manage an aggregate number of
Nodes within your organization not to exceed the sum of your licensed nodal
count. A “Node” is any asset under
management by the Licensed Software. An
asset is: (a) a physical device such as a computer, PDA, or server, (b) a
virtual device, such as an operating environment that may be running
concurrently with another operating environment on a single physical device
(e.g., VMware*, Virtual PC*, Virtual Server*), or (c) an object stored by the Licensed
Software in a database, such object representing a physical or virtual asset
for which data is being tracked or managed by the Licensed Software (e.g.,
printer, copier, etc.). A Node License will be deemed consumed for a particular
Licensed Software product once an asset (as defined above) has been managed by
a particular Software product. An asset has been managed by a particular Licensed
Software product once the Licensed Software product has (i) been run locally on
an asset, (ii) remotely interacted with and/or received a response from an
asset, (iii) configured or changed a setting of or migrated settings to or from
an asset, or (iv) otherwise performed any management functionality that such
particular Licensed Software product has been designed to perform with respect
to an asset. You must purchase a sufficient number of Node Licenses to cover
all Node Licenses consumed by a particular Licensed Software product.
GLB ENT
EULA TEMPLATE_ALTIRIS
PATCH MANAGEMENT SOLUTION_27MARCH2008
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
OPENING THE LICENSED SOFTWARE PACKAGE, BREAKING THE LICENSED SOFTWARE SEAL,
CLICKING THE “I AGREE” OR “YES” BUTTON, OR OTHERWISE INDICATING ASSENT
ELECTRONICALLY, OR LOADING THE LICENSED SOFTWARE 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 FURTHER USE OF THE LICENSED
SOFTWARE. UNLESS OTHERWISE DEFINED HEREIN, CAPITALIZED TERMS WILL HAVE THE
MEANING GIVEN IN THE “DEFINITIONS” SECTION OF THIS LICENSE AGREEMENT AND SUCH
CAPITALIZED TERMS MAY BE USED IN THE SINGULAR OR IN THE PLURAL, AS THE CONTEXT
REQUIRES.
1. DEFINITIONS.
“Content
Updates”
means content used by certain Symantec products which is updated from time to
time, including but not limited to: updated anti-spyware definitions for
anti-spyware products; updated antispam rules for antispam products; updated
virus definitions for antivirus and crimeware products; updated URL lists for
content filtering and antiphishing products; updated firewall rules for
firewall products; updated intrusion detection data for intrusion detection
products; updated lists of authenticated web pages for website authentication
products; updated policy compliance rules for policy compliance products; and updated
vulnerability signatures for vulnerability assessment products.
“Documentation” means the user documentation
Symantec provides with the Licensed Software.
“License
Instrument”
means one or more of the following applicable documents which further defines
Your license rights to the Licensed Software: a Symantec license certificate or
a similar license document issued by Symantec, or a written agreement between
You and Symantec, that accompanies, precedes or follows this License Agreement.
“Licensed
Software”
means the Symantec software product, in object code form, accompanying this
License Agreement, including any Documentation included in, or provided for use
with, such software or that accompanies this License Agreement.
“Support
Certificate”
means the certificate sent by Symantec confirming Your purchase of the applicable
Symantec maintenance/support for the Licensed Software.
“Upgrade” means any version of
the Licensed Software that has been released to the public and which replaces
the prior version of the Licensed Software on Symantec’s price list pursuant to
Symantec’s then-current upgrade policies.
“Use Level” means the license use
meter or model (which may include operating
system, hardware system, application or machine tier limitations, if
applicable) by which Symantec measures, prices and licenses the right to
use the Licensed Software, in effect at the time an order is placed for such
Licensed Software, as indicated in this License Agreement and the applicable
License Instrument.
2. LICENSE GRANT. Subject to Your compliance with the terms and
conditions of this License Agreement, Symantec grants to You the following
rights: (i) a non-exclusive, non-transferable (except as stated otherwise in
Section 16.1) license to use the Licensed Software solely in support of Your
internal business operations in the quantities and at the Use Levels described
in this License Agreement and the applicable License Instrument; and (ii) the
right to make a single uninstalled copy
of the Licensed Software for archival purposes which You may use and install
for disaster-recovery purposes (i.e. where the primary installation of the
Licensed Software becomes unavailable for use).
2.1 TERM. The term
of the Licensed Software license granted under this License Agreement shall be perpetual
(subject to Section 14) unless stated otherwise in Section 17 or unless You have obtained the Licensed
Software on a non-perpetual basis, such
as, under a subscription or term-based license for the period of time indicated
on the applicable License Instrument. If You have obtained the Licensed
Software on a non-perpetual basis, Your rights to use such Licensed Software shall
end on the applicable end date as indicated on the applicable License
Instrument and You shall cease use of the Licensed Software as of such
applicable end date.
3. 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; (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; (v) use of the Licensed Software by any party other than You; (vi) use of
a later version of the Licensed Software other than the version that
accompanies this License Agreement unless You have separately acquired the
right to use such later version through a License Instrument or Support Certificate;
nor (vii) use of the Licensed Software above the quantity and Use Level that
have been licensed to You under this License Agreement or the applicable
License Instrument.
4. OWNERSHIP/TITLE. The Licensed Software
is the proprietary property of Symantec or its licensors and is protected by
copyright law. 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.
5. CONTENT UPDATES. If You purchase a
Symantec maintenance/support offering consisting of or including Content
Updates, as indicated on Your Support Certificate, You are granted the right to
use, as part of the Licensed Software, such Content Updates as and when they
are made generally available to Symantec’s end user customers who have
purchased such maintenance/support offering and for such period of time as
indicated on the face of the applicable Support Certificate. This License Agreement
does not otherwise permit You to obtain and use Content Updates.
6. UPGRADES/CROSS-GRADES. Symantec reserves the right to require
that any upgrades (if any) of the Licensed Software may only be obtained in a
quantity equal to the number indicated on the applicable License Instrument. An
upgrade to an existing license shall not be deemed to increase the number of
licenses which You are authorized to use. Additionally, if You upgrade a Licensed
Software license, or purchase a Licensed Software license listed on the
applicable License Instrument to cross-grade an existing license (i.e. to
increase its functionality, and/or transfer it to a new operating system,
hardware tier or licensing meter), then Symantec issues the applicable Licensed
Instrument based on the understanding that You agree to cease using the
original license. Any such license upgrade or cross-grade is provided under
Symantec's policies in effect at the time of order. This License Agreement does
not separately license You for additional licenses beyond those which You have
purchased, and which have been authorized by Symantec as indicated on the
applicable License Instrument.
7. LIMITED WARRANTY.
7.1. MEDIA WARRANTY. If Symantec provides the
Licensed Software to You on tangible media, Symantec warrants that the magnetic
media upon which the Licensed Software is recorded will not be defective under
normal use, for a period of ninety (90) days from delivery. Symantec will
replace any defective media returned to Symantec within the warranty period at
no charge to You. The above warranty is inapplicable in the event the Licensed
Software media becomes defective due to unauthorized use of the Licensed
Software. THE FOREGOING IS YOUR SOLE AND
EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
7.2. PERFORMANCE WARRANTY. Symantec warrants
that the Licensed Software, as delivered by Symantec and when used in
accordance with the Documentation, will substantially conform to the
Documentation for a period of ninety (90) days from delivery. If the Licensed
Software does not comply with this warranty and such non-compliance is reported
by You to Symantec within the ninety (90) day warranty period, Symantec will do
one of the following, selected at Symantec’s reasonable discretion: either (i)
repair the Licensed Software, (ii) replace the Licensed Software with software
of substantially the same functionality, or (iii) terminate this License
Agreement and refund the relevant license fees paid for such non-compliant
Licensed Software. The above warranty specifically excludes defects resulting
from accident, abuse, unauthorized repair, modifications or enhancements, or
misapplication. THE FOREGOING IS YOUR
SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
8. WARRANTY DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE warranties
set forth in sections 7.1 and 7.2 are YOUR exclusive warranties AND ARE IN LIEU OF ALL
OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. SYMANTEC MAKES NO WARRANTIES OR REPRESENTATIONS THAT
THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES WILL MEET YOUR REQUIREMENTS
OR THAT OPERATION OR USE OF THE LICENSED SOFTWARE, CONTENT UPDATES, AND
UPGRADES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU MAY HAVE OTHER WARRANTY RIGHTS,
WHICH MAY VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
9. 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 OR
ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY
COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF
PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION,
LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR
ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL,
CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR
INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS,
SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL
SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING
RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR
LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE
OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE
DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR
NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.
10. MAINTENANCE/SUPPORT. Symantec has no
obligation under this License Agreement to provide maintenance/support for the
Licensed Software. Any maintenance/support purchased for the Licensed Software
is subject to Symantec’s then-current maintenance/support policies.
11. SOFTWARE EVALUATION. If the Licensed
Software is provided to You for evaluation purposes and You have an evaluation
agreement with Symantec for the Licensed Software, Your rights to evaluate the
Licensed Software will be pursuant to the terms of such evaluation agreement.
If You do not have an evaluation agreement with Symantec for the Licensed
Software and if You are provided the Licensed Software for evaluation purposes, the following terms and conditions shall
apply. Symantec
grants to You a nonexclusive, temporary, royalty-free, non-assignable license
to use the Licensed Software solely for internal non-production evaluation. Such
evaluation license shall terminate (i) on the end date of the pre-determined
evaluation period, if an evaluation period is pre-determined in the Licensed
Software or (ii) sixty (60) days from the date of Your initial installation of
the Licensed Software, if no such evaluation period is pre-determined in the
Licensed Software (“Evaluation Period”). The Licensed Software may not be transferred and is provided “AS
IS” without warranty of any kind. You are solely responsible to take
appropriate measures to back up Your system and take other measures to prevent
any loss of files or data. The Licensed Software may contain an automatic
disabling mechanism that prevents its use after a certain period of time. Upon
expiration of the Licensed Software Evaluation Period, You will cease use of
the Licensed Software and destroy all copies of the Licensed Software. All
other terms and conditions of this License Agreement shall otherwise apply to
Your evaluation of the Licensed Software as permitted herein.
12.
13. 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
14. TERMINATION. This License Agreement shall terminate upon Your breach of any term
contained herein. Upon termination, You shall immediately stop using and
destroy all copies of the Licensed Software.
15. SURVIVAL. The following provisions of
this License Agreement survive termination of this License Agreement: Definitions,
License Restrictions and any other restrictions on use of intellectual property,
Ownership/Title, Warranty Disclaimers, Limitation of Liability, U.S. Government
Restricted Rights, Export Regulation, Survival, and General.
16. GENERAL.
16.1. ASSIGNMENT. 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.
16.2. COMPLIANCE WITH APPLICABLE LAW. You
are solely responsible for Your compliance with, and You agree to comply with,
all applicable laws, rules, and regulations in connection with Your use of the
Licensed Software.
16.3. AUDIT. An auditor, selected by Symantec
and reasonably acceptable to You, may, upon reasonable notice and during normal
business hours, but not more often than once each year, inspect Your records
and deployment in order to confirm that Your use of the Licensed Software
complies with this License Agreement and the applicable License Instrument.
Symantec shall bear the costs of any such audit, except where the audit
demonstrates that the Manufacturer’s Suggested Reseller Price (MSRP) value of
Your non-compliant usage exceeds five percent (5%) of the MSRP value of Your
compliant deployments. In such case, in addition to purchasing appropriate
licenses for any over-deployed Licensed Software, You shall reimburse Symantec
for the auditor’s reasonable actual fees for such audit.
16.4. GOVERNING
LAW; SEVERABILITY; WAIVER. If You are located
in North America or Latin America, this License Agreement will be governed by
the laws of the State of
16.5. 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.
16.6. CUSTOMER SERVICE.
Should You have any questions concerning this License Agreement, or if You
desire to contact Symantec for any reason, please write to: (i) Symantec Enterprise
Customer Care, 555 International Way,
16.7. ENTIRE AGREEMENT. This License Agreement and any related License
Instrument are the complete and exclusive agreement between You and Symantec
relating to the Licensed Software and supersede any previous or contemporaneous
oral or written communications, proposals, and representations with respect to
its subject matter. This License Agreement prevails over any conflicting
or additional terms of any purchase order, ordering document, acknowledgement
or confirmation or other document issued by You, even if signed and returned. This License Agreement may only be modified by a
License Instrument that accompanies or follows this License Agreement.
17. ADDITIONAL
TERMS AND CONDITIONS. Your
use of the Licensed Software is subject to the terms and conditions below in
addition to those stated above.
17.1 Definitions.
A. “License Certificate” includes a
written communication issued by Symantec confirming Your license of the
Licensed Software and that accompanies, precedes or follows this License
Agreement.
B. “Maintenance Certificate”
includes a written communication issued by Symantec confirming Your
maintenance/support for the Licensed Software and that accompanies, precedes or
follows this License Agreement.
17.2 Node
License. Under the terms of a Node
License, you may use the Licensed Software to manage an aggregate number of
Nodes within your organization not to exceed the sum of your licensed nodal
count. A “Node” is any asset under
management by the Licensed Software. An
asset is: (a) a physical device such as a computer, PDA, or server, (b) a
virtual device, such as an operating environment that may be running
concurrently with another operating environment on a single physical device
(e.g., VMware*, Virtual PC*, Virtual Server*), or (c) an object stored by the Licensed
Software in a database, such object representing a physical or virtual asset
for which data is being tracked or managed by the Licensed Software (e.g.,
printer, copier, etc.). A Node License will be deemed consumed for a particular
Licensed Software product once an asset (as defined above) has been managed by
a particular Software product. An asset has been managed by a particular Licensed
Software product once the Licensed Software product has (i) been run locally on
an asset, (ii) remotely interacted with and/or received a response from an
asset, (iii) configured or changed a setting of or migrated settings to or from
an asset, or (iv) otherwise performed any management functionality that such
particular Licensed Software product has been designed to perform with respect
to an asset. You must purchase a sufficient number of Node Licenses to cover
all Node Licenses consumed by a particular Licensed Software product.
GLB ENT
EULA TEMPLATE v.1.0_PCANYWHERE
SOLUTION_27MARCH2008
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
OPENING THE LICENSED SOFTWARE PACKAGE, BREAKING THE LICENSED SOFTWARE SEAL,
CLICKING THE “I AGREE” OR “YES” BUTTON, OR OTHERWISE INDICATING ASSENT
ELECTRONICALLY, OR LOADING THE LICENSED SOFTWARE 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 FURTHER USE OF THE LICENSED
SOFTWARE. UNLESS OTHERWISE DEFINED HEREIN, CAPITALIZED TERMS WILL HAVE THE
MEANING GIVEN IN THE “DEFINITIONS” SECTION OF THIS LICENSE AGREEMENT AND SUCH
CAPITALIZED TERMS MAY BE USED IN THE SINGULAR OR IN THE PLURAL, AS THE CONTEXT
REQUIRES.
1. DEFINITIONS.
“Content Updates” means content used by certain Symantec
products which is updated from time to time, including but not limited to: updated
anti-spyware definitions for anti-spyware products; updated antispam rules for
antispam products; updated virus definitions for antivirus and crimeware
products; updated URL lists for content filtering and antiphishing products;
updated firewall rules for firewall products; updated intrusion detection data
for intrusion detection products; updated lists of authenticated web pages for
website authentication products; updated policy compliance rules for policy
compliance products; and updated vulnerability signatures for vulnerability
assessment products.
“Documentation” means the user documentation
Symantec provides with the Licensed Software.
“License Instrument” means one or more of the following applicable
documents which further defines Your license rights to the Licensed Software: a
Symantec license certificate or a similar license document issued by Symantec, or
a written agreement between You and Symantec, that accompanies, precedes or
follows this License Agreement.
“Licensed Software” means the Symantec software product, in
object code form, accompanying this License Agreement, including any Documentation
included in, or provided for use with, such software or that accompanies this
License Agreement.
“Support
Certificate”
means the certificate sent by Symantec confirming Your purchase of the applicable
Symantec maintenance/support for the Licensed Software.
“Upgrade”
means
any version of the Licensed Software that has been released to the public and
which replaces the prior version of the Licensed Software on Symantec’s price
list pursuant to Symantec’s then-current upgrade policies.
“Use
Level”
means the license use meter or model (which may include operating system, hardware system, application or machine tier
limitations, if applicable) by which Symantec measures, prices and licenses
the right to use the Licensed Software, in effect at the time an order is
placed for such Licensed Software, as indicated in this License Agreement and the
applicable License Instrument.
2. LICENSE GRANT. Subject to
Your compliance with the terms and conditions of this License Agreement, Symantec
grants to You the following rights: (i) a non-exclusive, non-transferable (except
as stated otherwise in Section 16.1) license to use the Licensed Software solely
in support of Your internal business operations in the quantities and at the
Use Levels described in this License Agreement and the applicable License
Instrument; (ii) the right to use the Licensed Software with third party
virtual machine technology to run multiple operating system environments on a
single physical hardware system, unless stated otherwise in Section 17 or the
applicable License Instrument; and (iii) the right to make a single uninstalled copy of the Licensed
Software for archival purposes which You may use and install for
disaster-recovery purposes (i.e. where the primary installation of the Licensed
Software becomes unavailable for use). The term of the Licensed Software license
granted under this License Agreement shall be perpetual (subject to Section 14)
unless stated otherwise in Section 17 or unless You have obtained the Licensed Software on a non-perpetual basis such as under a
subscription or term-based license for the period of time indicated on
the applicable License Instrument. If
You have obtained the Licensed Software on a non-perpetual basis, Your rights
to use such Licensed Software shall end on the applicable end date as indicated
on the applicable License Instrument and You shall cease use of the Licensed
Software as of such applicable end date.
3. 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; (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; (v) use of the Licensed Software by any party
other than You; (vi) use of a later version of the Licensed Software other than
the version that accompanies this License Agreement unless You have separately
acquired the right to use such later version through a License Instrument or
Support Certificate; nor (vii) use of the Licensed Software above the quantity
and Use Level that have been licensed to You under this License Agreement or the
applicable License Instrument.
4. OWNERSHIP/TITLE. The
Licensed Software is the proprietary property of Symantec or its licensors and
is protected by copyright law. 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.
5. CONTENT UPDATES. If You purchase a Symantec maintenance/support
offering consisting of or including Content Updates, as indicated on Your
Support Certificate, You are granted the right to use, as part of the Licensed Software,
such Content Updates as and when they are made generally available to
Symantec’s end user customers who have purchased such maintenance/support
offering and for such period of time as indicated on the face of the applicable
Support Certificate. This License Agreement does not otherwise permit You to
obtain and use Content Updates.
6. UPGRADES/CROSS-GRADES. Symantec
reserves the right to require that any upgrades (if any) of the Licensed
Software may only be obtained in a quantity equal to the number indicated on
the applicable License Instrument. An
upgrade to an existing license shall not be deemed to increase the number of
licenses which You are authorized to use. Additionally, if You upgrade a Licensed
Software license, or purchase a Licensed Software license listed on the
applicable License Instrument to cross-grade an existing license (i.e. to
increase its functionality, and/or transfer it to a new operating system,
hardware tier or licensing meter), then Symantec issues the applicable Licensed
Instrument based on the understanding that You agree to cease using the
original license. Any such license upgrade or cross-grade is provided under
Symantec's policies in effect at the time of order. This License Agreement does
not separately license You for additional licenses beyond those which You have
purchased, and which have been authorized by Symantec as indicated on the
applicable License Instrument.
7. LIMITED WARRANTY.
7.1. MEDIA WARRANTY. If Symantec provides the Licensed Software to You
on tangible media, Symantec warrants that the magnetic media upon which the Licensed
Software is recorded will not be defective under normal use, for a period of
ninety (90) days from delivery. Symantec will replace any defective media
returned to Symantec within the warranty period at no charge to You. The above
warranty is inapplicable in the event the Licensed Software media becomes
defective due to unauthorized use of the Licensed Software. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE
REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
7.2. PERFORMANCE WARRANTY. Symantec warrants that the Licensed Software,
as delivered by Symantec and when used in accordance with the Documentation,
will substantially conform to the Documentation for a period of ninety (90)
days from delivery. If the Licensed
Software does not comply with this warranty and such non-compliance is reported
by You to Symantec within the ninety (90) day warranty period, Symantec will do
one of the following, selected at Symantec’s reasonable discretion: either (i)
repair the Licensed Software, (ii) replace the Licensed Software with software
of substantially the same functionality, or (iii) terminate this License
Agreement and refund the relevant license fees paid for such non-compliant
Licensed Software. The above warranty
specifically excludes defects resulting from accident, abuse, unauthorized
repair, modifications or enhancements, or misapplication. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH
OF THIS WARRANTY.
8. WARRANTY DISCLAIMERS. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE warranties set
9. 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 OR ITS LICENSORS, RESELLERS,
SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF
SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE,
LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS
OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR
WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL,
INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF
THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS
OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL
SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING
RISE TO THE CLAIM. NOTHING IN
THIS LICENSE AGREEMENT SHALL EXCLUDE OR LIMIT SYMANTEC’S LIABILITY FOR ANY
LIABILITY WHICH BY LAW CANNOT BE EXCLUDED OR LIMITED. THE DISCLAIMERS AND
LIMITATIONS SET
10. MAINTENANCE/SUPPORT.
Symantec has no obligation under this License Agreement to provide maintenance/support
for the Licensed Software. Any maintenance/support purchased for the Licensed
Software is subject to Symantec’s then-current maintenance/support policies.
11. SOFTWARE EVALUATION. If the Licensed Software is provided to You
for evaluation purposes and You have an evaluation agreement with Symantec for
the Licensed Software, Your rights to evaluate the Licensed Software will be
pursuant to the terms of such evaluation agreement. If You do not have an
evaluation agreement with Symantec for the Licensed Software and if You are
provided the Licensed Software for evaluation purposes, the following terms and conditions shall
apply. Symantec
grants to You a nonexclusive, temporary, royalty-free, non-assignable license
to use the Licensed Software solely for internal non-production evaluation.
Such evaluation license shall terminate (i) on the end date of the
pre-determined evaluation period, if an evaluation period is pre-determined in
the Licensed Software or (ii) sixty (60) days from the date of Your initial
installation of the Licensed Software, if no such evaluation period is
pre-determined in the Licensed Software (“Evaluation
Period”). The Licensed Software may not be transferred and is provided “AS
IS” without warranty of any kind. You are solely responsible to take
appropriate measures to back up Your system and take other measures to prevent
any loss of files or data. The Licensed Software may contain an automatic
disabling mechanism that prevents its use after a certain period of time. Upon
expiration of the Licensed Software Evaluation Period, You will cease use of
the Licensed Software and destroy all copies of the Licensed Software. All
other terms and conditions of this License Agreement shall otherwise apply to
Your evaluation of the Licensed Software as permitted herein
12.
13. 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
14. TERMINATION. This License Agreement shall
terminate upon Your breach of any term contained herein. Upon termination, You
shall immediately stop using and destroy all copies of the Licensed
Software.
15. SURVIVAL. The following provisions of
this License Agreement survive termination of this License Agreement: Definitions,
License Restrictions and any other restrictions on use of intellectual property,
Ownership/Title, Warranty Disclaimers, Limitation of Liability, U.S. Government
Restricted Rights, Export Regulation, Survival, and General.
16. GENERAL.
16.1. ASSIGNMENT. 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.
16.2. COMPLIANCE
WITH APPLICABLE LAW. You are solely
responsible for Your compliance with, and You agree to comply with, all
applicable laws, rules, and regulations in connection with Your use of the
Licensed Software.
16.3. AUDIT.
An auditor, selected by Symantec and
reasonably acceptable to You, may, upon reasonable notice and during normal
business hours, but not more often than once each year, inspect Your records
and deployment in order to confirm Your use of the Licensed Software complies
with this License Agreement and the applicable License Instrument. Symantec
shall bear the costs of any such audit, except where the audit demonstrates
that the Manufacturer’s Suggested Reseller Price (MSRP) value of Your
non-compliant usage exceeds five percent (5%) of the MSRP value of Your
compliant deployments. In such case, in addition to purchasing appropriate
licenses for any over-deployed Licensed Software, You shall reimburse Symantec
for the auditor’s reasonable actual fees for such audit.
16.4. GOVERNING
LAW; SEVERABILITY; WAIVER. If You are located in North America or Latin
America, this License Agreement will be governed by the laws of the State of
16.5. 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.
16.6. CUSTOMER SERVICE.
Should You have any questions concerning
this License Agreement, or if You desire to contact Symantec for any reason,
please write to: (i) Symantec Enterprise Customer Care, 555 International Way,
16.7. ENTIRE
AGREEMENT. This License Agreement and any related License
Instrument are the complete and exclusive agreement between You and Symantec
relating to the Licensed Software and supersede any previous or contemporaneous
oral or written communications, proposals, and representations with respect to
its subject matter. This License Agreement prevails over any conflicting
or additional terms of any purchase order, ordering document, acknowledgement
or confirmation or other document issued by You, even if signed and returned. This License Agreement may only be modified by a
License Instrument that accompanies or follows this License Agreement.
]]>
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
OPENING THE LICENSED SOFTWARE PACKAGE, BREAKING THE LICENSED SOFTWARE SEAL,
CLICKING THE “I AGREE” OR “YES” BUTTON, OR OTHERWISE INDICATING ASSENT
ELECTRONICALLY, OR LOADING THE LICENSED SOFTWARE 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 FURTHER USE OF THE LICENSED
SOFTWARE. UNLESS OTHERWISE DEFINED HEREIN, CAPITALIZED TERMS WILL HAVE THE
MEANING GIVEN IN THE “DEFINITIONS” SECTION OF THIS LICENSE AGREEMENT AND SUCH
CAPITALIZED TERMS MAY BE USED IN THE SINGULAR OR IN THE PLURAL, AS THE CONTEXT
REQUIRES.
1. DEFINITIONS.
“Content
Updates”
means content used by certain Symantec products which is updated from time to
time, including but not limited to: updated anti-spyware definitions for
anti-spyware products; updated antispam rules for antispam products; updated
virus definitions for antivirus and crimeware products; updated URL lists for
content filtering and antiphishing products; updated firewall rules for
firewall products; updated intrusion detection data for intrusion detection
products; updated lists of authenticated web pages for website authentication
products; updated policy compliance rules for policy compliance products; and updated
vulnerability signatures for vulnerability assessment products.
“Documentation” means the user documentation
Symantec provides with the Licensed Software.
“License
Instrument”
means one or more of the following applicable documents which further defines
Your license rights to the Licensed Software: a Symantec license certificate or
a similar license document issued by Symantec, or a written agreement between
You and Symantec, that accompanies, precedes or follows this License Agreement.
“Licensed
Software”
means the Symantec software product, in object code form, accompanying this
License Agreement, including any Documentation included in, or provided for use
with, such software or that accompanies this License Agreement.
“Support
Certificate”
means the certificate sent by Symantec confirming Your purchase of the applicable
Symantec maintenance/support for the Licensed Software.
“Upgrade” means any version of
the Licensed Software that has been released to the public and which replaces
the prior version of the Licensed Software on Symantec’s price list pursuant to
Symantec’s then-current upgrade policies.
“Use Level” means the license use
meter or model (which may include operating
system, hardware system, application or machine tier limitations, if
applicable) by which Symantec measures, prices and licenses the right to
use the Licensed Software, in effect at the time an order is placed for such
Licensed Software, as indicated in this License Agreement and the applicable
License Instrument.
2. LICENSE GRANT. Subject to Your compliance with the terms and
conditions of this License Agreement, Symantec grants to You the following
rights: (i) a non-exclusive, non-transferable (except as stated otherwise in
Section 16.1) license to use the Licensed Software solely in support of Your
internal business operations in the quantities and at the Use Levels described
in this License Agreement and the applicable License Instrument; and (ii) the
right to make a single uninstalled copy
of the Licensed Software for archival purposes which You may use and install
for disaster-recovery purposes (i.e. where the primary installation of the
Licensed Software becomes unavailable for use).
2.1 TERM. The term
of the Licensed Software license granted under this License Agreement shall be perpetual
(subject to Section 14) unless stated otherwise in Section 17 or unless You have obtained the Licensed
Software on a non-perpetual basis, such
as, under a subscription or term-based license for the period of time indicated
on the applicable License Instrument. If You have obtained the Licensed
Software on a non-perpetual basis, Your rights to use such Licensed Software shall
end on the applicable end date as indicated on the applicable License
Instrument and You shall cease use of the Licensed Software as of such
applicable end date.
3. 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; (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; (v) use of the Licensed Software by any party other than You; (vi) use of
a later version of the Licensed Software other than the version that
accompanies this License Agreement unless You have separately acquired the
right to use such later version through a License Instrument or Support Certificate;
nor (vii) use of the Licensed Software above the quantity and Use Level that
have been licensed to You under this License Agreement or the applicable
License Instrument.
4. OWNERSHIP/TITLE. The Licensed Software
is the proprietary property of Symantec or its licensors and is protected by
copyright law. 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.
5. CONTENT UPDATES. If You purchase a
Symantec maintenance/support offering consisting of or including Content
Updates, as indicated on Your Support Certificate, You are granted the right to
use, as part of the Licensed Software, such Content Updates as and when they
are made generally available to Symantec’s end user customers who have
purchased such maintenance/support offering and for such period of time as
indicated on the face of the applicable Support Certificate. This License Agreement
does not otherwise permit You to obtain and use Content Updates.
6. UPGRADES/CROSS-GRADES. Symantec reserves the right to require
that any upgrades (if any) of the Licensed Software may only be obtained in a
quantity equal to the number indicated on the applicable License Instrument. An
upgrade to an existing license shall not be deemed to increase the number of
licenses which You are authorized to use. Additionally, if You upgrade a Licensed
Software license, or purchase a Licensed Software license listed on the
applicable License Instrument to cross-grade an existing license (i.e. to
increase its functionality, and/or transfer it to a new operating system,
hardware tier or licensing meter), then Symantec issues the applicable Licensed
Instrument based on the understanding that You agree to cease using the
original license. Any such license upgrade or cross-grade is provided under
Symantec's policies in effect at the time of order. This License Agreement does
not separately license You for additional licenses beyond those which You have
purchased, and which have been authorized by Symantec as indicated on the
applicable License Instrument.
7. LIMITED WARRANTY.
7.1. MEDIA WARRANTY. If Symantec provides the
Licensed Software to You on tangible media, Symantec warrants that the magnetic
media upon which the Licensed Software is recorded will not be defective under
normal use, for a period of ninety (90) days from delivery. Symantec will
replace any defective media returned to Symantec within the warranty period at
no charge to You. The above warranty is inapplicable in the event the Licensed
Software media becomes defective due to unauthorized use of the Licensed
Software. THE FOREGOING IS YOUR SOLE AND
EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
7.2. PERFORMANCE WARRANTY. Symantec warrants
that the Licensed Software, as delivered by Symantec and when used in
accordance with the Documentation, will substantially conform to the
Documentation for a period of ninety (90) days from delivery. If the Licensed
Software does not comply with this warranty and such non-compliance is reported
by You to Symantec within the ninety (90) day warranty period, Symantec will do
one of the following, selected at Symantec’s reasonable discretion: either (i)
repair the Licensed Software, (ii) replace the Licensed Software with software
of substantially the same functionality, or (iii) terminate this License
Agreement and refund the relevant license fees paid for such non-compliant
Licensed Software. The above warranty specifically excludes defects resulting
from accident, abuse, unauthorized repair, modifications or enhancements, or
misapplication. THE FOREGOING IS YOUR
SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
8. WARRANTY DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE warranties
set forth in sections 7.1 and 7.2 are YOUR exclusive warranties AND ARE IN LIEU OF ALL
OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. SYMANTEC MAKES NO WARRANTIES OR REPRESENTATIONS THAT
THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES WILL MEET YOUR REQUIREMENTS
OR THAT OPERATION OR USE OF THE LICENSED SOFTWARE, CONTENT UPDATES, AND
UPGRADES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU MAY HAVE OTHER WARRANTY RIGHTS,
WHICH MAY VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
9. 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 OR
ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY
COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF
PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION,
LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR
ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL,
CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR
INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS,
SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL
SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING
RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR
LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE
OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE
DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR
NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.
10. MAINTENANCE/SUPPORT. Symantec has no
obligation under this License Agreement to provide maintenance/support for the
Licensed Software. Any maintenance/support purchased for the Licensed Software
is subject to Symantec’s then-current maintenance/support policies.
11. SOFTWARE EVALUATION. If the Licensed
Software is provided to You for evaluation purposes and You have an evaluation
agreement with Symantec for the Licensed Software, Your rights to evaluate the
Licensed Software will be pursuant to the terms of such evaluation agreement.
If You do not have an evaluation agreement with Symantec for the Licensed
Software and if You are provided the Licensed Software for evaluation purposes, the following terms and conditions shall
apply. Symantec
grants to You a nonexclusive, temporary, royalty-free, non-assignable license
to use the Licensed Software solely for internal non-production evaluation. Such
evaluation license shall terminate (i) on the end date of the pre-determined
evaluation period, if an evaluation period is pre-determined in the Licensed
Software or (ii) sixty (60) days from the date of Your initial installation of
the Licensed Software, if no such evaluation period is pre-determined in the
Licensed Software (“Evaluation Period”). The Licensed Software may not be transferred and is provided “AS
IS” without warranty of any kind. You are solely responsible to take
appropriate measures to back up Your system and take other measures to prevent
any loss of files or data. The Licensed Software may contain an automatic
disabling mechanism that prevents its use after a certain period of time. Upon
expiration of the Licensed Software Evaluation Period, You will cease use of
the Licensed Software and destroy all copies of the Licensed Software. All
other terms and conditions of this License Agreement shall otherwise apply to
Your evaluation of the Licensed Software as permitted herein.
12.
13. 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
14. TERMINATION. This License Agreement shall terminate upon Your breach of any term
contained herein. Upon termination, You shall immediately stop using and
destroy all copies of the Licensed Software.
15. SURVIVAL. The following provisions of
this License Agreement survive termination of this License Agreement: Definitions,
License Restrictions and any other restrictions on use of intellectual property,
Ownership/Title, Warranty Disclaimers, Limitation of Liability, U.S. Government
Restricted Rights, Export Regulation, Survival, and General.
16. GENERAL.
16.1. ASSIGNMENT. 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.
16.2. COMPLIANCE WITH APPLICABLE LAW. You
are solely responsible for Your compliance with, and You agree to comply with,
all applicable laws, rules, and regulations in connection with Your use of the
Licensed Software.
16.3. AUDIT. An auditor, selected by Symantec
and reasonably acceptable to You, may, upon reasonable notice and during normal
business hours, but not more often than once each year, inspect Your records
and deployment in order to confirm that Your use of the Licensed Software
complies with this License Agreement and the applicable License Instrument.
Symantec shall bear the costs of any such audit, except where the audit
demonstrates that the Manufacturer’s Suggested Reseller Price (MSRP) value of
Your non-compliant usage exceeds five percent (5%) of the MSRP value of Your
compliant deployments. In such case, in addition to purchasing appropriate
licenses for any over-deployed Licensed Software, You shall reimburse Symantec
for the auditor’s reasonable actual fees for such audit.
16.4. GOVERNING
LAW; SEVERABILITY; WAIVER. If You are located
in North America or Latin America, this License Agreement will be governed by
the laws of the State of
16.5. 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.
16.6. CUSTOMER SERVICE.
Should You have any questions concerning this License Agreement, or if You
desire to contact Symantec for any reason, please write to: (i) Symantec Enterprise
Customer Care, 555 International Way,
16.7. ENTIRE AGREEMENT. This License Agreement and any related License
Instrument are the complete and exclusive agreement between You and Symantec
relating to the Licensed Software and supersede any previous or contemporaneous
oral or written communications, proposals, and representations with respect to
its subject matter. This License Agreement prevails over any conflicting
or additional terms of any purchase order, ordering document, acknowledgement
or confirmation or other document issued by You, even if signed and returned. This License Agreement may only be modified by a
License Instrument that accompanies or follows this License Agreement.
17. ADDITIONAL
TERMS AND CONDITIONS. Your
use of the Licensed Software is subject to the terms and conditions below in
addition to those stated above.
17.1 Definitions.
A. “License Instrument” includes a
written communication issued by Symantec confirming Your license of the
Licensed Software and that accompanies, precedes or follows this License
Agreement.
B. “Support Certificate” includes a
written communication issued by Symantec confirming Your maintenance/support
for the Licensed Software and that accompanies, precedes or follows this
License Agreement.
17.2
Node
License. Under
the terms of a Node License, you may use the Licensed Software to manage an
aggregate number of Nodes within your organization not to exceed the sum of
your licensed nodal count. A “Node” is
any asset under management by the Licensed Software. An asset is: (a) a physical device such as a
computer, PDA, or server, (b) a virtual device, such as an operating
environment that may be running concurrently with another operating environment
on a single physical device (e.g., VMware*, Virtual PC*, Virtual Server*), or
(c) an object stored by the Licensed Software in a database, such object
representing a physical or virtual asset for which data is being tracked or
managed by the Licensed Software (e.g., printer, copier, etc.). A Node License
will be deemed consumed for a particular Licensed Software product once an
asset (as defined above) has been managed by a particular Software product. An
asset has been managed by a particular Licensed Software product once the Licensed
Software product has (i) been run locally on an asset, (ii) remotely interacted
with and/or received a response from an asset, (iii) configured or changed a
setting of or migrated settings to or from an asset, or (iv) otherwise
performed any management functionality that such particular Licensed Software
product has been designed to perform with respect to an asset. You must
purchase a sufficient number of Node Licenses to cover all Node Licenses
consumed by a particular Licensed Software product.
17.3
Concurrent
License. Under
the terms of a Concurrent User License, you may distribute and install
internally within your organization an unrestricted number of copies of the
Software, provided the number of users accessing or using the Software
simultaneously does not exceed your licensed user count. Individuals solely
using the “My Helpdesk Console” or any “self-help” functionality in the
Software shall not count against your licensed user count.
17.4
Connector
License. Under the terms of a Connector License, you
may distribute and install internally within your organization an unrestricted
number of copies of the Software.
GLB ENT EULA TEMPLATE_ALTIRIS REAL-TIME SYSTEM
MANAGER v7.0_01APRIL2008
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 FURTHER USE OF THE LICENSED SOFTWARE.
1. License Rights.�
Subject to Your compliance with the terms and conditions of this License
Agreement, Symantec grants to You a non-exclusive,
non-transferable license to use the Licensed Software solely in conjunction
with Your use of the Symantec Endpoint Protection software, for which You have
a valid license.� Your authorized use of
the Licensed Software requires as a prerequisite the installation of the
Symantec Management Platform software.�
�Licensed Software� means the
Symantec software program You wish to download and use
and the associated program documentation, if any.
2.
License Restrictions.� You may not, without Symantec�s prior written
consent, conduct, cause or permit the: (i) use, 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.
3.
Ownership/Title.� 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.
Support or
Maintenance.� Symantec has no
obligation under this License Agreement to provide maintenance/support for the
Licensed Software. Any support purchased in conjunction with Your
license to Symantec Endpoint Protection shall apply to Your use of the Licensed
Software and is subject to Symantec�s then-current support policies.� Symantec does not offer 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 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, 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. 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.
10.
Privacy; Data
Protection.� From time to time, the Licensed Software may
collect certain information from the computer on which it is installed, why may
include, without limitation, computer name, domain name, user name and IP
Address for product support and troubleshooting.� The collected information is stored on the
customer�s system only and is not transmitted to Symantec unless You voluntarily submit such information to Symantec in a
support request.� If submitted to
Symantec, such submitted 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), but Symantec has taken steps so that the submitted
information, if transferred, receives an adequate level of protection.
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
OPENING THE LICENSED SOFTWARE PACKAGE, BREAKING THE LICENSED SOFTWARE SEAL,
CLICKING THE “I AGREE” OR “YES” BUTTON, OR OTHERWISE INDICATING ASSENT
ELECTRONICALLY, OR LOADING THE LICENSED SOFTWARE 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 FURTHER USE OF THE LICENSED
SOFTWARE. UNLESS OTHERWISE DEFINED HEREIN, CAPITALIZED TERMS WILL HAVE THE
MEANING GIVEN IN THE “DEFINITIONS” SECTION OF THIS LICENSE AGREEMENT AND SUCH
CAPITALIZED TERMS MAY BE USED IN THE SINGULAR OR IN THE PLURAL, AS THE CONTEXT
REQUIRES.
1. DEFINITIONS.
“Content
Updates”
means content used by certain Symantec products which is updated from time to
time, including but not limited to: updated anti-spyware definitions for
anti-spyware products; updated antispam rules for antispam products; updated
virus definitions for antivirus and crimeware products; updated URL lists for
content filtering and antiphishing products; updated firewall rules for
firewall products; updated intrusion detection data for intrusion detection
products; updated lists of authenticated web pages for website authentication
products; updated policy compliance rules for policy compliance products; and updated
vulnerability signatures for vulnerability assessment products.
“Documentation” means the user documentation
Symantec provides with the Licensed Software.
“License
Instrument”
means one or more of the following applicable documents which further defines
Your license rights to the Licensed Software: a Symantec license certificate or
a similar license document issued by Symantec, or a written agreement between
You and Symantec, that accompanies, precedes or follows this License Agreement.
“Licensed
Software”
means the Symantec software product, in object code form, accompanying this
License Agreement, including any Documentation included in, or provided for use
with, such software or that accompanies this License Agreement.
“Support
Certificate”
means the certificate sent by Symantec confirming Your purchase of the applicable
Symantec maintenance/support for the Licensed Software.
“Upgrade” means any version of
the Licensed Software that has been released to the public and which replaces
the prior version of the Licensed Software on Symantec’s price list pursuant to
Symantec’s then-current upgrade policies.
“Use Level” means the license use
meter or model (which may include operating
system, hardware system, application or machine tier limitations, if
applicable) by which Symantec measures, prices and licenses the right to
use the Licensed Software, in effect at the time an order is placed for such
Licensed Software, as indicated in this License Agreement and the applicable
License Instrument.
2. LICENSE GRANT. Subject to Your compliance with the terms and
conditions of this License Agreement, Symantec grants to You the following
rights: (i) a non-exclusive, non-transferable (except as stated otherwise in
Section 16.1) license to use the Licensed Software solely in support of Your
internal business operations in the quantities and at the Use Levels described
in this License Agreement and the applicable License Instrument; and (ii) the
right to make a single uninstalled copy
of the Licensed Software for archival purposes which You may use and install
for disaster-recovery purposes (i.e. where the primary installation of the
Licensed Software becomes unavailable for use).
2.1 TERM. The term
of the Licensed Software license granted under this License Agreement shall be perpetual
(subject to Section 14) unless stated otherwise in Section 17 or unless You have obtained the Licensed
Software on a non-perpetual basis, such
as, under a subscription or term-based license for the period of time indicated
on the applicable License Instrument. If You have obtained the Licensed
Software on a non-perpetual basis, Your rights to use such Licensed Software shall
end on the applicable end date as indicated on the applicable License
Instrument and You shall cease use of the Licensed Software as of such
applicable end date.
3. 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; (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; (v) use of the Licensed Software by any party other than You; (vi) use of
a later version of the Licensed Software other than the version that
accompanies this License Agreement unless You have separately acquired the
right to use such later version through a License Instrument or Support Certificate;
nor (vii) use of the Licensed Software above the quantity and Use Level that
have been licensed to You under this License Agreement or the applicable
License Instrument.
4. OWNERSHIP/TITLE. The Licensed Software
is the proprietary property of Symantec or its licensors and is protected by
copyright law. 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.
5. CONTENT UPDATES. If You purchase a
Symantec maintenance/support offering consisting of or including Content
Updates, as indicated on Your Support Certificate, You are granted the right to
use, as part of the Licensed Software, such Content Updates as and when they
are made generally available to Symantec’s end user customers who have
purchased such maintenance/support offering and for such period of time as
indicated on the face of the applicable Support Certificate. This License Agreement
does not otherwise permit You to obtain and use Content Updates.
6. UPGRADES/CROSS-GRADES. Symantec reserves the right to require
that any upgrades (if any) of the Licensed Software may only be obtained in a
quantity equal to the number indicated on the applicable License Instrument. An
upgrade to an existing license shall not be deemed to increase the number of
licenses which You are authorized to use. Additionally, if You upgrade a Licensed
Software license, or purchase a Licensed Software license listed on the
applicable License Instrument to cross-grade an existing license (i.e. to
increase its functionality, and/or transfer it to a new operating system,
hardware tier or licensing meter), then Symantec issues the applicable Licensed
Instrument based on the understanding that You agree to cease using the
original license. Any such license upgrade or cross-grade is provided under
Symantec's policies in effect at the time of order. This License Agreement does
not separately license You for additional licenses beyond those which You have
purchased, and which have been authorized by Symantec as indicated on the
applicable License Instrument.
7. LIMITED WARRANTY.
7.1. MEDIA WARRANTY. If Symantec provides the
Licensed Software to You on tangible media, Symantec warrants that the magnetic
media upon which the Licensed Software is recorded will not be defective under
normal use, for a period of ninety (90) days from delivery. Symantec will
replace any defective media returned to Symantec within the warranty period at
no charge to You. The above warranty is inapplicable in the event the Licensed
Software media becomes defective due to unauthorized use of the Licensed
Software. THE FOREGOING IS YOUR SOLE AND
EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
7.2. PERFORMANCE WARRANTY. Symantec warrants
that the Licensed Software, as delivered by Symantec and when used in
accordance with the Documentation, will substantially conform to the
Documentation for a period of ninety (90) days from delivery. If the Licensed
Software does not comply with this warranty and such non-compliance is reported
by You to Symantec within the ninety (90) day warranty period, Symantec will do
one of the following, selected at Symantec’s reasonable discretion: either (i)
repair the Licensed Software, (ii) replace the Licensed Software with software
of substantially the same functionality, or (iii) terminate this License
Agreement and refund the relevant license fees paid for such non-compliant
Licensed Software. The above warranty specifically excludes defects resulting
from accident, abuse, unauthorized repair, modifications or enhancements, or
misapplication. THE FOREGOING IS YOUR
SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
8. WARRANTY DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE warranties
set forth in sections 7.1 and 7.2 are YOUR exclusive warranties AND ARE IN LIEU OF ALL
OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. SYMANTEC MAKES NO WARRANTIES OR REPRESENTATIONS THAT
THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES WILL MEET YOUR REQUIREMENTS
OR THAT OPERATION OR USE OF THE LICENSED SOFTWARE, CONTENT UPDATES, AND
UPGRADES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU MAY HAVE OTHER WARRANTY RIGHTS,
WHICH MAY VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
9. 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 OR
ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY
COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF
PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION,
LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR
ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL,
CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR
INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS,
SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL
SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING
RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR
LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE
OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE
DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR
NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.
10. MAINTENANCE/SUPPORT. Symantec has no
obligation under this License Agreement to provide maintenance/support for the
Licensed Software. Any maintenance/support purchased for the Licensed Software
is subject to Symantec’s then-current maintenance/support policies.
11. SOFTWARE EVALUATION. If the Licensed
Software is provided to You for evaluation purposes and You have an evaluation
agreement with Symantec for the Licensed Software, Your rights to evaluate the
Licensed Software will be pursuant to the terms of such evaluation agreement.
If You do not have an evaluation agreement with Symantec for the Licensed
Software and if You are provided the Licensed Software for evaluation purposes, the following terms and conditions shall
apply. Symantec
grants to You a nonexclusive, temporary, royalty-free, non-assignable license
to use the Licensed Software solely for internal non-production evaluation. Such
evaluation license shall terminate (i) on the end date of the pre-determined
evaluation period, if an evaluation period is pre-determined in the Licensed
Software or (ii) sixty (60) days from the date of Your initial installation of
the Licensed Software, if no such evaluation period is pre-determined in the
Licensed Software (“Evaluation Period”). The Licensed Software may not be transferred and is provided “AS
IS” without warranty of any kind. You are solely responsible to take
appropriate measures to back up Your system and take other measures to prevent
any loss of files or data. The Licensed Software may contain an automatic
disabling mechanism that prevents its use after a certain period of time. Upon
expiration of the Licensed Software Evaluation Period, You will cease use of
the Licensed Software and destroy all copies of the Licensed Software. All
other terms and conditions of this License Agreement shall otherwise apply to
Your evaluation of the Licensed Software as permitted herein.
12.
13. 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
14. TERMINATION. This License Agreement shall terminate upon Your breach of any term
contained herein. Upon termination, You shall immediately stop using and
destroy all copies of the Licensed Software.
15. SURVIVAL. The following provisions of
this License Agreement survive termination of this License Agreement: Definitions,
License Restrictions and any other restrictions on use of intellectual property,
Ownership/Title, Warranty Disclaimers, Limitation of Liability, U.S. Government
Restricted Rights, Export Regulation, Survival, and General.
16. GENERAL.
16.1. ASSIGNMENT. 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.
16.2. COMPLIANCE WITH APPLICABLE LAW. You
are solely responsible for Your compliance with, and You agree to comply with,
all applicable laws, rules, and regulations in connection with Your use of the
Licensed Software.
16.3. AUDIT. An auditor, selected by Symantec
and reasonably acceptable to You, may, upon reasonable notice and during normal
business hours, but not more often than once each year, inspect Your records
and deployment in order to confirm that Your use of the Licensed Software
complies with this License Agreement and the applicable License Instrument.
Symantec shall bear the costs of any such audit, except where the audit
demonstrates that the Manufacturer’s Suggested Reseller Price (MSRP) value of
Your non-compliant usage exceeds five percent (5%) of the MSRP value of Your
compliant deployments. In such case, in addition to purchasing appropriate
licenses for any over-deployed Licensed Software, You shall reimburse Symantec
for the auditor’s reasonable actual fees for such audit.
16.4. GOVERNING
LAW; SEVERABILITY; WAIVER. If You are located
in North America or Latin America, this License Agreement will be governed by
the laws of the State of
16.5. 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.
16.6. CUSTOMER SERVICE.
Should You have any questions concerning this License Agreement, or if You
desire to contact Symantec for any reason, please write to: (i) Symantec Enterprise
Customer Care, 555 International Way,
16.7. ENTIRE AGREEMENT. This License Agreement and any related License
Instrument are the complete and exclusive agreement between You and Symantec
relating to the Licensed Software and supersede any previous or contemporaneous
oral or written communications, proposals, and representations with respect to
its subject matter. This License Agreement prevails over any conflicting
or additional terms of any purchase order, ordering document, acknowledgement
or confirmation or other document issued by You, even if signed and returned. This License Agreement may only be modified by a
License Instrument that accompanies or follows this License Agreement.
17. ADDITIONAL
TERMS AND CONDITIONS. Your
use of the Licensed Software is subject to the terms and conditions below in
addition to those stated above.
17.1 Definitions.
A. “License Certificate” includes a
written communication issued by Symantec confirming Your license of the
Licensed Software and that accompanies, precedes or follows this License
Agreement.
B. “Maintenance Certificate” includes a
written communication issued by Symantec confirming Your maintenance/support
for the Licensed Software and that accompanies, precedes or follows this
License Agreement.
17.2 Node
License. Under the terms of a Node
License, you may use the Licensed Software to manage an aggregate number of
Nodes within your organization not to exceed the sum of your licensed nodal
count. A “Node” is any asset under
management by the Licensed Software. An
asset is: (a) a physical device such as a computer, PDA, or server, (b) a
virtual device, such as an operating environment that may be running
concurrently with another operating environment on a single physical device
(e.g., VMware*, Virtual PC*, Virtual Server*), or (c) an object stored by the Licensed
Software in a database, such object representing a physical or virtual asset
for which data is being tracked or managed by the Licensed Software (e.g.,
printer, copier, etc.). A Node License will be deemed consumed for a particular
Licensed Software product once an asset (as defined above) has been managed by
a particular Software product. An asset has been managed by a particular Licensed
Software product once the Licensed Software product has (i) been run locally on
an asset, (ii) remotely interacted with and/or received a response from an
asset, (iii) configured or changed a setting of or migrated settings to or from
an asset, or (iv) otherwise performed any management functionality that such
particular Licensed Software product has been designed to perform with respect
to an asset. You must purchase a sufficient number of Node Licenses to cover
all Node Licenses consumed by a particular Licensed Software product.
17.3 Software
Virtualization Solution Agent. If
the Licensed Software You have licensed includes Altiris Software
Virtualization Solution agent (the “SVS Agent”), You shall have the right to
install the SVS Agent only on the number of Nodes specified in the applicable
License Certificate for the Licensed Software, and only on the Nodes being
managed by the Licensed Software, e.g. Software Management Solution. If you elect to use the SVS Agent, You must
use the SVS Agent in support of the Licensed Software.
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 OPENING THE
LICENSED SOFTWARE PACKAGE, BREAKING THE LICENSED SOFTWARE SEAL, CLICKING THE �I
AGREE� OR �YES� BUTTON, OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR
LOADING THE LICENSED SOFTWARE 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 FURTHER USE OF THE LICENSED SOFTWARE.
UNLESS OTHERWISE DEFINED HEREIN, CAPITALIZED TERMS WILL HAVE THE MEANING GIVEN
IN THE �DEFINITIONS� SECTION OF THIS LICENSE AGREEMENT AND SUCH CAPITALIZED
TERMS MAY BE USED IN THE SINGULAR OR IN THE PLURAL, AS THE CONTEXT REQUIRES.
1.������������ DEFINITIONS.
�Content
Updates�
means content used by certain Symantec products which is updated from time to
time, including but not limited to: updated anti-spyware definitions for
anti-spyware products; updated antispam rules for antispam products; updated
virus definitions for antivirus and crimeware products; updated URL lists for
content filtering and antiphishing products; updated firewall rules for
firewall products; updated intrusion detection data for intrusion detection
products; updated lists of authenticated web pages for website authentication
products; updated policy compliance rules for policy compliance products; and updated
vulnerability signatures for vulnerability assessment products.
�Documentation� means the user documentation
Symantec provides with the Licensed Software.
�License
Instrument�
means one or more of the following applicable documents which further defines
Your license rights to the Licensed Software: a Symantec license certificate or
a similar license document issued by Symantec, or a written agreement between
You and Symantec, that accompanies, precedes or follows this License Agreement.
�Licensed
Software�
means the Symantec software product, in object code form, accompanying this
License Agreement, including any Documentation included in, or provided for use
with, such software or that accompanies this License Agreement.
�Support
Certificate�
means the certificate sent by Symantec confirming Your purchase of the applicable
Symantec maintenance/support for the Licensed Software.
�Upgrade� means any version of
the Licensed Software that has been released to the public and which replaces
the prior version of the Licensed Software on Symantec�s price list pursuant to
Symantec�s then-current upgrade policies.
�Use Level� means the license use
meter or model (which may include operating
system, hardware system, application or machine tier limitations, if
applicable) by which Symantec measures, prices and licenses the right to
use the Licensed Software, in effect at the time an order is placed for such
Licensed Software, as indicated in this License Agreement and the applicable
License Instrument.
2.������������ LICENSE GRANT. Subject to Your compliance with the terms and
conditions of this License Agreement, Symantec grants to You the following
rights: (i) a non-exclusive, non-transferable (except as stated otherwise in
Section 16.1) license to use the Licensed Software solely in support of Your
internal business operations in the quantities and at the Use Levels described
in this License Agreement and the applicable License Instrument; and (ii) the
right to make a single uninstalled copy
of the Licensed Software for archival purposes which You may use and install
for disaster-recovery purposes (i.e. where the primary installation of the
Licensed Software becomes unavailable for use).
2.1��������� TERM. The term
of the Licensed Software license granted under this License Agreement shall be perpetual
(subject to Section 14) unless stated otherwise in Section 17 or unless You have obtained the Licensed
Software on a non-perpetual basis, such
as, under a subscription or term-based license for the period of time indicated
on the applicable License Instrument. If You have obtained the Licensed
Software on a non-perpetual basis, Your rights to use such Licensed Software shall
end on the applicable end date as indicated on the applicable License
Instrument and You shall cease use of the Licensed Software as of such
applicable end date.
3.������������ 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; (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; (v) use of the Licensed Software by any party other than You; (vi) use of
a later version of the Licensed Software other than the version that
accompanies this License Agreement unless You have separately acquired the
right to use such later version through a License Instrument or Support Certificate;
nor (vii) use of the Licensed Software above the quantity and Use Level that
have been licensed to You under this License Agreement or the applicable
License Instrument.
4.������������ OWNERSHIP/TITLE. The Licensed Software
is the proprietary property of Symantec or its licensors and is protected by
copyright law. 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.
5.������������ CONTENT UPDATES. If You purchase a
Symantec maintenance/support offering consisting of or including Content
Updates, as indicated on Your Support Certificate, You are granted the right to
use, as part of the Licensed Software, such Content Updates as and when they
are made generally available to Symantec�s end user customers who have
purchased such maintenance/support offering and for such period of time as
indicated on the face of the applicable Support Certificate. This License Agreement
does not otherwise permit You to obtain and use Content Updates.
6.������������ UPGRADES/CROSS-GRADES. Symantec reserves the right to require
that any upgrades (if any) of the Licensed Software may only be obtained in a
quantity equal to the number indicated on the applicable License Instrument. An
upgrade to an existing license shall not be deemed to increase the number of
licenses which You are authorized to use. Additionally, if You upgrade a Licensed
Software license, or purchase a Licensed Software license listed on the
applicable License Instrument to cross-grade an existing license (i.e. to
increase its functionality, and/or transfer it to a new operating system,
hardware tier or licensing meter), then Symantec issues the applicable Licensed
Instrument based on the understanding that You agree to cease using the
original license. Any such license upgrade or cross-grade is provided under
Symantec's policies in effect at the time of order. This License Agreement does
not separately license You for additional licenses beyond those which You have
purchased, and which have been authorized by Symantec as indicated on the
applicable License Instrument.
7.������������ LIMITED WARRANTY.
7.1. ������� MEDIA WARRANTY. If Symantec provides the
Licensed Software to You on tangible media, Symantec warrants that the magnetic
media upon which the Licensed Software is recorded will not be defective under
normal use, for a period of ninety (90) days from delivery. Symantec will
replace any defective media returned to Symantec within the warranty period at
no charge to You. The above warranty is inapplicable in the event the Licensed
Software media becomes defective due to unauthorized use of the Licensed
Software. THE FOREGOING IS YOUR SOLE AND
EXCLUSIVE REMEDY FOR SYMANTEC�S BREACH OF THIS WARRANTY.
7.2.�������� PERFORMANCE WARRANTY. Symantec warrants
that the Licensed Software, as delivered by Symantec and when used in
accordance with the Documentation, will substantially conform to the
Documentation for a period of ninety (90) days from delivery. If the Licensed
Software does not comply with this warranty and such non-compliance is reported
by You to Symantec within the ninety (90) day warranty period, Symantec will do
one of the following, selected at Symantec�s reasonable discretion: either (i)
repair the Licensed Software, (ii) replace the Licensed Software with software
of substantially the same functionality, or (iii) terminate this License
Agreement and refund the relevant license fees paid for such non-compliant
Licensed Software. The above warranty specifically excludes defects resulting
from accident, abuse, unauthorized repair, modifications or enhancements, or
misapplication. THE FOREGOING IS YOUR
SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC�S BREACH OF THIS WARRANTY.
8.������������ WARRANTY DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE warranties
set forth in sections 7.1 and 7.2 are YOUR exclusive warranties AND ARE IN LIEU OF ALL
OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. SYMANTEC MAKES NO WARRANTIES OR REPRESENTATIONS THAT
THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES WILL MEET YOUR REQUIREMENTS
OR THAT OPERATION OR USE OF THE LICENSED SOFTWARE, CONTENT UPDATES, AND
UPGRADES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU MAY HAVE OTHER WARRANTY RIGHTS,
WHICH MAY VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
9.������������ 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 OR
ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY
COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF
PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION,
LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR
ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL,
CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR
INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS,
SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL
SYMANTEC�S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING
RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR
LIMIT SYMANTEC�S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE
OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE
DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR
NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.
10.��������� MAINTENANCE/SUPPORT. Symantec has no
obligation under this License Agreement to provide maintenance/support for the
Licensed Software. Any maintenance/support purchased for the Licensed Software
is subject to Symantec�s then-current maintenance/support policies.
11.��������� SOFTWARE EVALUATION. If the Licensed
Software is provided to You for evaluation purposes and You have an evaluation
agreement with Symantec for the Licensed Software, Your rights to evaluate the
Licensed Software will be pursuant to the terms of such evaluation agreement.
If You do not have an evaluation agreement with Symantec for the Licensed
Software and if You are provided the Licensed Software for evaluation purposes, the following terms and conditions shall
apply. Symantec
grants to You a nonexclusive, temporary, royalty-free, non-assignable license
to use the Licensed Software solely for internal non-production evaluation. Such
evaluation license shall terminate (i) on the end date of the pre-determined
evaluation period, if an evaluation period is pre-determined in the Licensed
Software or (ii) sixty (60) days from the date of Your initial installation of
the Licensed Software, if no such evaluation period is pre-determined in the
Licensed Software (�Evaluation Period�). The Licensed Software may not be transferred and is provided �AS
IS� without warranty of any kind. You are solely responsible to take
appropriate measures to back up Your system and take other measures to prevent
any loss of files or data. The Licensed Software may contain an automatic
disabling mechanism that prevents its use after a certain period of time. Upon
expiration of the Licensed Software Evaluation Period, You will cease use of
the Licensed Software and destroy all copies of the Licensed Software. All
other terms and conditions of this License Agreement shall otherwise apply to
Your evaluation of the Licensed Software as permitted herein.
12.���������
13.��������� 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
14.��������� TERMINATION. This License Agreement shall terminate upon Your breach of any term
contained herein. Upon termination, You shall immediately stop using and
destroy all copies of the Licensed Software.
15.��������� SURVIVAL. The following provisions of
this License Agreement survive termination of this License Agreement: Definitions,
License Restrictions and any other restrictions on use of intellectual property,
Ownership/Title, Warranty Disclaimers, Limitation of Liability, U.S. Government
Restricted Rights, Export Regulation, Survival, and General.
16.��������� GENERAL.
16.1.������ ASSIGNMENT. 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.
16.2.������ COMPLIANCE WITH APPLICABLE LAW. You
are solely responsible for Your compliance with, and You agree to comply with,
all applicable laws, rules, and regulations in connection with Your use of the
Licensed Software.
16.3.������ AUDIT. An auditor, selected by Symantec
and reasonably acceptable to You, may, upon reasonable notice and during normal
business hours, but not more often than once each year, inspect Your records
and deployment in order to confirm that Your use of the Licensed Software
complies with this License Agreement and the applicable License Instrument.
Symantec shall bear the costs of any such audit, except where the audit
demonstrates that the Manufacturer�s Suggested Reseller Price (MSRP) value of
Your non-compliant usage exceeds five percent (5%) of the MSRP value of Your
compliant deployments. In such case, in addition to purchasing appropriate
licenses for any over-deployed Licensed Software, You shall reimburse Symantec
for the auditor�s reasonable actual fees for such audit.
16.4.������ GOVERNING
LAW; SEVERABILITY; WAIVER. If You are located
in North America or Latin America, this License Agreement will be governed by
the laws of the State of
16.5.������ 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.
16.6.������ CUSTOMER SERVICE.
Should You have any questions concerning this License Agreement, or if You
desire to contact Symantec for any reason, please write to: (i) Symantec Enterprise
Customer Care, 555 International Way,
16.7.������ ENTIRE AGREEMENT. This License Agreement and any related License
Instrument are the complete and exclusive agreement between You and Symantec
relating to the Licensed Software and supersede any previous or contemporaneous
oral or written communications, proposals, and representations with respect to
its subject matter. This License Agreement prevails over any conflicting
or additional terms of any purchase order, ordering document, acknowledgement
or confirmation or other document issued by You, even if signed and returned. This License Agreement may only be modified by a
License Instrument that accompanies or follows this License Agreement.
17.��������� ADDITIONAL
TERMS AND CONDITIONS. Your
use of the Licensed Software is subject to the terms and conditions below in
addition to those stated above.
17.1������� Definitions.
A.����������� �License Certificate� includes a
written communication issued by Symantec confirming Your license of the
Licensed Software and that accompanies, precedes or follows this License
Agreement.
B.����������� �Maintenance Certificate� includes a
written communication issued by Symantec confirming Your maintenance/support
for the Licensed Software and that accompanies, precedes or follows this
License Agreement.
17.2������� Node
License.� Under the terms of a Node
License, you may use the Licensed Software to manage an aggregate number of
Nodes within your organization not to exceed the sum of your licensed nodal
count.� A �Node� is any asset under
management by the Licensed Software.� An
asset is: (a) a physical device such as a computer, PDA, or server, (b) a
virtual device, such as an operating environment that may be running
concurrently with another operating environment on a single physical device
(e.g., VMware*, Virtual PC*, Virtual Server*), or (c) an object stored by the Licensed
Software in a database, such object representing a physical or virtual asset
for which data is being tracked or managed by the Licensed Software (e.g.,
printer, copier, etc.). A Node License will be deemed consumed for a particular
Licensed Software product once an asset (as defined above) has been managed by
a particular Licensed Software product. An asset has been managed by a
particular Licensed Software product once the Licensed Software product or
portion of the Licensed Software product such as an agent has (i) been run
locally on an asset, (ii) remotely interacted with and/or received a response
from an asset, (iii) configured or changed a setting of or migrated settings to
or from an asset, (iv) participated in the creation or deployment of a disk
image or (v) otherwise performed any management functionality that such
particular Licensed Software product has been designed to perform with respect
to an asset. You must purchase a sufficient number of Node Licenses to cover
all Node Licenses consumed by a particular Licensed Software product.
17.3 ������ Image-Based License. "Image" is
defined as a hard disk(s) clone(s), or a system disk(s) configuration clone(s).
Under the terms of an Image-Based License, You may use the Licensed Software to
deploy Nodes within your organization via an "Image" based
deployment, not to exceed the sum of Your licensed nodal count.
17.4������� Microsoft
WAIK.� If the Licensed Software
You have licensed includes the Microsoft Window Automated Installation Kit (the
�Component�), the following uses and restrictions apply to the Component:
A.� ��������� The Component contains Windows�
software licensed from Microsoft Corporation.�
Microsoft Corporation has no liability to You for the Component.�� Any support for the Component will be
provided by Symantec in accordance with Symantec�s then-current support
guidelines.
B.����������� Notwithstanding any
other term of this Agreement, the Component is provided without warranty of any
kind whatsoever and is licensed �As Is.�
Windows� is a
registered trademark of Microsoft Corporation.
17.5������� PRIVACY; DATA PROTECTION. From time to time, the Software may collect
certain information from the computer on which it is installed, which may
include system and storage configuration data including system IP addresses,
and other general, statistical information for product administration and
analysis, and for improving product functionality. This information is
collected and stored on Your system and is not transmitted externally without
first obtaining Your consent.�
GLB
ENT EULA TEMPLATE v1.0_Altiris Deployment Solution for Solaris v1.0_09.13.2010
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 OPENING THE LICENSED SOFTWARE PACKAGE, BREAKING THE LICENSED SOFTWARE SEAL, CLICKING THE “I AGREE” OR “YES” BUTTON, OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR LOADING THE LICENSED SOFTWARE 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 FURTHER USE OF THE LICENSED SOFTWARE. UNLESS OTHERWISE DEFINED HEREIN, CAPITALIZED TERMS WILL HAVE THE MEANING GIVEN IN THE “DEFINITIONS” SECTION OF THIS LICENSE AGREEMENT AND SUCH CAPITALIZED TERMS MAY BE USED IN THE SINGULAR OR IN THE PLURAL, AS THE CONTEXT REQUIRES.
1. DEFINITIONS.
“Content Updates” means content used by certain Symantec products which is updated from time to time, including but not limited to: updated anti-spyware definitions for anti-spyware products; updated antispam rules for antispam products; updated virus definitions for antivirus and crimeware products; updated URL lists for content filtering and antiphishing products; updated firewall rules for firewall products; updated intrusion detection data for intrusion detection products; updated lists of authenticated web pages for website authentication products; updated policy compliance rules for policy compliance products; and updated vulnerability signatures for vulnerability assessment products.
“Documentation” means the user documentation Symantec provides with the Licensed Software.
“License Instrument” means one or more of the following applicable documents which further defines Your license rights to the Licensed Software: a Symantec license certificate or a similar license document issued by Symantec, or a written agreement between You and Symantec, that accompanies, precedes or follows this License Agreement.
“Licensed Software” means the Symantec software product, in object code form, accompanying this License Agreement, including any Documentation included in, or provided for use with, such software or that accompanies this License Agreement.
“Support Certificate” means the certificate sent by Symantec confirming Your purchase of the applicable Symantec maintenance/support for the Licensed Software.
“Upgrade” means any version of the Licensed Software that has been released to the public and which replaces the prior version of the Licensed Software on Symantec’s price list pursuant to Symantec’s then-current upgrade policies.
“Use Level” means the license use meter or model (which may include operating system, hardware system, application or machine tier limitations, if applicable) by which Symantec measures, prices and licenses the right to use the Licensed Software, in effect at the time an order is placed for such Licensed Software, as indicated in this License Agreement and the applicable License Instrument.
2. LICENSE GRANT. Subject to Your compliance with the terms and conditions of this License Agreement, Symantec grants to You the following rights: (i) a non-exclusive, non-transferable (except as stated otherwise in Section 16.1) license to use the Licensed Software solely in support of Your internal business operations in the quantities and at the Use Levels described in this License Agreement and the applicable License Instrument; and (ii) the right to make a single uninstalled copy of the Licensed Software for archival purposes which You may use and install for disaster-recovery purposes (i.e. where the primary installation of the Licensed Software becomes unavailable for use).
2.1 TERM. The term of the Licensed Software license granted under this License Agreement shall be perpetual (subject to Section 14) unless stated otherwise in Section 17 or unless You have obtained the Licensed Software on a non-perpetual basis, such as, under a subscription or term-based license for the period of time indicated on the applicable License Instrument. If You have obtained the Licensed Software on a non-perpetual basis, Your rights to use such Licensed Software shall end on the applicable end date as indicated on the applicable License Instrument and You shall cease use of the Licensed Software as of such applicable end date.
3. 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; (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; (v) use of the Licensed Software by any party other than You; (vi) use of a later version of the Licensed Software other than the version that accompanies this License Agreement unless You have separately acquired the right to use such later version through a License Instrument or Support Certificate; nor (vii) use of the Licensed Software above the quantity and Use Level that have been licensed to You under this License Agreement or the applicable License Instrument.
4. OWNERSHIP/TITLE. The Licensed Software is the proprietary property of Symantec or its licensors and is protected by copyright law. 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.
5. CONTENT UPDATES. If You purchase a Symantec maintenance/support offering consisting of or including Content Updates, as indicated on Your Support Certificate, You are granted the right to use, as part of the Licensed Software, such Content Updates as and when they are made generally available to Symantec’s end user customers who have purchased such maintenance/support offering and for such period of time as indicated on the face of the applicable Support Certificate. This License Agreement does not otherwise permit You to obtain and use Content Updates.
6. UPGRADES/CROSS-GRADES. Symantec reserves the right to require that any upgrades (if any) of the Licensed Software may only be obtained in a quantity equal to the number indicated on the applicable License Instrument. An upgrade to an existing license shall not be deemed to increase the number of licenses which You are authorized to use. Additionally, if You upgrade a Licensed Software license, or purchase a Licensed Software license listed on the applicable License Instrument to cross-grade an existing license (i.e. to increase its functionality, and/or transfer it to a new operating system, hardware tier or licensing meter), then Symantec issues the applicable Licensed Instrument based on the understanding that You agree to cease using the original license. Any such license upgrade or cross-grade is provided under Symantec's policies in effect at the time of order. This License Agreement does not separately license You for additional licenses beyond those which You have purchased, and which have been authorized by Symantec as indicated on the applicable License Instrument.
7. LIMITED WARRANTY.
7.1. MEDIA WARRANTY. If Symantec provides the Licensed Software to You on tangible media, Symantec warrants that the magnetic media upon which the Licensed Software is recorded will not be defective under normal use, for a period of ninety (90) days from delivery. Symantec will replace any defective media returned to Symantec within the warranty period at no charge to You. The above warranty is inapplicable in the event the Licensed Software media becomes defective due to unauthorized use of the Licensed Software. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
7.2. PERFORMANCE WARRANTY. Symantec warrants that the Licensed Software, as delivered by Symantec and when used in accordance with the Documentation, will substantially conform to the Documentation for a period of ninety (90) days from delivery. If the Licensed Software does not comply with this warranty and such non-compliance is reported by You to Symantec within the ninety (90) day warranty period, Symantec will do one of the following, selected at Symantec’s reasonable discretion: either (i) repair the Licensed Software, (ii) replace the Licensed Software with software of substantially the same functionality, or (iii) terminate this License Agreement and refund the relevant license fees paid for such non-compliant Licensed Software. The above warranty specifically excludes defects resulting from accident, abuse, unauthorized repair, modifications or enhancements, or misapplication. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
8. WARRANTY DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE warranties set forth in sections 7.1 and 7.2 are YOUR exclusive warranties AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. SYMANTEC MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OR USE OF THE LICENSED SOFTWARE, CONTENT UPDATES, AND UPGRADES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU MAY HAVE OTHER WARRANTY RIGHTS, WHICH MAY VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
9. 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 OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.
10. MAINTENANCE/SUPPORT. Symantec has no obligation under this License Agreement to provide maintenance/support for the Licensed Software. Any maintenance/support purchased for the Licensed Software is subject to Symantec’s then-current maintenance/support policies.
11. SOFTWARE EVALUATION. If the Licensed Software is provided to You for evaluation purposes and You have an evaluation agreement with Symantec for the Licensed Software, Your rights to evaluate the Licensed Software will be pursuant to the terms of such evaluation agreement. If You do not have an evaluation agreement with Symantec for the Licensed Software and if You are provided the Licensed Software for evaluation purposes, the following terms and conditions shall apply. Symantec grants to You a nonexclusive, temporary, royalty-free, non-assignable license to use the Licensed Software solely for internal non-production evaluation. Such evaluation license shall terminate (i) on the end date of the pre-determined evaluation period, if an evaluation period is pre-determined in the Licensed Software or (ii) sixty (60) days from the date of Your initial installation of the Licensed Software, if no such evaluation period is pre-determined in the Licensed Software (“Evaluation Period”). The Licensed Software may not be transferred and is provided “AS IS” without warranty of any kind. You are solely responsible to take appropriate measures to back up Your system and take other measures to prevent any loss of files or data. The Licensed Software may contain an automatic disabling mechanism that prevents its use after a certain period of time. Upon expiration of the Licensed Software Evaluation Period, You will cease use of the Licensed Software and destroy all copies of the Licensed Software. All other terms and conditions of this License Agreement shall otherwise apply to Your evaluation of the Licensed Software as permitted herein.
12. U.S. GOVERNMENT RESTRICTED RIGHTS. The Licensed 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 Licensed Software - Restricted Rights" and DFARS 227.7202, “Rights in Commercial Computer Licensed Software or Commercial Computer Licensed Software Documentation”, as applicable, and any successor regulations. Any use, modification, reproduction release, performance, display or disclosure of the Licensed Software by the U.S. Government shall be solely in accordance with the terms of this License Agreement.
13. 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 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 products, including the Controlled Technology are prohibited for export or re-export to Cuba, North Korea, Iran, Syria and Sudan and to any country subject to relevant trade sanctions. You hereby agree that You will not export or sell any Controlled Technology for use in connection with chemical, biological, or nuclear weapons, or missiles, drones or space launch vehicles capable of delivering such weapons.
14. TERMINATION.15. SURVIVAL. The following provisions of this License Agreement survive termination of this License Agreement: Definitions, License Restrictions and any other restrictions on use of intellectual property, Ownership/Title, Warranty Disclaimers, Limitation of Liability, U.S. Government Restricted Rights, Export Regulation, Survival, and General.
16. GENERAL.
16.1. ASSIGNMENT. 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.
16.2. COMPLIANCE WITH APPLICABLE LAW. You are solely responsible for Your compliance with, and You agree to comply with, all applicable laws, rules, and regulations in connection with Your use of the Licensed Software.
16.3. AUDIT. An auditor, selected by Symantec and reasonably acceptable to You, may, upon reasonable notice and during normal business hours, but not more often than once each year, inspect Your records and deployment in order to confirm that Your use of the Licensed Software complies with this License Agreement and the applicable License Instrument. Symantec shall bear the costs of any such audit, except where the audit demonstrates that the Manufacturer’s Suggested Reseller Price (MSRP) value of Your non-compliant usage exceeds five percent (5%) of the MSRP value of Your compliant deployments. In such case, in addition to purchasing appropriate licenses for any over-deployed Licensed Software, You shall reimburse Symantec for the auditor’s reasonable actual fees for such audit.
16.4. GOVERNING LAW; SEVERABILITY; WAIVER. 16.5. 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.
16.6. CUSTOMER SERVICE. Should You have any questions concerning this License Agreement, or if You desire to contact Symantec for any reason, please write to: (i) Symantec Enterprise Customer Care, 555 International Way, Springfield, Oregon 97477, U.S.A., (ii) Symantec Enterprise Customer Care Center, PO BOX 5689, Dublin 15, Ireland, or (iii) Symantec Enterprise Customer Care, 1 Julius Ave, North Ryde, NSW 2113, Australia.
16.7. ENTIRE AGREEMENT.This License Agreement may only be modified by a License Instrument that accompanies or follows this License Agreement.
17. ADDITIONAL TERMS AND CONDITIONS. Your use of the Licensed Software is subject to the terms and conditions below in addition to those stated above17.1 DEFINITIONS.
17.1.1 “Cold Disaster Recovery Equipment” means a server and/or processor or device on which the Licensed Software may be installed and configured under a Cold Disaster Recovery License, and which is not production use servicing transactions or requiring workloads during periods of Your normal internal business operations.
17.1.2 “Device” means as a single computer, storage drive or other device (i) on which You can install and use the Licensed Software, (ii) from which You access and use the Licensed Software installed on a network, or (iii) a physical connection point that links together two separate devices.
17.1.3 “Disaster” means an unforeseen occurrence causing the operation of the applicable systems on which the Licensed Software is used for Production Use, or the Licensed Software installed on such systems, to be substantially impaired or prevented, which occurrence may include but is not limited to fires, earthquakes, floods and computer viruses.
17.1.4 “Failover Readiness Testing” means testing of the procedures for transferring Your production operation from one server to another.
17.1.5 “Managed Device” means as a device that is managed, monitored and/or protected by the Licensed Software but that may not actually be running the Licensed Software itself.
17.1.6 “Production Use” means any functional operation of the Licensed Software in support of Your normal business operations (such as normal productive use and pre-production testing other than Failover Readiness Testing).
17.1.7 “Server” means an individual computer acting as a service or resource provider to client computers by sharing the resources within the network infrastructure. A Server can run server software for other computers or devices.
17.1.8 “Testing Day” means a period of twenty-four (24) consecutive hours, or any lesser portion of such twenty-four (24) hour period.
17.2 USE LEVELS.
17.2.1 You may copy and use the Licensed Software for the number of Devices, Managed Devices, and/or Servers as have been licensed to You by Symantec under a License Instrument. 17.2.2 You may use one licensed copy of the Symantec System Recovery Server on a per Server basis.
17.2.3 You may use one licensed copy of the Symantec System Recovery Desktop Edition on a per Device basis and is only valid for Microsoft Windows desktop operating systems. Please refer to the Symantec System Recovery compatibility list which can be found on the Symantec website.
17.2.4 You may use one licensed copy of the Symantec System Recovery Small Business Server Edition on a per Server basis and is only valid for Microsoft Windows Small Business server operating systems. Please refer to the Symantec System Recovery compatibility list which can be found on the Symantec website.
17.2.5 You may use one licensed copy of the Symantec System Recovery Management Solution on a per Server basis.
17.2.6 You may use one licensed copy of the Symantec System Recovery Linux Edition on a per Server basis.
17.2.7 You may use one licensed copy of the Symantec System Recovery Virtual Edition on a per Server basis. You may use a single Symantec System Recovery Virtual Edition license to protect a single physical server at any one time, and such physical host server may protect an unlimited number of guest virtual machines that reside on the licensed host system.
17.2.8 You may use the activation information (i.e. the license key) provided by Symantec for the Licensed Software to enable a prior version of the Licensed Software provided that such activation information is backward compatible (Symantec makes no warranty with respect to the activation information in connection with such use), subject to the licensing requirements and restrictions set forth herein. Notwithstanding the foregoing, all prior versions of the Licensed Software are subject to Symantec’s end-of-life policy and support limitations.
17.2.9 If You have licensed Symantec System Recovery Server as part of a Symantec Protection Suite Advanced Business Edition product, You may use one (1) licensed copy of the Symantec System Recovery Server per fifty (50) licensed copies of the Symantec Protection Suite Advanced Business Edition product that You purchased on a single order, unless otherwise specified in Your License Instrument. Current Symantec license rates/ratios for Symantec System Recovery Server are included in the Symantec Protection Suite Advanced Business Edition product documentation.
17.317.3.1 You are entitled to one SRD for each copy of the Licensed Software You have purchased.
17.3.2 You may use the SRD to backup a Device that is or is not running the Licensed Software (i.e., “cold imaging”) provided that You have purchased the Licensed Software and You only use the SRD for the limited purposes set forth in susbsection 17.3.3 below.
17.3.3 The SRD may be used as a boot, diagnostic, disaster recovery, setup, restoration, emergency service, installation, test, and configuration utility program. Use of the SRD as a general purpose operating system or as a substitute for a fully functional version of any operating system product is strictly prohibited.
17.3.4 The SRD contains Windows® software licensed from Microsoft Corporation. Microsoft Corporation has no liability to You for the SRD. Any support for the SRD will be provided by Symantec in accordance with Symantec’s then-current support guidelines.
17.3.5 THE SRD CONTAINS A TIME-OUT FEATURE THAT WILL AUTOMATICALLY RE-BOOT THE DEVICE AFTER SEVENTY-TWO HOURS OF CONTINUOUS USE. THIS TIME-OUT FEATURE WILL RESET EACH TIME THE SRD IS RE-LAUNCHED.
Windows® is a registered trademark of Microsoft Corporation.
17.4 Microsoft Windows Automated Installation Kit (the “WAIK Component”): The Licensed Software contains the WAIK Component, which is licensed from Microsoft Corporation and is subject to the following terms and conditions:
You may use the WAIK Component solely for the purpose of deploying Windows operating system software in conjunction with the Licensed Software. Certain portions of the WAIK Component are provided to You with additional license rights and restrictions, as follows: (i) The Windows Pre-Installation Environment may be used only for purposes of diagnosing and recovering Windows operating system software and may not be used for any other purpose, including without limitation as a general operating system, as a thin client or as a remote desktop client and (ii) the ImageX.exe, Wimapi.dll and Wimfilter and Package Manager portions of the WAIK Component may be used only for recovering Windows operating system software and may not be used for any other purpose, including without limitation for purposes of backing up Your Windows operating system.
Notwithstanding any other term of this Agreement, the WAIK Component is provided “AS IS” and without warranty of any kind. Microsoft Corporation has no liability to You for the WAIK Component. Any support for the WAIK Component will be provided by Symantec in accordance with Symantec’s then-current support guidelines.
17.5 Google Desktop™. The Licensed Software may include access to the Google Desktop™ search engine (“Application”) licensed to You by Google Inc. Your use of the Application is governed by an agreement between You and Google. Symantec has no liability to You for Your use of Application and does not warranty or provide technical support for Your use of the Application.
Google™ and Google Desktop™ are trademarks of Google Inc.
17.6 The Licensed Software may contain third party device drivers. Such device drivers are provided solely for Your convenience. It is Your responsibility to confirm whether such device drivers are applicable to Your environment. The device drivers are provided by Symantec "AS IS" WITHOUT ANY TECHNICAL SUPPORT OR WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO FITNESS FOR A PARTICULAR PURPOSE. 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 THE THIRD PARTY DEVICE DRIVER.
17.7 Cold Disaster Recovery. Provided that You have a currently effective maintenance/support contract for the Licensed Software, You may install the Licensed Software on Your Cold Disaster Recovery Equipment and (i) You may use such Licensed Software for failover readiness testing purposes for up to a cumulative total of thirty (30) testing days in any twelve (12) month period, which use may be concurrent with Your authorized Production Use of the Licensed Software under Section 2 in the event of a Disaster, You may use such Licensed Software for Production Use at the Use Levels described in this License Agreement and the applicable License Instrument, for a period of up to ninety (90) consecutive calendar days, provided however, that such use may not be concurrent with Your regular Production Use of the Licensed Software under Section 2 and does not increase Your total number of licenses to the Licensed Software beyond those which You have purchased and which have been authorized by Symantec as indicated on the applicable License Instrument. The Licensed Software installed on Your Cold Disaster Recovery Equipment and used pursuant to the rights set forth in this subparagraph must be the same version of the Licensed Software You use for Your regular Production Use. In addition, the rights set forth in this subparagraph will automatically terminate in the event that You do not have a valid maintenance/support contract in effect for the Licensed Software.
17.8 PRIVACY; DATA PROTECTION. The Licensed Software may collect from the . None of this information is transferred to Symantec unless You voluntarily choose to provide it for a support or troubleshooting purposes.
The Licensed Software may also contain a voluntary feedback feature that may, directly or through a link to another Symantec solution. allow You to provide feedback regarding the Licensed Software. Providing any information requested by this feedback feature is entirely voluntary and any information provided in connection therewith shall be subject to Symantec’s standard privacy policy, which may be found at www.symantec.com.
Symantec may disclose the collected information if asked to do so by a law enforcement official as required or permitted by law or in response to a subpoena or other legal process. 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 Licensed Software, You acknowledge and agree that Symantec may collect, transmit, store, disclose and analyze such information for these purposes.
GLB ENT EULA TEMPLATE v.1.0_Symantec System Recovery_27Jan2011
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 OPENING THE LICENSED SOFTWARE PACKAGE, BREAKING THE LICENSED SOFTWARE SEAL, CLICKING THE “I AGREE” OR “YES” BUTTON, OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR LOADING THE LICENSED SOFTWARE 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 FURTHER USE OF THE LICENSED SOFTWARE. UNLESS OTHERWISE DEFINED HEREIN, CAPITALIZED TERMS WILL HAVE THE MEANING GIVEN IN THE “DEFINITIONS” SECTION OF THIS LICENSE AGREEMENT AND SUCH CAPITALIZED TERMS MAY BE USED IN THE SINGULAR OR IN THE PLURAL, AS THE CONTEXT REQUIRES.
1. DEFINITIONS.
“Content Updates” means content used by certain Symantec products which is updated from time to time, including but not limited to: updated anti-spyware definitions for anti-spyware products; updated antispam rules for antispam products; updated virus definitions for antivirus and crimeware products; updated URL lists for content filtering and antiphishing products; updated firewall rules for firewall products; updated intrusion detection data for intrusion detection products; updated lists of authenticated web pages for website authentication products; updated policy compliance rules for policy compliance products; and updated vulnerability signatures for vulnerability assessment products.
“Documentation” means the user documentation Symantec provides with the Licensed Software.
“License Instrument” means one or more of the following applicable documents which further defines Your license rights to the Licensed Software: a Symantec license certificate or a similar license document issued by Symantec, or a written agreement between You and Symantec, that accompanies, precedes or follows this License Agreement.
“Licensed Software” means the Symantec software product, in object code form, accompanying this License Agreement, including any Documentation included in, or provided for use with, such software or that accompanies this License Agreement.
“Support Certificate” means the certificate sent by Symantec confirming Your purchase of the applicable Symantec maintenance/support for the Licensed Software.
“Upgrade” means any version of the Licensed Software that has been released to the public and which replaces the prior version of the Licensed Software on Symantec’s price list pursuant to Symantec’s then-current upgrade policies.
“Use Level” means the license use meter or model (which may include operating system, hardware system, application or machine tier limitations, if applicable) by which Symantec measures, prices and licenses the right to use the Licensed Software, in effect at the time an order is placed for such Licensed Software, as indicated in this License Agreement and the applicable License Instrument.
2. LICENSE GRANT. Subject to Your compliance with the terms and conditions of this License Agreement, Symantec grants to You the following rights: (i) a non-exclusive, non-transferable (except as stated otherwise in Section 16.1) license to use the Licensed Software solely in support of Your internal business operations in the quantities and at the Use Levels described in this License Agreement and the applicable License Instrument; (ii) the right to use the Licensed Software with third party virtual machine technology to run multiple operating system environments on a single physical hardware system, unless stated otherwise in Section 17 or the applicable License Instrument; and (iii) the right to make a single uninstalled copy of the Licensed Software for archival purposes which You may use and install for disaster-recovery purposes (i.e. where the primary installation of the Licensed Software becomes unavailable for use). The term of the Licensed Software license granted under this License Agreement shall be perpetual (subject to Section 14) unless stated otherwise in Section 17 or unless You have obtained the Licensed Software on a non-perpetual basis such as under a subscription or term-based license for the period of time indicated on the applicable License Instrument. If You have obtained the Licensed Software on a non-perpetual basis, Your rights to use such Licensed Software shall end on the applicable end date as indicated on the applicable License Instrument and You shall cease use of the Licensed Software as of such applicable end date.
3. 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; (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; (v) use of the Licensed Software by any party other than You; (vi) use of a later version of the Licensed Software other than the version that accompanies this License Agreement unless You have separately acquired the right to use such later version through a License Instrument or Support Certificate; nor (vii) use of the Licensed Software above the quantity and Use Level that have been licensed to You under this License Agreement or the applicable License Instrument.
4. OWNERSHIP/TITLE. The Licensed Software is the proprietary property of Symantec or its licensors and is protected by copyright law. 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.
5. CONTENT UPDATES. If You purchase a Symantec maintenance/support offering consisting of or including Content Updates, as indicated on Your Support Certificate, You are granted the right to use, as part of the Licensed Software, such Content Updates as and when they are made generally available to Symantec’s end user customers who have purchased such maintenance/support offering and for such period of time as indicated on the face of the applicable Support Certificate. This License Agreement does not otherwise permit You to obtain and use Content Updates.
6. UPGRADES/CROSS-GRADES. Symantec reserves the right to require that any upgrades (if any) of the Licensed Software may only be obtained in a quantity equal to the number indicated on the applicable License Instrument. An upgrade to an existing license shall not be deemed to increase the number of licenses which You are authorized to use. Additionally, if You upgrade a Licensed Software license, or purchase a Licensed Software license listed on the applicable License Instrument to cross-grade an existing license (i.e. to increase its functionality, and/or transfer it to a new operating system, hardware tier or licensing meter), then Symantec issues the applicable Licensed Instrument based on the understanding that You agree to cease using the original license. Any such license upgrade or cross-grade is provided under Symantec’s policies in effect at the time of order. This License Agreement does not separately license You for additional licenses beyond those which You have purchased, and which have been authorized by Symantec as indicated on the applicable License Instrument.
7. LIMITED WARRANTY.
7.1. MEDIA WARRANTY. If Symantec provides the Licensed Software to You on tangible media, Symantec warrants that the magnetic media upon which the Licensed Software is recorded will not be defective under normal use, for a period of ninety (90) days from delivery. Symantec will replace any defective media returned to Symantec within the warranty period at no charge to You. The above warranty is inapplicable in the event the Licensed Software media becomes defective due to unauthorized use of the Licensed Software. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
7.2. PERFORMANCE WARRANTY. Symantec warrants that the Licensed Software, as delivered by Symantec and when used in accordance with the Documentation, will substantially conform to the Documentation for a period of ninety (90) days from delivery. If the Licensed Software does not comply with this warranty and such non-compliance is reported by You to Symantec within the ninety (90) day warranty period, Symantec will do one of the following, selected at Symantec’s reasonable discretion: either (i) repair the Licensed Software, (ii) replace the Licensed Software with software of substantially the same functionality, or (iii) terminate this License Agreement and refund the relevant license fees paid for such non-compliant Licensed Software. The above warranty specifically excludes defects resulting from accident, abuse, unauthorized repair, modifications or enhancements, or misapplication. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
8. WARRANTY DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE warranties set forth in sections 7.1 and 7.2 are YOUR exclusive warranties AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS . SYMANTEC MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OR USE OF THE LICENSED SOFTWARE, CONTENT UPDATES, AND UPGRADES WILL BE UNINTERRUPTED OR ERROR-FREE . YOU MAY HAVE OTHER WARRANTY RIGHTS, WHICH MAY VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
9. 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 OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.
10. MAINTENANCE/SUPPORT. Symantec has no obligation under this License Agreement to provide maintenance/support for the Licensed Software. Any maintenance/support purchased for the Licensed Software is subject to Symantec’s then-current maintenance/support policies.
11. SOFTWARE EVALUATION. If the Licensed Software is provided to You for evaluation purposes and You have an evaluation agreement with Symantec for the Licensed Software, Your rights to evaluate the Licensed Software will be pursuant to the terms of such evaluation agreement. If You do not have an evaluation agreement with Symantec for the Licensed Software and if You are provided the Licensed Software for evaluation purposes, the following terms and conditions shall apply. Symantec grants to You a nonexclusive, temporary, royalty-free, non-assignable license to use the Licensed Software solely for internal non-production evaluation. Such evaluation license shall terminate (i) on the end date of the pre-determined evaluation period, if an evaluation period is pre-determined in the Licensed Software or (ii) sixty (60) days from the date of Your initial installation of the Licensed Software, if no such evaluation period is pre-determined in the Licensed Software (“Evaluation Period”) . The Licensed Software may not be transferred and is provided “AS IS” without warranty of any kind. You are solely responsible to take appropriate measures to back up Your system and take other measures to prevent any loss of files or data. The Licensed Software may contain an automatic disabling mechanism that prevents its use after a certain period of time. Upon expiration of the Licensed Software Evaluation Period, You will cease use of the Licensed Software and destroy all copies of the Licensed Software. All other terms and conditions of this License Agreement shall otherwise apply to Your evaluation of the Licensed Software as permitted herein.
12. U.S. GOVERNMENT RESTRICTED RIGHTS. The Licensed 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 Licensed Software - Restricted Rights" and DFARS 227.7202, “Rights in Commercial Computer Licensed Software or Commercial Computer Licensed Software Documentation”, as applicable, and any successor regulations. Any use, modification, reproduction release, performance, display or disclosure of the Licensed Software by the U.S. Government shall be solely in accordance with the terms of this License Agreement.
13. 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 , 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. All Symantec products, including the Controlled Technology are prohibited for export or re-export to Cuba, North Korea, Iran, Syria and Sudan and to any country subject to relevant trade sanctions. You hereby agree that You will not export or sell any Controlled Technology for use in connection with chemical, biological, or nuclear weapons, or missiles, drones or space launch vehicles capable of delivering such weapons.
14. TERMINATION. This License Agreement shall terminate upon Your breach of any term contained herein. Upon termination, You shall immediately stop using and destroy all copies of the Licensed Software.
15. SURVIVAL. The following provisions of this License Agreement survive termination of this License Agreement: Definitions, License Restrictions and any other restrictions on use of intellectual property, Ownership/Title, Warranty Disclaimers, Limitation of Liability, U.S. Government Restricted Rights, Export Regulation, Survival, and General.
16. GENERAL.
16.1. ASSIGNMENT. 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.
16.2. COMPLIANCE WITH APPLICABLE LAW. You are solely responsible for Your compliance with, and You agree to comply with, all applicable laws, rules, and regulations in connection with Your use of the Licensed Software.
16.3. AUDIT. An auditor, selected by Symantec and reasonably acceptable to You, may, upon reasonable notice and during normal business hours, but not more often than once each year, inspect Your records and deployment in order to confirm that Your use of the Licensed Software complies with this License Agreement and the applicable License Instrument. Symantec shall bear the costs of any such audit, except where the audit demonstrates that the Manufacturer’s Suggested Reseller Price (MSRP) value of Your non-compliant usage exceeds five percent (5%) of the MSRP value of Your compliant deployments. In such case, in addition to purchasing appropriate licenses for any over-deployed Licensed Software, You shall reimburse Symantec for the auditor’s reasonable actual fees for such audit.
16.4. GOVERNING LAW; SEVERABILITY; WAIVER. 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 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.
16.5. 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.
16.6. CUSTOMER SERVICE. Should You have any questions concerning this License Agreement, or if You desire to contact Symantec for any reason, please write to: (i) Symantec Enterprise Customer Care, 555 International Way, Springfield, Oregon 97477, U.S.A., (ii) Symantec Enterprise Customer Care Center, PO BOX 5689, Dublin 15, Ireland, or (iii) Symantec Enterprise Customer Care, 1 Julius Ave, North Ryde, NSW 2113, Australia.
16.7. ENTIRE AGREEMENT. This License Agreement and any related License Instrument are the complete and exclusive agreement between You and Symantec relating to the Licensed Software and supersede any previous or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter. T his License Agreement prevails over any conflicting or additional terms of any purchase order, ordering document, acknowledgement or confirmation or other document issued by You, even if signed and returned. This License Agreement may only be modified by a License Instrument that accompanies or follows this License Agreement.
17.0
ADDITIONAL TERMS AND CONDITIONS. Your use of the Licensed Software is subject
to the terms and conditions below in addition to those stated above.
17.1 Additional Restrictions. You may only use the Licensed Software in connection with another Symantec product for which you have a valid license. You may only receive maintenance/support for the Licensed Software if the other Symantec product with which you are using the Licensed Software is under a current support contract.
17.2 Privacy, Data Protection. The
Licensed Software may collect the IP address for your system on which the
Licensed Software is installed and submit such IP address to Symantec through
the Licensed Software, for the purpose of enabling Symantec to fulfill a
technical support request from You or Your network administrator or to improve
the installation process for the Licensed Software. The information will be
used only for the purpose(s) set forth above. The 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), but Symantec has taken steps so that
the information, if transferred, receives an adequate level of protection. Any
such information obtained by the Licensed Software will be maintained in a
secure manner, and will not be correlated with any other personally
identifiable information. Symantec may disclose the information if asked
to do so by a law enforcement official as required or permitted by law or in
response to a subpoena or other legal process.
17.3
Software
Development Kit.
A. Development License. If the Licensed Software You acquire includes
a software development kit for use with the Licensed Software (the SDK), You
are entitled under this License Agreement to install such SDK on an unlimited
number of Servers or Processors solely for the purposes of automating and
customizing the functionality of the Licensed Software to enhance the usability
of the Licensed Software. You may not
distribute any portion of the SDK.
Such
license for the SDK shall be in addition to any licenses for the other portions
of the Licensed Software acquired under this License Agreement.
B. Disclaimers: Notwithstanding any other
provision of this License Agreement, the following terms shall be applicable to
the SDK:
1. Warranty Disclaimer. THE SDK 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. THE SDK IS PROVIDED GRATUITOUSLY AND,
ACCORDINGLY, LICENSOR SHALL NOT BE LIABLE UNDER ANY THEORY FOR ANY DAMAGES
SUFFERED BY YOU OR ANY USER OF THE SDK.
LICENSOR WILL NOT PROVIDE DEVELOPER, ENGINEERING OR ANY TECHNICAL
SUPPORT FOR THE SDK AND WILL NOT ISSUE UPDATES, UPGRADES, OR ENHANCEMENTS TO
THE SDK.
2. 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 LICENSOR 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 SDK EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
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 OPENING THE LICENSED SOFTWARE PACKAGE, BREAKING THE LICENSED SOFTWARE SEAL, CLICKING THE I AGREE OR YES BUTTON, OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR LOADING THE LICENSED SOFTWARE 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 FURTHER USE OF THE LICENSED SOFTWARE. UNLESS OTHERWISE DEFINED HEREIN, CAPITALIZED TERMS WILL HAVE THE MEANING GIVEN IN THE DEFINITIONS SECTION OF THIS LICENSE AGREEMENT AND SUCH CAPITALIZED TERMS MAY BE USED IN THE SINGULAR OR IN THE PLURAL, AS THE CONTEXT REQUIRES.
1.DEFINITIONS.
Content Updates means content used by certain Symantec products which is updated from time to time, including but not limited to: updated anti-spyware definitions for anti-spyware products; updated antispam rules for antispam products; updated virus definitions for antivirus and crimeware products; updated URL lists for content filtering and antiphishing products; updated firewall rules for firewall products; updated intrusion detection data for intrusion detection products; updated lists of authenticated web pages for website authentication products; updated policy compliance rules for policy compliance products; and updated vulnerability signatures for vulnerability assessment products.
Documentation means the user documentation Symantec provides with the Licensed Software.
License Instrument means one or more of the following applicable documents which further defines Your license rights to the Licensed Software: a Symantec license certificate or a similar license document issued by Symantec, or a written agreement between You and Symantec, that accompanies, precedes or follows this License Agreement.
Licensed Software means the Symantec software product, in object code form, accompanying this License Agreement, including any Documentation included in, or provided for use with, such software or that accompanies this License Agreement.
Support Certificate means the certificate sent by Symantec confirming Your purchase of the applicable Symantec maintenance/support for the Licensed Software.
Upgrade means any version of the Licensed Software that has been released to the public and which replaces the prior version of the Licensed Software on Symantecs price list pursuant to Symantecs then-current upgrade policies.
Use Level means the license use meter or model (which may include operating system, hardware system, application or machine tier limitations, if applicable) by which Symantec measures, prices and licenses the right to use the Licensed Software, in effect at the time an order is placed for such Licensed Software, as indicated in this License Agreement and the applicable License Instrument.
2. LICENSE GRANT. Subject to Your compliance with the terms and conditions of this License Agreement, Symantec grants to You the following rights: (i) a non-exclusive, non-transferable (except as stated otherwise in Section 16.1) license to use the Licensed Software solely in support of Your internal business operations in the quantities and at the Use Levels described in this License Agreement and the applicable License Instrument; and (ii) the right to make a single uninstalled copy of the Licensed Software for archival purposes which You may use and install for disaster-recovery purposes (i.e. where the primary installation of the Licensed Software becomes unavailable for use).
2.1 TERM. The term of the Licensed Software license granted under this License Agreement shall be perpetual (subject to Section 14) unless stated otherwise in Section 17 or unless You have obtained the Licensed Software on a non-perpetual basis, such as, under a subscription or term-based license for the period of time indicated on the applicable License Instrument. If You have obtained the Licensed Software on a non-perpetual basis, Your rights to use such Licensed Software shall end on the applicable end date as indicated on the applicable License Instrument and You shall cease use of the Licensed Software as of such applicable end date.
3. LICENSE RESTRICTIONS. You may not, without Symantecs 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; (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; (v) use of the Licensed Software by any party other than You; (vi) use of a later version of the Licensed Software other than the version that accompanies this License Agreement unless You have separately acquired the right to use such later version through a License Instrument or Support Certificate; nor (vii) use of the Licensed Software above the quantity and Use Level that have been licensed to You under this License Agreement or the applicable License Instrument.
4. OWNERSHIP/TITLE. The Licensed Software is the proprietary property of Symantec or its licensors and is protected by copyright law. 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.
5. CONTENT UPDATES. If You purchase a Symantec maintenance/support offering consisting of or including Content Updates, as indicated on Your Support Certificate, You are granted the right to use, as part of the Licensed Software, such Content Updates as and when they are made generally available to Symantecs end user customers who have purchased such maintenance/support offering and for such period of time as indicated on the face of the applicable Support Certificate. This License Agreement does not otherwise permit You to obtain and use Content Updates.
6. UPGRADES/CROSS-GRADES. Symantec reserves the right to require that any upgrades (if any) of the Licensed Software may only be obtained in a quantity equal to the number indicated on the applicable License Instrument. An upgrade to an existing license shall not be deemed to increase the number of licenses which You are authorized to use. Additionally, if You upgrade a Licensed Software license, or purchase a Licensed Software license listed on the applicable License Instrument to cross-grade an existing license (i.e. to increase its functionality, and/or transfer it to a new operating system, hardware tier or licensing meter), then Symantec issues the applicable Licensed Instrument based on the understanding that You agree to cease using the original license. Any such license upgrade or cross-grade is provided under Symantec's policies in effect at the time of order. This License Agreement does not separately license You for additional licenses beyond those which You have purchased, and which have been authorized by Symantec as indicated on the applicable License Instrument.
7. LIMITED WARRANTY.
7.1. MEDIA WARRANTY. If Symantec provides the Licensed Software to You on tangible media, Symantec warrants that the magnetic media upon which the Licensed Software is recorded will not be defective under normal use, for a period of ninety (90) days from delivery. Symantec will replace any defective media returned to Symantec within the warranty period at no charge to You. The above warranty is inapplicable in the event the Licensed Software media becomes defective due to unauthorized use of the Licensed Software. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR SYMANTECS BREACH OF THIS WARRANTY.
7.2. PERFORMANCE WARRANTY. Symantec warrants that the Licensed Software, as delivered by Symantec and when used in accordance with the Documentation, will substantially conform to the Documentation for a period of ninety (90) days from delivery. If the Licensed Software does not comply with this warranty and such non-compliance is reported by You to Symantec within the ninety (90) day warranty period, Symantec will do one of the following, selected at Symantecs reasonable discretion: either (i) repair the Licensed Software, (ii) replace the Licensed Software with software of substantially the same functionality, or (iii) terminate this License Agreement and refund the relevant license fees paid for such non-compliant Licensed Software. The above warranty specifically excludes defects resulting from accident, abuse, unauthorized repair, modifications or enhancements, or misapplication. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR SYMANTECS BREACH OF THIS WARRANTY.
8. WARRANTY DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE warranties set forth in sections 7.1 and 7.2 are YOUR exclusive warranties AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. SYMANTEC MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OR USE OF THE LICENSED SOFTWARE, CONTENT UPDATES, AND UPGRADES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU MAY HAVE OTHER WARRANTY RIGHTS, WHICH MAY VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
9. 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 OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTECS LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTECS LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.
10. MAINTENANCE/SUPPORT. Symantec has no obligation under this License Agreement to provide maintenance/support for the Licensed Software. Any maintenance/support purchased for the Licensed Software is subject to Symantecs then-current maintenance/support policies.
11. SOFTWARE EVALUATION. If the Licensed Software is provided to You for evaluation purposes and You have an evaluation agreement with Symantec for the Licensed Software, Your rights to evaluate the Licensed Software will be pursuant to the terms of such evaluation agreement. If You do not have an evaluation agreement with Symantec for the Licensed Software and if You are provided the Licensed Software for evaluation purposes, the following terms and conditions shall apply. Symantec grants to You a nonexclusive, temporary, royalty-free, non-assignable license to use the Licensed Software solely for internal non-production evaluation. Such evaluation license shall terminate (i) on the end date of the pre-determined evaluation period, if an evaluation period is pre-determined in the Licensed Software or (ii) sixty (60) days from the date of Your initial installation of the Licensed Software, if no such evaluation period is pre-determined in the Licensed Software (Evaluation Period). The Licensed Software may not be transferred and is provided AS IS without warranty of any kind. You are solely responsible to take appropriate measures to back up Your system and take other measures to prevent any loss of files or data. The Licensed Software may contain an automatic disabling mechanism that prevents its use after a certain period of time. Upon expiration of the Licensed Software Evaluation Period, You will cease use of the Licensed Software and destroy all copies of the Licensed Software. All other terms and conditions of this License Agreement shall otherwise apply to Your evaluation of the Licensed Software as permitted herein.
12. U.S. GOVERNMENT RESTRICTED RIGHTS. The Licensed 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 Licensed Software - Restricted Rights" and DFARS 227.7202, Rights in Commercial Computer Licensed Software or Commercial Computer Licensed Software Documentation, as applicable, and any successor regulations. Any use, modification, reproduction release, performance, display or disclosure of the Licensed Software by the U.S. Government shall be solely in accordance with the terms of this License Agreement.
13. 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. All Symantec products, including the Controlled Technology are prohibited for export or re-export to Cuba, North Korea, Iran, Syria and Sudan and to any country subject to relevant trade sanctions. You hereby agree that You will not export or sell any Controlled Technology for use in connection with chemical, biological, or nuclear weapons, or missiles, drones or space launch vehicles capable of delivering such weapons.
14. TERMINATION. This License Agreement shall terminate upon Your breach of any term contained herein. Upon termination, You shall immediately stop using and destroy all copies of the Licensed Software.
15. SURVIVAL. The following provisions of this License Agreement survive termination of this License Agreement: Definitions, License Restrictions and any other restrictions on use of intellectual property, Ownership/Title, Warranty Disclaimers, Limitation of Liability, U.S. Government Restricted Rights, Export Regulation, Survival, and General.
16. GENERAL.
16.1. ASSIGNMENT. 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 Symantecs prior express written consent.
16.2. COMPLIANCE WITH APPLICABLE LAW. You are solely responsible for Your compliance with, and You agree to comply with, all applicable laws, rules, and regulations in connection with Your use of the Licensed Software.
16.3. AUDIT. An auditor, selected by Symantec and reasonably acceptable to You, may, upon reasonable notice and during normal business hours, but not more often than once each year, inspect Your records and deployment in order to confirm that Your use of the Licensed Software complies with this License Agreement and the applicable License Instrument. Symantec shall bear the costs of any such audit, except where the audit demonstrates that the Manufacturers Suggested Reseller Price (MSRP) value of Your non-compliant usage exceeds five percent (5%) of the MSRP value of Your compliant deployments. In such case, in addition to purchasing appropriate licenses for any over-deployed Licensed Software, You shall reimburse Symantec for the auditors reasonable actual fees for such audit.
16.4. GOVERNING LAW; SEVERABILITY; WAIVER. 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.
16.5. 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.
16.6. CUSTOMER SERVICE. Should You have any questions concerning this License Agreement, or if You desire to contact Symantec for any reason, please write to: (i) Symantec Enterprise Customer Care, 555 International Way, Springfield, Oregon 97477, U.S.A., (ii) Symantec Enterprise Customer Care Center, PO BOX 5689, Dublin 15, Ireland, or (iii) Symantec Enterprise Customer Care, 1 Julius Ave, North Ryde, NSW 2113, Australia.
16.7. ENTIRE AGREEMENT. This License Agreement and any related License Instrument are the complete and exclusive agreement between You and Symantec relating to the Licensed Software and supersede any previous or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter. This License Agreement prevails over any conflicting or additional terms of any purchase order, ordering document, acknowledgement or confirmation or other document issued by You, even if signed and returned. This License Agreement may only be modified by a License Instrument that accompanies or follows this License Agreement.
17. ADDITIONAL TERMS AND CONDITIONS. Your use of the Licensed Software is subject to the terms and conditions below in addition to those stated above.
17.1 ADDITIONAL DEFINITIONS.
Node means a unique mobile device, either physical or virtual, that is registered to and monitored by the Licensed Software.
In addition, the following shall be added to the definitions set forth below:
Support Certificate also includes a Symantec support certificate or other written support document issued by Symantec confirming Your purchase of the applicable maintenance/support for the Licensed Software.
17.2 ADDITIONAL USE RIGHTS AND LIMITATIONS.
17.2A You may use the Licensed Software for up to an aggregate number of Nodes that does not exceed Your quantity of Node licenses, as indicated in the applicable License Instrument.
17.2B You must have a license for each instance (physical or virtual) of the Licensed Software, provided, however, that You may make and use a reasonable number of copies of the Licensed Software in a non-production testing, lab or staging environment. An instance of the Licensed Software is created by executing the Licensed Softwares setup or install procedure and/or duplicating an existing instance. References to "Licensed Software" in this License Agreement include instances of the Licensed Software.
17.3 CUSTOMER OBLIGATIONS.
You are solely responsible for ensuring that Your use of the Licensed Software is in accordance with applicable laws in the territory of operation including, if applicable, any laws pertaining to providing notice to any parties regarding Your use of the Licensed Software and the Licensed Softwares functionality.
17.4 PRIVACY; DATA COLLECTION.
17.4A Transmitted Information. The Licensed Software collects from Your environment and automatically transmits to Symantec data, which may include, without limitation, number of devices, license status, OS type, system performance and configuration, number of policies and action types (Transmitted Information). The Transmitted Information will not be correlated with any personal information.
17.4B Stored Information. The following data is collected by the Licensed Software and is stored in Your environment: device name, phone number, IMEI, username, email address, hardware characteristics, OS type, application and network information (Stored Information). The Stored Information will be transmitted to Symantec, only if You choose to do so manually.
17.4C Purposes of data collection. Transmitted Information will be used for the purpose of enabling and optimizing the performance of the Licensed Software, for internal research and development, including improving Symantecs products and services, for statistical analysis of product deployment, including analysis of trends and comparison in the aggregated install base.
17.4D Technical Support. If You submit any information to Symantec as part of a technical support request, whether prompted to by Symantec or not, it will be Your responsibility to ensure that You are authorized to share such information with Symantec in compliance with applicable privacy laws. Such information will be processed and used by Symantec for the purpose of providing the requested technical support, including to perform error analysis.
17.4E Sharing and Transfer. 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 collected through the Licensed Software or submitted by You, to track and publish reports on security risk trends.
The Transmitted Information and Stored Information may be transferred to Symantec Corporation, its affiliates and contractors 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 will be stored and processed manually and electronically through global systems and tools for the purposes above. The Transmitted Information and Stored Information may be accessible by Symantec employees or contractors on a need-to-know basis, exclusively to be used in accordance with the purposes described above. For the same purposes the Transmitted Information and Stored Information may be shared with partners and vendors that process information on behalf of Symantec. Symantec has taken steps so that the Transmitted Information and Stored Information, if transferred, receive an adequate level of protection.
17.4F Your Obligation to Personal Information. With regard to the personal information of Your users and third parties it is Your responsibility to ensure that disclosure of such personal information to Symantec is consistent and compliant with national laws governing the collection, use and protection of personal information applicable to Your country/region of operation. In particular it is Your responsibility to inform users and third parties that You are providing their information to Symantec, to inform them of how it will be used and to gather appropriate consents required for such transfer and use.
17.4G Disclosures to Law Enforcement. 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 the Licensed Software. This means that Symantec may provide documents and information relevant to a court subpoena or to a law enforcement or other government investigation.
17.4H Contacting us about Your Privacy. For any inquiry about Your information or about Symantecs privacy policies, please contact us at privacy@symantec.com.
17.4I Your Agreement. By using the Software, You acknowledge and agree that Symantec may collect, transmit, store, disclose and analyze such Information for the purposes set out above.
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 OPENING THE LICENSED SOFTWARE PACKAGE, BREAKING THE LICENSED SOFTWARE SEAL, CLICKING THE “I AGREE” OR “YES” BUTTON, OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR LOADING THE LICENSED SOFTWARE 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 FURTHER USE OF THE LICENSED SOFTWARE. UNLESS OTHERWISE DEFINED HEREIN, CAPITALIZED TERMS WILL HAVE THE MEANING GIVEN IN THE “DEFINITIONS” SECTION OF THIS LICENSE AGREEMENT AND SUCH CAPITALIZED TERMS MAY BE USED IN THE SINGULAR OR IN THE PLURAL, AS THE CONTEXT REQUIRES.
1. DEFINITIONS.
“Content Updates” means content used by certain Symantec products which is updated from time to time, including but not limited to: updated anti-spyware definitions for anti-spyware products; updated antispam rules for antispam products; updated virus definitions for antivirus and crimeware products; updated URL lists for content filtering and antiphishing products; updated firewall rules for firewall products; updated intrusion detection data for intrusion detection products; updated lists of authenticated web pages for website authentication products; updated policy compliance rules for policy compliance products; and updated vulnerability signatures for vulnerability assessment products.
“Documentation” means the user documentation Symantec provides with the Licensed Software.
“License Instrument” means one or more of the following applicable documents which further defines Your license rights to the Licensed Software: a Symantec license certificate or a similar license document issued by Symantec, or a written agreement between You and Symantec, that accompanies, precedes or follows this License Agreement.
“Licensed Software” means the Symantec software product, in object code form, accompanying this License Agreement, including any Documentation included in, or provided for use with, such software or that accompanies this License Agreement.
“Support Certificate” means the certificate sent by Symantec confirming Your purchase of the applicable Symantec maintenance/support for the Licensed Software.
“Upgrade” means any version of the Licensed Software that has been released to the public and which replaces the prior version of the Licensed Software on Symantec’s price list pursuant to Symantec’s then-current upgrade policies.
“Use Level” means the license use meter or model (which may include operating system, hardware system, application or machine tier limitations, if applicable) by which Symantec measures, prices and licenses the right to use the Licensed Software, in effect at the time an order is placed for such Licensed Software, as indicated in this License Agreement and the applicable License Instrument.
2. LICENSE GRANT. Subject to Your compliance with the terms and conditions of this License Agreement, Symantec grants to You the following rights: (i) a non-exclusive, non-transferable (except as stated otherwise in Section 16.1) license to use the Licensed Software solely in support of Your internal business operations in the quantities and at the Use Levels described in this License Agreement and the applicable License Instrument; and (ii) the right to make a single uninstalled copy of the Licensed Software for archival purposes which You may use and install for disaster-recovery purposes (i.e. where the primary installation of the Licensed Software becomes unavailable for use).
2.1 TERM. The term of the Licensed Software license granted under this License Agreement shall be perpetual (subject to Section 14) unless stated otherwise in Section 17 or u nless You have obtained the Licensed Software on a non-perpetual basis, such as, under a subscription or term-based license for the period of time indicated on the applicable License Instrument. If You have obtained the Licensed Software on a non-perpetual basis, Your rights to use such Licensed Software shall end on the applicable end date as indicated on the applicable License Instrument and You shall cease use of the Licensed Software as of such applicable end date.
3. 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; (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; (v) use of the Licensed Software by any party other than You; (vi) use of a later version of the Licensed Software other than the version that accompanies this License Agreement unless You have separately acquired the right to use such later version through a License Instrument or Support Certificate; nor (vii) use of the Licensed Software above the quantity and Use Level that have been licensed to You under this License Agreement or the applicable License Instrument.
4. OWNERSHIP/TITLE. The Licensed Software is the proprietary property of Symantec or its licensors and is protected by copyright law. 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.
5. CONTENT UPDATES. If You purchase a Symantec maintenance/support offering consisting of or including Content Updates, as indicated on Your Support Certificate, You are granted the right to use, as part of the Licensed Software, such Content Updates as and when they are made generally available to Symantec’s end user customers who have purchased such maintenance/support offering and for such period of time as indicated on the face of the applicable Support Certificate. This License Agreement does not otherwise permit You to obtain and use Content Updates.
6. UPGRADES/CROSS-GRADES. Symantec reserves the right to require that any upgrades (if any) of the Licensed Software may only be obtained in a quantity equal to the number indicated on the applicable License Instrument. An upgrade to an existing license shall not be deemed to increase the number of licenses which You are authorized to use. Additionally, if You upgrade a Licensed Software license, or purchase a Licensed Software license listed on the applicable License Instrument to cross-grade an existing license (i.e. to increase its functionality, and/or transfer it to a new operating system, hardware tier or licensing meter), then Symantec issues the applicable Licensed Instrument based on the understanding that You agree to cease using the original license. Any such license upgrade or cross-grade is provided under Symantec's policies in effect at the time of order. This License Agreement does not separately license You for additional licenses beyond those which You have purchased, and which have been authorized by Symantec as indicated on the applicable License Instrument.
7. LIMITED WARRANTY.
7.1. MEDIA WARRANTY. If Symantec provides the Licensed Software to You on tangible media, Symantec warrants that the magnetic media upon which the Licensed Software is recorded will not be defective under normal use, for a period of ninety (90) days from delivery. Symantec will replace any defective media returned to Symantec within the warranty period at no charge to You. The above warranty is inapplicable in the event the Licensed Software media becomes defective due to unauthorized use of the Licensed Software. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
7.2. PERFORMANCE WARRANTY. Symantec warrants that the Licensed Software, as delivered by Symantec and when used in accordance with the Documentation, will substantially conform to the Documentation for a period of ninety (90) days from delivery. If the Licensed Software does not comply with this warranty and such non-compliance is reported by You to Symantec within the ninety (90) day warranty period, Symantec will do one of the following, selected at Symantec’s reasonable discretion: either (i) repair the Licensed Software, (ii) replace the Licensed Software with software of substantially the same functionality, or (iii) terminate this License Agreement and refund the relevant license fees paid for such non-compliant Licensed Software. The above warranty specifically excludes defects resulting from accident, abuse, unauthorized repair, modifications or enhancements, or misapplication. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
8. WARRANTY DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE warranties set forth in sections 7.1 and 7.2 are YOUR exclusive warranties AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS . SYMANTEC MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OR USE OF THE LICENSED SOFTWARE, CONTENT UPDATES, AND UPGRADES WILL BE UNINTERRUPTED OR ERROR-FREE . YOU MAY HAVE OTHER WARRANTY RIGHTS, WHICH MAY VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
9. 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 OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.
10. MAINTENANCE/SUPPORT. Symantec has no obligation under this License Agreement to provide maintenance/support for the Licensed Software. Any maintenance/support purchased for the Licensed Software is subject to Symantec’s then-current maintenance/support policies.
11. SOFTWARE EVALUATION. If the Licensed Software is provided to You for evaluation purposes and You have an evaluation agreement with Symantec for the Licensed Software, Your rights to evaluate the Licensed Software will be pursuant to the terms of such evaluation agreement. If You do not have an evaluation agreement with Symantec for the Licensed Software and if You are provided the Licensed Software for evaluation purposes, the following terms and conditions shall apply. Symantec grants to You a nonexclusive, temporary, royalty-free, non-assignable license to use the Licensed Software solely for internal non-production evaluation. Such evaluation license shall terminate (i) on the end date of the pre-determined evaluation period, if an evaluation period is pre-determined in the Licensed Software or (ii) sixty (60) days from the date of Your initial installation of the Licensed Software, if no such evaluation period is pre-determined in the Licensed Software (“Evaluation Period”) . The Licensed Software may not be transferred and is provided “AS IS” without warranty of any kind. You are solely responsible to take appropriate measures to back up Your system and take other measures to prevent any loss of files or data. The Licensed Software may contain an automatic disabling mechanism that prevents its use after a certain period of time. Upon expiration of the Licensed Software Evaluation Period, You will cease use of the Licensed Software and destroy all copies of the Licensed Software. All other terms and conditions of this License Agreement shall otherwise apply to Your evaluation of the Licensed Software as permitted herein.
12. U.S GOVERNMENT RESTRICTED RIGHTS. The Licensed 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 Licensed Software - Restricted Rights" and DFARS 227.7202, “Rights in Commercial Computer Licensed Software or Commercial Computer Licensed Software Documentation”, as applicable, and any successor regulations. Any use, modification, reproduction release, performance, display or disclosure of the Licensed Software by the U.S. Government shall be solely in accordance with the terms of this License Agreement.
13. 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. All Symantec products, including the Controlled Technology are prohibited for export or re-export to Cuba, North Korea, Iran, Syria, and Sudan and and to any country subject to relevant trade sanctions. You hereby agree that You will not export or sell any Controlled Technology for use in connection with chemical, biological, or nuclear weapons, or missiles, drones or space launch vehicles capable of delivering such weapons.
14. TERMINATION. This License Agreement shall terminate upon Your breach of any term contained herein. Upon termination, You shall immediately stop using and destroy all copies of the Licensed Software.
15. SURVIVAL. The following provisions of this License Agreement survive termination of this License Agreement: Definitions, License Restrictions and any other restrictions on use of intellectual property, Ownership/Title, Warranty Disclaimers, Limitation of Liability, U.S. Government Restricted Rights, Export Regulation, Survival, and General.
16. GENERAL.
16.1. ASSIGNMENT. 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.
16.2. COMPLIANCE WITH APPLICABLE LAW. You are solely responsible for Your compliance with, and You agree to comply with, all applicable laws, rules, and regulations in connection with Your use of the Licensed Software.
16.3. AUDIT. An auditor, selected by Symantec and reasonably acceptable to You, may, upon reasonable notice and during normal business hours, but not more often than once each year, inspect Your records and deployment in order to confirm that Your use of the Licensed Software complies with this License Agreement and the applicable License Instrument. Symantec shall bear the costs of any such audit, except where the audit demonstrates that the Manufacturer’s Suggested Reseller Price (MSRP) value of Your non-compliant usage exceeds five percent (5%) of the MSRP value of Your compliant deployments. In such case, in addition to purchasing appropriate licenses for any over-deployed Licensed Software, You shall reimburse Symantec for the auditor’s reasonable actual fees for such audit.
16.4. GOVERNING LAW; SEVERABILITY; WAIVER. If You are located in North America or Latin America, this License Agreement will be governed by the laws of the State of California, Unites States of America. If you are located in China, this License Agreement will be governed by the laws of the of 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.
16.5. 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.
16.6. CUSTOMER SERVICE. Should You have any questions concerning this License Agreement, or if You desire to contact Symantec for any reason, please write to: (i) Symantec Enterprise Customer Care, 555 International Way,Springfield, Oregon, 97477, (ii) Symantec Enterprise Customer Care Center, PO BOX 5689, 15, Dublin, Ireland or (iii) Symantec Enterprise Customer Care, 1 Julious Ave, North Ryde, NSW 2113, Australia.
16.7. ENTIRE AGREEMENT. This License Agreement and any related License Instrument are the complete and exclusive agreement between You and Symantec relating to the Licensed Software and supersede any previous or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter. T his License Agreement prevails over any conflicting or additional terms of any purchase order, ordering document, acknowledgement or confirmation or other document issued by You, even if signed and returned. This License Agreement may only be modified by a License Instrument that accompanies or follows this License Agreement.
17. ADDITIONAL TERMS AND CONDITIONS. Your use of the Licensed Software is subject to the terms and conditions below in addition to those stated above .
If the Licensed Software provided is the Altiris Installation Manager v 7.0, the following terms shall be applicable notwithstanding anything to the contrary in this Agreement:
17.1 Additional Definitions. A. “Device” is defined as a single computer, storage drive or other device (i) on which licensee can install and use the software, (ii) from which licensee accesses and used the software installed on a network, or (iii) physical connection point that links together two separate devices. B. “License Instrument” includes a written communication issued by Symantec confirming Your license of the Licensed Software and that accompanies, precedes or follows this License Agreement. C. “Organization” includes any company, affiliate, or subsidiary wholly owned and directly controlled by You. D. “Processor” also referred to as “CPU”, is defined as the logic circuitry that responds to and processes the instruction that run a computer and/or that accesses or runs the software. Each processor may be comprised of multiple processing cores which may each independently act as individual processors. When indicated by Symantec that the Processor is licensed on a per-core basis, the number of processor shall be counted as the total number of cores such that a processor with “x” cores is counted as “x” processors. E. “Server” is defined as a standalone system or an individual computer acting as a service or resource provider to client computers by sharing the resources within the network infrastructure. A Server can run server software for other computers or devices. F. “Support Certificate” includes a written communication issued by Symantec confirming Your maintenance/support for the Licensed Software and that accompanies, precedes or follows this License Agreement. G. “User” is defined as an individual person and/or device who is authorized by the licensee to use and/or benefits from the use of the software, or is the person and/or device who actually uses any portion of the product or service.
17.2 USE LEVELS. You may use the Licensed Software on a per Enterprise basis, as licensed to You by Symantec herein and as indicated in the applicable License Instrument. Your License Instrument shall constitute proof of Your right to use the Licensed Software on an Enterprise basis. For purposes of this License Agreement, “Enterprise” is defined as the concurrent use of the Licensed Software on any and all Devices, Servers, and Processor owned, operated or managed by You and any Users within Your Organization, on a worldwide basis, subject to the import and export laws of the United States.
GLB ENT EULA TEMPLATE v.1.0_Altiris Workflow Solution 7.0_16Jun2009
]]>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 OPENING THE LICENSED SOFTWARE PACKAGE, BREAKING THE LICENSED SOFTWARE SEAL, CLICKING THE “I AGREE” OR “YES” BUTTON, OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR LOADING THE LICENSED SOFTWARE 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 FURTHER USE OF THE LICENSED SOFTWARE. UNLESS OTHERWISE DEFINED HEREIN, CAPITALIZED TERMS WILL HAVE THE MEANING GIVEN IN THE “DEFINITIONS” SECTION OF THIS LICENSE AGREEMENT AND SUCH CAPITALIZED TERMS MAY BE USED IN THE SINGULAR OR IN THE PLURAL, AS THE CONTEXT REQUIRES.
1. DEFINITIONS.
“Content Updates” means content used by certain Symantec products which is updated from time to time, including but not limited to: updated anti-spyware definitions for anti-spyware products; updated antispam rules for antispam products; updated virus definitions for antivirus and crimeware products; updated URL lists for content filtering and antiphishing products; updated firewall rules for firewall products; updated intrusion detection data for intrusion detection products; updated lists of authenticated web pages for website authentication products; updated policy compliance rules for policy compliance products; and updated vulnerability signatures for vulnerability assessment products.
“Documentation” means the user documentation Symantec provides with the Licensed Software.
“License Instrument” means one or more of the following applicable documents which further defines Your license rights to the Licensed Software: a Symantec license certificate or a similar license document issued by Symantec, or a written agreement between You and Symantec, that accompanies, precedes or follows this License Agreement.
“Licensed Software” means the Symantec software product, in object code form, accompanying this License Agreement, including any Documentation included in, or provided for use with, such software or that accompanies this License Agreement.
“Support Certificate” means the certificate sent by Symantec confirming Your purchase of the applicable Symantec maintenance/support for the Licensed Software.
“Upgrade” means any version of the Licensed Software that has been released to the public and which replaces the prior version of the Licensed Software on Symantec’s price list pursuant to Symantec’s then-current upgrade policies.
“Use Level” means the license use meter or model (which may include operating system, hardware system, application or machine tier limitations, if applicable) by which Symantec measures, prices and licenses the right to use the Licensed Software, in effect at the time an order is placed for such Licensed Software, as indicated in this License Agreement and the applicable License Instrument.
2. LICENSE GRANT. Subject to Your compliance with the terms and conditions of this License Agreement, Symantec grants to You the following rights: (i) a non-exclusive, non-transferable (except as stated otherwise in Section 16.1) license to use the Licensed Software solely in support of Your internal business operations in the quantities and at the Use Levels described in this License Agreement and the applicable License Instrument; (ii) the right to use the Licensed Software with third party virtual machine technology to run multiple operating system environments on a single physical hardware system, unless stated otherwise in Section 17 or the applicable License Instrument; and (iii) the right to make a single uninstalled copy of the Licensed Software for archival purposes which You may use and install for disaster-recovery purposes (i.e. where the primary installation of the Licensed Software becomes unavailable for use). The term of the Licensed Software license granted under this License Agreement shall be perpetual (subject to Section 14) unless stated otherwise in Section 17 or unless You have obtained the Licensed Software on a non-perpetual basis such as under a subscription or term-based license for the period of time indicated on the applicable License Instrument. If You have obtained the Licensed Software on a non-perpetual basis, Your rights to use such Licensed Software shall end on the applicable end date as indicated on the applicable License Instrument and You shall cease use of the Licensed Software as of such applicable end date.
3. 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; (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; (v) use of the Licensed Software by any party other than You; (vi) use of a later version of the Licensed Software other than the version that accompanies this License Agreement unless You have separately acquired the right to use such later version through a License Instrument or Support Certificate; nor (vii) use of the Licensed Software above the quantity and Use Level that have been licensed to You under this License Agreement or the applicable License Instrument.
4. OWNERSHIP/TITLE. The Licensed Software is the proprietary property of Symantec or its licensors and is protected by copyright law. 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.
5. CONTENT UPDATES. If You purchase a Symantec maintenance/support offering consisting of or including Content Updates, as indicated on Your Support Certificate, You are granted the right to use, as part of the Licensed Software, such Content Updates as and when they are made generally available to Symantec’s end user customers who have purchased such maintenance/support offering and for such period of time as indicated on the face of the applicable Support Certificate. This License Agreement does not otherwise permit You to obtain and use Content Updates.
6. UPGRADES/CROSS-GRADES. Symantec reserves the right to require that any upgrades (if any) of the Licensed Software may only be obtained in a quantity equal to the number indicated on the applicable License Instrument. An upgrade to an existing license shall not be deemed to increase the number of licenses which You are authorized to use. Additionally, if You upgrade a Licensed Software license, or purchase a Licensed Software license listed on the applicable License Instrument to cross-grade an existing license (i.e. to increase its functionality, and/or transfer it to a new operating system, hardware tier or licensing meter), then Symantec issues the applicable Licensed Instrument based on the understanding that You agree to cease using the original license. Any such license upgrade or cross-grade is provided under Symantec’s policies in effect at the time of order. This License Agreement does not separately license You for additional licenses beyond those which You have purchased, and which have been authorized by Symantec as indicated on the applicable License Instrument.
7. LIMITED WARRANTY.
7.1. MEDIA WARRANTY. If Symantec provides the Licensed Software to You on tangible media, Symantec warrants that the magnetic media upon which the Licensed Software is recorded will not be defective under normal use, for a period of ninety (90) days from delivery. Symantec will replace any defective media returned to Symantec within the warranty period at no charge to You. The above warranty is inapplicable in the event the Licensed Software media becomes defective due to unauthorized use of the Licensed Software. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
7.2. PERFORMANCE WARRANTY. Symantec warrants that the Licensed Software, as delivered by Symantec and when used in accordance with the Documentation, will substantially conform to the Documentation for a period of ninety (90) days from delivery. If the Licensed Software does not comply with this warranty and such non-compliance is reported by You to Symantec within the ninety (90) day warranty period, Symantec will do one of the following, selected at Symantec’s reasonable discretion: either (i) repair the Licensed Software, (ii) replace the Licensed Software with software of substantially the same functionality, or (iii) terminate this License Agreement and refund the relevant license fees paid for such non-compliant Licensed Software. The above warranty specifically excludes defects resulting from accident, abuse, unauthorized repair, modifications or enhancements, or misapplication. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
8. WARRANTY DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE warranties set forth in sections 7.1 and 7.2 are YOUR exclusive warranties AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS . SYMANTEC MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OR USE OF THE LICENSED SOFTWARE, CONTENT UPDATES, AND UPGRADES WILL BE UNINTERRUPTED OR ERROR-FREE . YOU MAY HAVE OTHER WARRANTY RIGHTS, WHICH MAY VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
9. 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 OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.
10. MAINTENANCE/SUPPORT. Symantec has no obligation under this License Agreement to provide maintenance/support for the Licensed Software. Any maintenance/support purchased for the Licensed Software is subject to Symantec’s then-current maintenance/support policies.
11. SOFTWARE EVALUATION. If the Licensed Software is provided to You for evaluation purposes and You have an evaluation agreement with Symantec for the Licensed Software, Your rights to evaluate the Licensed Software will be pursuant to the terms of such evaluation agreement. If You do not have an evaluation agreement with Symantec for the Licensed Software and if You are provided the Licensed Software for evaluation purposes, the following terms and conditions shall apply. Symantec grants to You a nonexclusive, temporary, royalty-free, non-assignable license to use the Licensed Software solely for internal non-production evaluation. Such evaluation license shall terminate (i) on the end date of the pre-determined evaluation period, if an evaluation period is pre-determined in the Licensed Software or (ii) sixty (60) days from the date of Your initial installation of the Licensed Software, if no such evaluation period is pre-determined in the Licensed Software (“Evaluation Period”) . The Licensed Software may not be transferred and is provided “AS IS” without warranty of any kind. You are solely responsible to take appropriate measures to back up Your system and take other measures to prevent any loss of files or data. The Licensed Software may contain an automatic disabling mechanism that prevents its use after a certain period of time. Upon expiration of the Licensed Software Evaluation Period, You will cease use of the Licensed Software and destroy all copies of the Licensed Software. All other terms and conditions of this License Agreement shall otherwise apply to Your evaluation of the Licensed Software as permitted herein.
12. U.S. GOVERNMENT RESTRICTED RIGHTS. The Licensed 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 Licensed Software - Restricted Rights" and DFARS 227.7202, “Rights in Commercial Computer Licensed Software or Commercial Computer Licensed Software Documentation”, as applicable, and any successor regulations. Any use, modification, reproduction release, performance, display or disclosure of the Licensed Software by the U.S. Government shall be solely in accordance with the terms of this License Agreement.
13. 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 , 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. All Symantec products, including the Controlled Technology are prohibited for export or re-export to Cuba, North Korea, Iran, Syria and Sudan and to any country subject to relevant trade sanctions. You hereby agree that You will not export or sell any Controlled Technology for use in connection with chemical, biological, or nuclear weapons, or missiles, drones or space launch vehicles capable of delivering such weapons.
14. TERMINATION. This License Agreement shall terminate upon Your breach of any term contained herein. Upon termination, You shall immediately stop using and destroy all copies of the Licensed Software.
15. SURVIVAL. The following provisions of this License Agreement survive termination of this License Agreement: Definitions, License Restrictions and any other restrictions on use of intellectual property, Ownership/Title, Warranty Disclaimers, Limitation of Liability, U.S. Government Restricted Rights, Export Regulation, Survival, and General.
16. GENERAL.
16.1. ASSIGNMENT. 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.
16.2. COMPLIANCE WITH APPLICABLE LAW. You are solely responsible for Your compliance with, and You agree to comply with, all applicable laws, rules, and regulations in connection with Your use of the Licensed Software.
16.3. AUDIT. An auditor, selected by Symantec and reasonably acceptable to You, may, upon reasonable notice and during normal business hours, but not more often than once each year, inspect Your records and deployment in order to confirm that Your use of the Licensed Software complies with this License Agreement and the applicable License Instrument. Symantec shall bear the costs of any such audit, except where the audit demonstrates that the Manufacturer’s Suggested Reseller Price (MSRP) value of Your non-compliant usage exceeds five percent (5%) of the MSRP value of Your compliant deployments. In such case, in addition to purchasing appropriate licenses for any over-deployed Licensed Software, You shall reimburse Symantec for the auditor’s reasonable actual fees for such audit.
16.4. GOVERNING LAW; SEVERABILITY; WAIVER. 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 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.
16.5. 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.
16.6. CUSTOMER SERVICE. Should You have any questions concerning this License Agreement, or if You desire to contact Symantec for any reason, please write to: (i) Symantec Enterprise Customer Care, 555 International Way, Springfield, Oregon 97477, U.S.A., (ii) Symantec Enterprise Customer Care Center, PO BOX 5689, Dublin 15, Ireland, or (iii) Symantec Enterprise Customer Care, 1 Julius Ave, North Ryde, NSW 2113, Australia.
16.7. ENTIRE AGREEMENT. This License Agreement and any related License Instrument are the complete and exclusive agreement between You and Symantec relating to the Licensed Software and supersede any previous or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter. T his License Agreement prevails over any conflicting or additional terms of any purchase order, ordering document, acknowledgement or confirmation or other document issued by You, even if signed and returned. This License Agreement may only be modified by a License Instrument that accompanies or follows this License Agreement.
17.0
ADDITIONAL TERMS AND CONDITIONS. Your use of the Licensed Software is subject
to the terms and conditions below in addition to those stated above.
17.1 Additional Restrictions. You may only use the Licensed Software in connection with another Symantec product for which you have a valid license. You may only receive maintenance/support for the Licensed Software if the other Symantec product with which you are using the Licensed Software is under a current support contract.
17.2 Privacy, Data Protection. The
Licensed Software may collect the IP address for your system on which the
Licensed Software is installed and submit such IP address to Symantec through
the Licensed Software, for the purpose of enabling Symantec to fulfill a
technical support request from You or Your network administrator or to improve
the installation process for the Licensed Software. The information will be
used only for the purpose(s) set forth above. The 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), but Symantec has taken steps so that
the information, if transferred, receives an adequate level of protection. Any
such information obtained by the Licensed Software will be maintained in a
secure manner, and will not be correlated with any other personally
identifiable information. Symantec may disclose the information if asked
to do so by a law enforcement official as required or permitted by law or in
response to a subpoena or other legal process.
17.3
Software
Development Kit.
A. Development License. If the Licensed Software You acquire includes
a software development kit for use with the Licensed Software (the SDK), You
are entitled under this License Agreement to install such SDK on an unlimited
number of Servers or Processors solely for the purposes of automating and
customizing the functionality of the Licensed Software to enhance the usability
of the Licensed Software. You may not
distribute any portion of the SDK.
Such
license for the SDK shall be in addition to any licenses for the other portions
of the Licensed Software acquired under this License Agreement.
B. Disclaimers: Notwithstanding any other
provision of this License Agreement, the following terms shall be applicable to
the SDK:
1. Warranty Disclaimer. THE SDK 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. THE SDK IS PROVIDED GRATUITOUSLY AND,
ACCORDINGLY, LICENSOR SHALL NOT BE LIABLE UNDER ANY THEORY FOR ANY DAMAGES
SUFFERED BY YOU OR ANY USER OF THE SDK.
LICENSOR WILL NOT PROVIDE DEVELOPER, ENGINEERING OR ANY TECHNICAL
SUPPORT FOR THE SDK AND WILL NOT ISSUE UPDATES, UPGRADES, OR ENHANCEMENTS TO
THE SDK.
2. 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 LICENSOR 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 SDK EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
Remote Session
To install from a remote computer using a remote session, you must log in to the Windows Remote Desktop Connection utility (mstsc.exe) using the mstsc /console command from the Windows XP SP1 and SP2 operating systems, or using the mstsc /admin command for the Windows XP SP3 and Windows Vista operating systems.
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 OPENING THE LICENSED SOFTWARE PACKAGE, BREAKING THE LICENSED SOFTWARE SEAL, CLICKING THE “I AGREE” OR “YES” BUTTON, OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR LOADING THE LICENSED SOFTWARE 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 FURTHER USE OF THE LICENSED SOFTWARE. UNLESS OTHERWISE DEFINED HEREIN, CAPITALIZED TERMS WILL HAVE THE MEANING GIVEN IN THE “DEFINITIONS” SECTION OF THIS LICENSE AGREEMENT AND SUCH CAPITALIZED TERMS MAY BE USED IN THE SINGULAR OR IN THE PLURAL, AS THE CONTEXT REQUIRES.
1. DEFINITIONS.
“Content Updates” means content used by certain Symantec products which is updated from time to time, including but not limited to: updated anti-spyware definitions for anti-spyware products; updated antispam rules for antispam products; updated virus definitions for antivirus and crimeware products; updated URL lists for content filtering and antiphishing products; updated firewall rules for firewall products; updated intrusion detection data for intrusion detection products; updated lists of authenticated web pages for website authentication products; updated policy compliance rules for policy compliance products; and updated vulnerability signatures for vulnerability assessment products.
“Documentation” means the user documentation Symantec provides with the Licensed Software.
“License Instrument” means one or more of the following applicable documents which further defines Your license rights to the Licensed Software: a Symantec license certificate or a similar license document issued by Symantec, or a written agreement between You and Symantec, that accompanies, precedes or follows this License Agreement.
“Licensed Software” means the Symantec software product, in object code form, accompanying this License Agreement, including any Documentation included in, or provided for use with, such software or that accompanies this License Agreement.
“Support Certificate” means the certificate sent by Symantec confirming Your purchase of the applicable Symantec maintenance/support for the Licensed Software.
“Upgrade” means any version of the Licensed Software that has been released to the public and which replaces the prior version of the Licensed Software on Symantec’s price list pursuant to Symantec’s then-current upgrade policies.
“Use Level” means the license use meter or model (which may include operating system, hardware system, application or machine tier limitations, if applicable) by which Symantec measures, prices and licenses the right to use the Licensed Software, in effect at the time an order is placed for such Licensed Software, as indicated in this License Agreement and the applicable License Instrument.
2. LICENSE GRANT. Subject to Your compliance with the terms and conditions of this License Agreement, Symantec grants to You the following rights: (i) a non-exclusive, non-transferable (except as stated otherwise in Section 16.1) license to use the Licensed Software solely in support of Your internal business operations in the quantities and at the Use Levels described in this License Agreement and the applicable License Instrument; and (ii) the right to make a single uninstalled copy of the Licensed Software for archival purposes which You may use and install for disaster-recovery purposes (i.e. where the primary installation of the Licensed Software becomes unavailable for use).
2.1 TERM. The term of the Licensed Software license granted under this License Agreement shall be perpetual (subject to Section 14) unless stated otherwise in Section 17 or unless You have obtained the Licensed Software on a non-perpetual basis, such as, under a subscription or term-based license for the period of time indicated on the applicable License Instrument. If You have obtained the Licensed Software on a non-perpetual basis, Your rights to use such Licensed Software shall end on the applicable end date as indicated on the applicable License Instrument and You shall cease use of the Licensed Software as of such applicable end date.
3. 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; (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; (v) use of the Licensed Software by any party other than You; (vi) use of a later version of the Licensed Software other than the version that accompanies this License Agreement unless You have separately acquired the right to use such later version through a License Instrument or Support Certificate; nor (vii) use of the Licensed Software above the quantity and Use Level that have been licensed to You under this License Agreement or the applicable License Instrument.
4. OWNERSHIP/TITLE. The Licensed Software is the proprietary property of Symantec or its licensors and is protected by copyright law. 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.
5. CONTENT UPDATES. If You purchase a Symantec maintenance/support offering consisting of or including Content Updates, as indicated on Your Support Certificate, You are granted the right to use, as part of the Licensed Software, such Content Updates as and when they are made generally available to Symantec’s end user customers who have purchased such maintenance/support offering and for such period of time as indicated on the face of the applicable Support Certificate. This License Agreement does not otherwise permit You to obtain and use Content Updates.
6. UPGRADES/CROSS-GRADES. Symantec reserves the right to require that any upgrades (if any) of the Licensed Software may only be obtained in a quantity equal to the number indicated on the applicable License Instrument. An upgrade to an existing license shall not be deemed to increase the number of licenses which You are authorized to use. Additionally, if You upgrade a Licensed Software license, or purchase a Licensed Software license listed on the applicable License Instrument to cross-grade an existing license (i.e. to increase its functionality, and/or transfer it to a new operating system, hardware tier or licensing meter), then Symantec issues the applicable Licensed Instrument based on the understanding that You agree to cease using the original license. Any such license upgrade or cross-grade is provided under Symantec's policies in effect at the time of order. This License Agreement does not separately license You for additional licenses beyond those which You have purchased, and which have been authorized by Symantec as indicated on the applicable License Instrument.
7. LIMITED WARRANTY.
7.1. MEDIA WARRANTY. If Symantec provides the Licensed Software to You on tangible media, Symantec warrants that the magnetic media upon which the Licensed Software is recorded will not be defective under normal use, for a period of ninety (90) days from delivery. Symantec will replace any defective media returned to Symantec within the warranty period at no charge to You. The above warranty is inapplicable in the event the Licensed Software media becomes defective due to unauthorized use of the Licensed Software. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
7.2. PERFORMANCE WARRANTY. Symantec warrants that the Licensed Software, as delivered by Symantec and when used in accordance with the Documentation, will substantially conform to the Documentation for a period of ninety (90) days from delivery. If the Licensed Software does not comply with this warranty and such non-compliance is reported by You to Symantec within the ninety (90) day warranty period, Symantec will do one of the following, selected at Symantec’s reasonable discretion: either (i) repair the Licensed Software, (ii) replace the Licensed Software with software of substantially the same functionality, or (iii) terminate this License Agreement and refund the relevant license fees paid for such non-compliant Licensed Software. The above warranty specifically excludes defects resulting from accident, abuse, unauthorized repair, modifications or enhancements, or misapplication. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
8. WARRANTY DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE warranties set forth in sections 7.1 and 7.2 are YOUR exclusive warranties AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. SYMANTEC MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OR USE OF THE LICENSED SOFTWARE, CONTENT UPDATES, AND UPGRADES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU MAY HAVE OTHER WARRANTY RIGHTS, WHICH MAY VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
9. 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 OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.
10. MAINTENANCE/SUPPORT. Symantec has no obligation under this License Agreement to provide maintenance/support for the Licensed Software. Any maintenance/support purchased for the Licensed Software is subject to Symantec’s then-current maintenance/support policies.
11. SOFTWARE EVALUATION. If the Licensed Software is provided to You for evaluation purposes and You have an evaluation agreement with Symantec for the Licensed Software, Your rights to evaluate the Licensed Software will be pursuant to the terms of such evaluation agreement. If You do not have an evaluation agreement with Symantec for the Licensed Software and if You are provided the Licensed Software for evaluation purposes, the following terms and conditions shall apply. Symantec grants to You a nonexclusive, temporary, royalty-free, non-assignable license to use the Licensed Software solely for internal non-production evaluation. Such evaluation license shall terminate (i) on the end date of the pre-determined evaluation period, if an evaluation period is pre-determined in the Licensed Software or (ii) sixty (60) days from the date of Your initial installation of the Licensed Software, if no such evaluation period is pre-determined in the Licensed Software (“Evaluation Period”). The Licensed Software may not be transferred and is provided “AS IS” without warranty of any kind. You are solely responsible to take appropriate measures to back up Your system and take other measures to prevent any loss of files or data. The Licensed Software may contain an automatic disabling mechanism that prevents its use after a certain period of time. Upon expiration of the Licensed Software Evaluation Period, You will cease use of the Licensed Software and destroy all copies of the Licensed Software. All other terms and conditions of this License Agreement shall otherwise apply to Your evaluation of the Licensed Software as permitted herein.
12. U.S. GOVERNMENT RESTRICTED RIGHTS. The Licensed 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 Licensed Software - Restricted Rights" and DFARS 227.7202, “Rights in Commercial Computer Licensed Software or Commercial Computer Licensed Software Documentation”, as applicable, and any successor regulations. Any use, modification, reproduction release, performance, display or disclosure of the Licensed Software by the U.S. Government shall be solely in accordance with the terms of this License Agreement.
13. 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. All Symantec products, including the Controlled Technology are prohibited for export or re-export to Cuba, North Korea, Iran, Syria and Sudan and to any country subject to relevant trade sanctions. You hereby agree that You will not export or sell any Controlled Technology for use in connection with chemical, biological, or nuclear weapons, or missiles, drones or space launch vehicles capable of delivering such weapons.
14. TERMINATION. This License Agreement shall terminate upon Your breach of any term contained herein. Upon termination, You shall immediately stop using and destroy all copies of the Licensed Software.
15. SURVIVAL. The following provisions of this License Agreement survive termination of this License Agreement: Definitions, License Restrictions and any other restrictions on use of intellectual property, Ownership/Title, Warranty Disclaimers, Limitation of Liability, U.S. Government Restricted Rights, Export Regulation, Survival, and General.
16. GENERAL.
16.1. ASSIGNMENT. 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.
16.2. COMPLIANCE WITH APPLICABLE LAW. You are solely responsible for Your compliance with, and You agree to comply with, all applicable laws, rules, and regulations in connection with Your use of the Licensed Software.
16.3. AUDIT. An auditor, selected by Symantec and reasonably acceptable to You, may, upon reasonable notice and during normal business hours, but not more often than once each year, inspect Your records and deployment in order to confirm that Your use of the Licensed Software complies with this License Agreement and the applicable License Instrument. Symantec shall bear the costs of any such audit, except where the audit demonstrates that the Manufacturer’s Suggested Reseller Price (MSRP) value of Your non-compliant usage exceeds five percent (5%) of the MSRP value of Your compliant deployments. In such case, in addition to purchasing appropriate licenses for any over-deployed Licensed Software, You shall reimburse Symantec for the auditor’s reasonable actual fees for such audit.
16.4. GOVERNING LAW; SEVERABILITY; WAIVER. 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.
16.5. 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.
16.6. CUSTOMER SERVICE. Should You have any questions concerning this License Agreement, or if You desire to contact Symantec for any reason, please write to: (i) Symantec Enterprise Customer Care, 555 International Way, Springfield, Oregon 97477, U.S.A., (ii) Symantec Enterprise Customer Care Center, PO BOX 5689, Dublin 15, Ireland, or (iii) Symantec Enterprise Customer Care, 1 Julius Ave, North Ryde, NSW 2113, Australia.
16.7. ENTIRE AGREEMENT. This License Agreement and any related License Instrument are the complete and exclusive agreement between You and Symantec relating to the Licensed Software and supersede any previous or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter. This License Agreement prevails over any conflicting or additional terms of any purchase order, ordering document, acknowledgement or confirmation or other document issued by You, even if signed and returned. This License Agreement may only be modified by a License Instrument that accompanies or follows this License Agreement.
17. ADDITIONAL TERMS AND CONDITIONS. Your use of the Licensed Software is subject to the terms and conditions below in addition to those stated above.
17.1 ADDITIONAL DEFINITIONS.
“Asset” means (a) a physical device such as a computer, PDA, or server, (b) a virtual device, such as an operating environment that may be running concurrently with another operating environment on a single physical device (e.g., VMware*, Virtual PC*, Virtual Server*), or (c) an object stored by the Licensed Software in a database, such object representing a physical or virtual asset for which data is being tracked or managed by the Licensed Software (e.g., printer, copier, etc.).
“Concurrent User” means Users and/or Devices that are simultaneously using the Licensed Software at the same point in time.
“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.
“Enterprise” is defined as the concurrent use of the Licensed Software on any and all Devices, Servers, and Processors owned, operated or managed by You and any Users within Your Organization, on a worldwide basis, subject to the import and export laws of the United States.
“Managed Server” means a Server that is managed, monitored and/or protected by the Licensed Software but that may not actually be running the Licensed Software itself.
“Node” means any Asset under management by the Licensed Software.
“Organization” includes any company, affiliate, or subsidiary wholly owned and directly controlled by You.
“Processor” also referred to as “CPU”, is defined as the logic circuitry that responds to and processes the instruction that run a computer and/or that accesses or runs the software. Each processor may be comprised of multiple processing cores which may each independently act as individual processors.
“Server” means a standalone system or an individual computer acting as a service or resource provider to client computers by sharing the resources within the network infrastructure. A Server can run server software for other computers or devices.
“User” means an individual person and/or Device who is authorized by You to use, and/or benefits from the use of, the Licensed Software, or is the person and/or Device who actually uses any portion of the Licensed Software.
In addition, the following shall be added to the definitions set forth below:
“License Instrument” also includes a written communication issued by Symantec confirming Your license of the Licensed Software and which further defines Your license rights to the Licensed Software.
“Support Certificate” also includes a written communication issued by Symantec confirming Your purchase of the applicable maintenance/support for the Licensed Software.
17.2 ADDITIONAL USE RIGHTS AND LIMITATIONS.
17.2A You may use the Licensed Software in accordance with the terms and conditions set forth below for the type of license You have received for the Licensed Software, as indicated in the applicable License Instrument(s):
(1) You must have a license for each instance (physical or virtual) of the Licensed Software, provided, however, that You may make and use a reasonable number of copies of the Licensed Software in a non-production testing, lab or staging environment. An “instance” of the Licensed Software is created by executing the Licensed Software’s setup or install procedure and/or duplicating an existing instance. References to "Licensed Software" in this License Agreement include “instances” of the Licensed Software.
(2) Concurrent User License. Under the terms of a Concurrent User License, You may use the Licensed Software for up to an aggregate number of Concurrent Users that does not exceed Your quantity of Concurrent User licenses, as indicated in the applicable License Instrument.
(3) Device License. Under the terms of a Device license, You may use the Licensed Software for up to an aggregate number of Devices that does not exceed Your quantity of Device licenses, as indicated in the applicable License Instrument.
(4) Enterprise License. Under the terms of an Enterprise license, You may use the Licensed Software within Your Enterprise, subject to Section 17.2A(1) above.
(5) Node License. Under the terms of a Node License, you may use the Licensed Software to manage an aggregate number of Nodes within Your organization not to exceed the sum of Your licensed Nodes as indicated in the applicable License Instrument. A Node License will be deemed consumed for the Licensed Software once an Asset has been managed by the Licensed Software. An Asset has been managed by the Licensed Software once the Licensed Software, or a portion of the Licensed Software such as an agent, has (a) been run locally on an Asset, (b) remotely interacted with and/or received a response from an Asset, (c) configured or changed a setting of or migrated settings to or from an Asset, (d) participated in the creation or deployment of a disk image or (e) otherwise performed any management functionality that such particular Licensed Software has been designed to perform with respect to an Asset. You must purchase a sufficient number of Node Licenses to cover all Node Licenses consumed by the Licensed Software.
(6) Server License. Under the terms of a Server license, You may use the Licensed Software on no more than an aggregate number of Servers that does not exceed Your quantity of Server licenses, as indicated in the applicable License Instrument.
(7) User License. Under the terms of a User license, You may use the Licensed Software for up to an aggregate number of Users that does not exceed Your quantity of User licenses, as indicated in the applicable License Instrument.
17.2B If you have obtained the Licensed Software as part of a suite of software products (a “Suite”), You may use each individual Licensed Software product contained in the suite in the quantities and in accordance with the license type stated in the applicable License Instrument that specifically references the individual Licensed Software products and corresponding license type and quantity of licenses you have received for each such individual Licensed Software product. Notwithstanding the foregoing, if Your License Instrument indicates that you have received licenses for Deployment Solution, Monitor Solution and Inventory Pack for Servers as a result of Your purchase of one or more licenses to a suite of products, You may use each of these individual Licensed Software Products to manage an aggregate number of client and/or server machines which does not exceed the number of licenses You have received for Patch Management Solution, as indicated in Your License Instrument, regardless of the number of licenses actually listed for Deployment Solution, Monitor Solution and Inventory Pack for Servers in Your License Instrument.
17.2C If Your License Instrument indicates that you have received one or more Concurrent User licenses for Barcode Solution, you may deploy such licenses on an aggregate number of consoles and/or devices, as further described in the Documentation (“Barcode Consoles” and “Barcode Devices”, respectively), which does not exceed Your total number of Barcode Solution Concurrent User licenses indicated on Your License Instruments. For purposes of Your use of Barcode Solution, any licenses deployed on Barcode Consoles are subject to the Concurrent User license terms set forth herein, and any licenses deployed on Barcode Devices are subject to the Device license terms set forth herein.
17.2D If Your License Instrument indicates that you have received a license for Deployment Solution, the following additional terms and conditions shall apply:
(1) Microsoft Windows Automated Installation Kit (the “Component”): The Licensed Software contains the Component, which is licensed from Microsoft Corporation and is subject to the following terms and conditions:
a. You may use the Component solely for the purpose of deploying Windows operating system software on Your Nodes. Certain portions of the Component are provided to You with additional license rights and restrictions, as follows: (i) The Windows Pre-Installation Environment may be used only for purposes of diagnosing and recovering Windows operating system software and may not be used for any other purpose, including without limitation as a general operating system, as a thin client or as a remote desktop client and (ii) the ImageX.exe, Wimapi.dll and Wimfilter and Package Manager portions of the Component may be used only for recovering Windows operating system software and may not be used for any other purpose, including without limitation for purposes of backing up Your Windows operating system.
b. Notwithstanding any other term of this Agreement, the Component is provided “AS IS” and without warranty of any kind. Microsoft Corporation has no liability to You for the Component. Any support for the Component will be provided by Symantec in accordance with Symantec’s then-current support guidelines.
(2) Linux Kernel. The Linux Kernel component is not governed by this License Agreement. If you choose to install and use the Linux Kernel, your use of that component will be subject to and governed by the terms of a separate license agreement, the GNU General Public License, version 2.0, located at http://www.gnu.org/licenses/gpl-2.0.html#TOC1. If you do not agree to such terms for use of the Linux Kernel, do not install or use such component.
17.2E If Your License Instrument indicates You have received a license to Software Management Solution, the following terms and conditions shall apply. The Software Management Solution Licensed Software includes the Symantec Workspace Virtualization Agent (the “SWV Agent”), which includes the option to install the Symantec Workspace Virtualization Software Development Kit (“SWV SDK”) and/or the Software Workspace Virtualization Admin Tool (the “SWV Admin Tool”). The following additional terms and conditions apply to the use of the SWV Agent, SWV SDK and SWV Admin Tool:
(1) SWV Agent and SWV Admin Tool. You may use the SWV Agent and SWV Admin Tool only on the number of Nodes specified in Your applicable License Certificate for Software Management Solution, and only on the Nodes being managed by Software Management Solution, and only in support of Software Management Solution.
(2) SWV SDK.
a. Development License. If You download the SWV SDK included with the Licensed Software, You are entitled under this License Agreement to install such SWV SDK on an unlimited number of Processors or Servers solely for the purposes of designing, developing, testing, using and demonstrating the integration of the Licensed Software with Your existing systems, other Symantec products, or third party products; provided, however, that Your use of the Licensed Software shall comply with the terms of this License Agreement. Such SWV SDK license shall be in addition to any licenses for the other portions of the Licensed Software acquired by You under this License Agreement. You shall have no right to modify or alter the SWV SDK.
b. No Redistributable Code. The SWV SDK shall only be used by You for Your internal use and may be not be distributed, alone or as integrated with any other code or product, by You in any manner whatsoever to any third party.
c. Open Source Code. Your license rights to the SWV SDK are conditioned upon Your not creating derivative works of the SWV SDK in any manner that would cause the SWV SDK 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.
d. Development Disclaimer. Notwithstanding any other provision of this License Agreement, the following terms shall be applicable to the SWV SDK: THE SWV SDK ALLOWS YOU TO INTEGRATE THE LICENSED SOFTWARE WITH YOUR EXISTING SYSTEMS, OTHER SYMANTEC PRODUCTS, OR THIRD PARTY PRODUCTS, SUBJECT TO THE LIMITATIONS SET FORTH IN 17.2E(2)a. SYMANTEC SHALL NOT BE REPSONSIBLE FOR ANY SUCH INTEGRATION OR ANY DEVELOPMENT AND PROGRAMMING ACTIVITIES UNDERTAKEN BY YOU. UNLESS YOU USE THE APPROPRIATE DEGREE OF SKILL AND CARE IN YOUR DEVELOPMENT AND PROGRAMMING ACTIVITIES, YOUR INTEGRATION OF THE LICENSED SOFTWARE WITH YOUR EXISTING SYSTEMS, OTHER SYMANTEC PRODUCTS, OR THIRD PARTY PRODUCTS MAY CAUSE ERRORS OR PROBLEMS IN THE USE OR OPERATION OF THE LICENSED SOFTWARE. YOU MAY USE THE SWV SDK TO INTEGRATE THE LICENSED SOFTWARE WITH YOUR EXISTING SYSTEMS, OTHER SYMANTEC PRODUCTS, OR THIRD PARTY PRODUCTS AT YOUR SOLE RISK AND SYMANTEC SHALL HAVE NO LIABILITY FOR ANY FAILURE OF THE SWV SDK AND/OR THE LICENSED SOFTWARE BASED ON YOUR FAILURE TO PROPERLY DEVELOP, PROGRAM, INSTALL, CONFIGURE AND MONITOR YOUR INTEGRATION OF THE LICENSED SOFTWARE WITH YOUR EXISTING SYSTEMS, OTHER SYMANTEC PRODUCTS, OR THIRD PARTY PRODUCTS.
17.3 PRIVACY; DATA COLLECTION.
The Licensed Software collects system data that is not personally identifiable. The Licensed Software may also collect personally identifiable information, including but not limited to, usernames, IP addresses in log files, server log files, MAC address, metering application usage by username and active directory module. This information is stored on Your system and is not transmitted to Symantec unless You voluntarily submit such information to Symantec in a support request. If submitted to Symantec, such information will be used for the purpose of troubleshooting and to provide support. The 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 shared with affiliates of the Symantec group worldwide and with Symantec licensors or service providers that operate on Symantec’s behalf, but Symantec has taken steps so that the submitted information, if transferred, receives an adequate level of protection. In case of transfer of users’ personal information to Symantec, it is Your responsibility to comply with applicable laws, including, but not limited to, communication to users.
17.4 Section 16.6 above shall be replaced with the following new Section 16.6 below.
16.6. CUSTOMER SERVICE. Should You have any questions concerning this License Agreement, or if You desire to contact Symantec for any reason, please write to: (i) Symantec Enterprise Customer Care, 555 International Way, Springfield, Oregon 97477, U.S.A., (ii) Symantec Enterprise Customer Care Center, PO BOX 5689, Dublin 15, Ireland, or (iii) 10 Eunos Road 8, #09-02, Singapore Post Centre, Singapore, 408600.
GLB ENT EULA TEMPLATE v.1.0_Master Altiris 7.1 EULA_27January2011
Asset Management Suite_Client Management Suite_IT Management Suite_Server Management Suite
Adobe Flash Player version 10 or higher is required for the Getting Started videos.
To download Adobe Flash Player 11, use the following download link:
Sun Java Runtime version 6 or higher is required for the use of multiple Symantec Solutions.
To download the Sun Java Runtime, use the following download link:
http://javadl.sun.com/webapps/download/AutoDL?BundleId=37717 ]]>
Microsoft Silverlight version 4.0 x86 (32 bit) is required for the use of multiple Symantec Solutions.
To download Silverlight 4.0, use the following download link:
WCF Activation is required for installation
WCF Activation can be performed using Server Manager, and enabling WCF Activation (HTTP & Non-HTTP) under .NET Framework Features.
]]>
About upgrading to Installed products and components.
Microsoft Silverlight version 5.0 x86 (32 bit) is required for the use of multiple Symantec Solutions.
To download Silverlight 5.0 x86 (32 bit), use the following download link:
http://www.microsoft.com/getsilverlight/Get-Started/Install/Default.aspx ]]>
About CPU Requirements
Symantec Management Platform recommends a server-class computer or a computer with multiple processors.
Note: Depending on the products installed and the number of computer devices being managed, CPU requirements will depend on the configuration and design of your management system.
About Disk Space Requirements
Disk space requirements are based on the products selected to install:
About Microsoft Internet Explorer
Microsoft Internet Explorer Version 7, 8, or 9 is required by the Symantec Management Platform; version 7 is recommended. The Symantec Management Platform has introduced limited support for installing when Internet Explorer 8 or 9 is present on the management server. The Symantec Management Platform will install with Internet Explorer 8 or 9, however there are a number of issues that may inhibit full console compatibility. Internet Explorer 7 is fully supported and recommended. Additional details of the current Internet Explorer 8 or 9 issues are found at https://kb.altiris.com/article.asp?article=47584&p=2
About Microsoft SQL Server
All versions of Microsoft SQL Server 2005 or Microsoft SQL Server 2008 are supported. For installations with 500 or less nodes, you can use SQL Express. For installations with more than 500 nodes, we recommend SQL Server 2005 or Microsoft SQL Server 2008.
Remote Session
To install from a remote computer using a remote session, you must log in to the Windows Remote Desktop Connection utility (mstsc.exe) using the mstsc /console command from the Windows XP SP1 and SP2 operating systems, or using the mstsc /admin command for the Windows XP SP3 and Windows Vista operating systems.
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
OPENING THE LICENSED SOFTWARE PACKAGE, BREAKING THE LICENSED SOFTWARE SEAL,
CLICKING THE “I AGREE” OR “YES” BUTTON, OR OTHERWISE INDICATING ASSENT
ELECTRONICALLY, OR LOADING THE LICENSED SOFTWARE 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 FURTHER USE OF THE LICENSED
SOFTWARE. UNLESS OTHERWISE DEFINED HEREIN, CAPITALIZED TERMS WILL HAVE THE
MEANING GIVEN IN THE “DEFINITIONS” SECTION OF THIS LICENSE AGREEMENT AND SUCH
CAPITALIZED TERMS MAY BE USED IN THE SINGULAR OR IN THE PLURAL, AS THE CONTEXT
REQUIRES.
1. DEFINITIONS.
“Content
Updates”
means content used by certain Symantec products which is updated from time to
time, including but not limited to: updated anti-spyware definitions for
anti-spyware products; updated antispam rules for antispam products; updated
virus definitions for antivirus and crimeware products; updated URL lists for
content filtering and antiphishing products; updated firewall rules for
firewall products; updated intrusion detection data for intrusion detection
products; updated lists of authenticated web pages for website authentication
products; updated policy compliance rules for policy compliance products; and updated
vulnerability signatures for vulnerability assessment products.
“Documentation” means the user documentation
Symantec provides with the Licensed Software.
“License
Instrument”
means one or more of the following applicable documents which further defines
Your license rights to the Licensed Software: a Symantec license certificate or
a similar license document issued by Symantec, or a written agreement between
You and Symantec, that accompanies, precedes or follows this License Agreement.
“Licensed
Software”
means the Symantec software product, in object code form, accompanying this
License Agreement, including any Documentation included in, or provided for use
with, such software or that accompanies this License Agreement.
“Support
Certificate”
means the certificate sent by Symantec confirming Your purchase of the applicable
Symantec maintenance/support for the Licensed Software.
“Upgrade” means any version of
the Licensed Software that has been released to the public and which replaces
the prior version of the Licensed Software on Symantec’s price list pursuant to
Symantec’s then-current upgrade policies.
“Use Level” means the license use
meter or model (which may include operating
system, hardware system, application or machine tier limitations, if
applicable) by which Symantec measures, prices and licenses the right to
use the Licensed Software, in effect at the time an order is placed for such
Licensed Software, as indicated in this License Agreement and the applicable
License Instrument.
2. LICENSE GRANT. Subject to Your compliance with the terms and
conditions of this License Agreement, Symantec grants to You the following
rights: (i) a non-exclusive, non-transferable (except as stated otherwise in
Section 16.1) license to use the Licensed Software solely in support of Your
internal business operations in the quantities and at the Use Levels described
in this License Agreement and the applicable License Instrument; and (ii) the
right to make a single uninstalled copy
of the Licensed Software for archival purposes which You may use and install
for disaster-recovery purposes (i.e. where the primary installation of the
Licensed Software becomes unavailable for use).
2.1 TERM. The term
of the Licensed Software license granted under this License Agreement shall be perpetual
(subject to Section 14) unless stated otherwise in Section 17 or unless You have obtained the Licensed
Software on a non-perpetual basis, such
as, under a subscription or term-based license for the period of time indicated
on the applicable License Instrument. If You have obtained the Licensed
Software on a non-perpetual basis, Your rights to use such Licensed Software shall
end on the applicable end date as indicated on the applicable License
Instrument and You shall cease use of the Licensed Software as of such
applicable end date.
3. 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; (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; (v) use of the Licensed Software by any party other than You; (vi) use of
a later version of the Licensed Software other than the version that
accompanies this License Agreement unless You have separately acquired the
right to use such later version through a License Instrument or Support Certificate;
nor (vii) use of the Licensed Software above the quantity and Use Level that
have been licensed to You under this License Agreement or the applicable
License Instrument.
4. OWNERSHIP/TITLE. The Licensed Software
is the proprietary property of Symantec or its licensors and is protected by
copyright law. 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.
5. CONTENT UPDATES. If You purchase a
Symantec maintenance/support offering consisting of or including Content
Updates, as indicated on Your Support Certificate, You are granted the right to
use, as part of the Licensed Software, such Content Updates as and when they
are made generally available to Symantec’s end user customers who have
purchased such maintenance/support offering and for such period of time as
indicated on the face of the applicable Support Certificate. This License Agreement
does not otherwise permit You to obtain and use Content Updates.
6. UPGRADES/CROSS-GRADES. Symantec reserves the right to require
that any upgrades (if any) of the Licensed Software may only be obtained in a
quantity equal to the number indicated on the applicable License Instrument. An
upgrade to an existing license shall not be deemed to increase the number of
licenses which You are authorized to use. Additionally, if You upgrade a Licensed
Software license, or purchase a Licensed Software license listed on the
applicable License Instrument to cross-grade an existing license (i.e. to
increase its functionality, and/or transfer it to a new operating system,
hardware tier or licensing meter), then Symantec issues the applicable Licensed
Instrument based on the understanding that You agree to cease using the
original license. Any such license upgrade or cross-grade is provided under
Symantec's policies in effect at the time of order. This License Agreement does
not separately license You for additional licenses beyond those which You have
purchased, and which have been authorized by Symantec as indicated on the
applicable License Instrument.
7. LIMITED WARRANTY.
7.1. MEDIA WARRANTY. If Symantec provides the
Licensed Software to You on tangible media, Symantec warrants that the magnetic
media upon which the Licensed Software is recorded will not be defective under
normal use, for a period of ninety (90) days from delivery. Symantec will
replace any defective media returned to Symantec within the warranty period at
no charge to You. The above warranty is inapplicable in the event the Licensed
Software media becomes defective due to unauthorized use of the Licensed
Software. THE FOREGOING IS YOUR SOLE AND
EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
7.2. PERFORMANCE WARRANTY. Symantec warrants
that the Licensed Software, as delivered by Symantec and when used in
accordance with the Documentation, will substantially conform to the
Documentation for a period of ninety (90) days from delivery. If the Licensed
Software does not comply with this warranty and such non-compliance is reported
by You to Symantec within the ninety (90) day warranty period, Symantec will do
one of the following, selected at Symantec’s reasonable discretion: either (i)
repair the Licensed Software, (ii) replace the Licensed Software with software
of substantially the same functionality, or (iii) terminate this License
Agreement and refund the relevant license fees paid for such non-compliant
Licensed Software. The above warranty specifically excludes defects resulting
from accident, abuse, unauthorized repair, modifications or enhancements, or
misapplication. THE FOREGOING IS YOUR
SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
8. WARRANTY DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE warranties
set forth in sections 7.1 and 7.2 are YOUR exclusive warranties AND ARE IN LIEU OF ALL
OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. SYMANTEC MAKES NO WARRANTIES OR REPRESENTATIONS THAT
THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES WILL MEET YOUR REQUIREMENTS
OR THAT OPERATION OR USE OF THE LICENSED SOFTWARE, CONTENT UPDATES, AND
UPGRADES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU MAY HAVE OTHER WARRANTY RIGHTS,
WHICH MAY VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
9. 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 OR
ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY
COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF
PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION,
LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR
ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL,
CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR
INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS,
SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL
SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING
RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR
LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE
OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE
DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR
NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.
10. MAINTENANCE/SUPPORT. Symantec has no
obligation under this License Agreement to provide maintenance/support for the
Licensed Software. Any maintenance/support purchased for the Licensed Software
is subject to Symantec’s then-current maintenance/support policies.
11. SOFTWARE EVALUATION. If the Licensed
Software is provided to You for evaluation purposes and You have an evaluation
agreement with Symantec for the Licensed Software, Your rights to evaluate the
Licensed Software will be pursuant to the terms of such evaluation agreement.
If You do not have an evaluation agreement with Symantec for the Licensed
Software and if You are provided the Licensed Software for evaluation purposes, the following terms and conditions shall
apply. Symantec
grants to You a nonexclusive, temporary, royalty-free, non-assignable license
to use the Licensed Software solely for internal non-production evaluation. Such
evaluation license shall terminate (i) on the end date of the pre-determined
evaluation period, if an evaluation period is pre-determined in the Licensed
Software or (ii) sixty (60) days from the date of Your initial installation of
the Licensed Software, if no such evaluation period is pre-determined in the
Licensed Software (“Evaluation Period”). The Licensed Software may not be transferred and is provided “AS
IS” without warranty of any kind. You are solely responsible to take
appropriate measures to back up Your system and take other measures to prevent
any loss of files or data. The Licensed Software may contain an automatic
disabling mechanism that prevents its use after a certain period of time. Upon
expiration of the Licensed Software Evaluation Period, You will cease use of
the Licensed Software and destroy all copies of the Licensed Software. All
other terms and conditions of this License Agreement shall otherwise apply to
Your evaluation of the Licensed Software as permitted herein.
12.
13. 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
14. TERMINATION. This License Agreement shall terminate upon Your breach of any term
contained herein. Upon termination, You shall immediately stop using and
destroy all copies of the Licensed Software.
15. SURVIVAL. The following provisions of
this License Agreement survive termination of this License Agreement: Definitions,
License Restrictions and any other restrictions on use of intellectual property,
Ownership/Title, Warranty Disclaimers, Limitation of Liability, U.S. Government
Restricted Rights, Export Regulation, Survival, and General.
16. GENERAL.
16.1. ASSIGNMENT. 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.
16.2. COMPLIANCE WITH APPLICABLE LAW. You
are solely responsible for Your compliance with, and You agree to comply with,
all applicable laws, rules, and regulations in connection with Your use of the
Licensed Software.
16.3. AUDIT. An auditor, selected by Symantec
and reasonably acceptable to You, may, upon reasonable notice and during normal
business hours, but not more often than once each year, inspect Your records
and deployment in order to confirm that Your use of the Licensed Software
complies with this License Agreement and the applicable License Instrument.
Symantec shall bear the costs of any such audit, except where the audit
demonstrates that the Manufacturer’s Suggested Reseller Price (MSRP) value of
Your non-compliant usage exceeds five percent (5%) of the MSRP value of Your
compliant deployments. In such case, in addition to purchasing appropriate
licenses for any over-deployed Licensed Software, You shall reimburse Symantec
for the auditor’s reasonable actual fees for such audit.
16.4. GOVERNING
LAW; SEVERABILITY; WAIVER. If You are located
in North America or Latin America, this License Agreement will be governed by
the laws of the State of
16.5. 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.
16.6. CUSTOMER SERVICE.
Should You have any questions concerning this License Agreement, or if You
desire to contact Symantec for any reason, please write to: (i) Symantec Enterprise
Customer Care, 555 International Way,
16.7. ENTIRE AGREEMENT. This License Agreement and any related License
Instrument are the complete and exclusive agreement between You and Symantec
relating to the Licensed Software and supersede any previous or contemporaneous
oral or written communications, proposals, and representations with respect to
its subject matter. This License Agreement prevails over any conflicting
or additional terms of any purchase order, ordering document, acknowledgement
or confirmation or other document issued by You, even if signed and returned. This License Agreement may only be modified by a
License Instrument that accompanies or follows this License Agreement.
17. ADDITIONAL
TERMS AND CONDITIONS. Your
use of the Licensed Software is subject to the terms and conditions below in
addition to those stated above.
17.1 Definitions.
A. “License Certificate” includes a
written communication issued by Symantec confirming Your license of the
Licensed Software and that accompanies, precedes or follows this License
Agreement.
B. “Maintenance Certificate” includes a
written communication issued by Symantec confirming Your maintenance/support
for the Licensed Software and that accompanies, precedes or follows this
License Agreement.
17.2 Node
License. Under the terms of a Node
License, you may use the Licensed Software to manage an aggregate number of
Nodes within your organization not to exceed the sum of your licensed nodal
count. A “Node” is any asset under
management by the Licensed Software. An
asset is: (a) a physical device such as a computer, PDA, or server, (b) a
virtual device, such as an operating environment that may be running
concurrently with another operating environment on a single physical device
(e.g., VMware*, Virtual PC*, Virtual Server*), or (c) an object stored by the Licensed
Software in a database, such object representing a physical or virtual asset
for which data is being tracked or managed by the Licensed Software (e.g.,
printer, copier, etc.). A Node License will be deemed consumed for a particular
Licensed Software product once an asset (as defined above) has been managed by
a particular Software product. An asset has been managed by a particular Licensed
Software product once the Licensed Software product has (i) been run locally on
an asset, (ii) remotely interacted with and/or received a response from an
asset, (iii) configured or changed a setting of or migrated settings to or from
an asset, or (iv) otherwise performed any management functionality that such
particular Licensed Software product has been designed to perform with respect
to an asset. You must purchase a sufficient number of Node Licenses to cover
all Node Licenses consumed by a particular Licensed Software product.
GLB
ENT EULA TEMPLATE v1.0_Altiris Deployment Solution v6.9 SP1_01.30.09
THIS SYMANTEC SOFTWARE LICENSE AGREEMENT GOVERNS YOUR USE OF THE PROPRIETARY SOFTWARE PROGRAM(S) FROM SYMANTEC CORPORATION. IF YOU CHOOSE TO INSTALL AND USE THE LINUX KERNEL COMPONENT, A SEPARATE LICENSE AGREEMENT WILL GOVERN YOUR USE OF THAT COMPONENT AND THE SYMANTEC SOFTWARE LICENSE AGREEMENT SET FORTH BELOW DOES NOT APPLY. THAT COMPONENT IS PROVIDED UNDER AND SUBJECT TO THE TERMS OF THE GNU GENERAL PUBLIC LICENSE, VERSION 2.0, THE TEXT OF WHICH FOLLOWS THE SYMANTEC SOFTWARE LICENSE AGREEMENT BELOW. SYMANTEC SOFTWARE LICENSE AGREEMENT
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 OPENING THE LICENSED SOFTWARE PACKAGE, BREAKING THE LICENSED SOFTWARE SEAL, CLICKING THE �I AGREE� OR �YES� BUTTON, OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR LOADING THE LICENSED SOFTWARE 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 FURTHER USE OF THE LICENSED SOFTWARE. UNLESS OTHERWISE DEFINED HEREIN, CAPITALIZED TERMS WILL HAVE THE MEANING GIVEN IN THE �DEFINITIONS� SECTION OF THIS LICENSE AGREEMENT AND SUCH CAPITALIZED TERMS MAY BE USED IN THE SINGULAR OR IN THE PLURAL, AS THE CONTEXT REQUIRES.
1. DEFINITIONS.�Content Updates� means content used by certain Symantec products which is updated from time to time, including but not limited to: updated anti-spyware definitions for anti-spyware products; updated antispam rules for antispam products; updated virus definitions for antivirus and crimeware products; updated URL lists for content filtering and antiphishing products; updated firewall rules for firewall products; updated intrusion detection data for intrusion detection products; updated lists of authenticated web pages for website authentication products; updated policy compliance rules for policy compliance products; and updated vulnerability signatures for vulnerability assessment products.
�Documentation� means the user documentation Symantec provides with the Licensed Software.
�License Instrument� means one or more of the following applicable documents which further defines Your license rights to the Licensed Software: a Symantec license certificate or a similar license document issued by Symantec, or a written agreement between You and Symantec, that accompanies, precedes or follows this License Agreement.
�Licensed Software� means the Symantec software product, in object code form, accompanying this License Agreement, including any Documentation included in, or provided for use with, such software or that accompanies this License Agreement.
�Support Certificate� means the certificate sent by Symantec confirming Your purchase of the applicable Symantec maintenance/support for the Licensed Software.
�Upgrade� means any version of the Licensed Software that has been released to the public and which replaces the prior version of the Licensed Software on Symantec�s price list pursuant to Symantec�s then-current upgrade policies.
�Use Level� means the license use meter or model (which may include operating system, hardware system, application or machine tier limitations, if applicable) by which Symantec measures, prices and licenses the right to use the Licensed Software, in effect at the time an order is placed for such Licensed Software, as indicated in this License Agreement and the applicable License Instrument.
2. LICENSE GRANT. Subject to Your compliance with the terms and conditions of this License Agreement, Symantec grants to You the following rights: (i) a non-exclusive, non-transferable (except as stated otherwise in Section 16.1) license to use the Licensed Software solely in support of Your internal business operations in the quantities and at the Use Levels described in this License Agreement and the applicable License Instrument; and (ii) the right to make a single uninstalled copy of the Licensed Software for archival purposes which You may use and install for disaster-recovery purposes (i.e. where the primary installation of the Licensed Software becomes unavailable for use).
2.1 TERM. The term of the Licensed Software license granted under this License Agreement shall be perpetual (subject to Section 14) unless stated otherwise in Section 17 or unless You have obtained the Licensed Software on a non-perpetual basis, such as, under a subscription or term-based license for the period of time indicated on the applicable License Instrument. If You have obtained the Licensed Software on a non-perpetual basis, Your rights to use such Licensed Software shall end on the applicable end date as indicated on the applicable License Instrument and You shall cease use of the Licensed Software as of such applicable end date.
3. 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; (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; (v) use of the Licensed Software by any party other than You; (vi) use of a later version of the Licensed Software other than the version that accompanies this License Agreement unless You have separately acquired the right to use such later version through a License Instrument or Support Certificate; nor (vii) use of the Licensed Software above the quantity and Use Level that have been licensed to You under this License Agreement or the applicable License Instrument.
4. OWNERSHIP/TITLE. The Licensed Software is the proprietary property of Symantec or its licensors and is protected by copyright law. 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.
5. CONTENT UPDATES. If You purchase a Symantec maintenance/support offering consisting of or including Content Updates, as indicated on Your Support Certificate, You are granted the right to use, as part of the Licensed Software, such Content Updates as and when they are made generally available to Symantec�s end user customers who have purchased such maintenance/support offering and for such period of time as indicated on the face of the applicable Support Certificate. This License Agreement does not otherwise permit You to obtain and use Content Updates.
6. UPGRADES/CROSS-GRADES. Symantec reserves the right to require that any upgrades (if any) of the Licensed Software may only be obtained in a quantity equal to the number indicated on the applicable License Instrument. An upgrade to an existing license shall not be deemed to increase the number of licenses which You are authorized to use. Additionally, if You upgrade a Licensed Software license, or purchase a Licensed Software license listed on the applicable License Instrument to cross-grade an existing license (i.e. to increase its functionality, and/or transfer it to a new operating system, hardware tier or licensing meter), then Symantec issues the applicable Licensed Instrument based on the understanding that You agree to cease using the original license. Any such license upgrade or cross-grade is provided under Symantec's policies in effect at the time of order. This License Agreement does not separately license You for additional licenses beyond those which You have purchased, and which have been authorized by Symantec as indicated on the applicable License Instrument.
7. LIMITED WARRANTY.
7.1. MEDIA WARRANTY. If Symantec provides the Licensed Software to You on tangible media, Symantec warrants that the magnetic media upon which the Licensed Software is recorded will not be defective under normal use, for a period of ninety (90) days from delivery. Symantec will replace any defective media returned to Symantec within the warranty period at no charge to You. The above warranty is inapplicable in the event the Licensed Software media becomes defective due to unauthorized use of the Licensed Software. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC�S BREACH OF THIS WARRANTY.
7.2. PERFORMANCE WARRANTY. Symantec warrants that the Licensed Software, as delivered by Symantec and when used in accordance with the Documentation, will substantially conform to the Documentation for a period of ninety (90) days from delivery. If the Licensed Software does not comply with this warranty and such non-compliance is reported by You to Symantec within the ninety (90) day warranty period, Symantec will do one of the following, selected at Symantec�s reasonable discretion: either (i) repair the Licensed Software, (ii) replace the Licensed Software with software of substantially the same functionality, or (iii) terminate this License Agreement and refund the relevant license fees paid for such non-compliant Licensed Software. The above warranty specifically excludes defects resulting from accident, abuse, unauthorized repair, modifications or enhancements, or misapplication. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC�S BREACH OF THIS WARRANTY.
8. WARRANTY DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WARRANTIES SET FORTH IN SECTIONS 7.1 AND 7.2 ARE YOUR EXCLUSIVE WARRANTIES AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. SYMANTEC MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OR USE OF THE LICENSED SOFTWARE, CONTENT UPDATES, AND UPGRADES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU MAY HAVE OTHER WARRANTY RIGHTS, WHICH MAY VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
9. 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 OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC�S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC�S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.
10. MAINTENANCE/SUPPORT. Symantec has no obligation under this License Agreement to provide maintenance/support for the Licensed Software. Any maintenance/support purchased for the Licensed Software is subject to Symantec�s then-current maintenance/support policies.
11. SOFTWARE EVALUATION. If the Licensed Software is provided to You for evaluation purposes and You have an evaluation agreement with Symantec for the Licensed Software, Your rights to evaluate the Licensed Software will be pursuant to the terms of such evaluation agreement. If You do not have an evaluation agreement with Symantec for the Licensed Software and if You are provided the Licensed Software for evaluation purposes, the following terms and conditions shall apply. Symantec grants to You a nonexclusive, temporary, royalty-free, non-assignable license to use the Licensed Software solely for internal non-production evaluation. Such evaluation license shall terminate (i) on the end date of the pre-determined evaluation period, if an evaluation period is pre-determined in the Licensed Software or (ii) sixty (60) days from the date of Your initial installation of the Licensed Software, if no such evaluation period is pre-determined in the Licensed Software (�Evaluation Period�). The Licensed Software may not be transferred and is provided �AS IS� without warranty of any kind. You are solely responsible to take appropriate measures to back up Your system and take other measures to prevent any loss of files or data. The Licensed Software may contain an automatic disabling mechanism that prevents its use after a certain period of time. Upon expiration of the Licensed Software Evaluation Period, You will cease use of the Licensed Software and destroy all copies of the Licensed Software. All other terms and conditions of this License Agreement shall otherwise apply to Your evaluation of the Licensed Software as permitted herein.
12. U.S. GOVERNMENT RESTRICTED RIGHTS. The Licensed 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 Licensed Software - Restricted Rights" and DFARS 227.7202, �Rights in Commercial Computer Licensed Software or Commercial Computer Licensed Software Documentation�, as applicable, and any successor regulations. Any use, modification, reproduction release, performance, display or disclosure of the Licensed Software by the U.S. Government shall be solely in accordance with the terms of this License Agreement.
13. 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. All Symantec products, including the Controlled Technology are prohibited for export or re-export to Cuba, North Korea, Iran, Syria and Sudan and to any country subject to relevant trade sanctions. You hereby agree that You will not export or sell any Controlled Technology for use in connection with chemical, biological, or nuclear weapons, or missiles, drones or space launch vehicles capable of delivering such weapons.
14. TERMINATION. This License Agreement shall terminate upon Your breach of any term contained herein. Upon termination, You shall immediately stop using and destroy all copies of the Licensed Software.
15. SURVIVAL. The following provisions of this License Agreement survive termination of this License Agreement: Definitions, License Restrictions and any other restrictions on use of intellectual property, Ownership/Title, Warranty Disclaimers, Limitation of Liability, U.S. Government Restricted Rights, Export Regulation, Survival, and General.
16. GENERAL.
16.1. ASSIGNMENT. 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.
16.2. COMPLIANCE WITH APPLICABLE LAW. You are solely responsible for Your compliance with, and You agree to comply with, all applicable laws, rules, and regulations in connection with Your use of the Licensed Software.
16.3. AUDIT. An auditor, selected by Symantec and reasonably acceptable to You, may, upon reasonable notice and during normal business hours, but not more often than once each year, inspect Your records and deployment in order to confirm that Your use of the Licensed Software complies with this License Agreement and the applicable License Instrument. Symantec shall bear the costs of any such audit, except where the audit demonstrates that the Manufacturer�s Suggested Reseller Price (MSRP) value of Your non-compliant usage exceeds five percent (5%) of the MSRP value of Your compliant deployments. In such case, in addition to purchasing appropriate licenses for any over-deployed Licensed Software, You shall reimburse Symantec for the auditor�s reasonable actual fees for such audit.
16.4. GOVERNING LAW; SEVERABILITY; WAIVER. 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.
16.5. 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.
16.6. CUSTOMER SERVICE. Should You have any questions concerning this License Agreement, or if You desire to contact Symantec for any reason, please write to: (i) Symantec Enterprise Customer Care, 555 International Way, Springfield, Oregon 97477, U.S.A., (ii) Symantec Enterprise Customer Care Center, PO BOX 5689, Dublin 15, Ireland, or (iii) Symantec Enterprise Customer Care, 1 Julius Ave, North Ryde, NSW 2113, Australia.
16.7. ENTIRE AGREEMENT. This License Agreement and any related License Instrument are the complete and exclusive agreement between You and Symantec relating to the Licensed Software and supersede any previous or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter. This License Agreement prevails over any conflicting or additional terms of any purchase order, ordering document, acknowledgement or confirmation or other document issued by You, even if signed and returned. This License Agreement may only be modified by a License Instrument that accompanies or follows this License Agreement.
17. ADDITIONAL TERMS AND CONDITIONS. Your use of the Licensed Software is subject to the terms and conditions below in addition to those stated above.
17.1 Definitions.
A. �License Certificate� includes a written communication issued by Symantec confirming Your license of the Licensed Software and that accompanies, precedes or follows this License Agreement.
B. �Maintenance Certificate� includes a written communication issued by Symantec confirming Your maintenance/support for the Licensed Software and that accompanies, precedes or follows this License Agreement.
17.2 Node License. Under the terms of a Node License, you may use the Licensed Software to manage an aggregate number of Nodes within your organization not to exceed the sum of your licensed nodal count. A �Node� is any asset under management by the Licensed Software. An asset is: (a) a physical device such as a computer, PDA, or server, (b) a virtual device, such as an operating environment that may be running concurrently with another operating environment on a single physical device (e.g., VMware*, Virtual PC*, Virtual Server*), or (c) an object stored by the Licensed Software in a database, such object representing a physical or virtual asset for which data is being tracked or managed by the Licensed Software (e.g., printer, copier, etc.). A Node License will be deemed consumed for a particular Licensed Software product once an asset (as defined above) has been managed by a particular Licensed Software product. An asset has been managed by a particular Licensed Software product once the Licensed Software product or portion of the Licensed Software product such as an agent has (i) been run locally on an asset, (ii) remotely interacted with and/or received a response from an asset, (iii) configured or changed a setting of or migrated settings to or from an asset, (iv) participated in the creation or deployment of a disk image or (v) otherwise performed any management functionality that such particular Licensed Software product has been designed to perform with respect to an asset. You must purchase a sufficient number of Node Licenses to cover all Node Licenses consumed by a particular Licensed Software product.
17.3 Microsoft WAIK. If the Licensed Software You have licensed includes the Microsoft Window Automated Installation Kit (the �Component�), the following uses and restrictions apply to the Component:
A. The Component contains Windows� software licensed from Microsoft Corporation. Microsoft Corporation has no liability to You for the Component. Any support for the Component will be provided by Symantec in accordance with Symantec�s then-current support guidelines.
B. Notwithstanding any other term of this Agreement, the Component is provided without warranty of any kind whatsoever and is licensed �As Is.�
Windows� is a registered trademark of Microsoft Corporation.
17.4 Linux Kernel. The Linux Kernel component is not governed by this License Agreement. If you choose to install and use the Linux Kernel, your use of that component will be subject to and governed by the terms of a separate license agreement, the GNU General Public License, version 2.0, reproduced below.
17.5 PRIVACY; DATA PROTECTION. From time to time, the Software may collect certain information from the computer on which it is installed, which may include system and storage configuration data including system IP addresses, and other general, statistical information for product administration and analysis, and for improving product functionality. This information is collected and stored on Your system and is not transmitted externally without first obtaining Your consent.
GLB ENT EULA TEMPLATE v1.0_Altiris Deployment Solution v7.1_11.12.09
]]>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
OPENING THE LICENSED SOFTWARE PACKAGE, BREAKING THE LICENSED SOFTWARE SEAL,
CLICKING THE “I AGREE” OR “YES” BUTTON, OR OTHERWISE INDICATING ASSENT
ELECTRONICALLY, OR LOADING THE LICENSED SOFTWARE 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 FURTHER USE OF THE LICENSED
SOFTWARE. UNLESS OTHERWISE DEFINED HEREIN, CAPITALIZED TERMS WILL HAVE THE
MEANING GIVEN IN THE “DEFINITIONS” SECTION OF THIS LICENSE AGREEMENT AND SUCH
CAPITALIZED TERMS MAY BE USED IN THE SINGULAR OR IN THE PLURAL, AS THE CONTEXT
REQUIRES.
1. DEFINITIONS.
“Content
Updates”
means content used by certain Symantec products which is updated from time to
time, including but not limited to: updated anti-spyware definitions for
anti-spyware products; updated antispam rules for antispam products; updated
virus definitions for antivirus and crimeware products; updated URL lists for
content filtering and antiphishing products; updated firewall rules for
firewall products; updated intrusion detection data for intrusion detection
products; updated lists of authenticated web pages for website authentication
products; updated policy compliance rules for policy compliance products; and updated
vulnerability signatures for vulnerability assessment products.
“Documentation” means the user documentation
Symantec provides with the Licensed Software.
“License
Instrument”
means one or more of the following applicable documents which further defines
Your license rights to the Licensed Software: a Symantec license certificate or
a similar license document issued by Symantec, or a written agreement between
You and Symantec, that accompanies, precedes or follows this License Agreement.
“Licensed
Software”
means the Symantec software product, in object code form, accompanying this
License Agreement, including any Documentation included in, or provided for use
with, such software or that accompanies this License Agreement.
“Support
Certificate”
means the certificate sent by Symantec confirming Your purchase of the applicable
Symantec maintenance/support for the Licensed Software.
“Upgrade” means any version of
the Licensed Software that has been released to the public and which replaces
the prior version of the Licensed Software on Symantec’s price list pursuant to
Symantec’s then-current upgrade policies.
“Use Level” means the license use
meter or model (which may include operating
system, hardware system, application or machine tier limitations, if
applicable) by which Symantec measures, prices and licenses the right to
use the Licensed Software, in effect at the time an order is placed for such
Licensed Software, as indicated in this License Agreement and the applicable
License Instrument.
2. LICENSE GRANT. Subject to Your compliance with the terms and
conditions of this License Agreement, Symantec grants to You the following
rights: (i) a non-exclusive, non-transferable (except as stated otherwise in
Section 16.1) license to use the Licensed Software solely in support of Your
internal business operations in the quantities and at the Use Levels described
in this License Agreement and the applicable License Instrument; and (ii) the
right to make a single uninstalled copy
of the Licensed Software for archival purposes which You may use and install
for disaster-recovery purposes (i.e. where the primary installation of the
Licensed Software becomes unavailable for use).
2.1 TERM. The term
of the Licensed Software license granted under this License Agreement shall be perpetual
(subject to Section 14) unless stated otherwise in Section 17 or unless You have obtained the Licensed
Software on a non-perpetual basis, such
as, under a subscription or term-based license for the period of time indicated
on the applicable License Instrument. If You have obtained the Licensed
Software on a non-perpetual basis, Your rights to use such Licensed Software shall
end on the applicable end date as indicated on the applicable License
Instrument and You shall cease use of the Licensed Software as of such
applicable end date.
3. 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; (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; (v) use of the Licensed Software by any party other than You; (vi) use of
a later version of the Licensed Software other than the version that
accompanies this License Agreement unless You have separately acquired the
right to use such later version through a License Instrument or Support Certificate;
nor (vii) use of the Licensed Software above the quantity and Use Level that
have been licensed to You under this License Agreement or the applicable
License Instrument.
4. OWNERSHIP/TITLE. The Licensed Software
is the proprietary property of Symantec or its licensors and is protected by
copyright law. 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.
5. CONTENT UPDATES. If You purchase a
Symantec maintenance/support offering consisting of or including Content
Updates, as indicated on Your Support Certificate, You are granted the right to
use, as part of the Licensed Software, such Content Updates as and when they
are made generally available to Symantec’s end user customers who have
purchased such maintenance/support offering and for such period of time as
indicated on the face of the applicable Support Certificate. This License Agreement
does not otherwise permit You to obtain and use Content Updates.
6. UPGRADES/CROSS-GRADES. Symantec reserves the right to require
that any upgrades (if any) of the Licensed Software may only be obtained in a
quantity equal to the number indicated on the applicable License Instrument. An
upgrade to an existing license shall not be deemed to increase the number of
licenses which You are authorized to use. Additionally, if You upgrade a Licensed
Software license, or purchase a Licensed Software license listed on the
applicable License Instrument to cross-grade an existing license (i.e. to
increase its functionality, and/or transfer it to a new operating system,
hardware tier or licensing meter), then Symantec issues the applicable Licensed
Instrument based on the understanding that You agree to cease using the
original license. Any such license upgrade or cross-grade is provided under
Symantec's policies in effect at the time of order. This License Agreement does
not separately license You for additional licenses beyond those which You have
purchased, and which have been authorized by Symantec as indicated on the
applicable License Instrument.
7. LIMITED WARRANTY.
7.1. MEDIA WARRANTY. If Symantec provides the
Licensed Software to You on tangible media, Symantec warrants that the magnetic
media upon which the Licensed Software is recorded will not be defective under
normal use, for a period of ninety (90) days from delivery. Symantec will
replace any defective media returned to Symantec within the warranty period at
no charge to You. The above warranty is inapplicable in the event the Licensed
Software media becomes defective due to unauthorized use of the Licensed
Software. THE FOREGOING IS YOUR SOLE AND
EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
7.2. PERFORMANCE WARRANTY. Symantec warrants
that the Licensed Software, as delivered by Symantec and when used in
accordance with the Documentation, will substantially conform to the
Documentation for a period of ninety (90) days from delivery. If the Licensed
Software does not comply with this warranty and such non-compliance is reported
by You to Symantec within the ninety (90) day warranty period, Symantec will do
one of the following, selected at Symantec’s reasonable discretion: either (i)
repair the Licensed Software, (ii) replace the Licensed Software with software
of substantially the same functionality, or (iii) terminate this License
Agreement and refund the relevant license fees paid for such non-compliant
Licensed Software. The above warranty specifically excludes defects resulting
from accident, abuse, unauthorized repair, modifications or enhancements, or
misapplication. THE FOREGOING IS YOUR
SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
8. WARRANTY DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE warranties
set forth in sections 7.1 and 7.2 are YOUR exclusive warranties AND ARE IN LIEU OF ALL
OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. SYMANTEC MAKES NO WARRANTIES OR REPRESENTATIONS THAT
THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES WILL MEET YOUR REQUIREMENTS
OR THAT OPERATION OR USE OF THE LICENSED SOFTWARE, CONTENT UPDATES, AND
UPGRADES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU MAY HAVE OTHER WARRANTY RIGHTS,
WHICH MAY VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
9. 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 OR
ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY
COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF
PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION,
LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR
ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL,
CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR
INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS,
SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL
SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING
RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR
LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE
OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE
DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR
NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.
10. MAINTENANCE/SUPPORT. Symantec has no
obligation under this License Agreement to provide maintenance/support for the
Licensed Software. Any maintenance/support purchased for the Licensed Software
is subject to Symantec’s then-current maintenance/support policies.
11. SOFTWARE EVALUATION. If the Licensed
Software is provided to You for evaluation purposes and You have an evaluation
agreement with Symantec for the Licensed Software, Your rights to evaluate the
Licensed Software will be pursuant to the terms of such evaluation agreement.
If You do not have an evaluation agreement with Symantec for the Licensed
Software and if You are provided the Licensed Software for evaluation purposes, the following terms and conditions shall
apply. Symantec
grants to You a nonexclusive, temporary, royalty-free, non-assignable license
to use the Licensed Software solely for internal non-production evaluation. Such
evaluation license shall terminate (i) on the end date of the pre-determined
evaluation period, if an evaluation period is pre-determined in the Licensed
Software or (ii) sixty (60) days from the date of Your initial installation of
the Licensed Software, if no such evaluation period is pre-determined in the
Licensed Software (“Evaluation Period”). The Licensed Software may not be transferred and is provided “AS
IS” without warranty of any kind. You are solely responsible to take
appropriate measures to back up Your system and take other measures to prevent
any loss of files or data. The Licensed Software may contain an automatic
disabling mechanism that prevents its use after a certain period of time. Upon
expiration of the Licensed Software Evaluation Period, You will cease use of
the Licensed Software and destroy all copies of the Licensed Software. All
other terms and conditions of this License Agreement shall otherwise apply to
Your evaluation of the Licensed Software as permitted herein.
12.
13. 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
14. TERMINATION. This License Agreement shall terminate upon Your breach of any term
contained herein. Upon termination, You shall immediately stop using and
destroy all copies of the Licensed Software.
15. SURVIVAL. The following provisions of
this License Agreement survive termination of this License Agreement: Definitions,
License Restrictions and any other restrictions on use of intellectual property,
Ownership/Title, Warranty Disclaimers, Limitation of Liability, U.S. Government
Restricted Rights, Export Regulation, Survival, and General.
16. GENERAL.
16.1. ASSIGNMENT. 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.
16.2. COMPLIANCE WITH APPLICABLE LAW. You
are solely responsible for Your compliance with, and You agree to comply with,
all applicable laws, rules, and regulations in connection with Your use of the
Licensed Software.
16.3. AUDIT. An auditor, selected by Symantec
and reasonably acceptable to You, may, upon reasonable notice and during normal
business hours, but not more often than once each year, inspect Your records
and deployment in order to confirm that Your use of the Licensed Software
complies with this License Agreement and the applicable License Instrument.
Symantec shall bear the costs of any such audit, except where the audit
demonstrates that the Manufacturer’s Suggested Reseller Price (MSRP) value of
Your non-compliant usage exceeds five percent (5%) of the MSRP value of Your
compliant deployments. In such case, in addition to purchasing appropriate
licenses for any over-deployed Licensed Software, You shall reimburse Symantec
for the auditor’s reasonable actual fees for such audit.
16.4. GOVERNING
LAW; SEVERABILITY; WAIVER. If You are located
in North America or Latin America, this License Agreement will be governed by
the laws of the State of
16.5. 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.
16.6. CUSTOMER SERVICE.
Should You have any questions concerning this License Agreement, or if You
desire to contact Symantec for any reason, please write to: (i) Symantec Enterprise
Customer Care, 555 International Way,
16.7. ENTIRE AGREEMENT. This License Agreement and any related License
Instrument are the complete and exclusive agreement between You and Symantec
relating to the Licensed Software and supersede any previous or contemporaneous
oral or written communications, proposals, and representations with respect to
its subject matter. This License Agreement prevails over any conflicting
or additional terms of any purchase order, ordering document, acknowledgement
or confirmation or other document issued by You, even if signed and returned. This License Agreement may only be modified by a
License Instrument that accompanies or follows this License Agreement.
17. ADDITIONAL
TERMS AND CONDITIONS. Your
use of the Licensed Software is subject to the terms and conditions below in
addition to those stated above.
17.1 Definitions.
A. License Certificate includes a written
communication issued by Symantec confirming Your license of the Licensed
Software and that accompanies, precedes or follows this License Agreement.
B. Maintenance Certificate includes a written
communication issued by Symantec confirming Your maintenance/support for the
Licensed Software and that accompanies, precedes or follows this License
Agreement.
17.2 Node
License. Under the terms of a Node
License, you may use the Licensed Software to manage an aggregate number of
Nodes within your organization not to exceed the sum of your licensed nodal
count. A “Node” is any asset under
management by the Licensed Software. An
asset is: (a) a physical device such as a computer, PDA, or server, (b) a
virtual device, such as an operating environment that may be running
concurrently with another operating environment on a single physical device
(e.g., VMware*, Virtual PC*, Virtual Server*), or (c) an object stored by the Licensed
Software in a database, such object representing a physical or virtual asset
for which data is being tracked or managed by the Licensed Software (e.g.,
printer, copier, etc.). A Node License will be deemed consumed for a particular
Licensed Software product once an asset (as defined above) has been managed by
a particular Software product. An asset has been managed by a particular Licensed
Software product once the Licensed Software product has (i) been run locally on
an asset, (ii) remotely interacted with and/or received a response from an
asset, (iii) configured or changed a setting of or migrated settings to or from
an asset, or (iv) otherwise performed any management functionality that such
particular Licensed Software product has been designed to perform with respect
to an asset. You must purchase a sufficient number of Node Licenses to cover
all Node Licenses consumed by a particular Licensed Software product.
GLB
ENT EULA TEMPLATE v1.0_ Altiris
Inventory Solution for Network Devices v7.0_030508
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
OPENING THE LICENSED SOFTWARE PACKAGE, BREAKING THE LICENSED SOFTWARE SEAL,
CLICKING THE “I AGREE” OR “YES” BUTTON, OR OTHERWISE INDICATING ASSENT
ELECTRONICALLY, OR LOADING THE LICENSED SOFTWARE 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 FURTHER USE OF THE LICENSED
SOFTWARE. UNLESS OTHERWISE DEFINED HEREIN, CAPITALIZED TERMS WILL HAVE THE
MEANING GIVEN IN THE “DEFINITIONS” SECTION OF THIS LICENSE AGREEMENT AND SUCH
CAPITALIZED TERMS MAY BE USED IN THE SINGULAR OR IN THE PLURAL, AS THE CONTEXT
REQUIRES.
1. DEFINITIONS.
“Content
Updates”
means content used by certain Symantec products which is updated from time to
time, including but not limited to: updated anti-spyware definitions for
anti-spyware products; updated antispam rules for antispam products; updated
virus definitions for antivirus and crimeware products; updated URL lists for
content filtering and antiphishing products; updated firewall rules for
firewall products; updated intrusion detection data for intrusion detection
products; updated lists of authenticated web pages for website authentication
products; updated policy compliance rules for policy compliance products; and updated
vulnerability signatures for vulnerability assessment products.
“Documentation” means the user documentation
Symantec provides with the Licensed Software.
“License
Instrument”
means one or more of the following applicable documents which further defines
Your license rights to the Licensed Software: a Symantec license certificate or
a similar license document issued by Symantec, or a written agreement between
You and Symantec, that accompanies, precedes or follows this License Agreement.
“Licensed
Software”
means the Symantec software product, in object code form, accompanying this
License Agreement, including any Documentation included in, or provided for use
with, such software or that accompanies this License Agreement.
“Support
Certificate”
means the certificate sent by Symantec confirming Your purchase of the applicable
Symantec maintenance/support for the Licensed Software.
“Upgrade” means any version of
the Licensed Software that has been released to the public and which replaces
the prior version of the Licensed Software on Symantec’s price list pursuant to
Symantec’s then-current upgrade policies.
“Use Level” means the license use
meter or model (which may include operating
system, hardware system, application or machine tier limitations, if
applicable) by which Symantec measures, prices and licenses the right to
use the Licensed Software, in effect at the time an order is placed for such
Licensed Software, as indicated in this License Agreement and the applicable
License Instrument.
2. LICENSE GRANT. Subject to Your compliance with the terms and
conditions of this License Agreement, Symantec grants to You the following
rights: (i) a non-exclusive, non-transferable (except as stated otherwise in
Section 16.1) license to use the Licensed Software solely in support of Your
internal business operations in the quantities and at the Use Levels described
in this License Agreement and the applicable License Instrument; and (ii) the
right to make a single uninstalled copy
of the Licensed Software for archival purposes which You may use and install
for disaster-recovery purposes (i.e. where the primary installation of the
Licensed Software becomes unavailable for use).
2.1 TERM. The term
of the Licensed Software license granted under this License Agreement shall be perpetual
(subject to Section 14) unless stated otherwise in Section 17 or unless You have obtained the Licensed
Software on a non-perpetual basis, such
as, under a subscription or term-based license for the period of time indicated
on the applicable License Instrument. If You have obtained the Licensed
Software on a non-perpetual basis, Your rights to use such Licensed Software shall
end on the applicable end date as indicated on the applicable License
Instrument and You shall cease use of the Licensed Software as of such
applicable end date.
3. 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; (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; (v) use of the Licensed Software by any party other than You; (vi) use of
a later version of the Licensed Software other than the version that
accompanies this License Agreement unless You have separately acquired the
right to use such later version through a License Instrument or Support Certificate;
nor (vii) use of the Licensed Software above the quantity and Use Level that
have been licensed to You under this License Agreement or the applicable
License Instrument.
4. OWNERSHIP/TITLE. The Licensed Software
is the proprietary property of Symantec or its licensors and is protected by
copyright law. 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.
5. CONTENT UPDATES. If You purchase a
Symantec maintenance/support offering consisting of or including Content
Updates, as indicated on Your Support Certificate, You are granted the right to
use, as part of the Licensed Software, such Content Updates as and when they
are made generally available to Symantec’s end user customers who have
purchased such maintenance/support offering and for such period of time as
indicated on the face of the applicable Support Certificate. This License Agreement
does not otherwise permit You to obtain and use Content Updates.
6. UPGRADES/CROSS-GRADES. Symantec reserves the right to require
that any upgrades (if any) of the Licensed Software may only be obtained in a
quantity equal to the number indicated on the applicable License Instrument. An
upgrade to an existing license shall not be deemed to increase the number of
licenses which You are authorized to use. Additionally, if You upgrade a Licensed
Software license, or purchase a Licensed Software license listed on the
applicable License Instrument to cross-grade an existing license (i.e. to
increase its functionality, and/or transfer it to a new operating system,
hardware tier or licensing meter), then Symantec issues the applicable Licensed
Instrument based on the understanding that You agree to cease using the
original license. Any such license upgrade or cross-grade is provided under
Symantec's policies in effect at the time of order. This License Agreement does
not separately license You for additional licenses beyond those which You have
purchased, and which have been authorized by Symantec as indicated on the
applicable License Instrument.
7. LIMITED WARRANTY.
7.1. MEDIA WARRANTY. If Symantec provides the
Licensed Software to You on tangible media, Symantec warrants that the magnetic
media upon which the Licensed Software is recorded will not be defective under
normal use, for a period of ninety (90) days from delivery. Symantec will
replace any defective media returned to Symantec within the warranty period at
no charge to You. The above warranty is inapplicable in the event the Licensed
Software media becomes defective due to unauthorized use of the Licensed
Software. THE FOREGOING IS YOUR SOLE AND
EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
7.2. PERFORMANCE WARRANTY. Symantec warrants
that the Licensed Software, as delivered by Symantec and when used in
accordance with the Documentation, will substantially conform to the
Documentation for a period of ninety (90) days from delivery. If the Licensed
Software does not comply with this warranty and such non-compliance is reported
by You to Symantec within the ninety (90) day warranty period, Symantec will do
one of the following, selected at Symantec’s reasonable discretion: either (i)
repair the Licensed Software, (ii) replace the Licensed Software with software
of substantially the same functionality, or (iii) terminate this License
Agreement and refund the relevant license fees paid for such non-compliant
Licensed Software. The above warranty specifically excludes defects resulting
from accident, abuse, unauthorized repair, modifications or enhancements, or
misapplication. THE FOREGOING IS YOUR
SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
8. WARRANTY DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE warranties
set forth in sections 7.1 and 7.2 are YOUR exclusive warranties AND ARE IN LIEU OF ALL
OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. SYMANTEC MAKES NO WARRANTIES OR REPRESENTATIONS THAT
THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES WILL MEET YOUR REQUIREMENTS
OR THAT OPERATION OR USE OF THE LICENSED SOFTWARE, CONTENT UPDATES, AND
UPGRADES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU MAY HAVE OTHER WARRANTY RIGHTS,
WHICH MAY VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
9. 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 OR
ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY
COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF
PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION,
LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR
ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL,
CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR
INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS,
SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL
SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING
RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR
LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE
OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE
DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR
NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.
10. MAINTENANCE/SUPPORT. Symantec has no
obligation under this License Agreement to provide maintenance/support for the
Licensed Software. Any maintenance/support purchased for the Licensed Software
is subject to Symantec’s then-current maintenance/support policies.
11. SOFTWARE EVALUATION. If the Licensed
Software is provided to You for evaluation purposes and You have an evaluation
agreement with Symantec for the Licensed Software, Your rights to evaluate the
Licensed Software will be pursuant to the terms of such evaluation agreement.
If You do not have an evaluation agreement with Symantec for the Licensed
Software and if You are provided the Licensed Software for evaluation purposes, the following terms and conditions shall
apply. Symantec
grants to You a nonexclusive, temporary, royalty-free, non-assignable license
to use the Licensed Software solely for internal non-production evaluation. Such
evaluation license shall terminate (i) on the end date of the pre-determined
evaluation period, if an evaluation period is pre-determined in the Licensed
Software or (ii) sixty (60) days from the date of Your initial installation of
the Licensed Software, if no such evaluation period is pre-determined in the
Licensed Software (“Evaluation Period”). The Licensed Software may not be transferred and is provided “AS
IS” without warranty of any kind. You are solely responsible to take
appropriate measures to back up Your system and take other measures to prevent
any loss of files or data. The Licensed Software may contain an automatic
disabling mechanism that prevents its use after a certain period of time. Upon
expiration of the Licensed Software Evaluation Period, You will cease use of
the Licensed Software and destroy all copies of the Licensed Software. All
other terms and conditions of this License Agreement shall otherwise apply to
Your evaluation of the Licensed Software as permitted herein.
12.
13. 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
14. TERMINATION. This License Agreement shall terminate upon Your breach of any term
contained herein. Upon termination, You shall immediately stop using and
destroy all copies of the Licensed Software.
15. SURVIVAL. The following provisions of
this License Agreement survive termination of this License Agreement: Definitions,
License Restrictions and any other restrictions on use of intellectual property,
Ownership/Title, Warranty Disclaimers, Limitation of Liability, U.S. Government
Restricted Rights, Export Regulation, Survival, and General.
16. GENERAL.
16.1. ASSIGNMENT. 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.
16.2. COMPLIANCE WITH APPLICABLE LAW. You
are solely responsible for Your compliance with, and You agree to comply with,
all applicable laws, rules, and regulations in connection with Your use of the
Licensed Software.
16.3. AUDIT. An auditor, selected by Symantec
and reasonably acceptable to You, may, upon reasonable notice and during normal
business hours, but not more often than once each year, inspect Your records
and deployment in order to confirm that Your use of the Licensed Software
complies with this License Agreement and the applicable License Instrument.
Symantec shall bear the costs of any such audit, except where the audit
demonstrates that the Manufacturer’s Suggested Reseller Price (MSRP) value of
Your non-compliant usage exceeds five percent (5%) of the MSRP value of Your
compliant deployments. In such case, in addition to purchasing appropriate
licenses for any over-deployed Licensed Software, You shall reimburse Symantec
for the auditor’s reasonable actual fees for such audit.
16.4. GOVERNING
LAW; SEVERABILITY; WAIVER. If You are located
in North America or Latin America, this License Agreement will be governed by
the laws of the State of
16.5. 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.
16.6. CUSTOMER SERVICE.
Should You have any questions concerning this License Agreement, or if You
desire to contact Symantec for any reason, please write to: (i) Symantec Enterprise
Customer Care, 555 International Way,
16.7. ENTIRE AGREEMENT. This License Agreement and any related License
Instrument are the complete and exclusive agreement between You and Symantec
relating to the Licensed Software and supersede any previous or contemporaneous
oral or written communications, proposals, and representations with respect to
its subject matter. This License Agreement prevails over any conflicting
or additional terms of any purchase order, ordering document, acknowledgement
or confirmation or other document issued by You, even if signed and returned. This License Agreement may only be modified by a
License Instrument that accompanies or follows this License Agreement.
17. ADDITIONAL
TERMS AND CONDITIONS. Your
use of the Licensed Software is subject to the terms and conditions below in
addition to those stated above.
17.1 Definitions.
A. License Certificate includes a written
communication issued by Symantec confirming Your license of the Licensed
Software and that accompanies, precedes or follows this License Agreement.
B. Maintenance Certificate includes a written
communication issued by Symantec confirming Your maintenance/support for the
Licensed Software and that accompanies, precedes or follows this License
Agreement.
C.
Node
License. Under
the terms of a Node License, you may use the Licensed Software to manage an
aggregate
number
of Nodes within your organization not to exceed the sum of your licensed nodal
count. A “Node” is any asset under
management by the Licensed Software. An
asset is: (a) a physical device such as a computer, PDA, or server, (b) a
virtual device, such as an operating environment that may be running
concurrently with another operating environment on a single physical device
(e.g., VMware*, Virtual PC*, Virtual Server*), or (c) an object stored by the Licensed
Software in a database, such object representing a physical or virtual asset
for which data is being tracked or managed by the Licensed Software (e.g.,
printer, copier, etc.). A Node License will be deemed consumed for a particular
Licensed Software product once an asset (as defined above) has been managed by
a particular Software product. An asset has been managed by a particular Licensed
Software product once the Licensed Software product has (i) been run locally on
an asset, (ii) remotely interacted with and/or received a response from an
asset, (iii) configured or changed a setting of or migrated settings to or from
an asset, or (iv) otherwise performed any management functionality that such particular
Licensed Software product has been designed to perform with respect to an
asset. You must purchase a sufficient number of Node Licenses to cover all Node
Licenses consumed by a particular Licensed Software product.
GLB
ENT EULA TEMPLATE v1.0_Altiris Inventory Pack for Servers v 7.0_060908
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
OPENING THE LICENSED SOFTWARE PACKAGE, BREAKING THE LICENSED SOFTWARE SEAL,
CLICKING THE “I AGREE” OR “YES” BUTTON, OR OTHERWISE INDICATING ASSENT
ELECTRONICALLY, OR LOADING THE LICENSED SOFTWARE 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 FURTHER USE OF THE LICENSED
SOFTWARE. UNLESS OTHERWISE DEFINED HEREIN, CAPITALIZED TERMS WILL HAVE THE
MEANING GIVEN IN THE “DEFINITIONS” SECTION OF THIS LICENSE AGREEMENT AND SUCH
CAPITALIZED TERMS MAY BE USED IN THE SINGULAR OR IN THE PLURAL, AS THE CONTEXT
REQUIRES.
1. DEFINITIONS.
“Content
Updates”
means content used by certain Symantec products which is updated from time to
time, including but not limited to: updated anti-spyware definitions for
anti-spyware products; updated antispam rules for antispam products; updated
virus definitions for antivirus and crimeware products; updated URL lists for
content filtering and antiphishing products; updated firewall rules for
firewall products; updated intrusion detection data for intrusion detection
products; updated lists of authenticated web pages for website authentication
products; updated policy compliance rules for policy compliance products; and updated
vulnerability signatures for vulnerability assessment products.
“Documentation” means the user documentation
Symantec provides with the Licensed Software.
“License
Instrument”
means one or more of the following applicable documents which further defines
Your license rights to the Licensed Software: a Symantec license certificate or
a similar license document issued by Symantec, or a written agreement between
You and Symantec, that accompanies, precedes or follows this License Agreement.
“Licensed
Software”
means the Symantec software product, in object code form, accompanying this
License Agreement, including any Documentation included in, or provided for use
with, such software or that accompanies this License Agreement.
“Support
Certificate”
means the certificate sent by Symantec confirming Your purchase of the applicable
Symantec maintenance/support for the Licensed Software.
“Upgrade” means any version of
the Licensed Software that has been released to the public and which replaces
the prior version of the Licensed Software on Symantec’s price list pursuant to
Symantec’s then-current upgrade policies.
“Use Level” means the license use
meter or model (which may include operating
system, hardware system, application or machine tier limitations, if
applicable) by which Symantec measures, prices and licenses the right to
use the Licensed Software, in effect at the time an order is placed for such
Licensed Software, as indicated in this License Agreement and the applicable
License Instrument.
2. LICENSE GRANT. Subject to Your compliance with the terms and
conditions of this License Agreement, Symantec grants to You the following
rights: (i) a non-exclusive, non-transferable (except as stated otherwise in
Section 16.1) license to use the Licensed Software solely in support of Your
internal business operations in the quantities and at the Use Levels described
in this License Agreement and the applicable License Instrument; and (ii) the
right to make a single uninstalled copy
of the Licensed Software for archival purposes which You may use and install
for disaster-recovery purposes (i.e. where the primary installation of the
Licensed Software becomes unavailable for use).
2.1 TERM. The term
of the Licensed Software license granted under this License Agreement shall be perpetual
(subject to Section 14) unless stated otherwise in Section 17 or unless You have obtained the Licensed
Software on a non-perpetual basis, such
as, under a subscription or term-based license for the period of time indicated
on the applicable License Instrument. If You have obtained the Licensed
Software on a non-perpetual basis, Your rights to use such Licensed Software shall
end on the applicable end date as indicated on the applicable License
Instrument and You shall cease use of the Licensed Software as of such
applicable end date.
3. 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; (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; (v) use of the Licensed Software by any party other than You; (vi) use of
a later version of the Licensed Software other than the version that
accompanies this License Agreement unless You have separately acquired the
right to use such later version through a License Instrument or Support Certificate;
nor (vii) use of the Licensed Software above the quantity and Use Level that
have been licensed to You under this License Agreement or the applicable
License Instrument.
4. OWNERSHIP/TITLE. The Licensed Software
is the proprietary property of Symantec or its licensors and is protected by
copyright law. 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.
5. CONTENT UPDATES. If You purchase a
Symantec maintenance/support offering consisting of or including Content
Updates, as indicated on Your Support Certificate, You are granted the right to
use, as part of the Licensed Software, such Content Updates as and when they
are made generally available to Symantec’s end user customers who have
purchased such maintenance/support offering and for such period of time as
indicated on the face of the applicable Support Certificate. This License Agreement
does not otherwise permit You to obtain and use Content Updates.
6. UPGRADES/CROSS-GRADES. Symantec reserves the right to require
that any upgrades (if any) of the Licensed Software may only be obtained in a
quantity equal to the number indicated on the applicable License Instrument. An
upgrade to an existing license shall not be deemed to increase the number of
licenses which You are authorized to use. Additionally, if You upgrade a Licensed
Software license, or purchase a Licensed Software license listed on the
applicable License Instrument to cross-grade an existing license (i.e. to
increase its functionality, and/or transfer it to a new operating system,
hardware tier or licensing meter), then Symantec issues the applicable Licensed
Instrument based on the understanding that You agree to cease using the
original license. Any such license upgrade or cross-grade is provided under
Symantec's policies in effect at the time of order. This License Agreement does
not separately license You for additional licenses beyond those which You have
purchased, and which have been authorized by Symantec as indicated on the
applicable License Instrument.
7. LIMITED WARRANTY.
7.1. MEDIA WARRANTY. If Symantec provides the
Licensed Software to You on tangible media, Symantec warrants that the magnetic
media upon which the Licensed Software is recorded will not be defective under
normal use, for a period of ninety (90) days from delivery. Symantec will
replace any defective media returned to Symantec within the warranty period at
no charge to You. The above warranty is inapplicable in the event the Licensed
Software media becomes defective due to unauthorized use of the Licensed
Software. THE FOREGOING IS YOUR SOLE AND
EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
7.2. PERFORMANCE WARRANTY. Symantec warrants
that the Licensed Software, as delivered by Symantec and when used in
accordance with the Documentation, will substantially conform to the
Documentation for a period of ninety (90) days from delivery. If the Licensed
Software does not comply with this warranty and such non-compliance is reported
by You to Symantec within the ninety (90) day warranty period, Symantec will do
one of the following, selected at Symantec’s reasonable discretion: either (i)
repair the Licensed Software, (ii) replace the Licensed Software with software
of substantially the same functionality, or (iii) terminate this License
Agreement and refund the relevant license fees paid for such non-compliant
Licensed Software. The above warranty specifically excludes defects resulting
from accident, abuse, unauthorized repair, modifications or enhancements, or
misapplication. THE FOREGOING IS YOUR
SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
8. WARRANTY DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE warranties
set forth in sections 7.1 and 7.2 are YOUR exclusive warranties AND ARE IN LIEU OF ALL
OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. SYMANTEC MAKES NO WARRANTIES OR REPRESENTATIONS THAT
THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES WILL MEET YOUR REQUIREMENTS
OR THAT OPERATION OR USE OF THE LICENSED SOFTWARE, CONTENT UPDATES, AND
UPGRADES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU MAY HAVE OTHER WARRANTY RIGHTS,
WHICH MAY VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
9. 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 OR
ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY
COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF
PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION,
LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR
ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL,
CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR
INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS,
SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL
SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING
RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR
LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE
OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE
DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR
NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.
10. MAINTENANCE/SUPPORT. Symantec has no
obligation under this License Agreement to provide maintenance/support for the
Licensed Software. Any maintenance/support purchased for the Licensed Software
is subject to Symantec’s then-current maintenance/support policies.
11. SOFTWARE EVALUATION. If the Licensed
Software is provided to You for evaluation purposes and You have an evaluation
agreement with Symantec for the Licensed Software, Your rights to evaluate the
Licensed Software will be pursuant to the terms of such evaluation agreement.
If You do not have an evaluation agreement with Symantec for the Licensed
Software and if You are provided the Licensed Software for evaluation purposes, the following terms and conditions shall
apply. Symantec
grants to You a nonexclusive, temporary, royalty-free, non-assignable license
to use the Licensed Software solely for internal non-production evaluation. Such
evaluation license shall terminate (i) on the end date of the pre-determined
evaluation period, if an evaluation period is pre-determined in the Licensed
Software or (ii) sixty (60) days from the date of Your initial installation of
the Licensed Software, if no such evaluation period is pre-determined in the
Licensed Software (“Evaluation Period”). The Licensed Software may not be transferred and is provided “AS
IS” without warranty of any kind. You are solely responsible to take
appropriate measures to back up Your system and take other measures to prevent
any loss of files or data. The Licensed Software may contain an automatic
disabling mechanism that prevents its use after a certain period of time. Upon
expiration of the Licensed Software Evaluation Period, You will cease use of
the Licensed Software and destroy all copies of the Licensed Software. All
other terms and conditions of this License Agreement shall otherwise apply to
Your evaluation of the Licensed Software as permitted herein.
12.
13. 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
14. TERMINATION. This License Agreement shall terminate upon Your breach of any term
contained herein. Upon termination, You shall immediately stop using and
destroy all copies of the Licensed Software.
15. SURVIVAL. The following provisions of
this License Agreement survive termination of this License Agreement: Definitions,
License Restrictions and any other restrictions on use of intellectual property,
Ownership/Title, Warranty Disclaimers, Limitation of Liability, U.S. Government
Restricted Rights, Export Regulation, Survival, and General.
16. GENERAL.
16.1. ASSIGNMENT. 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.
16.2. COMPLIANCE WITH APPLICABLE LAW. You
are solely responsible for Your compliance with, and You agree to comply with,
all applicable laws, rules, and regulations in connection with Your use of the
Licensed Software.
16.3. AUDIT. An auditor, selected by Symantec
and reasonably acceptable to You, may, upon reasonable notice and during normal
business hours, but not more often than once each year, inspect Your records
and deployment in order to confirm that Your use of the Licensed Software
complies with this License Agreement and the applicable License Instrument.
Symantec shall bear the costs of any such audit, except where the audit
demonstrates that the Manufacturer’s Suggested Reseller Price (MSRP) value of
Your non-compliant usage exceeds five percent (5%) of the MSRP value of Your
compliant deployments. In such case, in addition to purchasing appropriate
licenses for any over-deployed Licensed Software, You shall reimburse Symantec
for the auditor’s reasonable actual fees for such audit.
16.4. GOVERNING
LAW; SEVERABILITY; WAIVER. If You are located
in North America or Latin America, this License Agreement will be governed by
the laws of the State of
16.5. 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.
16.6. CUSTOMER SERVICE.
Should You have any questions concerning this License Agreement, or if You
desire to contact Symantec for any reason, please write to: (i) Symantec Enterprise
Customer Care, 555 International Way,
16.7. ENTIRE AGREEMENT. This License Agreement and any related License
Instrument are the complete and exclusive agreement between You and Symantec
relating to the Licensed Software and supersede any previous or contemporaneous
oral or written communications, proposals, and representations with respect to
its subject matter. This License Agreement prevails over any conflicting
or additional terms of any purchase order, ordering document, acknowledgement
or confirmation or other document issued by You, even if signed and returned. This License Agreement may only be modified by a
License Instrument that accompanies or follows this License Agreement.
17. ADDITIONAL
TERMS AND CONDITIONS. Your
use of the Licensed Software is subject to the terms and conditions below in
addition to those stated above.
17.1 Definitions.
A. License Certificate includes a written
communication issued by Symantec confirming Your license of the Licensed
Software and that accompanies, precedes or follows this License Agreement.
B. Maintenance Certificate includes a written
communication issued by Symantec confirming Your maintenance/support for the
Licensed Software and that accompanies, precedes or follows this License
Agreement.
17.2 Per
Device License. Under the terms of a
Per Device License, you may use and distribute within your organization an
unrestricted number of copies of the Licensed Software, provided that the aggregate
number of devices used with the Licensed Software does not exceed the number of
Per Device license units purchased by you.
GLB
ENT EULA TEMPLATE v1.0_Altiris Inventory Solution v7.0_0108087
About Microsoft ADOMD.NET 9.0
ADOMD.NET is a Microsoft .NET Framework object model that enables software developers to create client-side applications that browse metadata and query data stored in Microsoft SQL Server Analysis Services. ADOMD.NET is a Microsoft ADO.NET provider with enhancements for online analytical processing (OLAP) and data mining.
The SQL 2005 driver is the correct driver to install even if you are currently running SQL 2008. To install ADOMD.NET 9.0 click the download link for the file named "SQLServer2005_ADOMD_x64.msi".
About Microsoft ReportViewer
Microsoft Report Viewer control enables applications that run on the .NET Framework to display reports designed using Microsoft reporting technology. All IT Analytics reports run using this control. As a result if this control is not installed on the server IT Analytics reports will not function properly.
About Symantec Installation Manager Requirements
An upgrade to the latest version of Symantec Installation Manager is required to continue. To install the latest version of Symantec Installation Manager, return to the Install New Products page. On this page, select the latest version of Symantec Installation Manager and proceed with the installation.
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
OPENING THE LICENSED SOFTWARE PACKAGE, BREAKING THE LICENSED SOFTWARE SEAL,
CLICKING THE “I AGREE” OR “YES” BUTTON, OR OTHERWISE INDICATING ASSENT
ELECTRONICALLY, OR LOADING THE LICENSED SOFTWARE 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 FURTHER USE OF THE LICENSED
SOFTWARE. UNLESS OTHERWISE DEFINED HEREIN, CAPITALIZED TERMS WILL HAVE THE
MEANING GIVEN IN THE “DEFINITIONS” SECTION OF THIS LICENSE AGREEMENT AND SUCH
CAPITALIZED TERMS MAY BE USED IN THE SINGULAR OR IN THE PLURAL, AS THE CONTEXT
REQUIRES.
1. DEFINITIONS.
“Content
Updates”
means content used by certain Symantec products which is updated from time to
time, including but not limited to: updated anti-spyware definitions for
anti-spyware products; updated antispam rules for antispam products; updated
virus definitions for antivirus and crimeware products; updated URL lists for
content filtering and antiphishing products; updated firewall rules for
firewall products; updated intrusion detection data for intrusion detection
products; updated lists of authenticated web pages for website authentication
products; updated policy compliance rules for policy compliance products; and updated
vulnerability signatures for vulnerability assessment products.
“Documentation” means the user documentation
Symantec provides with the Licensed Software.
“License
Instrument”
means one or more of the following applicable documents which further defines
Your license rights to the Licensed Software: a Symantec license certificate or
a similar license document issued by Symantec, or a written agreement between
You and Symantec, that accompanies, precedes or follows this License Agreement.
“Licensed
Software”
means the Symantec software product, in object code form, accompanying this
License Agreement, including any Documentation included in, or provided for use
with, such software or that accompanies this License Agreement.
“Support
Certificate”
means the certificate sent by Symantec confirming Your purchase of the applicable
Symantec maintenance/support for the Licensed Software.
“Upgrade” means any version of
the Licensed Software that has been released to the public and which replaces
the prior version of the Licensed Software on Symantec’s price list pursuant to
Symantec’s then-current upgrade policies.
“Use Level” means the license use
meter or model (which may include operating
system, hardware system, application or machine tier limitations, if
applicable) by which Symantec measures, prices and licenses the right to
use the Licensed Software, in effect at the time an order is placed for such
Licensed Software, as indicated in this License Agreement and the applicable
License Instrument.
2. LICENSE GRANT. Subject to Your compliance with the terms and
conditions of this License Agreement, Symantec grants to You the following
rights: (i) a non-exclusive, non-transferable (except as stated otherwise in
Section 16.1) license to use the Licensed Software solely in support of Your
internal business operations in the quantities and at the Use Levels described
in this License Agreement and the applicable License Instrument; and (ii) the
right to make a single uninstalled copy
of the Licensed Software for archival purposes which You may use and install
for disaster-recovery purposes (i.e. where the primary installation of the
Licensed Software becomes unavailable for use).
2.1 TERM. The term
of the Licensed Software license granted under this License Agreement shall be perpetual
(subject to Section 14) unless stated otherwise in Section 17 or unless You have obtained the Licensed
Software on a non-perpetual basis, such
as, under a subscription or term-based license for the period of time indicated
on the applicable License Instrument. If You have obtained the Licensed
Software on a non-perpetual basis, Your rights to use such Licensed Software shall
end on the applicable end date as indicated on the applicable License
Instrument and You shall cease use of the Licensed Software as of such
applicable end date.
3. 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; (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; (v) use of the Licensed Software by any party other than You; (vi) use of
a later version of the Licensed Software other than the version that
accompanies this License Agreement unless You have separately acquired the
right to use such later version through a License Instrument or Support Certificate;
nor (vii) use of the Licensed Software above the quantity and Use Level that
have been licensed to You under this License Agreement or the applicable
License Instrument.
4. OWNERSHIP/TITLE. The Licensed Software
is the proprietary property of Symantec or its licensors and is protected by
copyright law. 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.
5. CONTENT UPDATES. If You purchase a
Symantec maintenance/support offering consisting of or including Content
Updates, as indicated on Your Support Certificate, You are granted the right to
use, as part of the Licensed Software, such Content Updates as and when they
are made generally available to Symantec’s end user customers who have
purchased such maintenance/support offering and for such period of time as
indicated on the face of the applicable Support Certificate. This License Agreement
does not otherwise permit You to obtain and use Content Updates.
6. UPGRADES/CROSS-GRADES. Symantec reserves the right to require
that any upgrades (if any) of the Licensed Software may only be obtained in a
quantity equal to the number indicated on the applicable License Instrument. An
upgrade to an existing license shall not be deemed to increase the number of
licenses which You are authorized to use. Additionally, if You upgrade a Licensed
Software license, or purchase a Licensed Software license listed on the
applicable License Instrument to cross-grade an existing license (i.e. to
increase its functionality, and/or transfer it to a new operating system,
hardware tier or licensing meter), then Symantec issues the applicable Licensed
Instrument based on the understanding that You agree to cease using the
original license. Any such license upgrade or cross-grade is provided under
Symantec's policies in effect at the time of order. This License Agreement does
not separately license You for additional licenses beyond those which You have
purchased, and which have been authorized by Symantec as indicated on the
applicable License Instrument.
7. LIMITED WARRANTY.
7.1. MEDIA WARRANTY. If Symantec provides the
Licensed Software to You on tangible media, Symantec warrants that the magnetic
media upon which the Licensed Software is recorded will not be defective under
normal use, for a period of ninety (90) days from delivery. Symantec will
replace any defective media returned to Symantec within the warranty period at
no charge to You. The above warranty is inapplicable in the event the Licensed
Software media becomes defective due to unauthorized use of the Licensed
Software. THE FOREGOING IS YOUR SOLE AND
EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
7.2. PERFORMANCE WARRANTY. Symantec warrants
that the Licensed Software, as delivered by Symantec and when used in
accordance with the Documentation, will substantially conform to the
Documentation for a period of ninety (90) days from delivery. If the Licensed
Software does not comply with this warranty and such non-compliance is reported
by You to Symantec within the ninety (90) day warranty period, Symantec will do
one of the following, selected at Symantec’s reasonable discretion: either (i)
repair the Licensed Software, (ii) replace the Licensed Software with software
of substantially the same functionality, or (iii) terminate this License
Agreement and refund the relevant license fees paid for such non-compliant
Licensed Software. The above warranty specifically excludes defects resulting
from accident, abuse, unauthorized repair, modifications or enhancements, or
misapplication. THE FOREGOING IS YOUR
SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
8. WARRANTY DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE warranties
set forth in sections 7.1 and 7.2 are YOUR exclusive warranties AND ARE IN LIEU OF ALL
OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. SYMANTEC MAKES NO WARRANTIES OR REPRESENTATIONS THAT
THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES WILL MEET YOUR REQUIREMENTS
OR THAT OPERATION OR USE OF THE LICENSED SOFTWARE, CONTENT UPDATES, AND
UPGRADES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU MAY HAVE OTHER WARRANTY RIGHTS,
WHICH MAY VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
9. 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 OR
ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY
COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF
PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION,
LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR
ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL,
CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR
INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS,
SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL
SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING
RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR
LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE
OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE
DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR
NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.
10. MAINTENANCE/SUPPORT. Symantec has no
obligation under this License Agreement to provide maintenance/support for the
Licensed Software. Any maintenance/support purchased for the Licensed Software
is subject to Symantec’s then-current maintenance/support policies.
11. SOFTWARE EVALUATION. If the Licensed
Software is provided to You for evaluation purposes and You have an evaluation
agreement with Symantec for the Licensed Software, Your rights to evaluate the
Licensed Software will be pursuant to the terms of such evaluation agreement.
If You do not have an evaluation agreement with Symantec for the Licensed
Software and if You are provided the Licensed Software for evaluation purposes, the following terms and conditions shall
apply. Symantec
grants to You a nonexclusive, temporary, royalty-free, non-assignable license
to use the Licensed Software solely for internal non-production evaluation. Such
evaluation license shall terminate (i) on the end date of the pre-determined
evaluation period, if an evaluation period is pre-determined in the Licensed
Software or (ii) sixty (60) days from the date of Your initial installation of
the Licensed Software, if no such evaluation period is pre-determined in the
Licensed Software (“Evaluation Period”). The Licensed Software may not be transferred and is provided “AS
IS” without warranty of any kind. You are solely responsible to take
appropriate measures to back up Your system and take other measures to prevent
any loss of files or data. The Licensed Software may contain an automatic
disabling mechanism that prevents its use after a certain period of time. Upon
expiration of the Licensed Software Evaluation Period, You will cease use of
the Licensed Software and destroy all copies of the Licensed Software. All
other terms and conditions of this License Agreement shall otherwise apply to
Your evaluation of the Licensed Software as permitted herein.
12.
13. 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
14. TERMINATION. This License Agreement shall terminate upon Your breach of any term
contained herein. Upon termination, You shall immediately stop using and
destroy all copies of the Licensed Software.
15. SURVIVAL. The following provisions of
this License Agreement survive termination of this License Agreement: Definitions,
License Restrictions and any other restrictions on use of intellectual property,
Ownership/Title, Warranty Disclaimers, Limitation of Liability, U.S. Government
Restricted Rights, Export Regulation, Survival, and General.
16. GENERAL.
16.1. ASSIGNMENT. 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.
16.2. COMPLIANCE WITH APPLICABLE LAW. You
are solely responsible for Your compliance with, and You agree to comply with,
all applicable laws, rules, and regulations in connection with Your use of the
Licensed Software.
16.3. AUDIT. An auditor, selected by Symantec
and reasonably acceptable to You, may, upon reasonable notice and during normal
business hours, but not more often than once each year, inspect Your records
and deployment in order to confirm that Your use of the Licensed Software
complies with this License Agreement and the applicable License Instrument.
Symantec shall bear the costs of any such audit, except where the audit
demonstrates that the Manufacturer’s Suggested Reseller Price (MSRP) value of
Your non-compliant usage exceeds five percent (5%) of the MSRP value of Your
compliant deployments. In such case, in addition to purchasing appropriate
licenses for any over-deployed Licensed Software, You shall reimburse Symantec
for the auditor’s reasonable actual fees for such audit.
16.4. GOVERNING
LAW; SEVERABILITY; WAIVER. If You are located
in North America or Latin America, this License Agreement will be governed by
the laws of the State of
16.5. 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.
16.6. CUSTOMER SERVICE.
Should You have any questions concerning this License Agreement, or if You
desire to contact Symantec for any reason, please write to: (i) Symantec Enterprise
Customer Care, 555 International Way,
16.7. ENTIRE AGREEMENT. This License Agreement and any related License
Instrument are the complete and exclusive agreement between You and Symantec
relating to the Licensed Software and supersede any previous or contemporaneous
oral or written communications, proposals, and representations with respect to
its subject matter. This License Agreement prevails over any conflicting
or additional terms of any purchase order, ordering document, acknowledgement
or confirmation or other document issued by You, even if signed and returned. This License Agreement may only be modified by a
License Instrument that accompanies or follows this License Agreement.
17. ADDITIONAL
TERMS AND CONDITIONS. Your
use of the Licensed Software is subject to the terms and conditions below in
addition to those stated above.
17.1 Definitions.
A. “License Certificate” includes a
written communication issued by Symantec confirming Your license of the
Licensed Software and that accompanies, precedes or follows this License
Agreement.
B. “Maintenance Certificate” includes a
written communication issued by Symantec confirming Your maintenance/support
for the Licensed Software and that accompanies, precedes or follows this
License Agreement.
17.2 Node
License. Under the terms of a Node
License, you may use the Licensed Software to manage an aggregate number of
Nodes within your organization not to exceed the sum of your licensed nodal
count. A “Node” is any asset under
management by the Licensed Software. An
asset is: (a) a physical device such as a computer, PDA, or server, (b) a
virtual device, such as an operating environment that may be running
concurrently with another operating environment on a single physical device
(e.g., VMware*, Virtual PC*, Virtual Server*), or (c) an object stored by the Licensed
Software in a database, such object representing a physical or virtual asset
for which data is being tracked or managed by the Licensed Software (e.g.,
printer, copier, etc.). A Node License will be deemed consumed for a particular
Licensed Software product once an asset (as defined above) has been managed by
a particular Software product. An asset has been managed by a particular Licensed
Software product once the Licensed Software product has (i) been run locally on
an asset, (ii) remotely interacted with and/or received a response from an
asset, (iii) configured or changed a setting of or migrated settings to or from
an asset, or (iv) otherwise performed any management functionality that such
particular Licensed Software product has been designed to perform with respect
to an asset. You must purchase a sufficient number of Node Licenses to cover
all Node Licenses consumed by a particular Licensed Software product.
GLB
ENT EULA TEMPLATE v1.0_Altiris Monitor Solution v7.0_012808
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
OPENING THE LICENSED SOFTWARE PACKAGE, BREAKING THE LICENSED SOFTWARE SEAL,
CLICKING THE “I AGREE” OR “YES” BUTTON, OR OTHERWISE INDICATING ASSENT
ELECTRONICALLY, OR LOADING THE LICENSED SOFTWARE 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 FURTHER USE OF THE LICENSED
SOFTWARE. UNLESS OTHERWISE DEFINED HEREIN, CAPITALIZED TERMS WILL HAVE THE
MEANING GIVEN IN THE “DEFINITIONS” SECTION OF THIS LICENSE AGREEMENT AND SUCH
CAPITALIZED TERMS MAY BE USED IN THE SINGULAR OR IN THE PLURAL, AS THE CONTEXT
REQUIRES.
1. DEFINITIONS.
“Content
Updates”
means content used by certain Symantec products which is updated from time to
time, including but not limited to: updated anti-spyware definitions for
anti-spyware products; updated antispam rules for antispam products; updated
virus definitions for antivirus and crimeware products; updated URL lists for
content filtering and antiphishing products; updated firewall rules for
firewall products; updated intrusion detection data for intrusion detection
products; updated lists of authenticated web pages for website authentication
products; updated policy compliance rules for policy compliance products; and updated
vulnerability signatures for vulnerability assessment products.
“Documentation” means the user documentation
Symantec provides with the Licensed Software.
“License
Instrument”
means one or more of the following applicable documents which further defines
Your license rights to the Licensed Software: a Symantec license certificate or
a similar license document issued by Symantec, or a written agreement between
You and Symantec, that accompanies, precedes or follows this License Agreement.
“Licensed
Software”
means the Symantec software product, in object code form, accompanying this
License Agreement, including any Documentation included in, or provided for use
with, such software or that accompanies this License Agreement.
“Support
Certificate”
means the certificate sent by Symantec confirming Your purchase of the applicable
Symantec maintenance/support for the Licensed Software.
“Upgrade” means any version of
the Licensed Software that has been released to the public and which replaces
the prior version of the Licensed Software on Symantec’s price list pursuant to
Symantec’s then-current upgrade policies.
“Use Level” means the license use
meter or model (which may include operating
system, hardware system, application or machine tier limitations, if
applicable) by which Symantec measures, prices and licenses the right to
use the Licensed Software, in effect at the time an order is placed for such
Licensed Software, as indicated in this License Agreement and the applicable
License Instrument.
2. LICENSE GRANT. Subject to Your compliance with the terms and
conditions of this License Agreement, Symantec grants to You the following
rights: (i) a non-exclusive, non-transferable (except as stated otherwise in
Section 16.1) license to use the Licensed Software solely in support of Your
internal business operations in the quantities and at the Use Levels described
in this License Agreement and the applicable License Instrument; and (ii) the
right to make a single uninstalled copy
of the Licensed Software for archival purposes which You may use and install
for disaster-recovery purposes (i.e. where the primary installation of the
Licensed Software becomes unavailable for use).
2.1 TERM. The term
of the Licensed Software license granted under this License Agreement shall be perpetual
(subject to Section 14) unless stated otherwise in Section 17 or unless You have obtained the Licensed
Software on a non-perpetual basis, such
as, under a subscription or term-based license for the period of time indicated
on the applicable License Instrument. If You have obtained the Licensed
Software on a non-perpetual basis, Your rights to use such Licensed Software shall
end on the applicable end date as indicated on the applicable License
Instrument and You shall cease use of the Licensed Software as of such
applicable end date.
3. 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; (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; (v) use of the Licensed Software by any party other than You; (vi) use of
a later version of the Licensed Software other than the version that
accompanies this License Agreement unless You have separately acquired the
right to use such later version through a License Instrument or Support Certificate;
nor (vii) use of the Licensed Software above the quantity and Use Level that
have been licensed to You under this License Agreement or the applicable
License Instrument.
4. OWNERSHIP/TITLE. The Licensed Software
is the proprietary property of Symantec or its licensors and is protected by
copyright law. 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.
5. CONTENT UPDATES. If You purchase a
Symantec maintenance/support offering consisting of or including Content
Updates, as indicated on Your Support Certificate, You are granted the right to
use, as part of the Licensed Software, such Content Updates as and when they
are made generally available to Symantec’s end user customers who have
purchased such maintenance/support offering and for such period of time as
indicated on the face of the applicable Support Certificate. This License Agreement
does not otherwise permit You to obtain and use Content Updates.
6. UPGRADES/CROSS-GRADES. Symantec reserves the right to require
that any upgrades (if any) of the Licensed Software may only be obtained in a
quantity equal to the number indicated on the applicable License Instrument. An
upgrade to an existing license shall not be deemed to increase the number of
licenses which You are authorized to use. Additionally, if You upgrade a Licensed
Software license, or purchase a Licensed Software license listed on the
applicable License Instrument to cross-grade an existing license (i.e. to
increase its functionality, and/or transfer it to a new operating system,
hardware tier or licensing meter), then Symantec issues the applicable Licensed
Instrument based on the understanding that You agree to cease using the
original license. Any such license upgrade or cross-grade is provided under
Symantec's policies in effect at the time of order. This License Agreement does
not separately license You for additional licenses beyond those which You have
purchased, and which have been authorized by Symantec as indicated on the
applicable License Instrument.
7. LIMITED WARRANTY.
7.1. MEDIA WARRANTY. If Symantec provides the
Licensed Software to You on tangible media, Symantec warrants that the magnetic
media upon which the Licensed Software is recorded will not be defective under
normal use, for a period of ninety (90) days from delivery. Symantec will
replace any defective media returned to Symantec within the warranty period at
no charge to You. The above warranty is inapplicable in the event the Licensed
Software media becomes defective due to unauthorized use of the Licensed
Software. THE FOREGOING IS YOUR SOLE AND
EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
7.2. PERFORMANCE WARRANTY. Symantec warrants
that the Licensed Software, as delivered by Symantec and when used in
accordance with the Documentation, will substantially conform to the
Documentation for a period of ninety (90) days from delivery. If the Licensed
Software does not comply with this warranty and such non-compliance is reported
by You to Symantec within the ninety (90) day warranty period, Symantec will do
one of the following, selected at Symantec’s reasonable discretion: either (i)
repair the Licensed Software, (ii) replace the Licensed Software with software
of substantially the same functionality, or (iii) terminate this License
Agreement and refund the relevant license fees paid for such non-compliant
Licensed Software. The above warranty specifically excludes defects resulting
from accident, abuse, unauthorized repair, modifications or enhancements, or
misapplication. THE FOREGOING IS YOUR
SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
8. WARRANTY DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE warranties
set forth in sections 7.1 and 7.2 are YOUR exclusive warranties AND ARE IN LIEU OF ALL
OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. SYMANTEC MAKES NO WARRANTIES OR REPRESENTATIONS THAT
THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES WILL MEET YOUR REQUIREMENTS
OR THAT OPERATION OR USE OF THE LICENSED SOFTWARE, CONTENT UPDATES, AND
UPGRADES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU MAY HAVE OTHER WARRANTY RIGHTS,
WHICH MAY VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
9. 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 OR
ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY
COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF
PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION,
LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR
ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL,
CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR
INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS,
SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL
SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING
RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR
LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE
OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE
DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR
NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.
10. MAINTENANCE/SUPPORT. Symantec has no
obligation under this License Agreement to provide maintenance/support for the
Licensed Software. Any maintenance/support purchased for the Licensed Software
is subject to Symantec’s then-current maintenance/support policies.
11. SOFTWARE EVALUATION. If the Licensed
Software is provided to You for evaluation purposes and You have an evaluation
agreement with Symantec for the Licensed Software, Your rights to evaluate the
Licensed Software will be pursuant to the terms of such evaluation agreement.
If You do not have an evaluation agreement with Symantec for the Licensed
Software and if You are provided the Licensed Software for evaluation purposes, the following terms and conditions shall
apply. Symantec
grants to You a nonexclusive, temporary, royalty-free, non-assignable license
to use the Licensed Software solely for internal non-production evaluation. Such
evaluation license shall terminate (i) on the end date of the pre-determined
evaluation period, if an evaluation period is pre-determined in the Licensed
Software or (ii) sixty (60) days from the date of Your initial installation of
the Licensed Software, if no such evaluation period is pre-determined in the
Licensed Software (“Evaluation Period”). The Licensed Software may not be transferred and is provided “AS
IS” without warranty of any kind. You are solely responsible to take
appropriate measures to back up Your system and take other measures to prevent
any loss of files or data. The Licensed Software may contain an automatic
disabling mechanism that prevents its use after a certain period of time. Upon
expiration of the Licensed Software Evaluation Period, You will cease use of
the Licensed Software and destroy all copies of the Licensed Software. All
other terms and conditions of this License Agreement shall otherwise apply to
Your evaluation of the Licensed Software as permitted herein.
12.
13. 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
14. TERMINATION. This License Agreement shall terminate upon Your breach of any term
contained herein. Upon termination, You shall immediately stop using and
destroy all copies of the Licensed Software.
15. SURVIVAL. The following provisions of
this License Agreement survive termination of this License Agreement: Definitions,
License Restrictions and any other restrictions on use of intellectual property,
Ownership/Title, Warranty Disclaimers, Limitation of Liability, U.S. Government
Restricted Rights, Export Regulation, Survival, and General.
16. GENERAL.
16.1. ASSIGNMENT. 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.
16.2. COMPLIANCE WITH APPLICABLE LAW. You
are solely responsible for Your compliance with, and You agree to comply with,
all applicable laws, rules, and regulations in connection with Your use of the
Licensed Software.
16.3. AUDIT. An auditor, selected by Symantec
and reasonably acceptable to You, may, upon reasonable notice and during normal
business hours, but not more often than once each year, inspect Your records
and deployment in order to confirm that Your use of the Licensed Software
complies with this License Agreement and the applicable License Instrument.
Symantec shall bear the costs of any such audit, except where the audit
demonstrates that the Manufacturer’s Suggested Reseller Price (MSRP) value of
Your non-compliant usage exceeds five percent (5%) of the MSRP value of Your
compliant deployments. In such case, in addition to purchasing appropriate
licenses for any over-deployed Licensed Software, You shall reimburse Symantec
for the auditor’s reasonable actual fees for such audit.
16.4. GOVERNING
LAW; SEVERABILITY; WAIVER. If You are located
in North America or Latin America, this License Agreement will be governed by
the laws of the State of
16.5. 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.
16.6. CUSTOMER SERVICE.
Should You have any questions concerning this License Agreement, or if You
desire to contact Symantec for any reason, please write to: (i) Symantec Enterprise
Customer Care, 555 International Way,
16.7. ENTIRE AGREEMENT. This License Agreement and any related License
Instrument are the complete and exclusive agreement between You and Symantec
relating to the Licensed Software and supersede any previous or contemporaneous
oral or written communications, proposals, and representations with respect to
its subject matter. This License Agreement prevails over any conflicting
or additional terms of any purchase order, ordering document, acknowledgement
or confirmation or other document issued by You, even if signed and returned. This License Agreement may only be modified by a
License Instrument that accompanies or follows this License Agreement.
17. ADDITIONAL
TERMS AND CONDITIONS. Your
use of the Licensed Software is subject to the terms and conditions below in
addition to those stated above.
17.1 Definitions.
A. License Certificate includes a written
communication issued by Symantec confirming Your license of the Licensed
Software and that accompanies, precedes or follows this License Agreement.
B. Maintenance Certificate includes a written
communication issued by Symantec confirming Your maintenance/support for the
Licensed Software and that accompanies, precedes or follows this License
Agreement.
17.2 Node
License. Under the terms of a Node
License, you may use the Licensed Software to manage an aggregate number of
Nodes within your organization not to exceed the sum of your licensed nodal
count. A “Node” is any asset under
management by the Licensed Software. An
asset is: (a) a physical device such as a computer, PDA, or server, (b) a
virtual device, such as an operating environment that may be running
concurrently with another operating environment on a single physical device
(e.g., VMware*, Virtual PC*, Virtual Server*), or (c) an object stored by the Licensed
Software in a database, such object representing a physical or virtual asset
for which data is being tracked or managed by the Licensed Software (e.g.,
printer, copier, etc.). A Node License will be deemed consumed for a particular
Licensed Software product once an asset (as defined above) has been managed by
a particular Software product. An asset has been managed by a particular Licensed
Software product once the Licensed Software product has (i) been run locally on
an asset, (ii) remotely interacted with and/or received a response from an
asset, (iii) configured or changed a setting of or migrated settings to or from
an asset, or (iv) otherwise performed any management functionality that such
particular Licensed Software product has been designed to perform with respect
to an asset. You must purchase a sufficient number of Node Licenses to cover
all Node Licenses consumed by a particular Licensed Software product.
GLB
ENT EULA TEMPLATE v1.0_ Altiris
Network Discovery v7.0_030708
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
OPENING THE LICENSED SOFTWARE PACKAGE, BREAKING THE LICENSED SOFTWARE SEAL,
CLICKING THE “I AGREE” OR “YES” BUTTON, OR OTHERWISE INDICATING ASSENT
ELECTRONICALLY, OR LOADING THE LICENSED SOFTWARE 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 FURTHER USE OF THE LICENSED
SOFTWARE. UNLESS OTHERWISE DEFINED HEREIN, CAPITALIZED TERMS WILL HAVE THE
MEANING GIVEN IN THE “DEFINITIONS” SECTION OF THIS LICENSE AGREEMENT AND SUCH
CAPITALIZED TERMS MAY BE USED IN THE SINGULAR OR IN THE PLURAL, AS THE CONTEXT
REQUIRES.
1. DEFINITIONS.
“Content
Updates”
means content used by certain Symantec products which is updated from time to
time, including but not limited to: updated anti-spyware definitions for
anti-spyware products; updated antispam rules for antispam products; updated
virus definitions for antivirus and crimeware products; updated URL lists for
content filtering and antiphishing products; updated firewall rules for
firewall products; updated intrusion detection data for intrusion detection
products; updated lists of authenticated web pages for website authentication
products; updated policy compliance rules for policy compliance products; and updated
vulnerability signatures for vulnerability assessment products.
“Documentation” means the user documentation
Symantec provides with the Licensed Software.
“License
Instrument”
means one or more of the following applicable documents which further defines
Your license rights to the Licensed Software: a Symantec license certificate or
a similar license document issued by Symantec, or a written agreement between
You and Symantec, that accompanies, precedes or follows this License Agreement.
“Licensed
Software”
means the Symantec software product, in object code form, accompanying this
License Agreement, including any Documentation included in, or provided for use
with, such software or that accompanies this License Agreement.
“Support
Certificate”
means the certificate sent by Symantec confirming Your purchase of the applicable
Symantec maintenance/support for the Licensed Software.
“Upgrade” means any version of
the Licensed Software that has been released to the public and which replaces
the prior version of the Licensed Software on Symantec’s price list pursuant to
Symantec’s then-current upgrade policies.
“Use Level” means the license use
meter or model (which may include operating
system, hardware system, application or machine tier limitations, if
applicable) by which Symantec measures, prices and licenses the right to
use the Licensed Software, in effect at the time an order is placed for such
Licensed Software, as indicated in this License Agreement and the applicable
License Instrument.
2. LICENSE GRANT. Subject to Your compliance with the terms and
conditions of this License Agreement, Symantec grants to You the following
rights: (i) a non-exclusive, non-transferable (except as stated otherwise in
Section 16.1) license to use the Licensed Software solely in support of Your
internal business operations in the quantities and at the Use Levels described
in this License Agreement and the applicable License Instrument; and (ii) the
right to make a single uninstalled copy
of the Licensed Software for archival purposes which You may use and install
for disaster-recovery purposes (i.e. where the primary installation of the
Licensed Software becomes unavailable for use).
2.1 TERM. The term
of the Licensed Software license granted under this License Agreement shall be perpetual
(subject to Section 14) unless stated otherwise in Section 17 or unless You have obtained the Licensed
Software on a non-perpetual basis, such
as, under a subscription or term-based license for the period of time indicated
on the applicable License Instrument. If You have obtained the Licensed
Software on a non-perpetual basis, Your rights to use such Licensed Software shall
end on the applicable end date as indicated on the applicable License
Instrument and You shall cease use of the Licensed Software as of such
applicable end date.
3. 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; (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; (v) use of the Licensed Software by any party other than You; (vi) use of
a later version of the Licensed Software other than the version that
accompanies this License Agreement unless You have separately acquired the
right to use such later version through a License Instrument or Support Certificate;
nor (vii) use of the Licensed Software above the quantity and Use Level that
have been licensed to You under this License Agreement or the applicable
License Instrument.
4. OWNERSHIP/TITLE. The Licensed Software
is the proprietary property of Symantec or its licensors and is protected by
copyright law. 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.
5. CONTENT UPDATES. If You purchase a
Symantec maintenance/support offering consisting of or including Content
Updates, as indicated on Your Support Certificate, You are granted the right to
use, as part of the Licensed Software, such Content Updates as and when they
are made generally available to Symantec’s end user customers who have
purchased such maintenance/support offering and for such period of time as
indicated on the face of the applicable Support Certificate. This License Agreement
does not otherwise permit You to obtain and use Content Updates.
6. UPGRADES/CROSS-GRADES. Symantec reserves the right to require
that any upgrades (if any) of the Licensed Software may only be obtained in a
quantity equal to the number indicated on the applicable License Instrument. An
upgrade to an existing license shall not be deemed to increase the number of
licenses which You are authorized to use. Additionally, if You upgrade a Licensed
Software license, or purchase a Licensed Software license listed on the
applicable License Instrument to cross-grade an existing license (i.e. to
increase its functionality, and/or transfer it to a new operating system,
hardware tier or licensing meter), then Symantec issues the applicable Licensed
Instrument based on the understanding that You agree to cease using the
original license. Any such license upgrade or cross-grade is provided under
Symantec's policies in effect at the time of order. This License Agreement does
not separately license You for additional licenses beyond those which You have
purchased, and which have been authorized by Symantec as indicated on the
applicable License Instrument.
7. LIMITED WARRANTY.
7.1. MEDIA WARRANTY. If Symantec provides the
Licensed Software to You on tangible media, Symantec warrants that the magnetic
media upon which the Licensed Software is recorded will not be defective under
normal use, for a period of ninety (90) days from delivery. Symantec will
replace any defective media returned to Symantec within the warranty period at
no charge to You. The above warranty is inapplicable in the event the Licensed
Software media becomes defective due to unauthorized use of the Licensed
Software. THE FOREGOING IS YOUR SOLE AND
EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
7.2. PERFORMANCE WARRANTY. Symantec warrants
that the Licensed Software, as delivered by Symantec and when used in
accordance with the Documentation, will substantially conform to the
Documentation for a period of ninety (90) days from delivery. If the Licensed
Software does not comply with this warranty and such non-compliance is reported
by You to Symantec within the ninety (90) day warranty period, Symantec will do
one of the following, selected at Symantec’s reasonable discretion: either (i)
repair the Licensed Software, (ii) replace the Licensed Software with software
of substantially the same functionality, or (iii) terminate this License
Agreement and refund the relevant license fees paid for such non-compliant
Licensed Software. The above warranty specifically excludes defects resulting
from accident, abuse, unauthorized repair, modifications or enhancements, or
misapplication. THE FOREGOING IS YOUR
SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
8. WARRANTY DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE warranties
set forth in sections 7.1 and 7.2 are YOUR exclusive warranties AND ARE IN LIEU OF ALL
OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. SYMANTEC MAKES NO WARRANTIES OR REPRESENTATIONS THAT
THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES WILL MEET YOUR REQUIREMENTS
OR THAT OPERATION OR USE OF THE LICENSED SOFTWARE, CONTENT UPDATES, AND
UPGRADES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU MAY HAVE OTHER WARRANTY RIGHTS,
WHICH MAY VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
9. 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 OR
ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY
COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF
PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION,
LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR
ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL,
CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR
INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS,
SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL
SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING
RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR
LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE
OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE
DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR
NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.
10. MAINTENANCE/SUPPORT. Symantec has no
obligation under this License Agreement to provide maintenance/support for the
Licensed Software. Any maintenance/support purchased for the Licensed Software
is subject to Symantec’s then-current maintenance/support policies.
11. SOFTWARE EVALUATION. If the Licensed
Software is provided to You for evaluation purposes and You have an evaluation
agreement with Symantec for the Licensed Software, Your rights to evaluate the
Licensed Software will be pursuant to the terms of such evaluation agreement.
If You do not have an evaluation agreement with Symantec for the Licensed
Software and if You are provided the Licensed Software for evaluation purposes, the following terms and conditions shall
apply. Symantec
grants to You a nonexclusive, temporary, royalty-free, non-assignable license
to use the Licensed Software solely for internal non-production evaluation. Such
evaluation license shall terminate (i) on the end date of the pre-determined
evaluation period, if an evaluation period is pre-determined in the Licensed
Software or (ii) sixty (60) days from the date of Your initial installation of
the Licensed Software, if no such evaluation period is pre-determined in the
Licensed Software (“Evaluation Period”). The Licensed Software may not be transferred and is provided “AS
IS” without warranty of any kind. You are solely responsible to take
appropriate measures to back up Your system and take other measures to prevent
any loss of files or data. The Licensed Software may contain an automatic
disabling mechanism that prevents its use after a certain period of time. Upon
expiration of the Licensed Software Evaluation Period, You will cease use of
the Licensed Software and destroy all copies of the Licensed Software. All
other terms and conditions of this License Agreement shall otherwise apply to
Your evaluation of the Licensed Software as permitted herein.
12.
13. 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
14. TERMINATION. This License Agreement shall terminate upon Your breach of any term
contained herein. Upon termination, You shall immediately stop using and
destroy all copies of the Licensed Software.
15. SURVIVAL. The following provisions of
this License Agreement survive termination of this License Agreement: Definitions,
License Restrictions and any other restrictions on use of intellectual property,
Ownership/Title, Warranty Disclaimers, Limitation of Liability, U.S. Government
Restricted Rights, Export Regulation, Survival, and General.
16. GENERAL.
16.1. ASSIGNMENT. 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.
16.2. COMPLIANCE WITH APPLICABLE LAW. You
are solely responsible for Your compliance with, and You agree to comply with,
all applicable laws, rules, and regulations in connection with Your use of the
Licensed Software.
16.3. AUDIT. An auditor, selected by Symantec
and reasonably acceptable to You, may, upon reasonable notice and during normal
business hours, but not more often than once each year, inspect Your records
and deployment in order to confirm that Your use of the Licensed Software
complies with this License Agreement and the applicable License Instrument.
Symantec shall bear the costs of any such audit, except where the audit
demonstrates that the Manufacturer’s Suggested Reseller Price (MSRP) value of
Your non-compliant usage exceeds five percent (5%) of the MSRP value of Your
compliant deployments. In such case, in addition to purchasing appropriate
licenses for any over-deployed Licensed Software, You shall reimburse Symantec
for the auditor’s reasonable actual fees for such audit.
16.4. GOVERNING
LAW; SEVERABILITY; WAIVER. If You are located
in North America or Latin America, this License Agreement will be governed by
the laws of the State of
16.5. 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.
16.6. CUSTOMER SERVICE.
Should You have any questions concerning this License Agreement, or if You
desire to contact Symantec for any reason, please write to: (i) Symantec Enterprise
Customer Care, 555 International Way,
16.7. ENTIRE AGREEMENT. This License Agreement and any related License
Instrument are the complete and exclusive agreement between You and Symantec
relating to the Licensed Software and supersede any previous or contemporaneous
oral or written communications, proposals, and representations with respect to
its subject matter. This License Agreement prevails over any conflicting
or additional terms of any purchase order, ordering document, acknowledgement
or confirmation or other document issued by You, even if signed and returned. This License Agreement may only be modified by a
License Instrument that accompanies or follows this License Agreement.
17. ADDITIONAL
TERMS AND CONDITIONS. Your
use of the Licensed Software is subject to the terms and conditions below in
addition to those stated above.
17.1 Definitions.
A. “License Certificate” includes a
written communication issued by Symantec confirming Your license of the
Licensed Software and that accompanies, precedes or follows this License
Agreement.
B. “Maintenance Certificate”
includes a written communication issued by Symantec confirming Your
maintenance/support for the Licensed Software and that accompanies, precedes or
follows this License Agreement.
17.2 Node
License. Under the terms of a Node
License, you may use the Licensed Software to manage an aggregate number of
Nodes within your organization not to exceed the sum of your licensed nodal
count. A “Node” is any asset under
management by the Licensed Software. An
asset is: (a) a physical device such as a computer, PDA, or server, (b) a
virtual device, such as an operating environment that may be running
concurrently with another operating environment on a single physical device
(e.g., VMware*, Virtual PC*, Virtual Server*), or (c) an object stored by the Licensed
Software in a database, such object representing a physical or virtual asset
for which data is being tracked or managed by the Licensed Software (e.g.,
printer, copier, etc.). A Node License will be deemed consumed for a particular
Licensed Software product once an asset (as defined above) has been managed by
a particular Software product. An asset has been managed by a particular Licensed
Software product once the Licensed Software product has (i) been run locally on
an asset, (ii) remotely interacted with and/or received a response from an
asset, (iii) configured or changed a setting of or migrated settings to or from
an asset, or (iv) otherwise performed any management functionality that such
particular Licensed Software product has been designed to perform with respect
to an asset. You must purchase a sufficient number of Node Licenses to cover
all Node Licenses consumed by a particular Licensed Software product.
GLB ENT
EULA TEMPLATE_ALTIRIS
PATCH MANAGEMENT SOLUTION FOR LINUX 7.0_19MAY2008
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
OPENING THE LICENSED SOFTWARE PACKAGE, BREAKING THE LICENSED SOFTWARE SEAL,
CLICKING THE “I AGREE” OR “YES” BUTTON, OR OTHERWISE INDICATING ASSENT
ELECTRONICALLY, OR LOADING THE LICENSED SOFTWARE 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 FURTHER USE OF THE LICENSED
SOFTWARE. UNLESS OTHERWISE DEFINED HEREIN, CAPITALIZED TERMS WILL HAVE THE
MEANING GIVEN IN THE “DEFINITIONS” SECTION OF THIS LICENSE AGREEMENT AND SUCH
CAPITALIZED TERMS MAY BE USED IN THE SINGULAR OR IN THE PLURAL, AS THE CONTEXT
REQUIRES.
1. DEFINITIONS.
“Content
Updates”
means content used by certain Symantec products which is updated from time to
time, including but not limited to: updated anti-spyware definitions for
anti-spyware products; updated antispam rules for antispam products; updated
virus definitions for antivirus and crimeware products; updated URL lists for
content filtering and antiphishing products; updated firewall rules for
firewall products; updated intrusion detection data for intrusion detection
products; updated lists of authenticated web pages for website authentication
products; updated policy compliance rules for policy compliance products; and updated
vulnerability signatures for vulnerability assessment products.
“Documentation” means the user documentation
Symantec provides with the Licensed Software.
“License
Instrument”
means one or more of the following applicable documents which further defines
Your license rights to the Licensed Software: a Symantec license certificate or
a similar license document issued by Symantec, or a written agreement between
You and Symantec, that accompanies, precedes or follows this License Agreement.
“Licensed
Software”
means the Symantec software product, in object code form, accompanying this
License Agreement, including any Documentation included in, or provided for use
with, such software or that accompanies this License Agreement.
“Support
Certificate”
means the certificate sent by Symantec confirming Your purchase of the applicable
Symantec maintenance/support for the Licensed Software.
“Upgrade” means any version of
the Licensed Software that has been released to the public and which replaces
the prior version of the Licensed Software on Symantec’s price list pursuant to
Symantec’s then-current upgrade policies.
“Use Level” means the license use
meter or model (which may include operating
system, hardware system, application or machine tier limitations, if
applicable) by which Symantec measures, prices and licenses the right to
use the Licensed Software, in effect at the time an order is placed for such
Licensed Software, as indicated in this License Agreement and the applicable
License Instrument.
2. LICENSE GRANT. Subject to Your compliance with the terms and
conditions of this License Agreement, Symantec grants to You the following
rights: (i) a non-exclusive, non-transferable (except as stated otherwise in
Section 16.1) license to use the Licensed Software solely in support of Your
internal business operations in the quantities and at the Use Levels described
in this License Agreement and the applicable License Instrument; and (ii) the
right to make a single uninstalled copy
of the Licensed Software for archival purposes which You may use and install
for disaster-recovery purposes (i.e. where the primary installation of the
Licensed Software becomes unavailable for use).
2.1 TERM. The term
of the Licensed Software license granted under this License Agreement shall be perpetual
(subject to Section 14) unless stated otherwise in Section 17 or unless You have obtained the Licensed
Software on a non-perpetual basis, such
as, under a subscription or term-based license for the period of time indicated
on the applicable License Instrument. If You have obtained the Licensed
Software on a non-perpetual basis, Your rights to use such Licensed Software shall
end on the applicable end date as indicated on the applicable License
Instrument and You shall cease use of the Licensed Software as of such
applicable end date.
3. 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; (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; (v) use of the Licensed Software by any party other than You; (vi) use of
a later version of the Licensed Software other than the version that
accompanies this License Agreement unless You have separately acquired the
right to use such later version through a License Instrument or Support Certificate;
nor (vii) use of the Licensed Software above the quantity and Use Level that
have been licensed to You under this License Agreement or the applicable
License Instrument.
4. OWNERSHIP/TITLE. The Licensed Software
is the proprietary property of Symantec or its licensors and is protected by
copyright law. 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.
5. CONTENT UPDATES. If You purchase a
Symantec maintenance/support offering consisting of or including Content
Updates, as indicated on Your Support Certificate, You are granted the right to
use, as part of the Licensed Software, such Content Updates as and when they
are made generally available to Symantec’s end user customers who have
purchased such maintenance/support offering and for such period of time as
indicated on the face of the applicable Support Certificate. This License Agreement
does not otherwise permit You to obtain and use Content Updates.
6. UPGRADES/CROSS-GRADES. Symantec reserves the right to require
that any upgrades (if any) of the Licensed Software may only be obtained in a
quantity equal to the number indicated on the applicable License Instrument. An
upgrade to an existing license shall not be deemed to increase the number of
licenses which You are authorized to use. Additionally, if You upgrade a Licensed
Software license, or purchase a Licensed Software license listed on the
applicable License Instrument to cross-grade an existing license (i.e. to
increase its functionality, and/or transfer it to a new operating system,
hardware tier or licensing meter), then Symantec issues the applicable Licensed
Instrument based on the understanding that You agree to cease using the
original license. Any such license upgrade or cross-grade is provided under
Symantec's policies in effect at the time of order. This License Agreement does
not separately license You for additional licenses beyond those which You have
purchased, and which have been authorized by Symantec as indicated on the
applicable License Instrument.
7. LIMITED WARRANTY.
7.1. MEDIA WARRANTY. If Symantec provides the
Licensed Software to You on tangible media, Symantec warrants that the magnetic
media upon which the Licensed Software is recorded will not be defective under
normal use, for a period of ninety (90) days from delivery. Symantec will
replace any defective media returned to Symantec within the warranty period at
no charge to You. The above warranty is inapplicable in the event the Licensed
Software media becomes defective due to unauthorized use of the Licensed
Software. THE FOREGOING IS YOUR SOLE AND
EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
7.2. PERFORMANCE WARRANTY. Symantec warrants
that the Licensed Software, as delivered by Symantec and when used in
accordance with the Documentation, will substantially conform to the
Documentation for a period of ninety (90) days from delivery. If the Licensed
Software does not comply with this warranty and such non-compliance is reported
by You to Symantec within the ninety (90) day warranty period, Symantec will do
one of the following, selected at Symantec’s reasonable discretion: either (i)
repair the Licensed Software, (ii) replace the Licensed Software with software
of substantially the same functionality, or (iii) terminate this License
Agreement and refund the relevant license fees paid for such non-compliant
Licensed Software. The above warranty specifically excludes defects resulting
from accident, abuse, unauthorized repair, modifications or enhancements, or
misapplication. THE FOREGOING IS YOUR
SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
8. WARRANTY DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE warranties
set forth in sections 7.1 and 7.2 are YOUR exclusive warranties AND ARE IN LIEU OF ALL
OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. SYMANTEC MAKES NO WARRANTIES OR REPRESENTATIONS THAT
THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES WILL MEET YOUR REQUIREMENTS
OR THAT OPERATION OR USE OF THE LICENSED SOFTWARE, CONTENT UPDATES, AND
UPGRADES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU MAY HAVE OTHER WARRANTY RIGHTS,
WHICH MAY VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
9. 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 OR
ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY
COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF
PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION,
LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR
ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL,
CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR
INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS,
SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL
SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING
RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR
LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE
OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE
DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR
NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.
10. MAINTENANCE/SUPPORT. Symantec has no
obligation under this License Agreement to provide maintenance/support for the
Licensed Software. Any maintenance/support purchased for the Licensed Software
is subject to Symantec’s then-current maintenance/support policies.
11. SOFTWARE EVALUATION. If the Licensed
Software is provided to You for evaluation purposes and You have an evaluation
agreement with Symantec for the Licensed Software, Your rights to evaluate the
Licensed Software will be pursuant to the terms of such evaluation agreement.
If You do not have an evaluation agreement with Symantec for the Licensed
Software and if You are provided the Licensed Software for evaluation purposes, the following terms and conditions shall
apply. Symantec
grants to You a nonexclusive, temporary, royalty-free, non-assignable license
to use the Licensed Software solely for internal non-production evaluation. Such
evaluation license shall terminate (i) on the end date of the pre-determined
evaluation period, if an evaluation period is pre-determined in the Licensed
Software or (ii) sixty (60) days from the date of Your initial installation of
the Licensed Software, if no such evaluation period is pre-determined in the
Licensed Software (“Evaluation Period”). The Licensed Software may not be transferred and is provided “AS
IS” without warranty of any kind. You are solely responsible to take
appropriate measures to back up Your system and take other measures to prevent
any loss of files or data. The Licensed Software may contain an automatic
disabling mechanism that prevents its use after a certain period of time. Upon
expiration of the Licensed Software Evaluation Period, You will cease use of
the Licensed Software and destroy all copies of the Licensed Software. All
other terms and conditions of this License Agreement shall otherwise apply to
Your evaluation of the Licensed Software as permitted herein.
12.
13. 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
14. TERMINATION. This License Agreement shall terminate upon Your breach of any term
contained herein. Upon termination, You shall immediately stop using and
destroy all copies of the Licensed Software.
15. SURVIVAL. The following provisions of
this License Agreement survive termination of this License Agreement: Definitions,
License Restrictions and any other restrictions on use of intellectual property,
Ownership/Title, Warranty Disclaimers, Limitation of Liability, U.S. Government
Restricted Rights, Export Regulation, Survival, and General.
16. GENERAL.
16.1. ASSIGNMENT. 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.
16.2. COMPLIANCE WITH APPLICABLE LAW. You
are solely responsible for Your compliance with, and You agree to comply with,
all applicable laws, rules, and regulations in connection with Your use of the
Licensed Software.
16.3. AUDIT. An auditor, selected by Symantec
and reasonably acceptable to You, may, upon reasonable notice and during normal
business hours, but not more often than once each year, inspect Your records
and deployment in order to confirm that Your use of the Licensed Software
complies with this License Agreement and the applicable License Instrument.
Symantec shall bear the costs of any such audit, except where the audit
demonstrates that the Manufacturer’s Suggested Reseller Price (MSRP) value of
Your non-compliant usage exceeds five percent (5%) of the MSRP value of Your
compliant deployments. In such case, in addition to purchasing appropriate
licenses for any over-deployed Licensed Software, You shall reimburse Symantec
for the auditor’s reasonable actual fees for such audit.
16.4. GOVERNING
LAW; SEVERABILITY; WAIVER. If You are located
in North America or Latin America, this License Agreement will be governed by
the laws of the State of
16.5. 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.
16.6. CUSTOMER SERVICE.
Should You have any questions concerning this License Agreement, or if You
desire to contact Symantec for any reason, please write to: (i) Symantec Enterprise
Customer Care, 555 International Way,
16.7. ENTIRE AGREEMENT. This License Agreement and any related License
Instrument are the complete and exclusive agreement between You and Symantec
relating to the Licensed Software and supersede any previous or contemporaneous
oral or written communications, proposals, and representations with respect to
its subject matter. This License Agreement prevails over any conflicting
or additional terms of any purchase order, ordering document, acknowledgement
or confirmation or other document issued by You, even if signed and returned. This License Agreement may only be modified by a
License Instrument that accompanies or follows this License Agreement.
17. ADDITIONAL
TERMS AND CONDITIONS. Your
use of the Licensed Software is subject to the terms and conditions below in
addition to those stated above.
17.1 Definitions.
A. “License Certificate” includes a
written communication issued by Symantec confirming Your license of the
Licensed Software and that accompanies, precedes or follows this License
Agreement.
B. “Maintenance Certificate”
includes a written communication issued by Symantec confirming Your
maintenance/support for the Licensed Software and that accompanies, precedes or
follows this License Agreement.
17.2 Node
License. Under the terms of a Node
License, you may use the Licensed Software to manage an aggregate number of
Nodes within your organization not to exceed the sum of your licensed nodal
count. A “Node” is any asset under
management by the Licensed Software. An
asset is: (a) a physical device such as a computer, PDA, or server, (b) a
virtual device, such as an operating environment that may be running
concurrently with another operating environment on a single physical device
(e.g., VMware*, Virtual PC*, Virtual Server*), or (c) an object stored by the Licensed
Software in a database, such object representing a physical or virtual asset
for which data is being tracked or managed by the Licensed Software (e.g.,
printer, copier, etc.). A Node License will be deemed consumed for a particular
Licensed Software product once an asset (as defined above) has been managed by
a particular Software product. An asset has been managed by a particular Licensed
Software product once the Licensed Software product has (i) been run locally on
an asset, (ii) remotely interacted with and/or received a response from an
asset, (iii) configured or changed a setting of or migrated settings to or from
an asset, or (iv) otherwise performed any management functionality that such
particular Licensed Software product has been designed to perform with respect
to an asset. You must purchase a sufficient number of Node Licenses to cover
all Node Licenses consumed by a particular Licensed Software product.
GLB ENT
EULA TEMPLATE_ALTIRIS
PATCH MANAGEMENT SOLUTION_27MARCH2008
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
OPENING THE LICENSED SOFTWARE PACKAGE, BREAKING THE LICENSED SOFTWARE SEAL,
CLICKING THE “I AGREE” OR “YES” BUTTON, OR OTHERWISE INDICATING ASSENT
ELECTRONICALLY, OR LOADING THE LICENSED SOFTWARE 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 FURTHER USE OF THE LICENSED
SOFTWARE. UNLESS OTHERWISE DEFINED HEREIN, CAPITALIZED TERMS WILL HAVE THE
MEANING GIVEN IN THE “DEFINITIONS” SECTION OF THIS LICENSE AGREEMENT AND SUCH
CAPITALIZED TERMS MAY BE USED IN THE SINGULAR OR IN THE PLURAL, AS THE CONTEXT
REQUIRES.
1. DEFINITIONS.
“Content
Updates”
means content used by certain Symantec products which is updated from time to
time, including but not limited to: updated anti-spyware definitions for
anti-spyware products; updated antispam rules for antispam products; updated
virus definitions for antivirus and crimeware products; updated URL lists for
content filtering and antiphishing products; updated firewall rules for
firewall products; updated intrusion detection data for intrusion detection
products; updated lists of authenticated web pages for website authentication
products; updated policy compliance rules for policy compliance products; and updated
vulnerability signatures for vulnerability assessment products.
“Documentation” means the user documentation
Symantec provides with the Licensed Software.
“License
Instrument”
means one or more of the following applicable documents which further defines
Your license rights to the Licensed Software: a Symantec license certificate or
a similar license document issued by Symantec, or a written agreement between
You and Symantec, that accompanies, precedes or follows this License Agreement.
“Licensed
Software”
means the Symantec software product, in object code form, accompanying this
License Agreement, including any Documentation included in, or provided for use
with, such software or that accompanies this License Agreement.
“Support
Certificate”
means the certificate sent by Symantec confirming Your purchase of the applicable
Symantec maintenance/support for the Licensed Software.
“Upgrade” means any version of
the Licensed Software that has been released to the public and which replaces
the prior version of the Licensed Software on Symantec’s price list pursuant to
Symantec’s then-current upgrade policies.
“Use Level” means the license use
meter or model (which may include operating
system, hardware system, application or machine tier limitations, if
applicable) by which Symantec measures, prices and licenses the right to
use the Licensed Software, in effect at the time an order is placed for such
Licensed Software, as indicated in this License Agreement and the applicable
License Instrument.
2. LICENSE GRANT. Subject to Your compliance with the terms and
conditions of this License Agreement, Symantec grants to You the following
rights: (i) a non-exclusive, non-transferable (except as stated otherwise in
Section 16.1) license to use the Licensed Software solely in support of Your
internal business operations in the quantities and at the Use Levels described
in this License Agreement and the applicable License Instrument; and (ii) the
right to make a single uninstalled copy
of the Licensed Software for archival purposes which You may use and install
for disaster-recovery purposes (i.e. where the primary installation of the
Licensed Software becomes unavailable for use).
2.1 TERM. The term
of the Licensed Software license granted under this License Agreement shall be perpetual
(subject to Section 14) unless stated otherwise in Section 17 or unless You have obtained the Licensed
Software on a non-perpetual basis, such
as, under a subscription or term-based license for the period of time indicated
on the applicable License Instrument. If You have obtained the Licensed
Software on a non-perpetual basis, Your rights to use such Licensed Software shall
end on the applicable end date as indicated on the applicable License
Instrument and You shall cease use of the Licensed Software as of such
applicable end date.
3. 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; (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; (v) use of the Licensed Software by any party other than You; (vi) use of
a later version of the Licensed Software other than the version that
accompanies this License Agreement unless You have separately acquired the
right to use such later version through a License Instrument or Support Certificate;
nor (vii) use of the Licensed Software above the quantity and Use Level that
have been licensed to You under this License Agreement or the applicable
License Instrument.
4. OWNERSHIP/TITLE. The Licensed Software
is the proprietary property of Symantec or its licensors and is protected by
copyright law. 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.
5. CONTENT UPDATES. If You purchase a
Symantec maintenance/support offering consisting of or including Content
Updates, as indicated on Your Support Certificate, You are granted the right to
use, as part of the Licensed Software, such Content Updates as and when they
are made generally available to Symantec’s end user customers who have
purchased such maintenance/support offering and for such period of time as
indicated on the face of the applicable Support Certificate. This License Agreement
does not otherwise permit You to obtain and use Content Updates.
6. UPGRADES/CROSS-GRADES. Symantec reserves the right to require
that any upgrades (if any) of the Licensed Software may only be obtained in a
quantity equal to the number indicated on the applicable License Instrument. An
upgrade to an existing license shall not be deemed to increase the number of
licenses which You are authorized to use. Additionally, if You upgrade a Licensed
Software license, or purchase a Licensed Software license listed on the
applicable License Instrument to cross-grade an existing license (i.e. to
increase its functionality, and/or transfer it to a new operating system,
hardware tier or licensing meter), then Symantec issues the applicable Licensed
Instrument based on the understanding that You agree to cease using the
original license. Any such license upgrade or cross-grade is provided under
Symantec's policies in effect at the time of order. This License Agreement does
not separately license You for additional licenses beyond those which You have
purchased, and which have been authorized by Symantec as indicated on the
applicable License Instrument.
7. LIMITED WARRANTY.
7.1. MEDIA WARRANTY. If Symantec provides the
Licensed Software to You on tangible media, Symantec warrants that the magnetic
media upon which the Licensed Software is recorded will not be defective under
normal use, for a period of ninety (90) days from delivery. Symantec will
replace any defective media returned to Symantec within the warranty period at
no charge to You. The above warranty is inapplicable in the event the Licensed
Software media becomes defective due to unauthorized use of the Licensed
Software. THE FOREGOING IS YOUR SOLE AND
EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
7.2. PERFORMANCE WARRANTY. Symantec warrants
that the Licensed Software, as delivered by Symantec and when used in
accordance with the Documentation, will substantially conform to the
Documentation for a period of ninety (90) days from delivery. If the Licensed
Software does not comply with this warranty and such non-compliance is reported
by You to Symantec within the ninety (90) day warranty period, Symantec will do
one of the following, selected at Symantec’s reasonable discretion: either (i)
repair the Licensed Software, (ii) replace the Licensed Software with software
of substantially the same functionality, or (iii) terminate this License
Agreement and refund the relevant license fees paid for such non-compliant
Licensed Software. The above warranty specifically excludes defects resulting
from accident, abuse, unauthorized repair, modifications or enhancements, or
misapplication. THE FOREGOING IS YOUR
SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
8. WARRANTY DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE warranties
set forth in sections 7.1 and 7.2 are YOUR exclusive warranties AND ARE IN LIEU OF ALL
OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. SYMANTEC MAKES NO WARRANTIES OR REPRESENTATIONS THAT
THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES WILL MEET YOUR REQUIREMENTS
OR THAT OPERATION OR USE OF THE LICENSED SOFTWARE, CONTENT UPDATES, AND
UPGRADES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU MAY HAVE OTHER WARRANTY RIGHTS,
WHICH MAY VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
9. 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 OR
ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY
COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF
PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION,
LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR
ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL,
CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR
INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS,
SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL
SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING
RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR
LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE
OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE
DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR
NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.
10. MAINTENANCE/SUPPORT. Symantec has no
obligation under this License Agreement to provide maintenance/support for the
Licensed Software. Any maintenance/support purchased for the Licensed Software
is subject to Symantec’s then-current maintenance/support policies.
11. SOFTWARE EVALUATION. If the Licensed
Software is provided to You for evaluation purposes and You have an evaluation
agreement with Symantec for the Licensed Software, Your rights to evaluate the
Licensed Software will be pursuant to the terms of such evaluation agreement.
If You do not have an evaluation agreement with Symantec for the Licensed
Software and if You are provided the Licensed Software for evaluation purposes, the following terms and conditions shall
apply. Symantec
grants to You a nonexclusive, temporary, royalty-free, non-assignable license
to use the Licensed Software solely for internal non-production evaluation. Such
evaluation license shall terminate (i) on the end date of the pre-determined
evaluation period, if an evaluation period is pre-determined in the Licensed
Software or (ii) sixty (60) days from the date of Your initial installation of
the Licensed Software, if no such evaluation period is pre-determined in the
Licensed Software (“Evaluation Period”). The Licensed Software may not be transferred and is provided “AS
IS” without warranty of any kind. You are solely responsible to take
appropriate measures to back up Your system and take other measures to prevent
any loss of files or data. The Licensed Software may contain an automatic
disabling mechanism that prevents its use after a certain period of time. Upon
expiration of the Licensed Software Evaluation Period, You will cease use of
the Licensed Software and destroy all copies of the Licensed Software. All
other terms and conditions of this License Agreement shall otherwise apply to
Your evaluation of the Licensed Software as permitted herein.
12.
13. 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
14. TERMINATION. This License Agreement shall terminate upon Your breach of any term
contained herein. Upon termination, You shall immediately stop using and
destroy all copies of the Licensed Software.
15. SURVIVAL. The following provisions of
this License Agreement survive termination of this License Agreement: Definitions,
License Restrictions and any other restrictions on use of intellectual property,
Ownership/Title, Warranty Disclaimers, Limitation of Liability, U.S. Government
Restricted Rights, Export Regulation, Survival, and General.
16. GENERAL.
16.1. ASSIGNMENT. 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.
16.2. COMPLIANCE WITH APPLICABLE LAW. You
are solely responsible for Your compliance with, and You agree to comply with,
all applicable laws, rules, and regulations in connection with Your use of the
Licensed Software.
16.3. AUDIT. An auditor, selected by Symantec
and reasonably acceptable to You, may, upon reasonable notice and during normal
business hours, but not more often than once each year, inspect Your records
and deployment in order to confirm that Your use of the Licensed Software
complies with this License Agreement and the applicable License Instrument.
Symantec shall bear the costs of any such audit, except where the audit
demonstrates that the Manufacturer’s Suggested Reseller Price (MSRP) value of
Your non-compliant usage exceeds five percent (5%) of the MSRP value of Your
compliant deployments. In such case, in addition to purchasing appropriate
licenses for any over-deployed Licensed Software, You shall reimburse Symantec
for the auditor’s reasonable actual fees for such audit.
16.4. GOVERNING
LAW; SEVERABILITY; WAIVER. If You are located
in North America or Latin America, this License Agreement will be governed by
the laws of the State of
16.5. 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.
16.6. CUSTOMER SERVICE.
Should You have any questions concerning this License Agreement, or if You
desire to contact Symantec for any reason, please write to: (i) Symantec Enterprise
Customer Care, 555 International Way,
16.7. ENTIRE AGREEMENT. This License Agreement and any related License
Instrument are the complete and exclusive agreement between You and Symantec
relating to the Licensed Software and supersede any previous or contemporaneous
oral or written communications, proposals, and representations with respect to
its subject matter. This License Agreement prevails over any conflicting
or additional terms of any purchase order, ordering document, acknowledgement
or confirmation or other document issued by You, even if signed and returned. This License Agreement may only be modified by a
License Instrument that accompanies or follows this License Agreement.
17. ADDITIONAL
TERMS AND CONDITIONS. Your
use of the Licensed Software is subject to the terms and conditions below in
addition to those stated above.
17.1 Definitions.
A. “License Instrument” includes a
written communication issued by Symantec confirming Your license of the
Licensed Software and that accompanies, precedes or follows this License
Agreement.
B. “Support Certificate” includes a
written communication issued by Symantec confirming Your maintenance/support
for the Licensed Software and that accompanies, precedes or follows this
License Agreement.
17.2
Node
License. Under
the terms of a Node License, you may use the Licensed Software to manage an
aggregate number of Nodes within your organization not to exceed the sum of
your licensed nodal count. A “Node” is
any asset under management by the Licensed Software. An asset is: (a) a physical device such as a
computer, PDA, or server, (b) a virtual device, such as an operating
environment that may be running concurrently with another operating environment
on a single physical device (e.g., VMware*, Virtual PC*, Virtual Server*), or
(c) an object stored by the Licensed Software in a database, such object
representing a physical or virtual asset for which data is being tracked or
managed by the Licensed Software (e.g., printer, copier, etc.). A Node License
will be deemed consumed for a particular Licensed Software product once an
asset (as defined above) has been managed by a particular Software product. An
asset has been managed by a particular Licensed Software product once the Licensed
Software product has (i) been run locally on an asset, (ii) remotely interacted
with and/or received a response from an asset, (iii) configured or changed a
setting of or migrated settings to or from an asset, or (iv) otherwise
performed any management functionality that such particular Licensed Software
product has been designed to perform with respect to an asset. You must
purchase a sufficient number of Node Licenses to cover all Node Licenses
consumed by a particular Licensed Software product.
17.3
Concurrent
License. Under
the terms of a Concurrent User License, you may distribute and install
internally within your organization an unrestricted number of copies of the
Software, provided the number of users accessing or using the Software
simultaneously does not exceed your licensed user count. Individuals solely
using the “My Helpdesk Console” or any “self-help” functionality in the
Software shall not count against your licensed user count.
17.4
Connector
License. Under the terms of a Connector License, you
may distribute and install internally within your organization an unrestricted
number of copies of the Software.
GLB ENT EULA TEMPLATE_ALTIRIS REAL-TIME SYSTEM
MANAGER v7.0_01APRIL2008
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
OPENING THE LICENSED SOFTWARE PACKAGE, BREAKING THE LICENSED SOFTWARE SEAL,
CLICKING THE “I AGREE” OR “YES” BUTTON, OR OTHERWISE INDICATING ASSENT
ELECTRONICALLY, OR LOADING THE LICENSED SOFTWARE 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 FURTHER USE OF THE LICENSED
SOFTWARE. UNLESS OTHERWISE DEFINED HEREIN, CAPITALIZED TERMS WILL HAVE THE
MEANING GIVEN IN THE “DEFINITIONS” SECTION OF THIS LICENSE AGREEMENT AND SUCH
CAPITALIZED TERMS MAY BE USED IN THE SINGULAR OR IN THE PLURAL, AS THE CONTEXT
REQUIRES.
1. DEFINITIONS.
“Content
Updates”
means content used by certain Symantec products which is updated from time to
time, including but not limited to: updated anti-spyware definitions for
anti-spyware products; updated antispam rules for antispam products; updated
virus definitions for antivirus and crimeware products; updated URL lists for
content filtering and antiphishing products; updated firewall rules for
firewall products; updated intrusion detection data for intrusion detection
products; updated lists of authenticated web pages for website authentication
products; updated policy compliance rules for policy compliance products; and updated
vulnerability signatures for vulnerability assessment products.
“Documentation” means the user documentation
Symantec provides with the Licensed Software.
“License
Instrument”
means one or more of the following applicable documents which further defines
Your license rights to the Licensed Software: a Symantec license certificate or
a similar license document issued by Symantec, or a written agreement between
You and Symantec, that accompanies, precedes or follows this License Agreement.
“Licensed
Software”
means the Symantec software product, in object code form, accompanying this
License Agreement, including any Documentation included in, or provided for use
with, such software or that accompanies this License Agreement.
“Support
Certificate”
means the certificate sent by Symantec confirming Your purchase of the applicable
Symantec maintenance/support for the Licensed Software.
“Upgrade” means any version of
the Licensed Software that has been released to the public and which replaces
the prior version of the Licensed Software on Symantec’s price list pursuant to
Symantec’s then-current upgrade policies.
“Use Level” means the license use
meter or model (which may include operating
system, hardware system, application or machine tier limitations, if
applicable) by which Symantec measures, prices and licenses the right to
use the Licensed Software, in effect at the time an order is placed for such
Licensed Software, as indicated in this License Agreement and the applicable
License Instrument.
2. LICENSE GRANT. Subject to Your compliance with the terms and
conditions of this License Agreement, Symantec grants to You the following
rights: (i) a non-exclusive, non-transferable (except as stated otherwise in
Section 16.1) license to use the Licensed Software solely in support of Your
internal business operations in the quantities and at the Use Levels described
in this License Agreement and the applicable License Instrument; and (ii) the
right to make a single uninstalled copy
of the Licensed Software for archival purposes which You may use and install
for disaster-recovery purposes (i.e. where the primary installation of the
Licensed Software becomes unavailable for use).
2.1 TERM. The term
of the Licensed Software license granted under this License Agreement shall be perpetual
(subject to Section 14) unless stated otherwise in Section 17 or unless You have obtained the Licensed
Software on a non-perpetual basis, such
as, under a subscription or term-based license for the period of time indicated
on the applicable License Instrument. If You have obtained the Licensed
Software on a non-perpetual basis, Your rights to use such Licensed Software shall
end on the applicable end date as indicated on the applicable License
Instrument and You shall cease use of the Licensed Software as of such
applicable end date.
3. 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; (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; (v) use of the Licensed Software by any party other than You; (vi) use of
a later version of the Licensed Software other than the version that
accompanies this License Agreement unless You have separately acquired the
right to use such later version through a License Instrument or Support Certificate;
nor (vii) use of the Licensed Software above the quantity and Use Level that
have been licensed to You under this License Agreement or the applicable
License Instrument.
4. OWNERSHIP/TITLE. The Licensed Software
is the proprietary property of Symantec or its licensors and is protected by
copyright law. 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.
5. CONTENT UPDATES. If You purchase a
Symantec maintenance/support offering consisting of or including Content
Updates, as indicated on Your Support Certificate, You are granted the right to
use, as part of the Licensed Software, such Content Updates as and when they
are made generally available to Symantec’s end user customers who have
purchased such maintenance/support offering and for such period of time as
indicated on the face of the applicable Support Certificate. This License Agreement
does not otherwise permit You to obtain and use Content Updates.
6. UPGRADES/CROSS-GRADES. Symantec reserves the right to require
that any upgrades (if any) of the Licensed Software may only be obtained in a
quantity equal to the number indicated on the applicable License Instrument. An
upgrade to an existing license shall not be deemed to increase the number of
licenses which You are authorized to use. Additionally, if You upgrade a Licensed
Software license, or purchase a Licensed Software license listed on the
applicable License Instrument to cross-grade an existing license (i.e. to
increase its functionality, and/or transfer it to a new operating system,
hardware tier or licensing meter), then Symantec issues the applicable Licensed
Instrument based on the understanding that You agree to cease using the
original license. Any such license upgrade or cross-grade is provided under
Symantec's policies in effect at the time of order. This License Agreement does
not separately license You for additional licenses beyond those which You have
purchased, and which have been authorized by Symantec as indicated on the
applicable License Instrument.
7. LIMITED WARRANTY.
7.1. MEDIA WARRANTY. If Symantec provides the
Licensed Software to You on tangible media, Symantec warrants that the magnetic
media upon which the Licensed Software is recorded will not be defective under
normal use, for a period of ninety (90) days from delivery. Symantec will
replace any defective media returned to Symantec within the warranty period at
no charge to You. The above warranty is inapplicable in the event the Licensed
Software media becomes defective due to unauthorized use of the Licensed
Software. THE FOREGOING IS YOUR SOLE AND
EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
7.2. PERFORMANCE WARRANTY. Symantec warrants
that the Licensed Software, as delivered by Symantec and when used in
accordance with the Documentation, will substantially conform to the
Documentation for a period of ninety (90) days from delivery. If the Licensed
Software does not comply with this warranty and such non-compliance is reported
by You to Symantec within the ninety (90) day warranty period, Symantec will do
one of the following, selected at Symantec’s reasonable discretion: either (i)
repair the Licensed Software, (ii) replace the Licensed Software with software
of substantially the same functionality, or (iii) terminate this License
Agreement and refund the relevant license fees paid for such non-compliant
Licensed Software. The above warranty specifically excludes defects resulting
from accident, abuse, unauthorized repair, modifications or enhancements, or
misapplication. THE FOREGOING IS YOUR
SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
8. WARRANTY DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE warranties
set forth in sections 7.1 and 7.2 are YOUR exclusive warranties AND ARE IN LIEU OF ALL
OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. SYMANTEC MAKES NO WARRANTIES OR REPRESENTATIONS THAT
THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES WILL MEET YOUR REQUIREMENTS
OR THAT OPERATION OR USE OF THE LICENSED SOFTWARE, CONTENT UPDATES, AND
UPGRADES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU MAY HAVE OTHER WARRANTY RIGHTS,
WHICH MAY VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
9. 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 OR
ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY
COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF
PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION,
LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR
ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL,
CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR
INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS,
SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL
SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING
RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR
LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE
OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE
DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR
NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.
10. MAINTENANCE/SUPPORT. Symantec has no
obligation under this License Agreement to provide maintenance/support for the
Licensed Software. Any maintenance/support purchased for the Licensed Software
is subject to Symantec’s then-current maintenance/support policies.
11. SOFTWARE EVALUATION. If the Licensed
Software is provided to You for evaluation purposes and You have an evaluation
agreement with Symantec for the Licensed Software, Your rights to evaluate the
Licensed Software will be pursuant to the terms of such evaluation agreement.
If You do not have an evaluation agreement with Symantec for the Licensed
Software and if You are provided the Licensed Software for evaluation purposes, the following terms and conditions shall
apply. Symantec
grants to You a nonexclusive, temporary, royalty-free, non-assignable license
to use the Licensed Software solely for internal non-production evaluation. Such
evaluation license shall terminate (i) on the end date of the pre-determined
evaluation period, if an evaluation period is pre-determined in the Licensed
Software or (ii) sixty (60) days from the date of Your initial installation of
the Licensed Software, if no such evaluation period is pre-determined in the
Licensed Software (“Evaluation Period”). The Licensed Software may not be transferred and is provided “AS
IS” without warranty of any kind. You are solely responsible to take
appropriate measures to back up Your system and take other measures to prevent
any loss of files or data. The Licensed Software may contain an automatic
disabling mechanism that prevents its use after a certain period of time. Upon
expiration of the Licensed Software Evaluation Period, You will cease use of
the Licensed Software and destroy all copies of the Licensed Software. All
other terms and conditions of this License Agreement shall otherwise apply to
Your evaluation of the Licensed Software as permitted herein.
12.
13. 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
14. TERMINATION. This License Agreement shall terminate upon Your breach of any term
contained herein. Upon termination, You shall immediately stop using and
destroy all copies of the Licensed Software.
15. SURVIVAL. The following provisions of
this License Agreement survive termination of this License Agreement: Definitions,
License Restrictions and any other restrictions on use of intellectual property,
Ownership/Title, Warranty Disclaimers, Limitation of Liability, U.S. Government
Restricted Rights, Export Regulation, Survival, and General.
16. GENERAL.
16.1. ASSIGNMENT. 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.
16.2. COMPLIANCE WITH APPLICABLE LAW. You
are solely responsible for Your compliance with, and You agree to comply with,
all applicable laws, rules, and regulations in connection with Your use of the
Licensed Software.
16.3. AUDIT. An auditor, selected by Symantec
and reasonably acceptable to You, may, upon reasonable notice and during normal
business hours, but not more often than once each year, inspect Your records
and deployment in order to confirm that Your use of the Licensed Software
complies with this License Agreement and the applicable License Instrument.
Symantec shall bear the costs of any such audit, except where the audit
demonstrates that the Manufacturer’s Suggested Reseller Price (MSRP) value of
Your non-compliant usage exceeds five percent (5%) of the MSRP value of Your
compliant deployments. In such case, in addition to purchasing appropriate
licenses for any over-deployed Licensed Software, You shall reimburse Symantec
for the auditor’s reasonable actual fees for such audit.
16.4. GOVERNING
LAW; SEVERABILITY; WAIVER. If You are located
in North America or Latin America, this License Agreement will be governed by
the laws of the State of
16.5. 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.
16.6. CUSTOMER SERVICE.
Should You have any questions concerning this License Agreement, or if You
desire to contact Symantec for any reason, please write to: (i) Symantec Enterprise
Customer Care, 555 International Way,
16.7. ENTIRE AGREEMENT. This License Agreement and any related License
Instrument are the complete and exclusive agreement between You and Symantec
relating to the Licensed Software and supersede any previous or contemporaneous
oral or written communications, proposals, and representations with respect to
its subject matter. This License Agreement prevails over any conflicting
or additional terms of any purchase order, ordering document, acknowledgement
or confirmation or other document issued by You, even if signed and returned. This License Agreement may only be modified by a
License Instrument that accompanies or follows this License Agreement.
17. ADDITIONAL
TERMS AND CONDITIONS. Your
use of the Licensed Software is subject to the terms and conditions below in
addition to those stated above.
17.1 Definitions.
A. “License Certificate” includes a
written communication issued by Symantec confirming Your license of the
Licensed Software and that accompanies, precedes or follows this License
Agreement.
B. “Maintenance Certificate” includes a
written communication issued by Symantec confirming Your maintenance/support
for the Licensed Software and that accompanies, precedes or follows this
License Agreement.
17.2 Node
License. Under the terms of a Node
License, you may use the Licensed Software to manage an aggregate number of
Nodes within your organization not to exceed the sum of your licensed nodal
count. A “Node” is any asset under
management by the Licensed Software. An
asset is: (a) a physical device such as a computer, PDA, or server, (b) a
virtual device, such as an operating environment that may be running
concurrently with another operating environment on a single physical device
(e.g., VMware*, Virtual PC*, Virtual Server*), or (c) an object stored by the Licensed
Software in a database, such object representing a physical or virtual asset
for which data is being tracked or managed by the Licensed Software (e.g.,
printer, copier, etc.). A Node License will be deemed consumed for a particular
Licensed Software product once an asset (as defined above) has been managed by
a particular Software product. An asset has been managed by a particular Licensed
Software product once the Licensed Software product has (i) been run locally on
an asset, (ii) remotely interacted with and/or received a response from an
asset, (iii) configured or changed a setting of or migrated settings to or from
an asset, or (iv) otherwise performed any management functionality that such
particular Licensed Software product has been designed to perform with respect
to an asset. You must purchase a sufficient number of Node Licenses to cover
all Node Licenses consumed by a particular Licensed Software product.
17.3 Software
Virtualization Solution Agent. If
the Licensed Software You have licensed includes Altiris Software
Virtualization Solution agent (the “SVS Agent”), You shall have the right to
install the SVS Agent only on the number of Nodes specified in the applicable
License Certificate for the Licensed Software, and only on the Nodes being
managed by the Licensed Software, e.g. Software Management Solution. If you elect to use the SVS Agent, You must
use the SVS Agent in support of the Licensed Software.
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 OPENING THE LICENSED SOFTWARE PACKAGE, BREAKING THE LICENSED SOFTWARE SEAL, CLICKING THE “I AGREE” OR “YES” BUTTON, OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR LOADING THE LICENSED SOFTWARE 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 FURTHER USE OF THE LICENSED SOFTWARE. UNLESS OTHERWISE DEFINED HEREIN, CAPITALIZED TERMS WILL HAVE THE MEANING GIVEN IN THE “DEFINITIONS” SECTION OF THIS LICENSE AGREEMENT AND SUCH CAPITALIZED TERMS MAY BE USED IN THE SINGULAR OR IN THE PLURAL, AS THE CONTEXT REQUIRES.
1. DEFINITIONS.
“Content Updates” means content used by certain Symantec products which is updated from time to time, including but not limited to: updated anti-spyware definitions for anti-spyware products; updated antispam rules for antispam products; updated virus definitions for antivirus and crimeware products; updated URL lists for content filtering and antiphishing products; updated firewall rules for firewall products; updated intrusion detection data for intrusion detection products; updated lists of authenticated web pages for website authentication products; updated policy compliance rules for policy compliance products; and updated vulnerability signatures for vulnerability assessment products.
“Documentation” means the user documentation Symantec provides with the Licensed Software.
“License Instrument” means one or more of the following applicable documents which further defines Your license rights to the Licensed Software: a Symantec license certificate or a similar license document issued by Symantec, or a written agreement between You and Symantec, that accompanies, precedes or follows this License Agreement.
“Licensed Software” means the Symantec software product, in object code form, accompanying this License Agreement, including any Documentation included in, or provided for use with, such software or that accompanies this License Agreement.
“Support Certificate” means the certificate sent by Symantec confirming Your purchase of the applicable Symantec maintenance/support for the Licensed Software.
“Upgrade” means any version of the Licensed Software that has been released to the public and which replaces the prior version of the Licensed Software on Symantec’s price list pursuant to Symantec’s then-current upgrade policies.
“Use Level” means the license use meter or model (which may include operating system, hardware system, application or machine tier limitations, if applicable) by which Symantec measures, prices and licenses the right to use the Licensed Software, in effect at the time an order is placed for such Licensed Software, as indicated in this License Agreement and the applicable License Instrument.
2. LICENSE GRANT. Subject to Your compliance with the terms and conditions of this License Agreement, Symantec grants to You the following rights: (i) a non-exclusive, non-transferable (except as stated otherwise in Section 16.1) license to use the Licensed Software solely in support of Your internal business operations in the quantities and at the Use Levels described in this License Agreement and the applicable License Instrument; and (ii) the right to make a single uninstalled copy of the Licensed Software for archival purposes which You may use and install for disaster-recovery purposes (i.e. where the primary installation of the Licensed Software becomes unavailable for use).
2.1 TERM. The term of the Licensed Software license granted under this License Agreement shall be perpetual (subject to Section 14) unless stated otherwise in Section 17 or unless You have obtained the Licensed Software on a non-perpetual basis, such as, under a subscription or term-based license for the period of time indicated on the applicable License Instrument. If You have obtained the Licensed Software on a non-perpetual basis, Your rights to use such Licensed Software shall end on the applicable end date as indicated on the applicable License Instrument and You shall cease use of the Licensed Software as of such applicable end date.
3. 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; (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; (v) use of the Licensed Software by any party other than You; (vi) use of a later version of the Licensed Software other than the version that accompanies this License Agreement unless You have separately acquired the right to use such later version through a License Instrument or Support Certificate; nor (vii) use of the Licensed Software above the quantity and Use Level that have been licensed to You under this License Agreement or the applicable License Instrument.
4. OWNERSHIP/TITLE. The Licensed Software is the proprietary property of Symantec or its licensors and is protected by copyright law. 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.
5. CONTENT UPDATES. If You purchase a Symantec maintenance/support offering consisting of or including Content Updates, as indicated on Your Support Certificate, You are granted the right to use, as part of the Licensed Software, such Content Updates as and when they are made generally available to Symantec’s end user customers who have purchased such maintenance/support offering and for such period of time as indicated on the face of the applicable Support Certificate. This License Agreement does not otherwise permit You to obtain and use Content Updates.
6. UPGRADES/CROSS-GRADES. Symantec reserves the right to require that any upgrades (if any) of the Licensed Software may only be obtained in a quantity equal to the number indicated on the applicable License Instrument. An upgrade to an existing license shall not be deemed to increase the number of licenses which You are authorized to use. Additionally, if You upgrade a Licensed Software license, or purchase a Licensed Software license listed on the applicable License Instrument to cross-grade an existing license (i.e. to increase its functionality, and/or transfer it to a new operating system, hardware tier or licensing meter), then Symantec issues the applicable Licensed Instrument based on the understanding that You agree to cease using the original license. Any such license upgrade or cross-grade is provided under Symantec's policies in effect at the time of order. This License Agreement does not separately license You for additional licenses beyond those which You have purchased, and which have been authorized by Symantec as indicated on the applicable License Instrument.
7. LIMITED WARRANTY.
7.1. MEDIA WARRANTY. If Symantec provides the Licensed Software to You on tangible media, Symantec warrants that the magnetic media upon which the Licensed Software is recorded will not be defective under normal use, for a period of ninety (90) days from delivery. Symantec will replace any defective media returned to Symantec within the warranty period at no charge to You. The above warranty is inapplicable in the event the Licensed Software media becomes defective due to unauthorized use of the Licensed Software. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
7.2. PERFORMANCE WARRANTY. Symantec warrants that the Licensed Software, as delivered by Symantec and when used in accordance with the Documentation, will substantially conform to the Documentation for a period of ninety (90) days from delivery. If the Licensed Software does not comply with this warranty and such non-compliance is reported by You to Symantec within the ninety (90) day warranty period, Symantec will do one of the following, selected at Symantec’s reasonable discretion: either (i) repair the Licensed Software, (ii) replace the Licensed Software with software of substantially the same functionality, or (iii) terminate this License Agreement and refund the relevant license fees paid for such non-compliant Licensed Software. The above warranty specifically excludes defects resulting from accident, abuse, unauthorized repair, modifications or enhancements, or misapplication. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
8. WARRANTY DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE warranties set forth in sections 7.1 and 7.2 are YOUR exclusive warranties AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. SYMANTEC MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OR USE OF THE LICENSED SOFTWARE, CONTENT UPDATES, AND UPGRADES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU MAY HAVE OTHER WARRANTY RIGHTS, WHICH MAY VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
9. 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 OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.
10. MAINTENANCE/SUPPORT. Symantec has no obligation under this License Agreement to provide maintenance/support for the Licensed Software. Any maintenance/support purchased for the Licensed Software is subject to Symantec’s then-current maintenance/support policies.
11. SOFTWARE EVALUATION. If the Licensed Software is provided to You for evaluation purposes and You have an evaluation agreement with Symantec for the Licensed Software, Your rights to evaluate the Licensed Software will be pursuant to the terms of such evaluation agreement. If You do not have an evaluation agreement with Symantec for the Licensed Software and if You are provided the Licensed Software for evaluation purposes, the following terms and conditions shall apply. Symantec grants to You a nonexclusive, temporary, royalty-free, non-assignable license to use the Licensed Software solely for internal non-production evaluation. Such evaluation license shall terminate (i) on the end date of the pre-determined evaluation period, if an evaluation period is pre-determined in the Licensed Software or (ii) sixty (60) days from the date of Your initial installation of the Licensed Software, if no such evaluation period is pre-determined in the Licensed Software (“Evaluation Period”). The Licensed Software may not be transferred and is provided “AS IS” without warranty of any kind. You are solely responsible to take appropriate measures to back up Your system and take other measures to prevent any loss of files or data. The Licensed Software may contain an automatic disabling mechanism that prevents its use after a certain period of time. Upon expiration of the Licensed Software Evaluation Period, You will cease use of the Licensed Software and destroy all copies of the Licensed Software. All other terms and conditions of this License Agreement shall otherwise apply to Your evaluation of the Licensed Software as permitted herein.
12. U.S. GOVERNMENT RESTRICTED RIGHTS. The Licensed 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 Licensed Software - Restricted Rights" and DFARS 227.7202, “Rights in Commercial Computer Licensed Software or Commercial Computer Licensed Software Documentation”, as applicable, and any successor regulations. Any use, modification, reproduction release, performance, display or disclosure of the Licensed Software by the U.S. Government shall be solely in accordance with the terms of this License Agreement.
13. 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. All Symantec products, including the Controlled Technology are prohibited for export or re-export to Cuba, North Korea, Iran, Syria and Sudan and to any country subject to relevant trade sanctions. You hereby agree that You will not export or sell any Controlled Technology for use in connection with chemical, biological, or nuclear weapons, or missiles, drones or space launch vehicles capable of delivering such weapons.
14. TERMINATION. This License Agreement shall terminate upon Your breach of any term contained herein. Upon termination, You shall immediately stop using and destroy all copies of the Licensed Software.
15. SURVIVAL. The following provisions of this License Agreement survive termination of this License Agreement: Definitions, License Restrictions and any other restrictions on use of intellectual property, Ownership/Title, Warranty Disclaimers, Limitation of Liability, U.S. Government Restricted Rights, Export Regulation, Survival, and General.
16. GENERAL.
16.1. ASSIGNMENT. 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.
16.2. COMPLIANCE WITH APPLICABLE LAW. You are solely responsible for Your compliance with, and You agree to comply with, all applicable laws, rules, and regulations in connection with Your use of the Licensed Software.
16.3. AUDIT. An auditor, selected by Symantec and reasonably acceptable to You, may, upon reasonable notice and during normal business hours, but not more often than once each year, inspect Your records and deployment in order to confirm that Your use of the Licensed Software complies with this License Agreement and the applicable License Instrument. Symantec shall bear the costs of any such audit, except where the audit demonstrates that the Manufacturer’s Suggested Reseller Price (MSRP) value of Your non-compliant usage exceeds five percent (5%) of the MSRP value of Your compliant deployments. In such case, in addition to purchasing appropriate licenses for any over-deployed Licensed Software, You shall reimburse Symantec for the auditor’s reasonable actual fees for such audit.
16.4. GOVERNING LAW; SEVERABILITY; WAIVER. 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.
16.5. 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.
16.6. CUSTOMER SERVICE. Should You have any questions concerning this License Agreement, or if You desire to contact Symantec for any reason, please write to: (i) Symantec Enterprise Customer Care, 555 International Way, Springfield, Oregon 97477, U.S.A., (ii) Symantec Enterprise Customer Care Center, PO BOX 5689, Dublin 15, Ireland, or (iii) Symantec Enterprise Customer Care, 1 Julius Ave, North Ryde, NSW 2113, Australia.
16.7. ENTIRE AGREEMENT. This License Agreement and any related License Instrument are the complete and exclusive agreement between You and Symantec relating to the Licensed Software and supersede any previous or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter. This License Agreement prevails over any conflicting or additional terms of any purchase order, ordering document, acknowledgement or confirmation or other document issued by You, even if signed and returned. This License Agreement may only be modified by a License Instrument that accompanies or follows this License Agreement.
17. ADDITIONAL TERMS AND CONDITIONS. Your use of the Licensed Software is subject to the terms and conditions below in addition to those stated above.
17.1 DEFINITIONS.
17.1.1 Per Device. A Device is defined as a single computer, storage drive or other device (i) on which You can install and use the Licensed Software, (ii) from which You access and use the Licensed Software installed on a network, or (iii) a physical connection point that links together two separate devices.
17.1.2 Per Managed Device. A Managed Device is defined as a device that is managed, monitored and/or protected by the Licensed Software but that may not actually be running the Licensed Software itself.
17.1.3 Per Server. A Server is defined as an individual computer, acting as a service or resource provider to client computers by sharing the resources within the network infrastructure. A Server can run server software for other computers or devices.
17.2 USE LEVELS.
17.2.1 You may copy and use the Licensed Software for the number of Devices, Managed Devices, and/or Servers as have been licensed to You by Symantec under a License Instrument. For devices running multiple operating systems (e.g., multiple boot systems or virtual machine servers), each instance of new operating systems constitutes a new Device from which You access and use the Licensed Software. For Devices or Servers in a cluster, You may use each individual copy of the Licensed Software and related documentation on a single active Device or Server at any one time provided that a separate licensed copy of Licensed Software is installed on each active Device or Server within the cluster. Each active Device requires a unique license of the Licensed Software.
17.2.2 You may use one licensed copy of the Symantec Backup Exec™ System Recovery Server on a per Server basis.
17.2.3 You may use one licensed copy of the Symantec Backup Exec™ System Recovery Desktop on a per Device basis.
17.2.4 You may use one licensed copy of the Symantec Backup Exec™ System Recovery Small Business Server on a per Server basis.
17.2.5 You may use one licensed copy of the Symantec Backup Exec™ System Recovery Linux Edition on a per Server basis.
17.2.6 You may use one licensed copy of the Symantec Backup Exec™ System Recovery Virtual Edition on a per Server basis.
17.2.7 You may use the activation information (i.e. the license key) provided by Symantec for the Licensed Software to enable a prior version of the Licensed Software provided that such activation information is backward compatible (Symantec makes no warranty with respect to the activation information in connection with such use), subject to the licensing requirements and restrictions set forth herein. Notwithstanding the foregoing, all prior versions of the Licensed Software are subject to Symantec’s end-of-life policy and support limitations.
17.2.8 If you have licensed Symantec Backup Exec™ System Recovery Server as part of a Symantec Protection Suite Advanced Business Edition product, you may use one (1) licensed copy of the Symantec Backup Exec™ System Recovery Server per fifty (50) licensed copies of the Symantec Protection Suite Advanced Business Edition product that you purchased on a single order, unless otherwise specified in your License Instrument. Current Symantec license rates/ratios for Symantec Backup Exec™ System Recovery Server are included in the Symantec Protection Suite Advanced Business Edition product documentation.
17.3 For Backup Exec™ System Recovery Virtual Edition, these additional license provisions shall apply:
17.3.1 You may use a single Backup Exec™ System Recovery Virtual Edition license to protect a single physical server at any one time, and such physical host server may protect an unlimited number of guest virtual machines that reside on the licensed host system.
17.4 Symantec Recovery Disk. If the Licensed Software You have licensed includes the Symantec Recovery Disk (“referred to in this Section 17.4 as the “Component”) the following uses and restrictions apply to the Licensed Software:
17.4.1 The Component contains Windows® software licensed from Microsoft Corporation. Microsoft Corporation has no liability to You for the Component. Any support for the Component will be provided by Symantec in accordance with Symantec’s then-current support guidelines.
17.4.2 THE COMPONENT CONTAINS A TIME-OUT FEATURE THAT WILL AUTOMATICALLY RE-BOOT THE DEVICE AFTER SEVENTY-TWO HOURS OF CONTINUOUS USE. THIS TIME-OUT FEATURE WILL RESET EACH TIME THE COMPONENT IS RE-LAUNCHED.
17.4.3 The Component may be used as a boot, diagnostic, disaster recovery, setup, restoration, emergency service, installation, test, and configuration utility program. Use of the Component as a general purpose operating system or as a substitute for a fully functional version of any operating system product is strictly prohibited.
Windows® is a registered trademark of Microsoft Corporation.
17.5 Microsoft WAIK. If the Licensed Software You have licensed includes the Microsoft Window Automated Installation Kit (referred to in this section 17.5 as the “Component”), the uses and restrictions set forth below apply to the Component. For the purpose of clarification only, Symantec Recovery Disk includes the Component.
A. The Component contains Windows® software licensed from Microsoft Corporation. Microsoft Corporation has no liability to You for the Component. Any support for the Component will be provided by Symantec in accordance with Symantec’s then-current support guidelines.
B. You may install and use any number of copies of the Component on Your devices solely for the purpose of deploying Windows operating system software on Your devices. Certain portions of the Component are provided to You with additional license rights and restrictions, as follows:
i. Windows Pre-Installation Environment: You may install and use the Windows Pre-Installation Environment for purposes of diagnosing and recovering Windows operating system software. For the avoidance of doubt, You may not use the Windows Pre-Installation Environment for any other purpose, including without limitation as a general operating system, as a thin client or as a remote desktop client.
ii. ImageX.exe, Wimapi.dll, Wimfilter and Package Manager: You may install and use the ImageX.exe, Wimapi.dll and Wimfilter and Package Manager portions of the Component for recovering Windows operating system software. For the avoidance of doubt, You may not use these portions of the Component for any other purpose, including without limitation for purposes of backing up Your Windows operating system.
C. Notwithstanding any other term of this Agreement, the Component is provided without warranty of any kind whatsoever and is licensed “AS IS.”
Windows® is a registered trademark of Microsoft Corporation.
17.6 Google Desktop™. The Licensed Software may include access to the Google Desktop™ search engine (“Application”) licensed to You by Google Inc. Your use of the Application is governed by an agreement between You and Google. Symantec has no liability to You for Your use of Application and does not warranty or provide technical support for Your use of the Application.
Google™ and Google Desktop™ are trademarks of Google Inc.
17.7 The Licensed Software may contain third party device drivers. Such device drivers are provided solely for Your convenience. It is Your responsibility to confirm whether such device drivers are applicable to Your environment. The device drivers are provided by Symantec "AS IS" WITHOUT ANY TECHNICAL SUPPORT OR WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO FITNESS FOR A PARTICULAR PURPOSE. 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 THE THIRD PARTY DEVICE DRIVER.
17.8 PRIVACY; DATA PROTECTION.
From time to time, the Licensed Software will collect certain information from the computer on which it is installed, which may include:
· Information collected through the Licensed Software’s Send Feedback feature possibly including personal name, company name, e-mail address and phone number. This information is provided voluntarily by the user after having the opportunity to read the Licensed Software’s Privacy Statement. This information will be used to allow a Symantec representative to respond to the user offering feedback. It will not be correlated with any information unrelated to the feedback.
· Other non-personally identifiable information which is used for product administration and analysis. This information will not be correlated with any personally identifiable information.
Symantec may disclose the collected information if asked to do so by a law enforcement official as required or permitted by law or in response to a subpoena or other legal process. 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 Licensed Software, You acknowledge and agree that Symantec may collect, transmit, store, disclose and analyze such information for these purposes.
GLB ENT EULA TEMPLATE v.1.0_Symantec Backup Exec System Recovery_20 Jan 2010
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 OPENING THE LICENSED SOFTWARE PACKAGE, BREAKING THE LICENSED SOFTWARE SEAL, CLICKING THE “I AGREE” OR “YES” BUTTON, OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR LOADING THE LICENSED SOFTWARE 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 FURTHER USE OF THE LICENSED SOFTWARE. UNLESS OTHERWISE DEFINED HEREIN, CAPITALIZED TERMS WILL HAVE THE MEANING GIVEN IN THE “DEFINITIONS” SECTION OF THIS LICENSE AGREEMENT AND SUCH CAPITALIZED TERMS MAY BE USED IN THE SINGULAR OR IN THE PLURAL, AS THE CONTEXT REQUIRES.
1. DEFINITIONS.
“Content Updates” means content used by certain Symantec products which is updated from time to time, including but not limited to: updated anti-spyware definitions for anti-spyware products; updated antispam rules for antispam products; updated virus definitions for antivirus and crimeware products; updated URL lists for content filtering and antiphishing products; updated firewall rules for firewall products; updated intrusion detection data for intrusion detection products; updated lists of authenticated web pages for website authentication products; updated policy compliance rules for policy compliance products; and updated vulnerability signatures for vulnerability assessment products.
“Documentation” means the user documentation Symantec provides with the Licensed Software.
“License Instrument” means one or more of the following applicable documents which further defines Your license rights to the Licensed Software: a Symantec license certificate or a similar license document issued by Symantec, or a written agreement between You and Symantec, that accompanies, precedes or follows this License Agreement.
“Licensed Software” means the Symantec software product, in object code form, accompanying this License Agreement, including any Documentation included in, or provided for use with, such software or that accompanies this License Agreement.
“Support Certificate” means the certificate sent by Symantec confirming Your purchase of the applicable Symantec maintenance/support for the Licensed Software.
“Upgrade” means any version of the Licensed Software that has been released to the public and which replaces the prior version of the Licensed Software on Symantec’s price list pursuant to Symantec’s then-current upgrade policies.
“Use Level” means the license use meter or model (which may include operating system, hardware system, application or machine tier limitations, if applicable) by which Symantec measures, prices and licenses the right to use the Licensed Software, in effect at the time an order is placed for such Licensed Software, as indicated in this License Agreement and the applicable License Instrument.
2. LICENSE GRANT. Subject to Your compliance with the terms and conditions of this License Agreement, Symantec grants to You the following rights: (i) a non-exclusive, non-transferable (except as stated otherwise in Section 16.1) license to use the Licensed Software solely in support of Your internal business operations in the quantities and at the Use Levels described in this License Agreement and the applicable License Instrument; and (ii) the right to make a single uninstalled copy of the Licensed Software for archival purposes which You may use and install for disaster-recovery purposes (i.e. where the primary installation of the Licensed Software becomes unavailable for use).
2.1 TERM. The term of the Licensed Software license granted under this License Agreement shall be perpetual (subject to Section 14) unless stated otherwise in Section 17 or unless You have obtained the Licensed Software on a non-perpetual basis, such as, under a subscription or term-based license for the period of time indicated on the applicable License Instrument. If You have obtained the Licensed Software on a non-perpetual basis, Your rights to use such Licensed Software shall end on the applicable end date as indicated on the applicable License Instrument and You shall cease use of the Licensed Software as of such applicable end date.
3. 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; (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; (v) use of the Licensed Software by any party other than You; (vi) use of a later version of the Licensed Software other than the version that accompanies this License Agreement unless You have separately acquired the right to use such later version through a License Instrument or Support Certificate; nor (vii) use of the Licensed Software above the quantity and Use Level that have been licensed to You under this License Agreement or the applicable License Instrument.
4. OWNERSHIP/TITLE. The Licensed Software is the proprietary property of Symantec or its licensors and is protected by copyright law. 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.
5. CONTENT UPDATES. If You purchase a Symantec maintenance/support offering consisting of or including Content Updates, as indicated on Your Support Certificate, You are granted the right to use, as part of the Licensed Software, such Content Updates as and when they are made generally available to Symantec’s end user customers who have purchased such maintenance/support offering and for such period of time as indicated on the face of the applicable Support Certificate. This License Agreement does not otherwise permit You to obtain and use Content Updates.
6. UPGRADES/CROSS-GRADES. Symantec reserves the right to require that any upgrades (if any) of the Licensed Software may only be obtained in a quantity equal to the number indicated on the applicable License Instrument. An upgrade to an existing license shall not be deemed to increase the number of licenses which You are authorized to use. Additionally, if You upgrade a Licensed Software license, or purchase a Licensed Software license listed on the applicable License Instrument to cross-grade an existing license (i.e. to increase its functionality, and/or transfer it to a new operating system, hardware tier or licensing meter), then Symantec issues the applicable Licensed Instrument based on the understanding that You agree to cease using the original license. Any such license upgrade or cross-grade is provided under Symantec's policies in effect at the time of order. This License Agreement does not separately license You for additional licenses beyond those which You have purchased, and which have been authorized by Symantec as indicated on the applicable License Instrument.
7. LIMITED WARRANTY.
7.1. MEDIA WARRANTY. If Symantec provides the Licensed Software to You on tangible media, Symantec warrants that the magnetic media upon which the Licensed Software is recorded will not be defective under normal use, for a period of ninety (90) days from delivery. Symantec will replace any defective media returned to Symantec within the warranty period at no charge to You. The above warranty is inapplicable in the event the Licensed Software media becomes defective due to unauthorized use of the Licensed Software. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
7.2. PERFORMANCE WARRANTY. Symantec warrants that the Licensed Software, as delivered by Symantec and when used in accordance with the Documentation, will substantially conform to the Documentation for a period of ninety (90) days from delivery. If the Licensed Software does not comply with this warranty and such non-compliance is reported by You to Symantec within the ninety (90) day warranty period, Symantec will do one of the following, selected at Symantec’s reasonable discretion: either (i) repair the Licensed Software, (ii) replace the Licensed Software with software of substantially the same functionality, or (iii) terminate this License Agreement and refund the relevant license fees paid for such non-compliant Licensed Software. The above warranty specifically excludes defects resulting from accident, abuse, unauthorized repair, modifications or enhancements, or misapplication. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
8. WARRANTY DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE warranties set forth in sections 7.1 and 7.2 are YOUR exclusive warranties AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. SYMANTEC MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OR USE OF THE LICENSED SOFTWARE, CONTENT UPDATES, AND UPGRADES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU MAY HAVE OTHER WARRANTY RIGHTS, WHICH MAY VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
9. 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 OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.
10. MAINTENANCE/SUPPORT. Symantec has no obligation under this License Agreement to provide maintenance/support for the Licensed Software. Any maintenance/support purchased for the Licensed Software is subject to Symantec’s then-current maintenance/support policies.
11. SOFTWARE EVALUATION. If the Licensed Software is provided to You for evaluation purposes and You have an evaluation agreement with Symantec for the Licensed Software, Your rights to evaluate the Licensed Software will be pursuant to the terms of such evaluation agreement. If You do not have an evaluation agreement with Symantec for the Licensed Software and if You are provided the Licensed Software for evaluation purposes, the following terms and conditions shall apply. Symantec grants to You a nonexclusive, temporary, royalty-free, non-assignable license to use the Licensed Software solely for internal non-production evaluation. Such evaluation license shall terminate (i) on the end date of the pre-determined evaluation period, if an evaluation period is pre-determined in the Licensed Software or (ii) sixty (60) days from the date of Your initial installation of the Licensed Software, if no such evaluation period is pre-determined in the Licensed Software (“Evaluation Period”). The Licensed Software may not be transferred and is provided “AS IS” without warranty of any kind. You are solely responsible to take appropriate measures to back up Your system and take other measures to prevent any loss of files or data. The Licensed Software may contain an automatic disabling mechanism that prevents its use after a certain period of time. Upon expiration of the Licensed Software Evaluation Period, You will cease use of the Licensed Software and destroy all copies of the Licensed Software. All other terms and conditions of this License Agreement shall otherwise apply to Your evaluation of the Licensed Software as permitted herein.
12. U.S. GOVERNMENT RESTRICTED RIGHTS. The Licensed 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 Licensed Software - Restricted Rights" and DFARS 227.7202, “Rights in Commercial Computer Licensed Software or Commercial Computer Licensed Software Documentation”, as applicable, and any successor regulations. Any use, modification, reproduction release, performance, display or disclosure of the Licensed Software by the U.S. Government shall be solely in accordance with the terms of this License Agreement.
13. 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. All Symantec products, including the Controlled Technology are prohibited for export or re-export to Cuba, North Korea, Iran, Syria and Sudan and to any country subject to relevant trade sanctions. You hereby agree that You will not export or sell any Controlled Technology for use in connection with chemical, biological, or nuclear weapons, or missiles, drones or space launch vehicles capable of delivering such weapons.
14. TERMINATION. This License Agreement shall terminate upon Your breach of any term contained herein. Upon termination, You shall immediately stop using and destroy all copies of the Licensed Software.
15. SURVIVAL. The following provisions of this License Agreement survive termination of this License Agreement: Definitions, License Restrictions and any other restrictions on use of intellectual property, Ownership/Title, Warranty Disclaimers, Limitation of Liability, U.S. Government Restricted Rights, Export Regulation, Survival, and General.
16. GENERAL.
16.1. ASSIGNMENT. 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.
16.2. COMPLIANCE WITH APPLICABLE LAW. You are solely responsible for Your compliance with, and You agree to comply with, all applicable laws, rules, and regulations in connection with Your use of the Licensed Software.
16.3. AUDIT. An auditor, selected by Symantec and reasonably acceptable to You, may, upon reasonable notice and during normal business hours, but not more often than once each year, inspect Your records and deployment in order to confirm that Your use of the Licensed Software complies with this License Agreement and the applicable License Instrument. Symantec shall bear the costs of any such audit, except where the audit demonstrates that the Manufacturer’s Suggested Reseller Price (MSRP) value of Your non-compliant usage exceeds five percent (5%) of the MSRP value of Your compliant deployments. In such case, in addition to purchasing appropriate licenses for any over-deployed Licensed Software, You shall reimburse Symantec for the auditor’s reasonable actual fees for such audit.
16.4. GOVERNING LAW; SEVERABILITY; WAIVER. 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.
16.5. 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.
16.6. CUSTOMER SERVICE.Should You have any questions concerning this License Agreement, or if You desire to contact Symantec for any reason, please write to: (i) Symantec Enterprise Customer Care, 555 International Way, Springfield, Oregon 97477, U.S.A., (ii) Symantec Enterprise Customer Care Center, PO BOX 5689, Dublin 15, Ireland, or (iii) Symantec Enterprise Customer Care, 1 Julius Ave, North Ryde, NSW 2113, Australia.
16.7. ENTIRE AGREEMENT. This License Agreement and any related License Instrument are the complete and exclusive agreement between You and Symantec relating to the Licensed Software and supersede any previous or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter. This License Agreement prevails over any conflicting or additional terms of any purchase order, ordering document, acknowledgement or confirmation or other document issued by You, even if signed and returned. This License Agreement may only be modified by a License Instrument that accompanies or follows this License Agreement.
17. ADDITIONAL TERMS AND CONDITIONS. Your use of the Licensed Software is subject to the terms and conditions below in addition to those stated above.
17.1 DEFINITIONS.
17.1.1 Per Server. A Server is defined as an individual computer, acting as a service or resource provider to client computers by sharing the resources within the network infrastructure. A Server can run server software for other computers or devices.
17.2 USE LEVELS.
You may copy and use the Licensed Software for the number of Servers as have been licensed to You by Symantec under a License Instrument. For Servers in a cluster, You may use each individual copy of the Licensed Software and related documentation on a single active Server at any one time provided that a separate licensed copy of Licensed Software is installed on each active Server within the cluster. Each active Server requires a unique license of the Licensed Software.
17.3 THIRD PARTY COMPONENTS
The Licensed Software may use or contain third party software and/or device drivers. Such software or device drivers are provided solely for Your convenience. It is Your responsibility to confirm whether such software or device drivers are applicable or usable in Your environment. The provided software or device drivers are used by Symantec "AS IS" WITHOUT ANY TECHNICAL SUPPORT OR WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO FITNESS FOR A PARTICULAR PURPOSE. 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 THE USE OF THIRD PARTY SOFTWARE OR DEVICE DRIVERS.
17.4 PRIVACY; DATA PROTECTION.
From time to time, the Licensed Software will collect certain information from the computer on which it is installed, which may include:
· Information collected through the Licensed Software’s Send Feedback feature possibly including personal name, company name, e-mail address and phone number. This information is provided voluntarily by the user after having the opportunity to read the Licensed Software’s Privacy Statement. This information will be used to allow a Symantec representative to respond to the user offering feedback. It will not be correlated with any information unrelated to the feedback.
· Other non-personally identifiable information which is used for product administration and analysis. This information will not be correlated with any personally identifiable information.
Symantec may disclose the collected information if asked to do so by a law enforcement official as required or permitted by law or in response to a subpoena or other legal process. 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 Licensed Software, You acknowledge and agree that Symantec may collect, transmit, store, disclose and analyze such information for these purposes.
GLB ENT EULA TEMPLATE v.1.0_Backup Exec System Recovery 2010 Linux Edition_29Sep2009
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 OPENING THE LICENSED SOFTWARE PACKAGE, BREAKING THE LICENSED SOFTWARE SEAL, CLICKING THE “I AGREE” OR “YES” BUTTON, OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR LOADING THE LICENSED SOFTWARE 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 FURTHER USE OF THE LICENSED SOFTWARE. UNLESS OTHERWISE DEFINED HEREIN, CAPITALIZED TERMS WILL HAVE THE MEANING GIVEN IN THE “DEFINITIONS” SECTION OF THIS LICENSE AGREEMENT AND SUCH CAPITALIZED TERMS MAY BE USED IN THE SINGULAR OR IN THE PLURAL, AS THE CONTEXT REQUIRES.
1. DEFINITIONS.
“Content Updates” means content used by certain Symantec products which is updated from time to time, including but not limited to: updated anti-spyware definitions for anti-spyware products; updated antispam rules for antispam products; updated virus definitions for antivirus and crimeware products; updated URL lists for content filtering and antiphishing products; updated firewall rules for firewall products; updated intrusion detection data for intrusion detection products; updated lists of authenticated web pages for website authentication products; updated policy compliance rules for policy compliance products; and updated vulnerability signatures for vulnerability assessment products.
“Documentation” means the user documentation Symantec provides with the Licensed Software.
“License Instrument” means one or more of the following applicable documents which further defines Your license rights to the Licensed Software: a Symantec license certificate or a similar license document issued by Symantec, or a written agreement between You and Symantec, that accompanies, precedes or follows this License Agreement.
“Licensed Software” means the Symantec software product, in object code form, accompanying this License Agreement, including any Documentation included in, or provided for use with, such software or that accompanies this License Agreement.
“Support Certificate” means the certificate sent by Symantec confirming Your purchase of the applicable Symantec maintenance/support for the Licensed Software.
“Upgrade” means any version of the Licensed Software that has been released to the public and which replaces the prior version of the Licensed Software on Symantec’s price list pursuant to Symantec’s then-current upgrade policies.
“Use Level” means the license use meter or model (which may include operating system, hardware system, application or machine tier limitations, if applicable) by which Symantec measures, prices and licenses the right to use the Licensed Software, in effect at the time an order is placed for such Licensed Software, as indicated in this License Agreement and the applicable License Instrument.
2. LICENSE GRANT. Subject to Your compliance with the terms and conditions of this License Agreement, Symantec grants to You the following rights: (i) a non-exclusive, non-transferable (except as stated otherwise in Section 16.1) license to use the Licensed Software solely in support of Your internal business operations in the quantities and at the Use Levels described in this License Agreement and the applicable License Instrument; and (ii) the right to make a single uninstalled copy of the Licensed Software for archival purposes which You may use and install for disaster-recovery purposes (i.e. where the primary installation of the Licensed Software becomes unavailable for use).
2.1 TERM. The term of the Licensed Software license granted under this License Agreement shall be perpetual (subject to Section 14) unless stated otherwise in Section 17 or unless You have obtained the Licensed Software on a non-perpetual basis, such as, under a subscription or term-based license for the period of time indicated on the applicable License Instrument. If You have obtained the Licensed Software on a non-perpetual basis, Your rights to use such Licensed Software shall end on the applicable end date as indicated on the applicable License Instrument and You shall cease use of the Licensed Software as of such applicable end date.
3. 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; (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; (v) use of the Licensed Software by any party other than You; (vi) use of a later version of the Licensed Software other than the version that accompanies this License Agreement unless You have separately acquired the right to use such later version through a License Instrument or Support Certificate; nor (vii) use of the Licensed Software above the quantity and Use Level that have been licensed to You under this License Agreement or the applicable License Instrument.
4. OWNERSHIP/TITLE. The Licensed Software is the proprietary property of Symantec or its licensors and is protected by copyright law. 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.
5. CONTENT UPDATES. If You purchase a Symantec maintenance/support offering consisting of or including Content Updates, as indicated on Your Support Certificate, You are granted the right to use, as part of the Licensed Software, such Content Updates as and when they are made generally available to Symantec’s end user customers who have purchased such maintenance/support offering and for such period of time as indicated on the face of the applicable Support Certificate. This License Agreement does not otherwise permit You to obtain and use Content Updates.
6. UPGRADES/CROSS-GRADES. Symantec reserves the right to require that any upgrades (if any) of the Licensed Software may only be obtained in a quantity equal to the number indicated on the applicable License Instrument. An upgrade to an existing license shall not be deemed to increase the number of licenses which You are authorized to use. Additionally, if You upgrade a Licensed Software license, or purchase a Licensed Software license listed on the applicable License Instrument to cross-grade an existing license (i.e. to increase its functionality, and/or transfer it to a new operating system, hardware tier or licensing meter), then Symantec issues the applicable Licensed Instrument based on the understanding that You agree to cease using the original license. Any such license upgrade or cross-grade is provided under Symantec's policies in effect at the time of order. This License Agreement does not separately license You for additional licenses beyond those which You have purchased, and which have been authorized by Symantec as indicated on the applicable License Instrument.
7. LIMITED WARRANTY.
7.1. MEDIA WARRANTY. If Symantec provides the Licensed Software to You on tangible media, Symantec warrants that the magnetic media upon which the Licensed Software is recorded will not be defective under normal use, for a period of ninety (90) days from delivery. Symantec will replace any defective media returned to Symantec within the warranty period at no charge to You. The above warranty is inapplicable in the event the Licensed Software media becomes defective due to unauthorized use of the Licensed Software. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
7.2. PERFORMANCE WARRANTY. Symantec warrants that the Licensed Software, as delivered by Symantec and when used in accordance with the Documentation, will substantially conform to the Documentation for a period of ninety (90) days from delivery. If the Licensed Software does not comply with this warranty and such non-compliance is reported by You to Symantec within the ninety (90) day warranty period, Symantec will do one of the following, selected at Symantec’s reasonable discretion: either (i) repair the Licensed Software, (ii) replace the Licensed Software with software of substantially the same functionality, or (iii) terminate this License Agreement and refund the relevant license fees paid for such non-compliant Licensed Software. The above warranty specifically excludes defects resulting from accident, abuse, unauthorized repair, modifications or enhancements, or misapplication. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
8. WARRANTY DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE warranties set forth in sections 7.1 and 7.2 are YOUR exclusive warranties AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. SYMANTEC MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OR USE OF THE LICENSED SOFTWARE, CONTENT UPDATES, AND UPGRADES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU MAY HAVE OTHER WARRANTY RIGHTS, WHICH MAY VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
9. 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 OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.
10. MAINTENANCE/SUPPORT. Symantec has no obligation under this License Agreement to provide maintenance/support for the Licensed Software. Any maintenance/support purchased for the Licensed Software is subject to Symantec’s then-current maintenance/support policies.
11. SOFTWARE EVALUATION. If the Licensed Software is provided to You for evaluation purposes and You have an evaluation agreement with Symantec for the Licensed Software, Your rights to evaluate the Licensed Software will be pursuant to the terms of such evaluation agreement. If You do not have an evaluation agreement with Symantec for the Licensed Software and if You are provided the Licensed Software for evaluation purposes, the following terms and conditions shall apply. Symantec grants to You a nonexclusive, temporary, royalty-free, non-assignable license to use the Licensed Software solely for internal non-production evaluation. Such evaluation license shall terminate (i) on the end date of the pre-determined evaluation period, if an evaluation period is pre-determined in the Licensed Software or (ii) sixty (60) days from the date of Your initial installation of the Licensed Software, if no such evaluation period is pre-determined in the Licensed Software (“Evaluation Period”). The Licensed Software may not be transferred and is provided “AS IS” without warranty of any kind. You are solely responsible to take appropriate measures to back up Your system and take other measures to prevent any loss of files or data. The Licensed Software may contain an automatic disabling mechanism that prevents its use after a certain period of time. Upon expiration of the Licensed Software Evaluation Period, You will cease use of the Licensed Software and destroy all copies of the Licensed Software. All other terms and conditions of this License Agreement shall otherwise apply to Your evaluation of the Licensed Software as permitted herein.
12. U.S. GOVERNMENT RESTRICTED RIGHTS. The Licensed 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 Licensed Software - Restricted Rights" and DFARS 227.7202, “Rights in Commercial Computer Licensed Software or Commercial Computer Licensed Software Documentation”, as applicable, and any successor regulations. Any use, modification, reproduction release, performance, display or disclosure of the Licensed Software by the U.S. Government shall be solely in accordance with the terms of this License Agreement.
13. 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 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 products, including the Controlled Technology are prohibited for export or re-export to Cuba, North Korea, Iran, Syria and Sudan and to any country subject to relevant trade sanctions. You hereby agree that You will not export or sell any Controlled Technology for use in connection with chemical, biological, or nuclear weapons, or missiles, drones or space launch vehicles capable of delivering such weapons.
14. TERMINATION. This License Agreement shall terminate upon Your breach of any term contained herein. Upon termination, You shall immediately stop using and destroy all copies of the Licensed Software.
15. SURVIVAL. The following provisions of this License Agreement survive termination of this License Agreement: Definitions, License Restrictions and any other restrictions on use of intellectual property, Ownership/Title, Warranty Disclaimers, Limitation of Liability, U.S. Government Restricted Rights, Export Regulation, Survival, and General.
16. GENERAL.
16.1. ASSIGNMENT. 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.
16.2. COMPLIANCE WITH APPLICABLE LAW. You are solely responsible for Your compliance with, and You agree to comply with, all applicable laws, rules, and regulations in connection with Your use of the Licensed Software.
16.3. AUDIT. An auditor, selected by Symantec and reasonably acceptable to You, may, upon reasonable notice and during normal business hours, but not more often than once each year, inspect Your records and deployment in order to confirm that Your use of the Licensed Software complies with this License Agreement and the applicable License Instrument. Symantec shall bear the costs of any such audit, except where the audit demonstrates that the Manufacturer’s Suggested Reseller Price (MSRP) value of Your non-compliant usage exceeds five percent (5%) of the MSRP value of Your compliant deployments. In such case, in addition to purchasing appropriate licenses for any over-deployed Licensed Software, You shall reimburse Symantec for the auditor’s reasonable actual fees for such audit.
16.4. GOVERNING LAW; SEVERABILITY; WAIVER. 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.
16.5. 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.
16.6. CUSTOMER SERVICE. Should You have any questions concerning this License Agreement, or if You desire to contact Symantec for any reason, please write to: (i) Symantec Enterprise Customer Care, 555 International Way, Springfield, Oregon 97477, U.S.A., (ii) Symantec Enterprise Customer Care Center, PO BOX 5689, Dublin 15, Ireland, or (iii) Symantec Enterprise Customer Care, 1 Julius Ave, North Ryde, NSW 2113, Australia.
16.7. ENTIRE AGREEMENT. This License Agreement and any related License Instrument are the complete and exclusive agreement between You and Symantec relating to the Licensed Software and supersede any previous or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter. This License Agreement prevails over any conflicting or additional terms of any purchase order, ordering document, acknowledgement or confirmation or other document issued by You, even if signed and returned. This License Agreement may only be modified by a License Instrument that accompanies or follows this License Agreement.
17. ADDITIONAL TERMS AND CONDITIONS. Your use of the Licensed Software is subject to the terms and conditions below in addition to those stated above.
17.1 ADDITIONAL DEFINITIONS
“CPU” means the logic circuitry that responds to and processes the instructions that run a computer and/or that accesses or runs the software. A “CPU” is counted equivalent to an occupied socket; however, in the case of multi-chip modules, each chip in the multi-chip module is counted as one occupied socket.
“Device” means a single computer, storage drive or other device (i) on which You can install and use the Licensed Software, (ii) from which You access and use the Licensed Software installed on a network, or (iii) a physical connection point that links together two separate devices.
“Managed Device” means a Device that is managed, monitored and/or protected by the Licensed Software but that may not actually be running the Licensed Software itself.
“Managed User” means an individual person who has access to a network that is managed, monitored and/or protected by the Licensed Software.
“Server” means a standalone system or an individual computer acting as a service or resource provider to client computers by sharing the resources within the network infrastructure. A Server can run server software for other computers or devices.
“User” means an individual person and/or device authorized by You to use and/or benefit from the use of the Licensed Software, or is the person and/or device actually using any portion of the Licensed Software.
17.2 The term “License Instrument” is hereby amended to add a written communication issued by Symantec that accompanies, precedes or follows this License Agreement and which confirms Your purchase of a license for the Licensed Software.
17.3 The term “Support Certificate” is hereby amended to add a written communication issued by Symantec that accompanies, precedes or follows this License Agreement and which confirms Your purchase of maintenance/support for the Licensed Software.
17.4 ADDITIONAL USE RIGHTS AND LIMITATIONS
17.4A. If the License Instrument indicates that You have received a license for Symantec Data Loss Prevention Network Monitor, Symantec Data Loss Prevention Network Prevent for Email, Symantec Data Loss Prevention Network Prevent for Web, Symantec Data Loss Prevention Network Discover, and/or Symantec Data Loss Prevention Network Protect Add-on, You may use each such Licensed Software to manage the applicable number of Managed Users for each such Licensed Software, as indicated within the License Instrument.
17.4B. If the License Instrument indicates that You have received a license for Symantec Data Loss Prevention Endpoint Prevent, Symantec Data Loss Prevention Endpoint Discover and/or Symantec Data Loss Prevention for Mobile, You may use each such Licensed Software to manage the applicable number of Managed Devices for each such Licensed Software, as indicated within the License Instrument.
17.4C. If the License Instrument indicates that You have received a license for Symantec Data Loss Prevention Standard, You may use such Licensed Software to manage the applicable number of Managed Devices for such Licensed Software, as indicated within the License Instrument.
17.4D. If the License Instrument indicates that You have received a license for Symantec Data Loss Prevention Discover Plus, You may use such Licensed Software to manage the applicable number of Managed Users for such Licensed Software, as indicated within the License Instrument.
17.4E. If the License Instrument indicates that You have received a license for Symantec Data Loss Prevention Suite, You may use such Licensed Software to manage the applicable number of Managed Devices or Managed Users for such Licensed Software, as applicable for each of the Licensed Software products comprising the bundle.
17.4F. If the License Instrument indicates that You have received a license for the Symantec Data Loss Prevention Network Prevent for Email Add-On (“Network Prevent for Email Add-On”), You may use such Network Prevent for Email Add-On to manage the applicable number of Managed Users, as indicated within the Network Prevent for Email Add-On License Instrument, solely with Your use of Symantec Messaging Gateway, provided that You also have a license to Symantec Messaging Gateway for such number of Users.
17.4G If the License Instrument indicates that You have received a license for the Symantec Data Loss Prevention Network Prevent for Web Add-On (“Network Prevent for Web Add-On”), You may use such Network Prevent for Web Add-On to manage the applicable number of Managed Users, as indicated within the Network Prevent for Web Add-On License Instrument, solely with Your use of Symantec Web Gateway, provided that You also have a license to Symantec Web Gateway for such number of Users.
17.4H. If the License Instrument indicates that You have received a license for the Symantec Data Loss Prevention Network Protect Add-On (“Network Protect”), You may use such Network Protect with Symantec Data Loss Prevention Network Discover to manage the applicable number of Managed Users, as indicated within the Network Protect License Instrument, provided that You also have a license to Symantec Data Loss Prevention Network Discover for such number of Managed Users.
17.4I. If the License Instrument indicates that You have received a license for the Symantec Data Loss Prevention Endpoint Prevent Add-On to Symantec Protection Suite Enterprise Edition for Endpoints (“Endpoint Prevent Add-On”), You may use such Endpoint Prevent Add-On to manage the applicable number of Managed Devices (as indicated within the Endpoint Prevent Add-On License Instrument), solely with Your use of Symantec Data Loss Prevention Endpoint Prevent, provided that You also have a license to Symantec Protection Suite Enterprise Edition for Endpoints for such number of Users.
17.4J. If the License Instrument indicates that You have received a license for the Symantec Data Loss Prevention Suite Add-On to Symantec Protection Suite Enterprise Edition for Endpoints (“DLP Suite Add-On”), You may use such DLP Suite Add-On to manage the applicable number of Managed Users and Managed Devices (as indicated within the DLP Suite Add-On License Instrument) solely with Your use of Symantec Data Loss Prevention Suite, provided that You also have a license to Symantec Protection Suite Enterprise Edition for Endpoints for such number of Users.
17.4K If the License Instrument indicates that You have received a license for Enterprise Vault Data Classification Services (“DCS”), You may use such Licensed Software for the number of licensed Users of DCS as indicated within the applicable License Instrument, in conjunction with Your licensed use of Enterprise Vault.
17.4L. If the License Instrument indicates that You have received a license for Oracle Database Standard Edition One or Oracle Database Standard Edition (as defined below), Your use of such software is subject to the following limitations:
(i) You may use such software on the number of CPUs for which You have purchased licenses, as indicated within the applicable License Instrument, provided, however, that Oracle Database Standard Edition One licenses may be used only on Servers that have no more than two CPUs and Oracle Database Standard Edition licenses may be used only on Servers that have no more than four CPUs;
(ii) Oracle Database Standard Edition One for Symantec Data Loss Prevention and Oracle Database Standard Edition for Symantec Data Loss Prevention may be used only in connection with Your use of the Symantec Data Loss Prevention software referenced in Sections 17.4A through 17.4J which You have licensed;
(iii) Oracle Standard Edition One for SYMC EV DCS and Oracle Standard Edition for SYMC EV DCS may be used only in connection with Your use of the DCS software referenced in Section 17.4K which You have licensed; and
(iii) Following expiration or termination of Your license(s) to the Oracle Software (as defined below), You must discontinue using the Oracle Software and destroy or return to Symantec all copies of the Oracle Software and Oracle Software documentation.
“Oracle Database Standard Edition One” means Oracle Database Standard Edition One for Symantec Data Loss Prevention and/or Oracle Standard Edition One for SYMC EV DCS. “Oracle Database Standard Edition” means Oracle Database Standard Edition for Symantec Data Loss Prevention and/or Oracle Standard Edition for SYMC EV DCS (“Oracle Database Standard Edition”). “Oracle Software” means Oracle Database Standard Edition One and/or Oracle Database Standard Edition.
17.4M. If You obtain a Symantec Data Loss Prevention Microsoft ISA Plug-In and/or a Symantec Data Loss Prevention Microsoft Threat Management Gateway 2010 Plug-In (each, a “Plug-In”) with the Licensed Software, You may use such Plug-In(s) solely in conjunction with Your use of Symantec Data Loss Prevention Network Prevent for Web.
17.4N. If You obtain a FlexResponse Plug-In (“FlexResponse Plug-in”), You may use such FlexResponse Plug-In(s) solely in conjunction with Your licensed use of Network Protect or Symantec Data Loss Prevention Network Prevent for Email (“Network Prevent for Email”), to manage the number of Managed Users for which You have Network Protect or Network Prevent for Email licenses as indicated in Your Network Protect or Network Prevent for Email License Instrument.
17.4O. If You obtain the Symantec Data Loss Prevention Integration Component (“Integration Component”) with the Licensed Software, You may use such Integration Component solely in conjunction with Your licensed use of Symantec Data Loss Prevention Endpoint Prevent and/or Symantec Data Loss Prevention Endpoint Discover, as indicated by Your License Instrument for such licensed software.
17.4P. You may use a reasonable number of copies of (i) Symantec Data Loss Prevention Enforce in support of Your use of the applicable Symantec Data Loss Prevention software referenced in Sections 17.4A through 17.4J which You have licensed and (ii) Symantec Data Loss Solution Pack in conjunction with Your use of Symantec Data Loss Prevention Enforce.
17.4Q. You must have a license for each instance (physical or virtual) of the Licensed Software, provided, however, that You may make and use a reasonable number of copies of the Licensed Software referenced in Section 17.4A through 17.4J in a non-production testing, lab or staging environment. An “instance” of the Licensed Software is created by executing the Licensed Software’s setup or install procedure and/or duplicating an existing instance. References to "Licensed Software" in this License Agreement include “instances” of the Licensed Software.
17.4R. Your License Instrument will constitute proof of Your right to make and use such copies of the Licensed Software. You may not use the Licensed Software in excess of the applicable Use Levels unless You purchase the additional requisite number of licenses for such use. If no License Instrument accompanies, precedes, or follows this License Agreement, You are not authorized to use the Licensed Software.
17.5 Symantec Data Loss Prevention Development Tools.
17.5A. Development License. If You obtain an API and/or SDK (“Development Tool(s)”) with the Licensed Software, You are entitled under this License Agreement to use an unlimited number of copies of such Development Tool(s) solely for the purposes of designing, developing, testing, using and demonstrating the integration of the Licensed Software with Your existing systems, other Symantec products, or third party products. Such Development Tool(s) license shall be in addition to any licenses for the other portions of the Licensed Software acquired by You under this License Agreement. You shall have no right to modify or alter the Development Tool(s). You may use the FlexResponse API and/or Content Extraction API solely with Your licensed use of Symantec Data Loss Prevention Network Prevent, Symantec Data Loss Prevention Network Protect or Symantec Data Loss Prevention Endpoint Prevent. You may use the Endpoint FlexResponse API solely with Your licensed use of Symantec Data Loss Prevention Endpoint Prevent or Symantec Data Loss Prevention Endpoint Discover.
If You obtain the Symantec DLP Lookup API or Reporting API, You may use such APIs solely in conjunction with Your licensed use of applicable Symantec Data Loss Prevention products and/or Symantec DLP Data Insight Enterprise, in the same Managed User quantities as You have licenses to such other products, as indicated in the applicable License Instruments.
17.5B. No Redistributable Code. The Development Tool(s) shall only be used by You for Your internal use, except as expressly provided in this License Agreement, and may be not be distributed, alone or as integrated with any other code or product, by You in any manner whatsoever to any third party.
17.5C. Open Source Code. Your license rights to the Development Tool(s) are conditioned upon Your not creating derivative works of the Development Tool(s) in any manner that would cause the Development Tool(s) 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.
17.5D. Third Party Consultants. You may allow third party consultants to exercise the right granted in this Section 17.5 on Your behalf provided that: (a) You ensure that such consultants adhere to the applicable terms and conditions of this License Agreement; and (b) You indemnify Symantec for any breach of this License Agreement by such consultants.
17.5E. Warranty Disclaimer. THE DEVELOPMENT TOOL(S) ARE 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. FURTHERMORE, SYMANTEC SHALL NOT BE LIABLE UNDER ANY THEORY FOR ANY DAMAGES SUFFERED BY YOU OR ANY USER OF THE DEVELOPMENT TOOL(S) OR ANY APPLICATIONS PROVIDED BY YOU WHICH WERE DEVELOPED USING THE DEVELOPMENT TOOL(S).
17.5F. Development Disclaimer: Notwithstanding any other provision of this License Agreement, the following terms shall be applicable to the Development Tool(s): THE Development Tool(s) ALLOW YOU TO INTEGRATE THE LICENSED SOFTWARE WITH YOUR EXISTING SYSTEMS, OTHER SYMANTEC PRODUCTS, OR THIRD PARTY PRODUCTS, SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION 17.5. SYMANTEC SHALL NOT BE RESPONSIBLE FOR ANY SUCH INTEGRATION OR ANY DEVELOPMENT AND PROGRAMMING ACTIVITIES UNDERTAKEN BY YOU, INCLUDING BUT NOT LIMITED TO USE OF THE DEVELOPMENT TOOL(S) FOR OTHER THAN THEIR INTENDED PURPOSE. UNLESS YOU USE THE APPROPRIATE DEGREE OF SKILL AND CARE IN YOUR DEVELOPMENT AND PROGRAMMING ACTIVITIES, YOUR INTEGRATION OF THE LICENSED SOFTWARE WITH YOUR EXISTING SYSTEMS, OTHER SYMANTEC PRODUCTS, OR THIRD PARTY PRODUCTS MAY CAUSE ERRORS OR PROBLEMS IN THE USE OR OPERATION OF THE LICENSED SOFTWARE. YOU MAY USE THE Development Tool(s) TO INTEGRATE THE LICENSED SOFTWARE WITH YOUR EXISTING SYSTEMS, OTHER SYMANTEC PRODUCTS, OR THIRD PARTY PRODUCTS AT YOUR SOLE RISK. SYMANTEC SHALL HAVE NO LIABILITY FOR ANY USE OF THE DEVELOPMENT TOOL(S) FOR OTHER PURPOSES OR FOR ANY FAILURE OF THE Development Tool(s) AND/OR THE LICENSED SOFTWARE BASED ON YOUR FAILURE TO PROPERLY DEVELOP, PROGRAM, INSTALL, CONFIGURE AND MONITOR YOUR INTEGRATION OF THE LICENSED SOFTWARE WITH YOUR EXISTING SYSTEMS, OTHER SYMANTEC PRODUCTS, OR THIRD PARTY PRODUCTS.
17.6 PRIVACY; DATA PROTECTION. The Licensed Software permits You to load and store information, which may include personally identifiable information, for use with the Licensed Software. Such information is subject to the terms of Your privacy policy and is not transmitted to or accessible by Symantec.
17.7 Section 10 (Maintenance/Support) of this License Agreement is hereby modified as follows:
“MAINTENANCE/SUPPORT. Symantec has no obligation under this License Agreement to provide maintenance/support for the Licensed Software. Any maintenance/support purchased for the Licensed Software is subject to Symantec’s then-current maintenance/support policies for such Licensed Software.”
17.8 The following additional terms and conditions apply to Your use of the Oracle Software: (i) You may not publish any results of benchmark tests run on the Oracle Software and (ii) the terms and conditions of the Uniform Computer Information Transaction Act (UCITA) are hereby expressly disclaimed and shall not have any applicability with respect to the interpretation of this License Agreement.
17.9 The following additional terms and conditions apply to Your use of the AIM Service Client Plug-In distributed with the Licensed Software (“AIM Plug-In”): (i) The AIM Plug-In is licensed to You by Symantec as part of the Licensed Software; for further information on AIM-enabled applications, refer to the "AIM® Enabled" webpage at http://dev.aol.com/aim/aimenabled; (ii) AOL does not provide any warranties for the AIM Plug-In and expressly disclaims all implied or express warranties, including the implied warranties of merchantability, accuracy, fitness for a particular purpose and non-infringement, in connection with the use or operation of the AOL Plug-In alone or in combination with the Licensed Software; (iii) AOL disclaims all liability for any service interruptions or the discontinuation of the AIM Service and the inability to access the AOL Messaging Network to the maximum extent permitted by law, even if You or Symantec have been advised such damages might occur; (iv) You may not take any actions that (a) create, or purport to create, any obligation on behalf of AOL, or (b) grant, or purport to grant, any rights or immunities to any third party under AOL's intellectual property rights or its other proprietary rights; and (v) AOL's collection of data via the AOL Messaging Network, if applicable, is subject to AOL Messaging Network privacy policies available at http://about.aol.com/aolnetwork/mem_policy and http://about.aol.com/aolnetwork/aol_pp.
GLB ENT EULA TEMPLATE v.1.0_STD ENGLISH_Symantec.Data.Loss.Prevention_23May2012
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
OPENING THE LICENSED SOFTWARE PACKAGE, BREAKING THE LICENSED SOFTWARE SEAL,
CLICKING THE “I AGREE” OR “YES” BUTTON, OR OTHERWISE INDICATING ASSENT
ELECTRONICALLY, OR LOADING THE LICENSED SOFTWARE 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 FURTHER USE OF THE LICENSED
SOFTWARE. UNLESS OTHERWISE DEFINED HEREIN, CAPITALIZED TERMS WILL HAVE THE
MEANING GIVEN IN THE “DEFINITIONS” SECTION OF THIS LICENSE AGREEMENT AND SUCH
CAPITALIZED TERMS MAY BE USED IN THE SINGULAR OR IN THE PLURAL, AS THE CONTEXT
REQUIRES.
1. DEFINITIONS.
“Content
Updates”
means content used by certain Symantec products which is updated from time to
time, including but not limited to: updated anti-spyware definitions for
anti-spyware products; updated antispam rules for antispam products; updated
virus definitions for antivirus and crimeware products; updated URL lists for
content filtering and antiphishing products; updated firewall rules for
firewall products; updated intrusion detection data for intrusion detection
products; updated lists of authenticated web pages for website authentication
products; updated policy compliance rules for policy compliance products; and updated
vulnerability signatures for vulnerability assessment products.
“Documentation” means the user documentation
Symantec provides with the Licensed Software.
“License
Instrument”
means one or more of the following applicable documents which further defines
Your license rights to the Licensed Software: a Symantec license certificate or
a similar license document issued by Symantec, or a written agreement between
You and Symantec, that accompanies, precedes or follows this License Agreement.
“Licensed
Software”
means the Symantec software product, in object code form, accompanying this
License Agreement, including any Documentation included in, or provided for use
with, such software or that accompanies this License Agreement.
“Support
Certificate”
means the certificate sent by Symantec confirming Your purchase of the applicable
Symantec maintenance/support for the Licensed Software.
“Upgrade” means any version of
the Licensed Software that has been released to the public and which replaces
the prior version of the Licensed Software on Symantec’s price list pursuant to
Symantec’s then-current upgrade policies.
“Use Level” means the license use
meter or model (which may include operating
system, hardware system, application or machine tier limitations, if
applicable) by which Symantec measures, prices and licenses the right to
use the Licensed Software, in effect at the time an order is placed for such
Licensed Software, as indicated in this License Agreement and the applicable
License Instrument.
2. LICENSE GRANT. Subject to Your compliance with the terms and
conditions of this License Agreement, Symantec grants to You the following
rights: (i) a non-exclusive, non-transferable (except as stated otherwise in
Section 16.1) license to use the Licensed Software solely in support of Your
internal business operations in the quantities and at the Use Levels described
in this License Agreement and the applicable License Instrument; and (ii) the
right to make a single uninstalled copy
of the Licensed Software for archival purposes which You may use and install
for disaster-recovery purposes (i.e. where the primary installation of the
Licensed Software becomes unavailable for use).
2.1 TERM. The term
of the Licensed Software license granted under this License Agreement shall be perpetual
(subject to Section 14) unless stated otherwise in Section 17 or unless You have obtained the Licensed
Software on a non-perpetual basis, such
as, under a subscription or term-based license for the period of time indicated
on the applicable License Instrument. If You have obtained the Licensed
Software on a non-perpetual basis, Your rights to use such Licensed Software shall
end on the applicable end date as indicated on the applicable License
Instrument and You shall cease use of the Licensed Software as of such
applicable end date.
3. 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; (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; (v) use of the Licensed Software by any party other than You; (vi) use of
a later version of the Licensed Software other than the version that
accompanies this License Agreement unless You have separately acquired the
right to use such later version through a License Instrument or Support Certificate;
nor (vii) use of the Licensed Software above the quantity and Use Level that
have been licensed to You under this License Agreement or the applicable
License Instrument.
4. OWNERSHIP/TITLE. The Licensed Software
is the proprietary property of Symantec or its licensors and is protected by
copyright law. 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.
5. CONTENT UPDATES. If You purchase a
Symantec maintenance/support offering consisting of or including Content
Updates, as indicated on Your Support Certificate, You are granted the right to
use, as part of the Licensed Software, such Content Updates as and when they
are made generally available to Symantec’s end user customers who have
purchased such maintenance/support offering and for such period of time as
indicated on the face of the applicable Support Certificate. This License Agreement
does not otherwise permit You to obtain and use Content Updates.
6. UPGRADES/CROSS-GRADES. Symantec reserves the right to require
that any upgrades (if any) of the Licensed Software may only be obtained in a
quantity equal to the number indicated on the applicable License Instrument. An
upgrade to an existing license shall not be deemed to increase the number of
licenses which You are authorized to use. Additionally, if You upgrade a Licensed
Software license, or purchase a Licensed Software license listed on the
applicable License Instrument to cross-grade an existing license (i.e. to
increase its functionality, and/or transfer it to a new operating system,
hardware tier or licensing meter), then Symantec issues the applicable Licensed
Instrument based on the understanding that You agree to cease using the
original license. Any such license upgrade or cross-grade is provided under
Symantec's policies in effect at the time of order. This License Agreement does
not separately license You for additional licenses beyond those which You have
purchased, and which have been authorized by Symantec as indicated on the
applicable License Instrument.
7. LIMITED WARRANTY.
7.1. MEDIA WARRANTY. If Symantec provides the
Licensed Software to You on tangible media, Symantec warrants that the magnetic
media upon which the Licensed Software is recorded will not be defective under
normal use, for a period of ninety (90) days from delivery. Symantec will
replace any defective media returned to Symantec within the warranty period at
no charge to You. The above warranty is inapplicable in the event the Licensed
Software media becomes defective due to unauthorized use of the Licensed
Software. THE FOREGOING IS YOUR SOLE AND
EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
7.2. PERFORMANCE WARRANTY. Symantec warrants
that the Licensed Software, as delivered by Symantec and when used in
accordance with the Documentation, will substantially conform to the
Documentation for a period of ninety (90) days from delivery. If the Licensed
Software does not comply with this warranty and such non-compliance is reported
by You to Symantec within the ninety (90) day warranty period, Symantec will do
one of the following, selected at Symantec’s reasonable discretion: either (i)
repair the Licensed Software, (ii) replace the Licensed Software with software
of substantially the same functionality, or (iii) terminate this License
Agreement and refund the relevant license fees paid for such non-compliant
Licensed Software. The above warranty specifically excludes defects resulting
from accident, abuse, unauthorized repair, modifications or enhancements, or
misapplication. THE FOREGOING IS YOUR
SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
8. WARRANTY DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE warranties
set forth in sections 7.1 and 7.2 are YOUR exclusive warranties AND ARE IN LIEU OF ALL
OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. SYMANTEC MAKES NO WARRANTIES OR REPRESENTATIONS THAT
THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES WILL MEET YOUR REQUIREMENTS
OR THAT OPERATION OR USE OF THE LICENSED SOFTWARE, CONTENT UPDATES, AND
UPGRADES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU MAY HAVE OTHER WARRANTY RIGHTS,
WHICH MAY VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
9. 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 OR
ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY
COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF
PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION,
LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR
ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL,
CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR
INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS,
SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL
SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING
RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR
LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE
OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE
DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR
NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.
10. MAINTENANCE/SUPPORT. Symantec has no
obligation under this License Agreement to provide maintenance/support for the
Licensed Software. Any maintenance/support purchased for the Licensed Software
is subject to Symantec’s then-current maintenance/support policies.
11. SOFTWARE EVALUATION. If the Licensed
Software is provided to You for evaluation purposes and You have an evaluation
agreement with Symantec for the Licensed Software, Your rights to evaluate the
Licensed Software will be pursuant to the terms of such evaluation agreement.
If You do not have an evaluation agreement with Symantec for the Licensed
Software and if You are provided the Licensed Software for evaluation purposes, the following terms and conditions shall
apply. Symantec
grants to You a nonexclusive, temporary, royalty-free, non-assignable license
to use the Licensed Software solely for internal non-production evaluation. Such
evaluation license shall terminate (i) on the end date of the pre-determined
evaluation period, if an evaluation period is pre-determined in the Licensed
Software or (ii) sixty (60) days from the date of Your initial installation of
the Licensed Software, if no such evaluation period is pre-determined in the
Licensed Software (“Evaluation Period”). The Licensed Software may not be transferred and is provided “AS
IS” without warranty of any kind. You are solely responsible to take
appropriate measures to back up Your system and take other measures to prevent
any loss of files or data. The Licensed Software may contain an automatic
disabling mechanism that prevents its use after a certain period of time. Upon
expiration of the Licensed Software Evaluation Period, You will cease use of
the Licensed Software and destroy all copies of the Licensed Software. All
other terms and conditions of this License Agreement shall otherwise apply to
Your evaluation of the Licensed Software as permitted herein.
12.
13. 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
14. TERMINATION. This License Agreement shall terminate upon Your breach of any term
contained herein. Upon termination, You shall immediately stop using and
destroy all copies of the Licensed Software.
15. SURVIVAL. The following provisions of
this License Agreement survive termination of this License Agreement: Definitions,
License Restrictions and any other restrictions on use of intellectual property,
Ownership/Title, Warranty Disclaimers, Limitation of Liability, U.S. Government
Restricted Rights, Export Regulation, Survival, and General.
16. GENERAL.
16.1. ASSIGNMENT. 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.
16.2. COMPLIANCE WITH APPLICABLE LAW. You
are solely responsible for Your compliance with, and You agree to comply with,
all applicable laws, rules, and regulations in connection with Your use of the
Licensed Software.
16.3. AUDIT. An auditor, selected by Symantec
and reasonably acceptable to You, may, upon reasonable notice and during normal
business hours, but not more often than once each year, inspect Your records
and deployment in order to confirm that Your use of the Licensed Software
complies with this License Agreement and the applicable License Instrument.
Symantec shall bear the costs of any such audit, except where the audit
demonstrates that the Manufacturer’s Suggested Reseller Price (MSRP) value of
Your non-compliant usage exceeds five percent (5%) of the MSRP value of Your
compliant deployments. In such case, in addition to purchasing appropriate
licenses for any over-deployed Licensed Software, You shall reimburse Symantec
for the auditor’s reasonable actual fees for such audit.
16.4. GOVERNING
LAW; SEVERABILITY; WAIVER. If You are located
in North America or Latin America, this License Agreement will be governed by
the laws of the State of
16.5. 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.
16.6. CUSTOMER SERVICE.
Should You have any questions concerning this License Agreement, or if You
desire to contact Symantec for any reason, please write to: (i) Symantec Enterprise
Customer Care, 555 International Way,
16.7. ENTIRE AGREEMENT. This License Agreement and any related License
Instrument are the complete and exclusive agreement between You and Symantec
relating to the Licensed Software and supersede any previous or contemporaneous
oral or written communications, proposals, and representations with respect to
its subject matter. This License Agreement prevails over any conflicting
or additional terms of any purchase order, ordering document, acknowledgement
or confirmation or other document issued by You, even if signed and returned. This License Agreement may only be modified by a
License Instrument that accompanies or follows this License Agreement.
17. ADDITIONAL
TERMS AND CONDITIONS. Your
use of the Licensed Software is subject to the terms and conditions below in
addition to those stated above.
A. License Certificate includes a written
communication issued by Symantec confirming Your license of the Licensed
Software and that accompanies, precedes or follows this License Agreement.
B. Maintenance Certificate includes a written
communication issued by Symantec confirming Your maintenance/support for the
Licensed Software and that accompanies, precedes or follows this License
Agreement.
17.1 Node
License. Under the terms of a Node
License, you may use the Licensed Software to manage an aggregate number of
Nodes within your organization not to exceed the sum of your licensed nodal
count. A “Node” is any asset under
management by the Licensed Software. An
asset is: (a) a physical device such as a computer, PDA, or server, (b) a
virtual device, such as an operating environment that may be running
concurrently with another operating environment on a single physical device
(e.g., VMware*, Virtual PC*, Virtual Server*), or (c) an object stored by the Licensed
Software in a database, such object representing a physical or virtual asset
for which data is being tracked or managed by the Licensed Software (e.g.,
printer, copier, etc.). A Node License will be deemed consumed for a particular
Licensed Software product once an asset (as defined above) has been managed by
a particular Software product. An asset has been managed by a particular Licensed
Software product once the Licensed Software product has (i) been run locally on
an asset, (ii) remotely interacted with and/or received a response from an
asset, (iii) configured or changed a setting of or migrated settings to or from
an asset, or (iv) otherwise performed any management functionality that such
particular Licensed Software product has been designed to perform with respect
to an asset. You must purchase a sufficient number of Node Licenses to cover
all Node Licenses consumed by a particular Licensed Software product.
If
the Licensed Software provided is the Altiris Dell Client Manager v 3.0, the
following terms shall be applicable notwithstanding anything to the contrary in
this Agreement:
17.2 WARRANTY DISCLAIMERS. THE
LICENSED SOFTWARE IS PROVIDED “AS IS”. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, THE warranties set
17.3 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 OR ITS
LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF
PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS,
LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF
PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR
ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL,
INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF
THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS
OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL
SYMANTEC’S AGGREGATE LIABILITY EXCEED THE AMOUNT OF FIVE HUNDRED DOLLARS USD
($500.00 USD) UDER ANY THOERY OF LAW OR EQUITY. NOTHING IN THIS AGREEMENT SHALL
OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU ANY LIABILITY
WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET
GLB
ENT EULA TEMPLATE v1.0_Altiris Dell Client Manager v3.0 052208
Microsoft Silverlight version 3.0 or higher is required for the use of Dell Management Console.
To download Microsoft Silverlight, use the following download link:
http://www.microsoft.com/getsilverlight/Get-Started/Install/Default.aspx ]]>
Specifying whether to use client certificates
Setting Up an Enterprise Root CA
Symantec® Notification Server® uses both HTTP or HTTPS when accessing the Symantec Console and when communicating with managed devices.
If you want to use HTTPS, configure the Notification Server to use Secure Socket Layer (SSL).
When you install the Notification Server, if the default Web site is set to Require secure channel (SSL), the Notification Server and the Symantec Agent will automatically use HTTPS and no additional steps are required.
However, if the Default Web site is not set to Require secure channel (SSL), or has no Server Certificate installed, the Notification Server and the Symantec Agent will automatically use HTTP.
| NOTE: HTTPS has a significant overhead on Web servers. See the Microsoft documentation for more information on the overhead that HTTPS places on communication and to determine the hardware needs and server load that will be generated if you change from HTTP to HTTPS. |
For HTTPS to function correctly, you must install a certificate on the Notification Server. However, if you choose to get your certificates from a public Certificate Authority, then your Notification Server and Symantec Agent configuration is the same as if you are using HTTP.
After you obtain the certificate from a private or public authority, install it on the Notification Server.
| NOTE: After you enable Secure Socket Layer (SSL) on Dell Management Console, you must edit the shortcut on the desktop and the Start menu to point to the new SSL location. For example: https://localhost/Dell/console. |
Please note, the RunCmd method used for launching right click actions will only be usable on pages loaded over HTTPS. If the RunCmd method is used on a page loaded by HTTP rather than HTTPS, a message is shown to the user telling them that they need to load the page via HTTPS.
To use RunCmd to run a command line from the user’s browser, the user must first navigate to a web page and click on a link on that page. This link downloads a registry entry adding the server’s HTTPS certificate to a known area of the registry. The user will be prompted to install the registry entries, i.e. it will not be performed silently. This only needs to be done once per server but will need to be repeated if the server’s HTTPS certificate is changed. This can only be performed by a local administrator on the computer the browser will be used from.When the RunCmd method is called, it performs the following in addition to its current operation:
You can perform this procedure by using the user interface (UI).
To use the UI
Applies To: Windows 7, Windows Server 2008, Windows Server 2008 R2, Windows Vista
You must first configure a Server Certificate and create an HTTPS binding to enable any Secure Sockets Layer (SSL) Settings. When you want clients to verify their identity before they access content on your Web server, configure client certificates. By default, client certificates are ignored.
If you want all clients to verify their identity, you must specify that client certificates are required. If some clients can access content without first verifying their identity, you must specify that client certificates are accepted.
For information about the levels at which you can perform this procedure, and the modules, handlers, and permissions that are required to perform this procedure, see Secure Sockets Layer Feature Requirements (IIS 7).
You can perform this procedure by using the user interface (UI), by running Appcmd.exe commands in a command-line window, by editing configuration files directly, or by writing WMI scripts.
To use the UI
Make sure that you are at the site, application, or directory level; SSL Settings are not available at the Server level. To enable client certificates at the file level, navigate to the file in Content View and then click Switch to Features View in the Actions pane.
An enterprise root CA is the anchor of trust for the basic lab setup. It will be used to issue certificates to the Online Responder and client computer, and to publish certificate information to Active Directory Domain Services (AD DS).
To set up an enterprise root CA
Navisphere® CLI or NaviCLI is the command line interface to manage data storage systems from EMC® Corporation.
To install NaviCLI:
| NOTE: Ensure that you have administrator privileges to the system registry on the system you want to install NaviCLI. |
Click Next.
The installation begins.
Click Next.
]]>
Conflicting Software Applications
(Recommended) Do not install Dell Management Console on a system in which either the Dell OpenManage(TM) Network Manager Version 1.0.x-1.4.x or Dell OpenManage Printer Manager 1.x.x application is installed. The SNMP trap receiver for these applications can interfere with working of Dell Management Console Event Receiver. However, if you are installing these applications after installing Dell Management Console, then ensure that the system has two IP addresses and dedicate one IP Address for these applications to receive SNMP traps.
Setting up Managed Systems to Trust a Private Certificate Authority
Symantec® Notification Server® uses both HTTP or HTTPS when accessing the Symantec Console and when communicating with managed devices.
If you want to use HTTPS, configure the Notification Server to use Secure Socket Layer (SSL).
When you install the Notification Server, if the default Web site is set to Require secure channel (SSL), the Notification Server and the Symantec Agent will automatically use HTTPS and no additional steps are required.
However, if the Default Web site is not set to Require secure channel (SSL), or has no Server Certificate installed, the Notification Server and the Symantec Agent will automatically use HTTP.
| NOTE: HTTPS has a significant overhead on Web servers. See the Microsoft documentation for more information on the overhead that HTTPS places on communication and to determine the hardware needs and server load that will be generated if you change from HTTP to HTTPS. |
For HTTPS to function correctly, you must install a certificate on the Notification Server. However, if you choose to get your certificates from a public Certificate Authority, then your Notification Server and Symantec Agent configuration is the same as if you are using HTTP.
If you choose to configure a private Certificate Authority, configure your managed systems to trust your Certificate Authority (see Setting up managed Computers to Trust a Private Certificate Authority.)
After you obtain the certificate from a private or public authority, install it on the Notification Server.
| NOTE: After you enable Secure Socket Layer (SSL) on Dell Management Console, you must edit the shortcut on the desktop and the Start menu to point to the new SSL location. For example: https://localhost/Dell/console. |
| NOTE: To always use HTTPS for all Notification Server communication, it is recommend that you install the certificate and require SSL on the Default Web site before you install the Notification Server. When SSL is required on the Default Web Server in IIS, the setup program configures all shortcuts to HTTPS and installs the Symantec Agents to use HTTPS. If you configure IIS to require SSL after Notification Server installation, you will need to transfer all previously installed Symantec Agents to HTTPS (including the Notification Server) and manually change the shortcuts installed on the Symantec Console (see "Migrating Altiris Agents from HTTP to HTTPS.") |
If you set up your Web server to use HTTPS and you use a private Certificate Authority, your managed systems must be configured to trust the private Certificate Authority.
The following sections provide suggestions of ways to do this:
Use the instructions in the following sections if you have Microsoft® Windows® 9x/NT® running on managed systems or managed systems that are not members of an Active Directory domain.
You can use any one of the following procedures to obtain the root certificate.
| NOTE: This name may be different depending on the version of Windows you are using. Choose the name that most resembles trusted root certificate authorities. |
| NOTE: This name may be different depending on the version of Windows you are using. Choose the name that most resembles trusted root certificate authorities. |
A warning with an option to view the certificate is displayed.
| NOTE: This name may be different depending on the version of Windows you are using. Choose the name that most resembles trusted root certificate authorities. |
Verify that the certificate and appropriate root certificates are trusted by the managed systems.
Install the root certificate on all managed systems that need to trust all certificates they receive from Notification Server. The following method automates the installation of the root certificate file.
| NOTE: You must have local administrator rights to perform this procedure. |
Certmgr.exe -add <cert file path> -s -r localMachine root Example:
Certmgr.exe -add c:\sydney-dc.crt -s -r localMachine root
Use the instructions in the following sections if you have Windows 2000 or later running on managed systems that are members of the Active Directory domain.
| NOTE: Microsoft recommends creating a new policy for each different area you are configuring and leaving the default domain policy as the last in the list. |
]]>
Navisphere® CLI or NaviCLI is the command line interface to manage data storage systems from EMC® Corporation.
To install NaviCLI:
| NOTE: Ensure that you have administrator privileges to the system registry on the system you want to install NaviCLI. |
Click Next.
The installation begins.
Click Next.
]]>
Dell™ PowerVault™ Modular Disk Storage Manager. is a task-based management console that can monitor one or more direct-attached storage arrays. Modular Disk Storage Manager greatly simplifies the user experience by significantly reducing the complexity of installation, configuration, management, and diagnostic tasks of storage arrays.
To install Modular Disk Storage Manager:
| NOTE: It is recommended that you select Typical (Full Installation). |
Click Next.
]]>
Conflicting Software Applications
(Recommended) Do not install Dell Management Console on a system in which either the Dell OpenManage(TM) Network Manager Version 1.0.x-1.4.x or Dell OpenManage Printer Manager 1.x.x application is installed. The SNMP trap receiver for these applications can interfere with working of Dell Management Console Event Receiver. However, if you are installing these applications after installing Dell Management Console, then ensure that the system has two IP addresses and dedicate one IP Address for these applications to receive SNMP traps.
THIS SYMANTEC SOFTWARE LICENSE AGREEMENT GOVERNS YOUR USE OF THE PROPRIETARY SOFTWARE PROGRAM(S) FROM SYMANTEC CORPORATION. IF YOU CHOOSE TO INSTALL AND USE THE LINUX KERNEL COMPONENT, A SEPARATE LICENSE AGREEMENT WILL GOVERN YOUR USE OF THAT COMPONENT AND THE SYMANTEC SOFTWARE LICENSE AGREEMENT SET FORTH BELOW DOES NOT APPLY. THAT COMPONENT IS PROVIDED UNDER AND SUBJECT TO THE TERMS OF THE GNU GENERAL PUBLIC LICENSE, VERSION 2.0, THE TEXT OF WHICH FOLLOWS THE SYMANTEC SOFTWARE LICENSE AGREEMENT BELOW. SYMANTEC SOFTWARE LICENSE AGREEMENT
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 OPENING THE LICENSED SOFTWARE PACKAGE, BREAKING THE LICENSED SOFTWARE SEAL, CLICKING THE “I AGREE” OR “YES” BUTTON, OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR LOADING THE LICENSED SOFTWARE 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 FURTHER USE OF THE LICENSED SOFTWARE. UNLESS OTHERWISE DEFINED HEREIN, CAPITALIZED TERMS WILL HAVE THE MEANING GIVEN IN THE “DEFINITIONS” SECTION OF THIS LICENSE AGREEMENT AND SUCH CAPITALIZED TERMS MAY BE USED IN THE SINGULAR OR IN THE PLURAL, AS THE CONTEXT REQUIRES.
1. DEFINITIONS.“Content Updates” means content used by certain Symantec products which is updated from time to time, including but not limited to: updated anti-spyware definitions for anti-spyware products; updated antispam rules for antispam products; updated virus definitions for antivirus and crimeware products; updated URL lists for content filtering and antiphishing products; updated firewall rules for firewall products; updated intrusion detection data for intrusion detection products; updated lists of authenticated web pages for website authentication products; updated policy compliance rules for policy compliance products; and updated vulnerability signatures for vulnerability assessment products.
“Documentation” means the user documentation Symantec provides with the Licensed Software.
“License Instrument” means one or more of the following applicable documents which further defines Your license rights to the Licensed Software: a Symantec license certificate or a similar license document issued by Symantec, or a written agreement between You and Symantec, that accompanies, precedes or follows this License Agreement.
“Licensed Software” means the Symantec software product, in object code form, accompanying this License Agreement, including any Documentation included in, or provided for use with, such software or that accompanies this License Agreement.
“Support Certificate” means the certificate sent by Symantec confirming Your purchase of the applicable Symantec maintenance/support for the Licensed Software.
“Upgrade” means any version of the Licensed Software that has been released to the public and which replaces the prior version of the Licensed Software on Symantec’s price list pursuant to Symantec’s then-current upgrade policies.
“Use Level” means the license use meter or model (which may include operating system, hardware system, application or machine tier limitations, if applicable) by which Symantec measures, prices and licenses the right to use the Licensed Software, in effect at the time an order is placed for such Licensed Software, as indicated in this License Agreement and the applicable License Instrument.
2. LICENSE GRANT. Subject to Your compliance with the terms and conditions of this License Agreement, Symantec grants to You the following rights: (i) a non-exclusive, non-transferable (except as stated otherwise in Section 16.1) license to use the Licensed Software solely in support of Your internal business operations in the quantities and at the Use Levels described in this License Agreement and the applicable License Instrument; and (ii) the right to make a single uninstalled copy of the Licensed Software for archival purposes which You may use and install for disaster-recovery purposes (i.e. where the primary installation of the Licensed Software becomes unavailable for use).
2.1 TERM. The term of the Licensed Software license granted under this License Agreement shall be perpetual (subject to Section 14) unless stated otherwise in Section 17 or unless You have obtained the Licensed Software on a non-perpetual basis, such as, under a subscription or term-based license for the period of time indicated on the applicable License Instrument. If You have obtained the Licensed Software on a non-perpetual basis, Your rights to use such Licensed Software shall end on the applicable end date as indicated on the applicable License Instrument and You shall cease use of the Licensed Software as of such applicable end date.
3. 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; (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; (v) use of the Licensed Software by any party other than You; (vi) use of a later version of the Licensed Software other than the version that accompanies this License Agreement unless You have separately acquired the right to use such later version through a License Instrument or Support Certificate; nor (vii) use of the Licensed Software above the quantity and Use Level that have been licensed to You under this License Agreement or the applicable License Instrument.
4. OWNERSHIP/TITLE. The Licensed Software is the proprietary property of Symantec or its licensors and is protected by copyright law. 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.
5. CONTENT UPDATES. If You purchase a Symantec maintenance/support offering consisting of or including Content Updates, as indicated on Your Support Certificate, You are granted the right to use, as part of the Licensed Software, such Content Updates as and when they are made generally available to Symantec’s end user customers who have purchased such maintenance/support offering and for such period of time as indicated on the face of the applicable Support Certificate. This License Agreement does not otherwise permit You to obtain and use Content Updates.
6. UPGRADES/CROSS-GRADES. Symantec reserves the right to require that any upgrades (if any) of the Licensed Software may only be obtained in a quantity equal to the number indicated on the applicable License Instrument. An upgrade to an existing license shall not be deemed to increase the number of licenses which You are authorized to use. Additionally, if You upgrade a Licensed Software license, or purchase a Licensed Software license listed on the applicable License Instrument to cross-grade an existing license (i.e. to increase its functionality, and/or transfer it to a new operating system, hardware tier or licensing meter), then Symantec issues the applicable Licensed Instrument based on the understanding that You agree to cease using the original license. Any such license upgrade or cross-grade is provided under Symantec's policies in effect at the time of order. This License Agreement does not separately license You for additional licenses beyond those which You have purchased, and which have been authorized by Symantec as indicated on the applicable License Instrument.
7. LIMITED WARRANTY.
7.1. MEDIA WARRANTY. If Symantec provides the Licensed Software to You on tangible media, Symantec warrants that the magnetic media upon which the Licensed Software is recorded will not be defective under normal use, for a period of ninety (90) days from delivery. Symantec will replace any defective media returned to Symantec within the warranty period at no charge to You. The above warranty is inapplicable in the event the Licensed Software media becomes defective due to unauthorized use of the Licensed Software. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
7.2. PERFORMANCE WARRANTY. Symantec warrants that the Licensed Software, as delivered by Symantec and when used in accordance with the Documentation, will substantially conform to the Documentation for a period of ninety (90) days from delivery. If the Licensed Software does not comply with this warranty and such non-compliance is reported by You to Symantec within the ninety (90) day warranty period, Symantec will do one of the following, selected at Symantec’s reasonable discretion: either (i) repair the Licensed Software, (ii) replace the Licensed Software with software of substantially the same functionality, or (iii) terminate this License Agreement and refund the relevant license fees paid for such non-compliant Licensed Software. The above warranty specifically excludes defects resulting from accident, abuse, unauthorized repair, modifications or enhancements, or misapplication. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
8. WARRANTY DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WARRANTIES SET FORTH IN SECTIONS 7.1 AND 7.2 ARE YOUR EXCLUSIVE WARRANTIES AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. SYMANTEC MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OR USE OF THE LICENSED SOFTWARE, CONTENT UPDATES, AND UPGRADES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU MAY HAVE OTHER WARRANTY RIGHTS, WHICH MAY VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
9. 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 OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.
10. MAINTENANCE/SUPPORT. Symantec has no obligation under this License Agreement to provide maintenance/support for the Licensed Software. Any maintenance/support purchased for the Licensed Software is subject to Symantec’s then-current maintenance/support policies.
11. SOFTWARE EVALUATION. If the Licensed Software is provided to You for evaluation purposes and You have an evaluation agreement with Symantec for the Licensed Software, Your rights to evaluate the Licensed Software will be pursuant to the terms of such evaluation agreement. If You do not have an evaluation agreement with Symantec for the Licensed Software and if You are provided the Licensed Software for evaluation purposes, the following terms and conditions shall apply. Symantec grants to You a nonexclusive, temporary, royalty-free, non-assignable license to use the Licensed Software solely for internal non-production evaluation. Such evaluation license shall terminate (i) on the end date of the pre-determined evaluation period, if an evaluation period is pre-determined in the Licensed Software or (ii) sixty (60) days from the date of Your initial installation of the Licensed Software, if no such evaluation period is pre-determined in the Licensed Software (“Evaluation Period”). The Licensed Software may not be transferred and is provided “AS IS” without warranty of any kind. You are solely responsible to take appropriate measures to back up Your system and take other measures to prevent any loss of files or data. The Licensed Software may contain an automatic disabling mechanism that prevents its use after a certain period of time. Upon expiration of the Licensed Software Evaluation Period, You will cease use of the Licensed Software and destroy all copies of the Licensed Software. All other terms and conditions of this License Agreement shall otherwise apply to Your evaluation of the Licensed Software as permitted herein.
12. U.S. GOVERNMENT RESTRICTED RIGHTS. The Licensed 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 Licensed Software - Restricted Rights" and DFARS 227.7202, “Rights in Commercial Computer Licensed Software or Commercial Computer Licensed Software Documentation”, as applicable, and any successor regulations. Any use, modification, reproduction release, performance, display or disclosure of the Licensed Software by the U.S. Government shall be solely in accordance with the terms of this License Agreement.
13. 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. All Symantec products, including the Controlled Technology are prohibited for export or re-export to Cuba, North Korea, Iran, Syria and Sudan and to any country subject to relevant trade sanctions. You hereby agree that You will not export or sell any Controlled Technology for use in connection with chemical, biological, or nuclear weapons, or missiles, drones or space launch vehicles capable of delivering such weapons.
14. TERMINATION. This License Agreement shall terminate upon Your breach of any term contained herein. Upon termination, You shall immediately stop using and destroy all copies of the Licensed Software.
15. SURVIVAL. The following provisions of this License Agreement survive termination of this License Agreement: Definitions, License Restrictions and any other restrictions on use of intellectual property, Ownership/Title, Warranty Disclaimers, Limitation of Liability, U.S. Government Restricted Rights, Export Regulation, Survival, and General.
16. GENERAL.
16.1. ASSIGNMENT. 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.
16.2. COMPLIANCE WITH APPLICABLE LAW. You are solely responsible for Your compliance with, and You agree to comply with, all applicable laws, rules, and regulations in connection with Your use of the Licensed Software.
16.3. AUDIT. An auditor, selected by Symantec and reasonably acceptable to You, may, upon reasonable notice and during normal business hours, but not more often than once each year, inspect Your records and deployment in order to confirm that Your use of the Licensed Software complies with this License Agreement and the applicable License Instrument. Symantec shall bear the costs of any such audit, except where the audit demonstrates that the Manufacturer’s Suggested Reseller Price (MSRP) value of Your non-compliant usage exceeds five percent (5%) of the MSRP value of Your compliant deployments. In such case, in addition to purchasing appropriate licenses for any over-deployed Licensed Software, You shall reimburse Symantec for the auditor’s reasonable actual fees for such audit.
16.4. GOVERNING LAW; SEVERABILITY; WAIVER. 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.
16.5. 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.
16.6. CUSTOMER SERVICE. Should You have any questions concerning this License Agreement, or if You desire to contact Symantec for any reason, please write to: (i) Symantec Enterprise Customer Care, 555 International Way, Springfield, Oregon 97477, U.S.A., (ii) Symantec Enterprise Customer Care Center, PO BOX 5689, Dublin 15, Ireland, or (iii) Symantec Enterprise Customer Care, 1 Julius Ave, North Ryde, NSW 2113, Australia.
16.7. ENTIRE AGREEMENT. This License Agreement and any related License Instrument are the complete and exclusive agreement between You and Symantec relating to the Licensed Software and supersede any previous or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter. This License Agreement prevails over any conflicting or additional terms of any purchase order, ordering document, acknowledgement or confirmation or other document issued by You, even if signed and returned. This License Agreement may only be modified by a License Instrument that accompanies or follows this License Agreement.
17. ADDITIONAL TERMS AND CONDITIONS. Your use of the Licensed Software is subject to the terms and conditions below in addition to those stated above.
17.1 Definitions.
A. “License Certificate” includes a written communication issued by Symantec confirming Your license of the Licensed Software and that accompanies, precedes or follows this License Agreement.
B. “Maintenance Certificate” includes a written communication issued by Symantec confirming Your maintenance/support for the Licensed Software and that accompanies, precedes or follows this License Agreement.
17.2 Node License. Under the terms of a Node License, you may use the Licensed Software to manage an aggregate number of Nodes within your organization not to exceed the sum of your licensed nodal count. A “Node” is any asset under management by the Licensed Software. An asset is: (a) a physical device such as a computer, PDA, or server, (b) a virtual device, such as an operating environment that may be running concurrently with another operating environment on a single physical device (e.g., VMware*, Virtual PC*, Virtual Server*), or (c) an object stored by the Licensed Software in a database, such object representing a physical or virtual asset for which data is being tracked or managed by the Licensed Software (e.g., printer, copier, etc.). A Node License will be deemed consumed for a particular Licensed Software product once an asset (as defined above) has been managed by a particular Licensed Software product. An asset has been managed by a particular Licensed Software product once the Licensed Software product or portion of the Licensed Software product such as an agent has (i) been run locally on an asset, (ii) remotely interacted with and/or received a response from an asset, (iii) configured or changed a setting of or migrated settings to or from an asset, (iv) participated in the creation or deployment of a disk image or (v) otherwise performed any management functionality that such particular Licensed Software product has been designed to perform with respect to an asset. You must purchase a sufficient number of Node Licenses to cover all Node Licenses consumed by a particular Licensed Software product.
17.3 Microsoft WAIK. If the Licensed Software You have licensed includes the Microsoft Window Automated Installation Kit (the “Component”), the following uses and restrictions apply to the Component:
A. The Component contains Windows® software licensed from Microsoft Corporation. Microsoft Corporation has no liability to You for the Component. Any support for the Component will be provided by Symantec in accordance with Symantec’s then-current support guidelines.
B. Notwithstanding any other term of this Agreement, the Component is provided without warranty of any kind whatsoever and is licensed “As Is.”
Windows® is a registered trademark of Microsoft Corporation.
17.4 Linux Kernel. The Linux Kernel component is not governed by this License Agreement. If you choose to install and use the Linux Kernel, your use of that component will be subject to and governed by the terms of a separate license agreement, the GNU General Public License, version 2.0, reproduced below.
17.5 PRIVACY; DATA PROTECTION. From time to time, the Software may collect certain information from the computer on which it is installed, which may include system and storage configuration data including system IP addresses, and other general, statistical information for product administration and analysis, and for improving product functionality. This information is collected and stored on Your system and is not transmitted externally without first obtaining Your consent.
GLB ENT EULA TEMPLATE v1.0_Altiris Deployment Solution v7.1_11.12.09
]]>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 OPENING THE
LICENSED SOFTWARE PACKAGE, BREAKING THE LICENSED SOFTWARE SEAL, CLICKING THE �I
AGREE� OR �YES� BUTTON, OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR
LOADING THE LICENSED SOFTWARE 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 FURTHER USE OF THE LICENSED SOFTWARE.
UNLESS OTHERWISE DEFINED HEREIN, CAPITALIZED TERMS WILL HAVE THE MEANING GIVEN
IN THE �DEFINITIONS� SECTION OF THIS LICENSE AGREEMENT AND SUCH CAPITALIZED
TERMS MAY BE USED IN THE SINGULAR OR IN THE PLURAL, AS THE CONTEXT REQUIRES.
1.������������ DEFINITIONS.
�Content
Updates�
means content used by certain Symantec products which is updated from time to
time, including but not limited to: updated anti-spyware definitions for
anti-spyware products; updated antispam rules for antispam products; updated
virus definitions for antivirus and crimeware products; updated URL lists for
content filtering and antiphishing products; updated firewall rules for
firewall products; updated intrusion detection data for intrusion detection
products; updated lists of authenticated web pages for website authentication
products; updated policy compliance rules for policy compliance products; and updated
vulnerability signatures for vulnerability assessment products.
�Documentation� means the user documentation
Symantec provides with the Licensed Software.
�License
Instrument�
means one or more of the following applicable documents which further defines
Your license rights to the Licensed Software: a Symantec license certificate or
a similar license document issued by Symantec, or a written agreement between
You and Symantec, that accompanies, precedes or follows this License Agreement.
�Licensed
Software�
means the Symantec software product, in object code form, accompanying this
License Agreement, including any Documentation included in, or provided for use
with, such software or that accompanies this License Agreement.
�Support
Certificate�
means the certificate sent by Symantec confirming Your purchase of the applicable
Symantec maintenance/support for the Licensed Software.
�Upgrade� means any version of
the Licensed Software that has been released to the public and which replaces
the prior version of the Licensed Software on Symantec�s price list pursuant to
Symantec�s then-current upgrade policies.
�Use Level� means the license use
meter or model (which may include operating
system, hardware system, application or machine tier limitations, if
applicable) by which Symantec measures, prices and licenses the right to
use the Licensed Software, in effect at the time an order is placed for such
Licensed Software, as indicated in this License Agreement and the applicable
License Instrument.
2.������������ LICENSE GRANT. Subject to Your compliance with the terms and
conditions of this License Agreement, Symantec grants to You the following
rights: (i) a non-exclusive, non-transferable (except as stated otherwise in
Section 16.1) license to use the Licensed Software solely in support of Your
internal business operations in the quantities and at the Use Levels described
in this License Agreement and the applicable License Instrument; and (ii) the
right to make a single uninstalled copy
of the Licensed Software for archival purposes which You may use and install
for disaster-recovery purposes (i.e. where the primary installation of the
Licensed Software becomes unavailable for use).
2.1��������� TERM. The term
of the Licensed Software license granted under this License Agreement shall be perpetual
(subject to Section 14) unless stated otherwise in Section 17 or unless You have obtained the Licensed
Software on a non-perpetual basis, such
as, under a subscription or term-based license for the period of time indicated
on the applicable License Instrument. If You have obtained the Licensed
Software on a non-perpetual basis, Your rights to use such Licensed Software shall
end on the applicable end date as indicated on the applicable License
Instrument and You shall cease use of the Licensed Software as of such
applicable end date.
3.������������ 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; (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; (v) use of the Licensed Software by any party other than You; (vi) use of
a later version of the Licensed Software other than the version that
accompanies this License Agreement unless You have separately acquired the
right to use such later version through a License Instrument or Support Certificate;
nor (vii) use of the Licensed Software above the quantity and Use Level that
have been licensed to You under this License Agreement or the applicable
License Instrument.
4.������������ OWNERSHIP/TITLE. The Licensed Software
is the proprietary property of Symantec or its licensors and is protected by
copyright law. 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.
5.������������ CONTENT UPDATES. If You purchase a
Symantec maintenance/support offering consisting of or including Content
Updates, as indicated on Your Support Certificate, You are granted the right to
use, as part of the Licensed Software, such Content Updates as and when they
are made generally available to Symantec�s end user customers who have
purchased such maintenance/support offering and for such period of time as
indicated on the face of the applicable Support Certificate. This License Agreement
does not otherwise permit You to obtain and use Content Updates.
6.������������ UPGRADES/CROSS-GRADES. Symantec reserves the right to require
that any upgrades (if any) of the Licensed Software may only be obtained in a
quantity equal to the number indicated on the applicable License Instrument. An
upgrade to an existing license shall not be deemed to increase the number of
licenses which You are authorized to use. Additionally, if You upgrade a Licensed
Software license, or purchase a Licensed Software license listed on the
applicable License Instrument to cross-grade an existing license (i.e. to
increase its functionality, and/or transfer it to a new operating system,
hardware tier or licensing meter), then Symantec issues the applicable Licensed
Instrument based on the understanding that You agree to cease using the
original license. Any such license upgrade or cross-grade is provided under
Symantec's policies in effect at the time of order. This License Agreement does
not separately license You for additional licenses beyond those which You have
purchased, and which have been authorized by Symantec as indicated on the
applicable License Instrument.
7.������������ LIMITED WARRANTY.
7.1. ������� MEDIA WARRANTY. If Symantec provides the
Licensed Software to You on tangible media, Symantec warrants that the magnetic
media upon which the Licensed Software is recorded will not be defective under
normal use, for a period of ninety (90) days from delivery. Symantec will
replace any defective media returned to Symantec within the warranty period at
no charge to You. The above warranty is inapplicable in the event the Licensed
Software media becomes defective due to unauthorized use of the Licensed
Software. THE FOREGOING IS YOUR SOLE AND
EXCLUSIVE REMEDY FOR SYMANTEC�S BREACH OF THIS WARRANTY.
7.2.�������� PERFORMANCE WARRANTY. Symantec warrants
that the Licensed Software, as delivered by Symantec and when used in
accordance with the Documentation, will substantially conform to the
Documentation for a period of ninety (90) days from delivery. If the Licensed
Software does not comply with this warranty and such non-compliance is reported
by You to Symantec within the ninety (90) day warranty period, Symantec will do
one of the following, selected at Symantec�s reasonable discretion: either (i)
repair the Licensed Software, (ii) replace the Licensed Software with software
of substantially the same functionality, or (iii) terminate this License
Agreement and refund the relevant license fees paid for such non-compliant
Licensed Software. The above warranty specifically excludes defects resulting
from accident, abuse, unauthorized repair, modifications or enhancements, or
misapplication. THE FOREGOING IS YOUR
SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC�S BREACH OF THIS WARRANTY.
8.������������ WARRANTY DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE warranties
set forth in sections 7.1 and 7.2 are YOUR exclusive warranties AND ARE IN LIEU OF ALL
OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. SYMANTEC MAKES NO WARRANTIES OR REPRESENTATIONS THAT
THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES WILL MEET YOUR REQUIREMENTS
OR THAT OPERATION OR USE OF THE LICENSED SOFTWARE, CONTENT UPDATES, AND
UPGRADES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU MAY HAVE OTHER WARRANTY RIGHTS,
WHICH MAY VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
9.������������ 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 OR
ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY
COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF
PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION,
LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR
ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL,
CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR
INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS,
SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL
SYMANTEC�S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING
RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR
LIMIT SYMANTEC�S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE
OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE
DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR
NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.
10.��������� MAINTENANCE/SUPPORT. Symantec has no
obligation under this License Agreement to provide maintenance/support for the
Licensed Software. Any maintenance/support purchased for the Licensed Software
is subject to Symantec�s then-current maintenance/support policies.
11.��������� SOFTWARE EVALUATION. If the Licensed
Software is provided to You for evaluation purposes and You have an evaluation
agreement with Symantec for the Licensed Software, Your rights to evaluate the
Licensed Software will be pursuant to the terms of such evaluation agreement.
If You do not have an evaluation agreement with Symantec for the Licensed
Software and if You are provided the Licensed Software for evaluation purposes, the following terms and conditions shall
apply. Symantec
grants to You a nonexclusive, temporary, royalty-free, non-assignable license
to use the Licensed Software solely for internal non-production evaluation. Such
evaluation license shall terminate (i) on the end date of the pre-determined
evaluation period, if an evaluation period is pre-determined in the Licensed
Software or (ii) sixty (60) days from the date of Your initial installation of
the Licensed Software, if no such evaluation period is pre-determined in the
Licensed Software (�Evaluation Period�). The Licensed Software may not be transferred and is provided �AS
IS� without warranty of any kind. You are solely responsible to take
appropriate measures to back up Your system and take other measures to prevent
any loss of files or data. The Licensed Software may contain an automatic
disabling mechanism that prevents its use after a certain period of time. Upon
expiration of the Licensed Software Evaluation Period, You will cease use of
the Licensed Software and destroy all copies of the Licensed Software. All
other terms and conditions of this License Agreement shall otherwise apply to
Your evaluation of the Licensed Software as permitted herein.
12.���������
13.��������� 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
14.��������� TERMINATION. This License Agreement shall terminate upon Your breach of any term
contained herein. Upon termination, You shall immediately stop using and
destroy all copies of the Licensed Software.
15.��������� SURVIVAL. The following provisions of
this License Agreement survive termination of this License Agreement: Definitions,
License Restrictions and any other restrictions on use of intellectual property,
Ownership/Title, Warranty Disclaimers, Limitation of Liability, U.S. Government
Restricted Rights, Export Regulation, Survival, and General.
16.��������� GENERAL.
16.1.������ ASSIGNMENT. 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.
16.2.������ COMPLIANCE WITH APPLICABLE LAW. You
are solely responsible for Your compliance with, and You agree to comply with,
all applicable laws, rules, and regulations in connection with Your use of the
Licensed Software.
16.3.������ AUDIT. An auditor, selected by Symantec
and reasonably acceptable to You, may, upon reasonable notice and during normal
business hours, but not more often than once each year, inspect Your records
and deployment in order to confirm that Your use of the Licensed Software
complies with this License Agreement and the applicable License Instrument.
Symantec shall bear the costs of any such audit, except where the audit
demonstrates that the Manufacturer�s Suggested Reseller Price (MSRP) value of
Your non-compliant usage exceeds five percent (5%) of the MSRP value of Your
compliant deployments. In such case, in addition to purchasing appropriate
licenses for any over-deployed Licensed Software, You shall reimburse Symantec
for the auditor�s reasonable actual fees for such audit.
16.4.������ GOVERNING
LAW; SEVERABILITY; WAIVER. If You are located
in North America or Latin America, this License Agreement will be governed by
the laws of the State of
16.5.������ 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.
16.6.������ CUSTOMER SERVICE.
Should You have any questions concerning this License Agreement, or if You
desire to contact Symantec for any reason, please write to: (i) Symantec Enterprise
Customer Care, 555 International Way,
16.7.������ ENTIRE AGREEMENT. This License Agreement and any related License
Instrument are the complete and exclusive agreement between You and Symantec
relating to the Licensed Software and supersede any previous or contemporaneous
oral or written communications, proposals, and representations with respect to
its subject matter. This License Agreement prevails over any conflicting
or additional terms of any purchase order, ordering document, acknowledgement
or confirmation or other document issued by You, even if signed and returned. This License Agreement may only be modified by a
License Instrument that accompanies or follows this License Agreement.
17.��������� ADDITIONAL
TERMS AND CONDITIONS. Your
use of the Licensed Software is subject to the terms and conditions below in
addition to those stated above.
17.1������� Definitions.
A.����������� �License Certificate� includes a
written communication issued by Symantec confirming Your license of the
Licensed Software and that accompanies, precedes or follows this License
Agreement.
B.����������� �Maintenance Certificate� includes a
written communication issued by Symantec confirming Your maintenance/support
for the Licensed Software and that accompanies, precedes or follows this
License Agreement.
17.2������� Node
License.� Under the terms of a Node
License, you may use the Licensed Software to manage an aggregate number of
Nodes within your organization not to exceed the sum of your licensed nodal
count.� A �Node� is any asset under
management by the Licensed Software.� An
asset is: (a) a physical device such as a computer, PDA, or server, (b) a
virtual device, such as an operating environment that may be running
concurrently with another operating environment on a single physical device
(e.g., VMware*, Virtual PC*, Virtual Server*), or (c) an object stored by the Licensed
Software in a database, such object representing a physical or virtual asset
for which data is being tracked or managed by the Licensed Software (e.g.,
printer, copier, etc.). A Node License will be deemed consumed for a particular
Licensed Software product once an asset (as defined above) has been managed by
a particular Licensed Software product. An asset has been managed by a
particular Licensed Software product once the Licensed Software product or
portion of the Licensed Software product such as an agent has (i) been run
locally on an asset, (ii) remotely interacted with and/or received a response
from an asset, (iii) configured or changed a setting of or migrated settings to
or from an asset, (iv) participated in the creation or deployment of a disk
image or (v) otherwise performed any management functionality that such
particular Licensed Software product has been designed to perform with respect
to an asset. You must purchase a sufficient number of Node Licenses to cover
all Node Licenses consumed by a particular Licensed Software product.
17.3 ������ Image-Based License. "Image" is
defined as a hard disk(s) clone(s), or a system disk(s) configuration clone(s).
Under the terms of an Image-Based License, You may use the Licensed Software to
deploy Nodes within your organization via an "Image" based
deployment, not to exceed the sum of Your licensed nodal count.
17.4������� Microsoft
WAIK.� If the Licensed Software
You have licensed includes the Microsoft Window Automated Installation Kit (the
�Component�), the following uses and restrictions apply to the Component:
A.� ��������� The Component contains Windows�
software licensed from Microsoft Corporation.�
Microsoft Corporation has no liability to You for the Component.�� Any support for the Component will be
provided by Symantec in accordance with Symantec�s then-current support
guidelines.
B.����������� Notwithstanding any
other term of this Agreement, the Component is provided without warranty of any
kind whatsoever and is licensed �As Is.�
Windows� is a
registered trademark of Microsoft Corporation.
17.5������� PRIVACY; DATA PROTECTION. From time to time, the Software may collect
certain information from the computer on which it is installed, which may
include system and storage configuration data including system IP addresses,
and other general, statistical information for product administration and
analysis, and for improving product functionality. This information is
collected and stored on Your system and is not transmitted externally without
first obtaining Your consent.�
GLB
ENT EULA TEMPLATE v1.0_Altiris Deployment Solution for Solaris v1.0_09.13.2010
Fujitsu Technology Solutions
Software License Agreement for End Users of the
Software "DeskView"
1.
Subject of this Agreement
1.1
For the purposes of this agreement
“Software” shall mean the software with the object code, the version and the
specification indicated in the software product data sheet of Fujitsu
Technology Solutions.
The Software
consists of machine-readable instructions and/or printed documentation and
related licensed materials.
1.2
Please read this agreement carefully
before you use the Software. If you do not agree with the license terms in this
agreement, you are not permitted to use the Software.
1.3
By using the Software you agree to be bound by the terms of this agreement.
1.4
Fujitsu Technology Solutions reserves the right to implement at any time
in the future an additional software license key and/or license certificates as
countermeasures against software piracy.
1.5
Software components from third-party software suppliers which are part
of the scope of the delivery are subject to separate license agreements that
are included with the Software or that are transmitted by Fujitsu Technology
Solutions upon request.
2.
End User License
2.1
Fujitsu Technology Solutions grants you a non-exclusive and
non-transferable license to use the Software on the number of workstations for
which you have purchased licenses. Unless you purchase additional licenses, you
are not permitted to operate the Software on more than the maximum number of licensed
workstations or on hardware that exceeds the type specified in the section "licensing"
of the software product's data sheet.
You are permitted to make a backup copy of the
Software for archiving purposes, provided you properly mark the copy or partial
copy of the Software with the copyright notice and any other ownership information.
2.2
You are not permitted to copy, modify or distribute the Software.
Furthermore, you are not permitted to re-compile, re-engineer, convert, revise,
compile or modify the Software. You may not sub-license, without selling the
related hardware, assign, rent, lease or transfer the Software except as
expressly permitted by this agreement or due to mandatory legal regulations.
2.3
If you acquired the Software as a program upgrade, your license for the
use of the old software version ends automatically with the installation of the
upgrade version of the Software. If parts of the old software version are not
replaced by the upgrade version, the license for the old version continues to
be effective until the remnants of the old software version are also replaced
or deactivated or shut down in any other way.
2.4
Unless specified otherwise in the respective software data sheet of Fujitsu
Technology Solutions, the license for a software version or release does not
give you any rights to new releases (updates), new versions (upgrades) or
technical support services for the Software. Supplemental software support contracts
and maintenance services, including or excluding new releases and new versions
and additional technical support services, can be purchased separately either
from Fujitsu Technology Solutions directly or from authorized software resellers.
3.
Downloading
For Software
supplied by Fujitsu Technology Solutions over a network or a similar distribution
path, the following additional conditions shall apply:
All products supplied for downloading by Fujitsu Technology Solutions are
selected, made available and — if supplied by third parties — provided without
modification. However, you are fully responsible for ensuring the most current
version and usability of downloadable material for your own purposes and on
your own system. You download Software at your own risk. Fujitsu Technology Solutions
will not accept any liability, particularly not for transmission errors or
problems that arise during the downloading process (line failures, connection
interruptions, server failures, data corruption, etc.).
The website of Fujitsu
Technology Solutions is operated and administered only for those countries in
which Fujitsu Technology Solutions has one or more offices. Fujitsu Technology
Solutions accepts no responsibility that Software and/or documentation can or
may be downloaded from a Fujitsu Technology Solutions website also in locations
other than the countries mentioned above. If you access an Fujitsu Technology Solutions website from
abroad, you are fully responsible for complying with any local regulations. Fujitsu
Technology Solutions expressly prohibits the downloading of Software and/or
documentation from a Fujitsu Technology Solutions website in countries where
such downloading is considered illegal.
4.
Copyright
All rights and
licenses, unless they are expressly granted to you in this license terms, as
well as all property and usage rights related to the Software (including parts
of the Software) remain fully with Fujitsu Technology Solutions and/or its
third-party licensors.
The license
terms do not authorize you to use the brands, logos or trademarks of Fujitsu
Technology Solutions or its third-party licensors, nor are you permitted to use
any other brands which are deceptively similar to the brands, logos or
trademarks of Fujitsu Technology Solutions. Each and any use of brands, logos
or trademarks with respect to the Software or Fujitsu Technology Solutions
requires the express consent of Fujitsu Technology Solutions
5.
Licensor's warranty and
liability disclaimer, if Software is sold and delivered by Reseller
If you acquire the Software directly from an
authorized reseller (called "Reseller"), the right to install and use the
Software may be subject to additional software license conditions agreed upon
between you as the licensee and the respective reseller.
In all cases of an authorized software resale, the
software is sublicensed and made available to the licensee directly by the
Reseller. In such cases, Fujitsu Technology Solutions is not a contractual
party of the software license agreement between you, as licensee and the
Reseller, as far as the procurement of the software licenses are concerned.
Legal claims in connection with the software licensing can therefore be
asserted only on the basis of the agreements with the Reseller. Under no circumstances,
however, will the respective scope of the license for the licensee exceed the
scope of the license agreements as specified in sections 1, 2, 3 and 4 of this
agreement.
Subject to mandatory legal regulations, particularly
those governing liability and/or warranties, which cannot be excluded in
connection with end user license agreement regulations and with reference to
the licensee's claims against the Reseller, Fujitsu Technology Solutions
disclaims all warranties for the Software in this agreement. For the same
reason, Fujitsu Technology Solutions disclaims any and all liability/claims for
any violations of third parties' rights as well as any implied warranties for
the software's marketability and its suitability for a particular purpose. This
disclaimer of liability does not apply in cases of willful or malicious
behavior by Fujitsu Technology Solutions.
In this End User License Agreement, Fujitsu Technology
Solutions grants no warranties of any kind, either express or implied.
6.
Disclaimer of liability
with respect to shareware, freeware and/or open source software components
6.1
The Software may contain freeware or shareware which Fujitsu Technology
Solutions received from a third party. Fujitsu Technology Solutions paid no
license fees for the use of this freeware or shareware. Accordingly, the
licensee is not charged any license fees for the use of the freeware or
shareware. You recognize and accept that Fujitsu Technology Solutions therefore
grants no warranties with respect to such freeware or shareware components and
does not assume any liability in connection with the ownership, the
distribution and/or the use of the respective freeware or shareware.
6.2
The Software may also contain open source software components that were
developed according to the "open source model" and which are distributed
exclusively on the basis of the GPL (General Public License: http://www.gnu.org/copyleft/gpl.html)
terms and conditions or other standard open source standard license terms and
conditions applicable to the respective open source components at the time of
their dissemination. You recognize and accept that the licensing of such open
source software components is governed exclusively by the above-mentioned GPL
terms or by the conditions which are otherwise included with the open source
software components. Fujitsu Technology Solutions receives neither license fees
nor any other compensation for the delivered open source software components.
As far as Fujitsu Technology Solutions or a third party receives any compensation
in connection with open source software components, it is received exclusively
for additional delivery items and/or services.
Because of the special nature of the development
and distribution of open source software components, Fujitsu Technology
Solutions assumes no express or implied liability for such components and
excludes any kind of warranty for such open source software components,
particularly in connection with missing specifications, lack of functionality,
programming errors or any other malfunctions.
7.
General limitations of
liability
7.1
Neither Fujitsu Technology Solutions nor its suppliers are liable for
any consequential or indirect damages, including damages arising as a result of
or in connection with an operational interruption, lost profits or sales, lost
data, or costs of capital. Fujitsu Technology Solutions and its suppliers will
not be liable for additional ancillary or consequential costs or for any other
losses, costs or expenses of any kind which arise as a result of the holding,
sale, use or impossibility of use of the Software, independent of whether such
claims are asserted due to warranty rights, contracts, tort or any other legal
theory.
7.2
The liability of Fujitsu Technology Solutions for direct damage caused
as a result of a contract violation and/or other action or lapse on the part of
Fujitsu Technology Solutions which have not been excluded or cannot be completely
excluded due to mandatory law are limited to no more than €250,000.00. Any and
all other liabilities for direct damage are excluded. Damage caused by Fujitsu
Technology Solutions as a result of slight negligence are excluded to the
extent permitted by applicable legal regulations.
7.3
Limitations and exclusions of liability resulting from this agreement do
not apply to damage where Fujitsu Technology Solutions carries compulsory liability
according to applicable laws and where such liability cannot be limited to a
maximum amount (for example, liability for bodily damage; product liability or
fraudulently incorrect information).
8.
Export controls
Due to its
components as well as the nature or purpose of these components, the export of
the Software and/or its accompanying documents may be subject to official or
regulatory approval. In cases where the Software is intended for export, you
are obliged to get all approvals and authorizations required to comply with all
relevant export regulations.
The Software
may not be exported if there is reason to assume that the Software will be used
in connection with nuclear, chemical or biological weapons or for missile
technology. Furthermore, you may not deliver the Software — or have it
delivered indirectly — to such companies or persons who are listed in the
applicable U.S. export regulations (particularly the Table of Denial
Orders/U.S. Denied Persons Lists (DPL) or in the E.U. export regulations
(particularly the EU Terrorist List) or in the applicable warnings issued by
the German export authorities or any other competent authorities in any
country.
Under no
circumstances is Fujitsu Technology Solutions obligated to deliver software,
patches, updates or upgrades, to provide software for download or to fulfill
any other contractual commitments if this would be a violation of the
applicable export regulations of the Federal Republic of Germany, the European
Union, the
If you export
or re-export the Software or a copy of it, this may be a violation of
applicable export laws and a severe violation of the terms of this agreement.
9.
Miscellaneous
9.1
If any term or condition in this
agreement or any other contract that is subject to the terms and conditions of
this agreement turns out to be invalid or unenforceable (partly or in full),
the validity of all other terms and conditions remains unaffected, unless
complying with the remaining terms and conditions would represent an
unreasonable hardship for either contract party, even with the application of
applicable legal regulations to close the legal gap.
9.2
If the licensee does not comply with
essential terms and conditions of this license agreement, Fujitsu Technology
Solutions reserves the right to cancel the license. In case of such
cancellation, you must immediately return any and all copies of the software in
your possession and confirm the complete return [of the software copies] or the
destruction of these copies in writing.
9.3
Neither you nor Fujitsu Technology Solutions is responsible or liable
for the respective party's non-compliance with its obligations if the reason
for such non-compliance is outside the party's control due to force majeure.
9.4
Any and all modifications and/or amendments to these license terms and
conditions are only valid if they are made in writing.
10. Applicable law
10.1
These license terms and conditions are governed by the laws of the
Federal Republic of Germany.
10.2
In the event that provisions of clause 10.1 are unenforceable, these
license terms and conditions shall be governed by the laws of the country in
which you acquire the Software, with the following exceptions: 1) In Australia,
the terms and conditions of this license are governed by the laws of the state
or sovereign territory in which the business contract is being concluded; 2) in
Albania, Armenia, Belarus, Bosnia-Herzegovina, Bulgaria, Croatia, Kazakhstan,
Kirgizia, the former Yugoslavian Republic of Macedonia (FYROM), Moldavia,
Poland, Romania, Russia, Slovakia, Slovenia, the Ukraine and the Federal
Republic of Yugoslavia, the terms and conditions of this license are governed
by the laws of the Federal Republic of Germany; 3) in the United Kingdom [Great
Britain], all disputes with respect to these license terms and conditions are
governed by English law, and English courts have exclusive jurisdiction; 4) in
Canada, the terms and conditions of this license are governed by the laws of
the Province of Ontario; 5) in the United States of America and in Puerto Rico
as well as in the People's Republic of China the terms and conditions of this
license are governed by the laws of the U.S. State of New York.
Adobe Flash Player version 10 or higher is required for the Getting Started videos.
To download Adobe Flash Player 11, use the following download link:
Sun Java Runtime version 6 is required for the use of multiple Symantec Solutions.
To download Sun Java Runtime 6, use the following download link:
http://javadl.sun.com/webapps/download/AutoDL?BundleId=37717 ]]>
Microsoft Silverlight version 3.0 is required for the use of multiple Symantec Solutions.
To download Silverlight 3.0, use the following download link:
Biomni FRONT OFFICE End User Licence Agreement
This Biomni End User Licence Agreement (“EULA”) is a legal agreement between the user of the Software which may include but is not limited to an organization, company, partnership or individual that is named upon the purchase order for the Software and is the party that pays for the Software (referred to as "you" or "your" in this EULA) and Biomni, Limited whose principal place of business is at York House, 23 Kingsway, London, WC2B 6UJ, England (“Biomni”) for the licensing of software products from Biomni.
BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE (AS "SOFTWARE" IS DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE WITH THE TERMS OF THIS EULA, DO NOT INSTALL, COPY AND/OR USE THE SOFTWARE. .
YOU HEREBY AGREE THAT THE TERMS AND CONDITIONS OF THIS EULA ARE REASONABLE (INCLUDING BUT NOT LIMITED TO THE EXCLUSIONS AND LIMITATIONS IN THIS EULA) AND THAT YOU HAVE HAD THE OPPORTUNITY TO SEEK LEGAL ADVICE IN RELATION TO AND BEFORE ENTERING INTO THIS EULA AND THAT YOU HAVE ENTERED INTO THIS EULA IN YOUR OWN PERSONAL INTERESTS.
IF YOU ARE A CONSULTANT, FREELANCER OR OTHER THIRD PARTY THAT IS USING THE SOFTWARE FOR OR ON BEHALF OF A CUSTOMER OR ANY OTHER THIRD PARTY THEN YOU MAY ONLY USE THE SOFTWARE FOR THAT CUSTOMER OR THIRD PARTY WITH THE EXPRESS PRIOR WRITTEN CONSENT OF BIOMNI AND ON TERMS THAT ARE SATISFACTORY TO AND APPROVED BY BIOMNI AND YOU MUST ENSURE THAT YOU AND ANY SUCH CUSTOMER COMPLY WITH ALL THE TERMS AND CONDITIONS IN THIS EULA.
NOTHING IN THIS EULA IS (OR IS INTENDED TO) AFFECT YOUR STATUTORY RIGHTS IF YOU ARE DEALING AS A CONSUMER AS DEFINED IN THE SALE OF GOODS ACT 1979 AND/OR THE UNFAIR CONTRACT TERMS ACT 1977 (AS AMENDED AND UPDATED).
1. SOFTWARE AND DOCUMENTATION. “Software” means all and/or any of Biomni's computer programs (or any part of them) that includes but is not limited to software known as and entitled "FRONT OFFICE” AND/OR “DIRECTA” that accompanies or is provided under this EULA, together with the associated media, corresponding Documentation, technical configurations, and technical data. “Documentation” means the end user manual and any other documentation (including print and online), if any, provided to you at any time with the Software. The "Purpose" means using the Software for your own internal business purposes (and not for any commercial purposes such as sale, licensing or otherwise) and using the Software for an actionable service catalogue with self-service request and routing functionality and only such use of the Software that is expressly specified or permitted by Biomni from time to time.
2. LICENCE GRANT. Provided that you comply with all terms and conditions of this EULA, Biomni grants you a non-exclusive, personal, non-transferable licence to use the Software for the Purpose in accordance with and subject to these terms and conditions and the licence Type licensed to you and for no other purposes and this non-exclusive licence is granted for use of the Software only in the country in which the Software is licensed to you. This licence does not extend to or allow you to in any way use the Software for or on behalf of any of your associated, connected, affiliated or group companies or for or on behalf of any third parties and is only granted to you for you personally or the sole use by your organization that subscribes to use the Software. The Software is licensed solely for your personal use or the internal use within your organization; any other use, including for third parties or for any commercial purposes of whatever nature and howsoever arising is expressly prohibited. This licenceshall continue in accordance with and subject to the terms of this EULA and only for so long as Biomni agrees to provide this Software to you. With respect to your internal use of the Software as permitted above in this Section 2, you may permit third party consultants and contractors (such as your third-party supplier(s) of information services) (“authorized users”) to use the Software, provided that (i) all such use is in accordance with the terms and conditions of this EULA, and (2) you assume full responsibility and liability for any use of the Software by such third parties
3. COPIES. You may only make copies of the Software provided that any such copy: (i) is created as an essential step in the utilization of the Software as licensed under this EULA, or (ii) is only for archival purposes to back-up the Software; and where the number of back up copies and their location and purpose for them being created or used is promptly notified to Biomni in writing (in such detail as Biomni may require) from time to time if and when Biomni requests this information. All trademark, copyright, and proprietary rights notices relating to the Software must be faithfully reproduced and included by you on such copies. You may not make any other copies of the Software.
4. OTHER RESTRICTIONS AND YOUR OBLIGATIONS. Biomni reserves all rights not expressly granted to you (including but not limited to all rights, intellectual property rights, title and interest in and relating to the Software). Without limiting the generality of the foregoing, you shall not nor shall you permit any other party to: (i) disassemble, de-compile, reverse engineer, or translate any part of the Software, or otherwise attempt to reconstruct or discover the source of this Software ("Reconstruction"), except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation and provided that you notify Biomni of such Reconstruction activities regarding your use of the Software prior to commencing or permitting such Reconstruction activities, or (ii) modify or create derivative works based upon or having the same or similar look and feel as the Software or copy (in whole or in part) and/or distribute the Software other than as expressly authorized in this EULA, or (iii) externally distribute, sublicense, resell, encumber, or otherwisetransfer this Software, or (iv) rent, lease, lend,or use the Software for timesharing or bureau use, or (v) allow a third party to copy, access, or use the Software (except as expressly provided in Section 2 of this EULA), or (vi) disclose the results of any benchmark test of the Software to a third party without the prior written approval of Biomni, or (vii) take any actions that would cause the Software to become subject to any open source or quasi-open source licence agreement; or (viii) use the Software as part of or in combination with other software where the Software becomes modified, changed or used in any way that is different to the way in which it was originally supplied by Biomni or how Biomni intended the Software to be used by you; or (ix) use the Software in any ways or for any purposes that are not expressly permitted in this EULA.
You must:
(a) promptly provide all such co-operation, assistance and information as Biomni may require from time to time regarding your use of the Software:
(b) promptly comply with all of Biomni's instructions and directions regarding the proper use of the Software;
(c) promptly notify Biomni if there are any defects, problems and/or errors relating to the Software; and
(d) promptly notify Biomni in writing if you receive any complaints and/or claims of any nature regarding your use of Biomni's software from any third parties; and
(e) keep the Software safe and secure at all times and not disclose the Software to any unauthorized third parties and/or any parties that are not subject to the terms and conditions of this EULA; and
(f) not at any time use the Software in any way that is not authorized pursuant to this EULA; and
(g) not combine or mix the Software with any other software (including but not limited to any so called "open source" software) where this may lead to the Software becoming open source software or where this could restrict or limit or adversely affect Biomni's rights, title and interest in relation to the Software; and
(h) allow Biomni (and its nominated representatives) to audit your use of the Software as Biomni deems necessary or desirable (with Biomni acting reasonably) and you will provide Biomni with all such reasonable information, co-operation and assistance as Biomni may require from time to time relating to such audits (including but not limited to access to any premises, equipment, documentation, materials, third parties and/or staff relating to or connected with your use of the Software) PROVIDED THAT such audit shall not occur more than once every 12 months and shall only occur on no less than 10 days prior written notice to youand the general purpose of such an audit would be to ensure that the Software is being used in accordance with the terms and conditions of this Agreement and that the correct fees for use of the Software have been and are being paid to Biomni.
4.1 You acknowledge and accept that Biomni will not be responsible or liable to you in any manner whatsoever in the event that any goods or services ordered by you through the System (or any process in which the Software is used) are defective or not fit for their purpose or in the event that there is any failure to deliver or perform, or delay in the delivery or performance of, such goods or services.
4.2 You further acknowledge and accept that Biomni accepts no responsibility for the contents of the information, contents brochures or catalogues of Suppliers which are displayed on the System and that it is the sole responsibility of You and such Suppliers to ensure the accuracy of such brochures or catalogues.
4.3 You further acknowledge and accept that subject to clause 10 LIMITED WARRANTY, Biomni accepts no responsibility or liability for the contents (or any reliance on the contents) of the information entered into the Software by you, your Suppliers and/or Users and/or any third party which are displayed by the Software and that it is the sole responsibility of you, your Suppliers and/or Users and/or any third parties (as the case may be) to ensure that any information which you/they enter into the Software is accurate, up to date and complete. Furthermore you acknowledge that you must rely on your own skill and judgement when assessing and interpreting data output from the System.
In this clause 4 references to:
(i) the "System" means the system (and/or any part of it) which is used by you or on your behalf or with your authority or permission or knowledge (part of which might include the Software);
(ii)."the Supplier" means any entity that is providing goods and/or services to you by using the System; and
(iii)."Users" means any party that uses the System for or on behalf of you or with your authority or permission or knowledge.
5. OWNERSHIP. You acknowledge that all title and intellectual property (of whatever nature and howsoever arising) in and relating to the Software (including all copies thereof and all modifications, updates, new versions, add ons or changes thereto) are owned by Biomnior its licensor(s), if any. The Software is protected by UK, U.S. and international laws, including without limitation copyright and trademark law and international treaty provisions. The Software is licensed to you, not sold.
6. COPYRIGHTS; TRADE SECRETS. You acknowledge and agree that the structure, sequence, and organization of the Software (including but not limited to any technical configurations, technical data, images, photographs, animations, video, audio, music, and text) are proprietary to Biomni and are the valuable trade secrets of Biomni and its licensors. You agree to hold such trade secrets in confidence. Unless explicitly set forth in a written agreement executed between Biomni and you, you may not remove from the Software or alter any of the trademarks, trade names, logos, patent or copyright notices or markings, or add any other notices or markings to or on the Software.
7. LICENSE. Your right to use the Software is limited in accordance with the terms under which you received the Software. If no period of use is specified, then your right to use the Software shall terminate upon prior written notice to you and at which time you must return or destroy the Software that is in your possession or control. The contents of the Software shall feature such features and benefits as Biomni may (in Biomni's sole discretion) deem appropriate.
Other features and benefits may be available from Biomni from time to time in relation to or in connection with the Software but you will need to pay Biomni the relevant fees in order to receive or be provided with any of these features and benefits. If you pay for these features and benefits then your software licence will be upgraded in order to allow you to receive these features and benefits PROVIDED THAT the terms and conditions relating to the Software in this EULA will continue to apply in relation to any features and benefits relating to the Software that is upgraded or updated.
8. ACTIVATION KEY. The use of the Software may require an“activation key” from Biomni or its authorized reseller. The activation key may be a printable digital key, a non-printable file, or any other mechanism used by Biomni for licence activation purposes. You agree that you will not (and will not attempt to) “hack,” “crack,” or otherwise override or disable or tamper with this activation key.
9. UPDATES. Except as otherwise expressly provided herein, this EULA will govern any Software updates and upgrades that may be provided to you in accordance with Biomni’s then-current maintenance and support policies (including Biomni’s Annual Upgrade Protection program or “AUP” program), unless such updates and upgrades are provided under separate licence agreement. You may use such updates or upgrades only in conjunction with your then-existing Software licensed under this EULA. The Software and all updates and upgrades are licensed as a single product and such updates and upgrades may not be separated from the Software to exceed the scope of your original licence. Any other software that may be provided with the Software that is associated with a separate end-user licence agreement is licensed to you under the terms of that separate licence agreement.
Biomni may make minor modifications and fixes to the Software which Biomni deems to be general and universal minor modifications and fixes that Biomni wishes to apply to all customers and you will not be charged for such minor modifications and fixes but all other changes, new versions, updates, upgrades, modifications and fixes to the Software and any other matters relating to the Software will be charged for by Biomni.. Biomni recommends that you follow Biomni's upgrade/update best practice whereby UAT (user acceptance testing) of a new version is undertaken, within a test environment prior to any upgrade/update being implemented for you. Once the UAT has been successful we then plan the upgrade/update to the production environment.
Biomni's close collaborative approach with you means that we can jointly give careful consideration to all universal upgrades/updates that apply to the Software that Biomni licenses to all of its customers so that you fully understand the feature enhancements that the new version would offer and decide on the new best steps. In some cases, post upgrade/update, a system 'roll-back' to the former version may be possible if certain steps have been taken ahead of the upgrade/update (mainly database back up). Again Biomni's consultants can help you understand this, and all other options, at the time of upgrade/update.
10. LIMITED WARRANTY. If (a) the Software does not substantially conform to its specifications in the Documentation, the physical media accompanying the Software is defective, or if you are dissatisfied with the Software for any reason then you may return the Software to Biomni to at any time (but without any liability on Biomni).. Upon return, this EULA shall terminate immediately and you must immediately cease all use of the Software and remove and erase or cause to be removed and erased all copies of any Software from all computers and storage media and devices within your possession or control or the possession or control of authorized users under Section 2 of this EULA. At Biomni's request, you will certify in writing to Biomni that you have complied with this Section.
Warranties (whether express or implied) shall apply to the Software in respect of remedial action that is carried out pursuant to the terms and conditions of this EULA.
Remedial Action: In the event of the Software being the source of and causing a virus leading to corporate network issues or interruption THEN Biomni will take any necessary steps that Biomni believes are necessary (in Biomni's sole opinion) to address the problem which may comprise of Biomni providing either telephone, e-mail or web based maintenance and/or support services to designated personnel, including without limitation, assisting such personnel in resolving problems, and providing assistance regarding suspected defects or errors in the Software relating to the Software being the source of and causing a virus. Services may be provided during 24 hours a day 7 days a week for e-mail/web/voice notification of support incidents although this service may be varied, changed or withdrawn as Biomni believes is necessary or desirable regarding any such support. YOU AGREE THAT BIOMNI WIILL CHARGE YOU THE FEES THAT BIOMNI NORMALLY CHARGES FOR THE PROVISION BY BIOMNI OF ANY SUPPORT AND/OR MAINTENANCE SERVICES AND YOU WILL NEED TO AGREE THESE CHARGES WITH BIOMNI BEFORE BIOMNI PROVIDES ANY SUPPORT AND/OR MAINTENANCE SERVICES TO YOU IN RELATION TO THE SOFTWARE AND/OR THIS EULA.
Biomni may, as Biomni deems necessary or desirable, prioritize requests by discussing the business impact and use the following guidelines to prioritize its resources:
|
Severity 1 |
System unavailable or severely degraded throughput. Customer’s business endangered. |
|
Severity 2 |
System error with no workaround. Part of the system is malfunctioning and cannot be overcome by other means. |
|
Severity 3 |
Problem or request related to a single user or transaction or any problem or request that has no detrimental effect on the overall operation of the system. |
11. NO OTHER WARRANTIES. EXCEPT AS EXPRESSLY WARRANTED ABOVE IN SECTION 10, THE SOFTWARE IS PROVIDED “AS IS,” WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. ANY EXPRESS WARRANTY MADE OUTSIDE OF THIS EULA IS EXCLUDED AND SUPERCEDED. NEITHER BIOMNINOR ITS LICENSORS, DISTRIBUTORS AND/OR RESELLERS REPRESENT OR WARRANT THAT THE SOFTWARE WILL SATISFY YOUR REQUIREMENTS OR THAT IT IS WITHOUT DEFECT OR ERROR OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR FREE. Some jurisdictions do not allow certain disclaimers or limitations of warranties, so some of these may not apply to you.
12. NON-BIOMNI PRODUCTS. BIOMNI DOES NOT WARRANT OR PROVIDE ANY REPRESENTATIONS REGARDING ANY NON-BIOMNI PRODUCTS OR ANY GOODS AND/OR SERVICES PROVIDED BY ANY THIRD PARTY. ANY SUCH PRODUCTS ARE PROVIDED ON AN “AS-IS” BASIS. ANY WARRANTY SERVICE (IF ANY) FOR NON-BIOMNI PRODUCTS AND/OR GOODS AND/OR SERVICES PROVIDED BY A THIRD PARTY WILL BE PROVIDED BY THE RELEVANT THIRD PARTY AND/OR PRODUCT MANUFACTURER IN ACCORDANCE WITH ANY APPLICABLE THIRD PARTY AND/OR MANUFACTURER’S WARRANTY. ANY DEFECT, PROBLEM OR FAULT IN RELATION TO YOUR USE OF THE SOFTWARE THAT IS CAUSED BY OR ARISES OUT OF ANY USE BY YOU OF ANY NON-BIOMNI PRODUCT AND/OR ANY THIRD PARTY GOODS AND/OR SERVICES SHALL BE YOUR SOLE RESPONSIBILITY AND BIOMNI SHALL NOT BE RESPONSIBLE FOR ANY SUCH DEFECT, PROBLEM OR FAULT.
13. EXCLUSION OF CERTAIN CONSEQUENTIAL AND OTHER DAMAGES. TO THE FULL EXTENT PERMITTED BY LAW, NEITHER BIOMNINOR ITS LICENSORS SHALL IN ANY CASE BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND AND HOWSOEVER ARISING.
14. EXCLUSION OF CERTAIN PARTICULAR TYPES OF LOSSES: TO THE FULL EXTENT PERMITTED BY LAW, NEITHER BIOMNI NOR ITS LICENSORS SHALL BE LIABLE FOR ANY LOSS OF PROFITS (WHETHER DIRECT AND/OR INDIRECT), LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF DATA, LOSS OF OPPORTUNITY, LOSS OF ANTICIPATED SAVINGS, LOSS DUE TO OBTAINING ALTERNATIVE OR REPLACEMENT GOODS AND/OR SERVICES IN RELATION TO THE SOFTWARE, COSTS OF COVER, OR EQUIPMENT DOWNTIME ARISING FROM OR RELATING TO THIS EULA OR THE USE OR INABILITY TO USE THE SOFTWARE, REGARDLESS OF THE FORM OF ACTIONAND EVEN IF BIOMNI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THIS DISCLAIMER OF LIABILITY WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREIN FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY, IN WHICH CASE SOME OF THESE MAY NOT APPLY TO YOU.
15. LIMITATION OF LIABILITY. THE TOTAL MAXIMUM AGGREGATE LIABILITY OF BIOMNIAND/OR ITS LICENSORS ARISING FROM OR RELATING TO THIS EULA OR THE USE OR INABILITY TO USE THE SOFTWARE (REGARDLESS OF THE FORM OF ACTION OR CLAIM, WHETHER CONTRACT, WARRANTY, TORT AND/OR OTHERWISE) SHALL NOT EXCEED THE GREATER OF AN AMOUNT EQUAL TO ALL LICENCE FEES PAID BY YOU TO BIOMNI IN CLEARED FUNDS FOR THE SOFTWARE LICENCE(S) GRANTED HEREUNDER IN THE CALENDAR YEAR IN WHICH THE EVENT(S) GIVING RISE THE LIABILITY OCCURRED OR £50,000 (FIFTY THOUSAND POUNDS STERLING).
16. SOLE REMEDY AND ALLOCATION OF RISK. YOUR SOLE AND EXCLUSIVE REMEDY AND BIOMNI’ SOLE AND EXCLUSIVE LIABILITY ARE SET FORTH IN THIS EULA. This EULA defines a mutually agreed-upon allocation of risk. If you are dealing as a consumer as defined in the Unfair Contract Terms Act 1977 then the terms and conditions of this EULA do not affect your statutory rights.
NOTHING IN THIS EULA EXCLUDES BIOMNI'S LIABILITY (OR THE LIABILITY OF ITS AUTHORISED AGENTS, DISTRIBUTORS AND/OR RESELLERS) FOR ANY DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, FOR ANY FRAUDULENT ACTIVITIES AND/OR FOR ANY EVENTS OR ACTS THAT CANNOT BE LIMITED OR EXCLUDED BY LAW.
ANY CLAIMS, PROCEEDINGS OR ACTIONS OF ANY NATURE BROUGHT BY YOU AGAINST BIOMNI (AND/OR BIOMNI'S AGENTS, DISTRIBUTORS AND/OR RESELLERS) MUST BE MADE IN WRITING AND BROUGHT AGAINST BIOMNI (AND/OR BIOMNI'S AGENTS, DISTRIBUTORS AND/OR RESELLERS) WITHIN ONE YEAR OF THE LATER OF (1) THE DATE THAT THE EVENT GIVING RISE TO THE CLAIMS, PROCEEDINGS OR ACTIONS OCCURRED OR (2) THE DATE UPON WHICH THE INCIDENT WAS DISCOVERED.
17. NOTICE. THE SOFTWARE IS NOT INTENDED OR LICENSED FOR USE IN ANY HAZARDOUS OR HIGH RISK ACTIVITY OR ANY BUSINESS CRITICAL CIRCUMSTANCES.
18. NO SUPPORT. Except as expressly required by applicable law and/or except as expressly agreed in writing between Biomni and you (including but not limited to terms and conditions regarding your payment for Biomni's support services), nothing in this EULA entitles you to any support, maintenance, or new versions of the Software. You may contact Biomni to determine the availability of support, maintenance, and new versions of the Software, and the fees, terms, and conditions that would apply.
19. TAXES. In the event that any withholding, sales, or use taxes, goods and services tax, or other taxes or government fees, assessments, or charges are payable because of this EULA, or any licence of the Software, or because of any payment by you, then you shall pay such taxes, fees, assessments, and charges in addition to all other payments.
20. GOVERNING LAW, VENUE, AND ATTORNEYS’ FEES. This EULA shall be governed by and construed in accordance with the law of England without giving effect to conflict or choice of law principles, and any litigation between the parties arising under this EULA shall be conducted exclusively in the Courts of England PROVIDED THAT Biomnimay make any claims and/or take any legal actions and/or proceedings in any territory or jurisdiction in order to establish, deal with, enforce and/or protect any and/or all of its rights, title and interest in and relating to the Software.. The parties agree to exclude application of the “United Nations Convention on Contracts for the International Sale of Goods” to this EULA. If you acquired the Software in a country outside the United Kingdom then that country’s local laws may also apply. In any action or suit to enforce any right or remedy under this EULA or to interpret any provision of this EULA, the prevailing party will be entitled to recover its fees and costs, including reasonable attorneys’ fees.
21. SEVERABILITY. If any provision in this EULA is invalid or unenforceable or contrary to applicable law, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of this EULA shall remain in effect.
22. TERM AND TERMINATION.
(a) This EULA is effective until terminated. You may terminate this EULA by uninstalling, ceasing to use and returning the Software to Biomni along with all Documentation and original media.
(b) The licenses granted herein shall automatically terminate without notice if you fail to comply with any material provision of this EULA. In such event, you must immediately uninstall, cease to use and return the Software, including all Documentation and original media, to Biomni. This shall not limit or affect any remedy available to Biomni for your breach of this EULA.
(c) Subject to clause 23(b) and without prejudice to Biomni's rights in clause 23(b), Biomni may terminate this EULA forthwith and upon written notice to you at anytime or request that you cease to use the Software and that you comply with such request (and/or return the Software to Biomni at Biomni's request) in any cases where Biomni believes that you are in breach of the terms of this EULA, where Biomni believes that your continued use or dealing with the Software may affect Biomni's rights relating to the Software and/or where your continued use or dealings with the Software may create any liabilities or losses for Biomni where you fail to remedy such breaches to Biomni's satisfaction (with Biomni acting reasonably) promptly upon notice from Biomni and in any event within 10 days of notice being given to you of such breaches.
Biomni may also suspend your use of the Software immediately if Biomni believes (acting reasonably) that your continued use of the Software or any other use by you of the Software may affect Biomni's rights relating to the Software and/or where your continued use or dealings with the Software may create any liabilities or losses for Biomni. Your use of the Software may be re-instated by Biomni following any such suspension if and when Biomni believes that your continued use of the Software will not affect Biomni's rights to the Software and/or will not create any liabilities or losses for Biomni relating to the Software.
23. U.S. GOVERNMENT END USERS. The Software is provided with Restricted Rights. Use, duplication, or disclosure by the United States Government is subject to restrictions applicable to commercial computer software as set forth in the Federal Acquisition Regulations (FAR) §52.227-14 (Jun 1987) Alternate III (June 1987), FAR § 52.227-19 (June 1987), or DFARS § 252.227-7013 (b)(3) (Nov 1995) or applicable successor provisions. Use of the Software by the U.S. Government constitutes acknowledgment of Biomni’ proprietary rights therein. Manufacturer is Biomni, Limited with the address above.
24. EXPORT LAWS.You acknowledge that the Software is subject to applicable import and export regulations of the United States and of the countries in which you do business. It is your responsibility to comply with the United States and other countries’ government requirements as they may be amended from time to time. Without limiting the generality of the foregoing, and regardless of any disclosure made by you to Biomni regarding an ultimate destination of the Software, you shall not export, re-export, transfer, divert, or disclose (directly or indirectly) the Softwareor any portion thereof to any country in violation of U.S. export laws or regulations or any other law, regulation, or government order. Note that Software containing encryption may be subject to additional restrictions.
25. CONSTRUCTION.No rule of strict construction shall apply against or in favor of either party in the construction and interpretation of this EULA.
26. ASSIGNMENT. You shall not assign, sublicense, or transfer this EULA, the Software, or all and/or any rights and/or obligations hereunder (or any part thereof) without prior express written consent of Biomni. Any such attempted assignment, sublicense, or transfer will be null and void. Biomni may terminate this EULA in the event of any such attempted assignment, sublicense, or transfer.
27. ENTIRE AGREEMENT. This EULA sets forth the entire understanding and agreement between the parties relating to its subject matter and supersedes all prior agreements, understandings, warranties, representations and/or any other assurances (whether in writing or otherwise). This EULA may be amended only in a writing signed by both parties. Any waiver of or promise not to enforce any right under this EULA shall not be enforceable unless evidenced by a writing signed by the party making said waiver or promise. ANY TERMS AND CONDITIONS OF ANY PURCHASE ORDER OR OTHER DOCUMENT SUBMITTED BY YOU IN CONNECTION WITH THE SOFTWARE THAT ARE IN ADDITION TO, DIFFERENT FROM, OR INCONSISTENT WITH THE TERMS AND CONDITIONS OF THIS EULA ARE NOT BINDING ON BIOMNI AND/OR ITS LICENSORS, DISTRIBUTORS AND/OR RESELLERS AND ARE INEFFECTIVE. NO VENDOR, DISTRIBUTOR, DEALER, RETAILER, SALES PERSON, OR OTHER PERSON IS AUTHORIZED BY BIOMNI TO MODIFY THIS EULA OR TO MAKE ANY WARRANTY, REPRESENTATION, OR PROMISE THAT IS DIFFERENT THAN OR IN ADDITION TO THE WARRANTIES, REPRESENTATIONS, OR PROMISES EXPRESSLY SET FORTH IN THIS EULA.
YOU AGREE THAT YOU ARE NOT RELYING UPON ANY AGREEMENTS, UNDERSTANDINGS, TERM SHEETS, REPRESENTATIONS AND/OR WARRANTIES (WHETHER IN WRITING OR OTHERWISE) AND/OR COURSES OF TRADE OR BUSINESS WHICH HAVE NOT BEEN EXPRESSLY SET OUT IN WRITING IN THIS EULA.
27. PAYMENT: THE PAYMENT TERMS RELATING TO YOUR USE OF THE SOFTWARE SHALL BE AGREED BETWEEN YOU AND BIOMNI TOGETHER WITH THE TERM OF THIS EULA.
27.1 Any sums of money owing to Biomni under this Agreement will be paid by you to Biomni as agreed between you and Biomni.
27.2 If any payment to Biomni is delayed, then Biomni will notify you of this in writing, providing a copy of the relevant invoice and if you fail to pay the invoice within 10 working days of receiving Biomni's notice then the Biomni shall (without any liability upon Biomni) be entitled to:
(a) terminate your licence to use the Software and cease to provide any maintenance and/or support services;
(b) suspend your licence to use the Software and your use of the Software until such monies which are due, owing or payable are paid to Biomni and to Biomni's reasonable satisfaction; and/or
(c) charge default interest. Default interest on the amount of the delayed payment will run for the period of the delay and it will be calculated at a rate of interest equal to four (4) per cent per annum above the published Royal Bank of Scotland base rate from time to time.
27.3 The fees and any additional charges payable under this Agreement for your licensing and use of the Software are exclusive of valued added tax which will be paid by you, as appropriate, at the rate for the time being required by law provided that a valid VAT invoice has been received by you.
27.4 Each of the annual licence fee and maintenance fee shall be increased on each anniversary of this Agreement by no more than 10%.
27.5 You shall not in any circumstances set off, withhold or not pay (whether under contract, general law or otherwise) any fees and/or charges which may be due, owing or payable to Biomni by you in relation to your licensing of and/or use of the Software. If you have any claims against Biomni in relation to this EULA then you agree to make any claims under this EULA and not set-off (whether under contract, general law or otherwise) any monies which are due, owing or payable to Biomni against any monies. losses and/or damages which you believe are due, owing or payable to you in relation to or in connection with your licensing and/or use of the Software.
28. AUDIT – Biomni may audit your use of the Software from time to time to ensure that you are complying with the terms and conditions of this EULA. Such audit may be conducted by Biomni upon no less than 7 days prior written notice to you. Biomni may also add or incorporate software into the Software which may restrict content or features that relate to the Software and/or which may from time to time notify Biomni of your use of the Software, including but not limited to where your use of the Software exceeds the number of current licences that you have to use the Software.
LICENCE TYPES
The Licence Type purchased by you determines the Licence rights granted to you under this EULA. The Licence Type that you have for use of the Software is Seat Licence and the nature and scope of this licence is explained below.
Seat Licence - Under the terms of a Seat Licence you may use the Software for an aggregate number of seats within your organization not to exceed the sum of your licensed seat count. A “Seat” is a named individual that is capable of generating requests or having requests generated on his or her behalf by a different user. You will keep an accurate, up to date and complete written record (in a format and in such detail as Biomni may require) of the numbers of Seats and users accessing and using the Software and promptly provide this record to Biomni at Biomni's request.
]]>
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 OPENING THE
LICENSED SOFTWARE PACKAGE, BREAKING THE LICENSED SOFTWARE SEAL, CLICKING THE “I
AGREE” OR “YES” BUTTON, OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR
LOADING THE LICENSED SOFTWARE 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 FURTHER USE OF THE LICENSED SOFTWARE.
UNLESS OTHERWISE DEFINED HEREIN, CAPITALIZED TERMS WILL HAVE THE MEANING GIVEN
IN THE “DEFINITIONS” SECTION OF THIS LICENSE AGREEMENT AND SUCH CAPITALIZED
TERMS MAY BE USED IN THE SINGULAR OR IN THE PLURAL, AS THE CONTEXT REQUIRES.
1. DEFINITIONS.
“Content
Updates”
means content used by certain Symantec products which is updated from time to
time, including but not limited to: updated anti-spyware definitions for
anti-spyware products; updated antispam rules for antispam products; updated
virus definitions for antivirus and crimeware products; updated URL lists for
content filtering and antiphishing products; updated firewall rules for
firewall products; updated intrusion detection data for intrusion detection
products; updated lists of authenticated web pages for website authentication
products; updated policy compliance rules for policy compliance products; and updated
vulnerability signatures for vulnerability assessment products.
“Documentation” means the user documentation
Symantec provides with the Licensed Software.
“License
Instrument”
means one or more of the following applicable documents which further defines
Your license rights to the Licensed Software: a Symantec license certificate or
a similar license document issued by Symantec, or a written agreement between
You and Symantec, that accompanies, precedes or follows this License Agreement.
“Licensed
Software”
means the Symantec software product, in object code form, accompanying this
License Agreement, including any Documentation included in, or provided for use
with, such software or that accompanies this License Agreement.
“Support
Certificate”
means the certificate sent by Symantec confirming Your purchase of the applicable
Symantec maintenance/support for the Licensed Software.
“Upgrade” means any version of
the Licensed Software that has been released to the public and which replaces
the prior version of the Licensed Software on Symantec’s price list pursuant to
Symantec’s then-current upgrade policies.
“Use Level” means the license use
meter or model (which may include operating
system, hardware system, application or machine tier limitations, if
applicable) by which Symantec measures, prices and licenses the right to
use the Licensed Software, in effect at the time an order is placed for such
Licensed Software, as indicated in this License Agreement and the applicable
License Instrument.
2. LICENSE GRANT. Subject to Your compliance with the terms and
conditions of this License Agreement, Symantec grants to You the following
rights: (i) a non-exclusive, non-transferable (except as stated otherwise in
Section 16.1) license to use the Licensed Software solely in support of Your
internal business operations in the quantities and at the Use Levels described
in this License Agreement and the applicable License Instrument; and (ii) the right
to make a single uninstalled copy
of the Licensed Software for archival purposes which You may use and install
for disaster-recovery purposes (i.e. where the primary installation of the
Licensed Software becomes unavailable for use).
2.1 TERM. The term
of the Licensed Software license granted under this License Agreement shall be perpetual
(subject to Section 14) unless stated otherwise in Section 17 or unless You have obtained the Licensed
Software on a non-perpetual basis, such
as, under a subscription or term-based license for the period of time indicated
on the applicable License Instrument. If You have obtained the Licensed
Software on a non-perpetual basis, Your rights to use such Licensed Software shall
end on the applicable end date as indicated on the applicable License
Instrument and You shall cease use of the Licensed Software as of such
applicable end date.
3. 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; (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; (v) use of the Licensed Software by any party other than You; (vi) use of
a later version of the Licensed Software other than the version that
accompanies this License Agreement unless You have separately acquired the
right to use such later version through a License Instrument or Support
Certificate; nor (vii) use of the Licensed Software above the quantity and Use
Level that have been licensed to You under this License Agreement or the applicable
License Instrument.
4. OWNERSHIP/TITLE. The Licensed Software
is the proprietary property of Symantec or its licensors and is protected by
copyright law. 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.
5. CONTENT UPDATES. If You purchase a
Symantec maintenance/support offering consisting of or including Content
Updates, as indicated on Your Support Certificate, You are granted the right to
use, as part of the Licensed Software, such Content Updates as and when they
are made generally available to Symantec’s end user customers who have
purchased such maintenance/support offering and for such period of time as
indicated on the face of the applicable Support Certificate. This License Agreement
does not otherwise permit You to obtain and use Content Updates.
6. UPGRADES/CROSS-GRADES. Symantec reserves the right to require
that any upgrades (if any) of the Licensed Software may only be obtained in a
quantity equal to the number indicated on the applicable License Instrument. An
upgrade to an existing license shall not be deemed to increase the number of
licenses which You are authorized to use. Additionally, if You upgrade a Licensed
Software license, or purchase a Licensed Software license listed on the
applicable License Instrument to cross-grade an existing license (i.e. to
increase its functionality, and/or transfer it to a new operating system,
hardware tier or licensing meter), then Symantec issues the applicable Licensed
Instrument based on the understanding that You agree to cease using the original
license. Any such license upgrade or cross-grade is provided under Symantec's
policies in effect at the time of order. This License Agreement does not
separately license You for additional licenses beyond those which You have
purchased, and which have been authorized by Symantec as indicated on the
applicable License Instrument.
7. LIMITED WARRANTY.
7.1. MEDIA WARRANTY. If Symantec provides the
Licensed Software to You on tangible media, Symantec warrants that the magnetic
media upon which the Licensed Software is recorded will not be defective under
normal use, for a period of ninety (90) days from delivery. Symantec will
replace any defective media returned to Symantec within the warranty period at
no charge to You. The above warranty is inapplicable in the event the Licensed
Software media becomes defective due to unauthorized use of the Licensed
Software. THE FOREGOING IS YOUR SOLE AND
EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
7.2. PERFORMANCE WARRANTY. Symantec warrants
that the Licensed Software, as delivered by Symantec and when used in
accordance with the Documentation, will substantially conform to the
Documentation for a period of ninety (90) days from delivery. If the Licensed
Software does not comply with this warranty and such non-compliance is reported
by You to Symantec within the ninety (90) day warranty period, Symantec will do
one of the following, selected at Symantec’s reasonable discretion: either (i)
repair the Licensed Software, (ii) replace the Licensed Software with software
of substantially the same functionality, or (iii) terminate this License
Agreement and refund the relevant license fees paid for such non-compliant
Licensed Software. The above warranty specifically excludes defects resulting
from accident, abuse, unauthorized repair, modifications or enhancements, or
misapplication. THE FOREGOING IS YOUR
SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
8. WARRANTY DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE warranties
set forth in sections 7.1 and 7.2 are YOUR exclusive warranties AND ARE IN LIEU OF ALL
OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. SYMANTEC MAKES NO WARRANTIES OR REPRESENTATIONS THAT
THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES WILL MEET YOUR REQUIREMENTS
OR THAT OPERATION OR USE OF THE LICENSED SOFTWARE, CONTENT UPDATES, AND
UPGRADES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU MAY HAVE OTHER WARRANTY RIGHTS,
WHICH MAY VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
9. 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 OR
ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY
COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF
PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION,
LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR
ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL,
CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR
INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS,
SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL
SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING
RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR
LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE
OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE
DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR
NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.
10. MAINTENANCE/SUPPORT. Symantec has no
obligation under this License Agreement to provide maintenance/support for the
Licensed Software. Any maintenance/support purchased for the Licensed Software
is subject to Symantec’s then-current maintenance/support policies.
11. SOFTWARE EVALUATION. If the Licensed
Software is provided to You for evaluation purposes and You have an evaluation
agreement with Symantec for the Licensed Software, Your rights to evaluate the
Licensed Software will be pursuant to the terms of such evaluation agreement.
If You do not have an evaluation agreement with Symantec for the Licensed
Software and if You are provided the Licensed Software for evaluation purposes, the following terms and conditions shall
apply. Symantec
grants to You a nonexclusive, temporary, royalty-free, non-assignable license
to use the Licensed Software solely for internal non-production evaluation. Such
evaluation license shall terminate (i) on the end date of the pre-determined
evaluation period, if an evaluation period is pre-determined in the Licensed
Software or (ii) sixty (60) days from the date of Your initial installation of
the Licensed Software, if no such evaluation period is pre-determined in the
Licensed Software (“Evaluation Period”). The Licensed Software may not be transferred and is provided “AS
IS” without warranty of any kind. You are solely responsible to take
appropriate measures to back up Your system and take other measures to prevent
any loss of files or data. The Licensed Software may contain an automatic
disabling mechanism that prevents its use after a certain period of time. Upon
expiration of the Licensed Software Evaluation Period, You will cease use of
the Licensed Software and destroy all copies of the Licensed Software. All
other terms and conditions of this License Agreement shall otherwise apply to
Your evaluation of the Licensed Software as permitted herein.
12.
13. 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
14. TERMINATION. This License Agreement shall terminate upon Your breach of any term
contained herein. Upon termination, You shall immediately stop using and
destroy all copies of the Licensed Software.
15. SURVIVAL. The following provisions of
this License Agreement survive termination of this License Agreement: Definitions,
License Restrictions and any other restrictions on use of intellectual property,
Ownership/Title, Warranty Disclaimers, Limitation of Liability, U.S. Government
Restricted Rights, Export Regulation, Survival, and General.
16. GENERAL.
16.1. ASSIGNMENT. 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.
16.2. COMPLIANCE WITH APPLICABLE LAW. You
are solely responsible for Your compliance with, and You agree to comply with,
all applicable laws, rules, and regulations in connection with Your use of the
Licensed Software.
16.3. AUDIT. An auditor, selected by Symantec
and reasonably acceptable to You, may, upon reasonable notice and during normal
business hours, but not more often than once each year, inspect Your records
and deployment in order to confirm that Your use of the Licensed Software
complies with this License Agreement and the applicable License Instrument.
Symantec shall bear the costs of any such audit, except where the audit
demonstrates that the Manufacturer’s Suggested Reseller Price (MSRP) value of
Your non-compliant usage exceeds five percent (5%) of the MSRP value of Your
compliant deployments. In such case, in addition to purchasing appropriate
licenses for any over-deployed Licensed Software, You shall reimburse Symantec
for the auditor’s reasonable actual fees for such audit.
16.4. GOVERNING
LAW; SEVERABILITY; WAIVER. If You are located
in North America or Latin America, this License Agreement will be governed by
the laws of the State of
16.5. 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.
16.6. CUSTOMER SERVICE. Should You have any
questions concerning this License Agreement, or if You desire to contact
Symantec for any reason, please write to: (i) Symantec Enterprise Customer Care,
555 International Way,
16.7. ENTIRE AGREEMENT. This License Agreement and any related License
Instrument are the complete and exclusive agreement between You and Symantec
relating to the Licensed Software and supersede any previous or contemporaneous
oral or written communications, proposals, and representations with respect to
its subject matter. This License Agreement prevails over any conflicting
or additional terms of any purchase order, ordering document, acknowledgement
or confirmation or other document issued by You, even if signed and returned. This License Agreement may only be modified by a
License Instrument that accompanies or follows this License Agreement.
17. ADDITIONAL
TERMS AND CONDITIONS. Your
use of the Licensed Software is subject to the terms and conditions below in
addition to those stated above.
17.1 Definitions.
A. “License Certificate” includes a
written communication issued by Symantec confirming Your license of the
Licensed Software and that accompanies, precedes or follows this License
Agreement.
B. “Maintenance Certificate” includes a
written communication issued by Symantec confirming Your maintenance/support
for the Licensed Software and that accompanies, precedes or follows this
License Agreement.
17.2 Node
License. Under the terms of a Node
License, you may use the Licensed Software to manage an aggregate number of
Nodes within your organization not to exceed the sum of your licensed nodal
count. A “Node” is any asset under
management by the Licensed Software. An
asset is: (a) a physical device such as a computer, PDA, or server, (b) a
virtual device, such as an operating environment that may be running
concurrently with another operating environment on a single physical device
(e.g., VMware*, Virtual PC*, Virtual Server*), or (c) an object stored by the Licensed
Software in a database, such object representing a physical or virtual asset
for which data is being tracked or managed by the Licensed Software (e.g.,
printer, copier, etc.). A Node License will be deemed consumed for a particular
Licensed Software product once an asset (as defined above) has been managed by
a particular Software product. An asset has been managed by a particular Licensed
Software product once the Licensed Software product has (i) been run locally on
an asset, (ii) remotely interacted with and/or received a response from an
asset, (iii) configured or changed a setting of or migrated settings to or from
an asset, or (iv) otherwise performed any management functionality that such
particular Licensed Software product has been designed to perform with respect
to an asset. You must purchase a sufficient number of Node Licenses to cover
all Node Licenses consumed by a particular Licensed Software product.
The NS Web Service is an extension to the Administrator SDK to allow integration of workflow components with the Symantec Management Platform. The NS Web Service includes new methods for Resources, Items and Tasks in connection with the WorkFlow solution.
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 OPENING THE LICENSED SOFTWARE PACKAGE, BREAKING THE LICENSED SOFTWARE SEAL, CLICKING THE “I AGREE” OR “YES” BUTTON, OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR LOADING THE LICENSED SOFTWARE 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 FURTHER USE OF THE LICENSED SOFTWARE. UNLESS OTHERWISE DEFINED HEREIN, CAPITALIZED TERMS WILL HAVE THE MEANING GIVEN IN THE “DEFINITIONS” SECTION OF THIS LICENSE AGREEMENT AND SUCH CAPITALIZED TERMS MAY BE USED IN THE SINGULAR OR IN THE PLURAL, AS THE CONTEXT REQUIRES.
1. DEFINITIONS.
“Content Updates” means content used by certain Symantec products which is updated from time to time, including but not limited to: updated anti-spyware definitions for anti-spyware products; updated antispam rules for antispam products; updated virus definitions for antivirus and crimeware products; updated URL lists for content filtering and antiphishing products; updated firewall rules for firewall products; updated intrusion detection data for intrusion detection products; updated lists of authenticated web pages for website authentication products; updated policy compliance rules for policy compliance products; and updated vulnerability signatures for vulnerability assessment products.
“Documentation” means the user documentation Symantec provides with the Licensed Software.
“License Instrument” means one or more of the following applicable documents which further defines Your license rights to the Licensed Software: a Symantec license certificate or a similar license document issued by Symantec, or a written agreement between You and Symantec, that accompanies, precedes or follows this License Agreement.
“Licensed Software” means the Symantec software product, in object code form, accompanying this License Agreement, including any Documentation included in, or provided for use with, such software or that accompanies this License Agreement.
“Support Certificate” means the certificate sent by Symantec confirming Your purchase of the applicable Symantec maintenance/support for the Licensed Software.
“Upgrade” means any version of the Licensed Software that has been released to the public and which replaces the prior version of the Licensed Software on Symantec’s price list pursuant to Symantec’s then-current upgrade policies.
“Use Level” means the license use meter or model (which may include operating system, hardware system, application or machine tier limitations, if applicable) by which Symantec measures, prices and licenses the right to use the Licensed Software, in effect at the time an order is placed for such Licensed Software, as indicated in this License Agreement and the applicable License Instrument.
2. LICENSE GRANT. Subject to Your compliance with the terms and conditions of this License Agreement, Symantec grants to You the following rights: (i) a non-exclusive, non-transferable (except as stated otherwise in Section 16.1) license to use the Licensed Software solely in support of Your internal business operations in the quantities and at the Use Levels described in this License Agreement and the applicable License Instrument; and (ii) the right to make a single uninstalled copy of the Licensed Software for archival purposes which You may use and install for disaster-recovery purposes (i.e. where the primary installation of the Licensed Software becomes unavailable for use).
2.1 TERM. The term of the Licensed Software license granted under this License Agreement shall be perpetual (subject to Section 14) unless stated otherwise in Section 17 or u nless You have obtained the Licensed Software on a non-perpetual basis, such as, under a subscription or term-based license for the period of time indicated on the applicable License Instrument. If You have obtained the Licensed Software on a non-perpetual basis, Your rights to use such Licensed Software shall end on the applicable end date as indicated on the applicable License Instrument and You shall cease use of the Licensed Software as of such applicable end date.
3. 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; (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; (v) use of the Licensed Software by any party other than You; (vi) use of a later version of the Licensed Software other than the version that accompanies this License Agreement unless You have separately acquired the right to use such later version through a License Instrument or Support Certificate; nor (vii) use of the Licensed Software above the quantity and Use Level that have been licensed to You under this License Agreement or the applicable License Instrument.
4. OWNERSHIP/TITLE. The Licensed Software is the proprietary property of Symantec or its licensors and is protected by copyright law. 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.
5. CONTENT UPDATES. If You purchase a Symantec maintenance/support offering consisting of or including Content Updates, as indicated on Your Support Certificate, You are granted the right to use, as part of the Licensed Software, such Content Updates as and when they are made generally available to Symantec’s end user customers who have purchased such maintenance/support offering and for such period of time as indicated on the face of the applicable Support Certificate. This License Agreement does not otherwise permit You to obtain and use Content Updates.
6. UPGRADES/CROSS-GRADES. Symantec reserves the right to require that any upgrades (if any) of the Licensed Software may only be obtained in a quantity equal to the number indicated on the applicable License Instrument. An upgrade to an existing license shall not be deemed to increase the number of licenses which You are authorized to use. Additionally, if You upgrade a Licensed Software license, or purchase a Licensed Software license listed on the applicable License Instrument to cross-grade an existing license (i.e. to increase its functionality, and/or transfer it to a new operating system, hardware tier or licensing meter), then Symantec issues the applicable Licensed Instrument based on the understanding that You agree to cease using the original license. Any such license upgrade or cross-grade is provided under Symantec's policies in effect at the time of order. This License Agreement does not separately license You for additional licenses beyond those which You have purchased, and which have been authorized by Symantec as indicated on the applicable License Instrument.
7. LIMITED WARRANTY.
7.1. MEDIA WARRANTY. If Symantec provides the Licensed Software to You on tangible media, Symantec warrants that the magnetic media upon which the Licensed Software is recorded will not be defective under normal use, for a period of ninety (90) days from delivery. Symantec will replace any defective media returned to Symantec within the warranty period at no charge to You. The above warranty is inapplicable in the event the Licensed Software media becomes defective due to unauthorized use of the Licensed Software. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
7.2. PERFORMANCE WARRANTY. Symantec warrants that the Licensed Software, as delivered by Symantec and when used in accordance with the Documentation, will substantially conform to the Documentation for a period of ninety (90) days from delivery. If the Licensed Software does not comply with this warranty and such non-compliance is reported by You to Symantec within the ninety (90) day warranty period, Symantec will do one of the following, selected at Symantec’s reasonable discretion: either (i) repair the Licensed Software, (ii) replace the Licensed Software with software of substantially the same functionality, or (iii) terminate this License Agreement and refund the relevant license fees paid for such non-compliant Licensed Software. The above warranty specifically excludes defects resulting from accident, abuse, unauthorized repair, modifications or enhancements, or misapplication. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
8. WARRANTY DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE warranties set forth in sections 7.1 and 7.2 are YOUR exclusive warranties AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS . SYMANTEC MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OR USE OF THE LICENSED SOFTWARE, CONTENT UPDATES, AND UPGRADES WILL BE UNINTERRUPTED OR ERROR-FREE . YOU MAY HAVE OTHER WARRANTY RIGHTS, WHICH MAY VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
9. 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 OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.
10. MAINTENANCE/SUPPORT. Symantec has no obligation under this License Agreement to provide maintenance/support for the Licensed Software. Any maintenance/support purchased for the Licensed Software is subject to Symantec’s then-current maintenance/support policies.
11. SOFTWARE EVALUATION. If the Licensed Software is provided to You for evaluation purposes and You have an evaluation agreement with Symantec for the Licensed Software, Your rights to evaluate the Licensed Software will be pursuant to the terms of such evaluation agreement. If You do not have an evaluation agreement with Symantec for the Licensed Software and if You are provided the Licensed Software for evaluation purposes, the following terms and conditions shall apply. Symantec grants to You a nonexclusive, temporary, royalty-free, non-assignable license to use the Licensed Software solely for internal non-production evaluation. Such evaluation license shall terminate (i) on the end date of the pre-determined evaluation period, if an evaluation period is pre-determined in the Licensed Software or (ii) sixty (60) days from the date of Your initial installation of the Licensed Software, if no such evaluation period is pre-determined in the Licensed Software (“Evaluation Period”) . The Licensed Software may not be transferred and is provided “AS IS” without warranty of any kind. You are solely responsible to take appropriate measures to back up Your system and take other measures to prevent any loss of files or data. The Licensed Software may contain an automatic disabling mechanism that prevents its use after a certain period of time. Upon expiration of the Licensed Software Evaluation Period, You will cease use of the Licensed Software and destroy all copies of the Licensed Software. All other terms and conditions of this License Agreement shall otherwise apply to Your evaluation of the Licensed Software as permitted herein.
12. GOVERNMENT RESTRICTED RIGHTS. The Licensed 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 Licensed Software - Restricted Rights" and DFARS 227.7202, “Rights in Commercial Computer Licensed Software or Commercial Computer Licensed Software Documentation”, as applicable, and any successor regulations. Any use, modification, reproduction release, performance, display or disclosure of the Licensed Software by the U.S. Government shall be solely in accordance with the terms of this License Agreement.
13. 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 , 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. All Symantec products, including the Controlled Technology are prohibited for export or re-export to , , , and and to any country subject to relevant trade sanctions. You hereby agree that You will not export or sell any Controlled Technology for use in connection with chemical, biological, or nuclear weapons, or missiles, drones or space launch vehicles capable of delivering such weapons.
14. TERMINATION. This License Agreement shall terminate upon Your breach of any term contained herein. Upon termination, You shall immediately stop using and destroy all copies of the Licensed Software.
15. SURVIVAL. The following provisions of this License Agreement survive termination of this License Agreement: Definitions, License Restrictions and any other restrictions on use of intellectual property, Ownership/Title, Warranty Disclaimers, Limitation of Liability, U.S. Government Restricted Rights, Export Regulation, Survival, and General.
16. GENERAL.
16.1. ASSIGNMENT. 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.
16.2. COMPLIANCE WITH APPLICABLE LAW. You are solely responsible for Your compliance with, and You agree to comply with, all applicable laws, rules, and regulations in connection with Your use of the Licensed Software.
16.3. AUDIT. An auditor, selected by Symantec and reasonably acceptable to You, may, upon reasonable notice and during normal business hours, but not more often than once each year, inspect Your records and deployment in order to confirm that Your use of the Licensed Software complies with this License Agreement and the applicable License Instrument. Symantec shall bear the costs of any such audit, except where the audit demonstrates that the Manufacturer’s Suggested Reseller Price (MSRP) value of Your non-compliant usage exceeds five percent (5%) of the MSRP value of Your compliant deployments. In such case, in addition to purchasing appropriate licenses for any over-deployed Licensed Software, You shall reimburse Symantec for the auditor’s reasonable actual fees for such audit.
16.4. GOVERNING LAW; SEVERABILITY; WAIVER. If You are located in North America or Latin America, this License Agreement will be governed by the laws of the State of , . If you are located in , this License Agreement will be governed by the laws of the of . Otherwise, this License Agreement will be governed by the laws of . 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.
16.5. 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.
16.6. CUSTOMER SERVICE. Should You have any questions concerning this License Agreement, or if You desire to contact Symantec for any reason, please write to: (i) Symantec Enterprise Customer Care, 555 International Way, , , , (ii) Symantec Enterprise Customer Care Center, PO BOX 5689, 15, , or (iii) Symantec Enterprise Customer Care, Ryde, NSW 2113, .
16.7. ENTIRE AGREEMENT. This License Agreement and any related License Instrument are the complete and exclusive agreement between You and Symantec relating to the Licensed Software and supersede any previous or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter. T his License Agreement prevails over any conflicting or additional terms of any purchase order, ordering document, acknowledgement or confirmation or other document issued by You, even if signed and returned. This License Agreement may only be modified by a License Instrument that accompanies or follows this License Agreement.
17. ADDITIONAL TERMS AND CONDITIONS. Your use of the Licensed Software is subject to the terms and conditions below in addition to those stated above .
If the Licensed Software provided is the Altiris Installation Manager v 7.0, the following terms shall be applicable notwithstanding anything to the contrary in this Agreement:
17.1 WARRANTY DISCLAIMERS. THE LICENSED SOFTWARE IS PROVIDED “AS IS”. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE warranties set in sections 7.1 and 7.2 SHALL NOT APPLY AND ARE SPECIFICALLY DISCLAIMED. symantec expressly disclaims all WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS . SYMANTEC MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OR USE OF THE LICENSED SOFTWARE, CONTENT UPDATES, AND UPGRADES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU MAY HAVE OTHER WARRANTY RIGHTS, WHICH MAY VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
17.2 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 OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S AGGREGATE LIABILITY EXCEED THE AMOUNT OF FIVE HUNDRED DOLLARS USD ($500.00 USD) UNDER ANY THEORY OF LAW OR EQUITY. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, OR UPGRADES, IF ANY.
17.3 PRIVACY NOTICE. Personally identifiable information such as name, address and phone number which is collected for the purpose of obtaining trade compliance approval prior to the allowance of requested downloads. This information is collected, used and stored by Symantec only for this purpose. Symantec may disclose any information it has collected if asked to do so by a law enforcement official as required or permitted by law or in response to a subpoena or other legal process. Symantec may also use statistics derived from the information to track and publish reports on security risk trends. By using the software you expressly consent to the collection, transfer and use of the personally identifiable information, and you understand that this information will be transferred to Symantec Corp. in the . The laws on holding personal data in the may be less stringent than the laws applicable to the country you are situated in, but we will transfer and store your information in a safe, confidential and secure environment.
GLB ENT EULA TEMPLATE v1.0_Altiris Installation Manager v7.0 031208
]]>About the NS Web Service
The NS Web Service is an extension to the Administrator SDK to allow integration of workflow components with the Symantec Management Platform. The NS Web Service includes new methods for Resources, Items and Tasks in connection with the WorkFlow solution.
The NS Web Service was named the Service Layer and must be removed before continuing to install the new software.
“Licensed Software” means the Symantec administrator software development kit (“ASDK”), accompanying this License Agreement, including any Documentation included in, or provided for use with such ASDK. The ASDK is a collection of compiled software components (including without limitation, assemblies, libraries, object files, executables, interfaces, utilities, tools and wizards); software source code files in any language and for any platform or format; configuration files; image and icon files; metadata files used by integrated development environment (“IDE”) software such as the Microsoft Visual Studio family of products (“VS”) or any other IDE for any operating system (“OS”); files used to integrate development of Altiris solutions and other products into VS or any other IDE; setup files and related files; template files; script files; resource files; other binary and text files used for purposes of developing or enhancing Symantec solutions or other software products; and any other type of computer file or data provided by or through Symantec under this Agreement. The ASDK applies to any OS, platform, and hardware type or configuration which is supported by the ASDK. Without limiting the foregoing, any files of any type installed by the standard Symantec ASDK installation programs in or below a root directory, including any subdirectories and their contents below that root directory, are included in the ASDK. The ASDK also includes any data stored in media as a result of the installation or use of the ASDK, including but not limited to Windows registry entries, configuration files and database entries. The ASDK also includes any manuals, specifications or other documentation that may be printed on paper, whether or not provided by Symantec in paper form or through magnetic or electronic media.
2. LICENSE GRANT. Subject to Your compliance with the terms and conditions of this License Agreement, Symantec grants to You the following rights: (i) a non-exclusive, non-transferable (except as stated otherwise in Section 12.1) license to distribute, reproduce, perform and display an unlimited number of copies of the Licensed Software solely in support of Your internal business operations to create integrate Your products with the Altiris or Symantec software platform(s), subject to the right to make a single uninstalled copy of the Licensed Software for archival purposes which You may use and install for disaster-recovery purposes (i.e. where the primary installation of the Licensed Software becomes unavailable for use). In the event that you have signed a separate standalone agreement for the Licensed Software, such standalone agreement shall expressly supersede the terms and conditions of this License Agreement. The foregoing is subject to the following: You agree that you shall: (i) not use the Altiris or Symantec’s name, logo, or trademarks in connection with Your products; (ii) you shall display Your own valid copyright notice on Your products; (iii) you shall not remove or obscure any copyright, trademark, or patent notices that appear on the Licensed Software as delivered to You; (iv) you shall indemnify, hold harmless, and defend Symantec from and against any claims or lawsuits, including attorney’s fees, that arise or result from the use or distribution of your products; APIs or other works developed using the Licensed Software; and (v) acknowledge and agree that Symantec reserves all rights not expressly granted herein.
2.1 TERM. The term of the Licensed Software license granted under this License Agreement shall be perpetual (subject to Section 10).
3. 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; (v) use of the Licensed Software by any party other than You, except as expressly provided in this License Agreement; nor (vi) use of a later version of the Licensed Software other than the version that accompanies this License Agreement unless You have separately acquired the right to use such later version through a separate standalone agreement.
4. OWNERSHIP/TITLE. 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.
5. NO WARRANTY.
5.1 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. FURTHERMORE, SYMANTEC SHALL NOT BE LIABLE UNDER ANY THEORY FOR ANY DAMAGES SUFFERED BY YOU OR ANY USER OF THE LICENSED SOFTWARE OR ANY INTEGRATION, APIS OR THE LIKE PROVIDED BY YOU WHICH WERE DEVELOIPED USING THE LICENSED SOFTWARE.
5.2 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 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, EVEN IF SYMANTEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5.3 Development Disclaimer; Indemnification. SYMANTEC SHALL NOT BE RESPONSIBLE FOR YOUR INTEGRATION, API DEVELOPMENT OR ANY OTHER AUTHORIZED USE OR PROGRAMMING OR DEVELOPMENT ACTIVITIES USING THE LICENSED SOFTWARE. UNLESS YOU USE THE APPROPRIATE DEGREE OF SKILL AND CARE IN YOUR USE, DEVELOPMENT AND PROGRAMMING ACTIVITIES, YOU MAY EXPERIENCE OR CAUSE ERRORS OR PROBLEMS IN THE USE OR OPERATION OF THE SYMANTEC PLATFORM OR OTHER SOFTWARE PROGRAMS. YOU MAY USE THE LICENSED SOFTWARE AT YOUR SOLE RISK AND SYMANTEC SHALL HAVE NO LIABILITY FOR ANY FAILURE OF THE LICENSED SOFTWARE AND/OR ISSUES ASSOCIATED WITH THE SYMANTEC PLATFORM AND/OR ANY SYMANTEC SOFTWARE BASED ON YOUR FAILURE TO PROPERLY DEVELOP, PROGRAM, INSTALL, CONFIGURE AND MONITOR YOUR INTEGRATION, APIS OR THE LIKE. YOU SHALL INDEMNIFY, DEFEND AND HOLD SYMANTEC HARMLESS FROM AND AGAINST ANY AND ALL LIABIILITIES, DAMAGES, COSTS AND EXPENSES INCURRED BY SYAMNTEC AS A RESULT OF YOUR BREACH OF THIS AGREEMENT.
6. 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 OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, OR ANY UPDATES OR UPGRADES THERETO.
7. NO MAINTENANCE/SUPPORT. Symantec does not and has no obligation under this License Agreement to provide maintenance/support for the Licensed Software.
8. U.S. GOVERNMENT RESTRICTED RIGHTS. The Licensed 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 Licensed Software - Restricted Rights" and DFARS 227.7202, “Rights in Commercial Computer Licensed Software or Commercial Computer Licensed Software Documentation”, as applicable, and any successor regulations. Any use, modification, reproduction release, performance, display or disclosure of the Licensed 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 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. All Symantec products, including the Controlled Technology are prohibited for export or re-export to Cuba, North Korea, Iran, Iraq, Syria and Sudan and to any country subject to relevant trade sanctions. You hereby agree that you will not export or sell any Controlled Technology for use in connection with chemical, biological, or nuclear weapons, or missiles, drones or space launch vehicles capable of delivering such weapons.
10. TERMINATION. This License Agreement shall automatically terminate upon your breach of any term contained herein. Upon termination, You shall immediately stop using and destroy all copies of the Licensed Software.
11. SURVIVAL. The following provisions of this License Agreement survive termination of this License Agreement: Definitions, License Restrictions and any other restrictions on use of intellectual property, Ownership/Title, No Warranty, Limitation of Liability, U.S. Government Restricted Rights, Export Regulation, Survival, and General.
12. GENERAL.
12.1. ASSIGNMENT. 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.
12.2. COMPLIANCE WITH APPLICABLE LAW. You are solely responsible for Your compliance with, and You agree to comply with, all applicable laws, rules, and regulations in connection with Your use of the Licensed Software.
12.3. AUDIT. An auditor, selected by Symantec and reasonably acceptable to You, may, upon reasonable notice and during normal business hours, but not more often than once each year, inspect Your records and deployment in order to confirm that Your use of the Licensed Software complies with this License Agreement. Symantec shall bear the costs of any such audit, except where the audit demonstrates non-compliant usage of the Licensed Software. In such case, you shall reimburse Symantec for the auditor’s reasonable actual fees for such audit.
12.4. GOVERNING LAW; SEVERABILITY; WAIVER. 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.
12.5. 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.
12.6. ENTIRE AGREEMENT. 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. This License Agreement prevails over any conflicting or additional terms of any purchase order, ordering document, acknowledgement or confirmation or other document issued by You, even if signed and returned. This License Agreement may only be modified by a License Instrument that accompanies or follows this License Agreement.
GLB ENT TEMPLATE v1.0_Administrator Software Development Kit v2.0_020209
]]>About Symantec Administrator SDK
If the Symantec Administrator SDK is installed, it must be removed before continuing. The SMP with the Symantec Management Agent are also required. Please select the option shown that will remove any prior installation. After this is done, the installation will proceed normally.
Please refer to the the Administrator SDK Release Notes for additional information.
The installation details are explained in the Administrator SDK Release Notes.
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 OPENING THE LICENSED SOFTWARE PACKAGE, BREAKING THE LICENSED SOFTWARE SEAL, CLICKING THE “I AGREE” OR “YES” BUTTON, OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR LOADING THE LICENSED SOFTWARE 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 FURTHER USE OF THE LICENSED SOFTWARE. UNLESS OTHERWISE DEFINED HEREIN, CAPITALIZED TERMS WILL HAVE THE MEANING GIVEN IN THE “DEFINITIONS” SECTION OF THIS LICENSE AGREEMENT AND SUCH CAPITALIZED TERMS MAY BE USED IN THE SINGULAR OR IN THE PLURAL, AS THE CONTEXT REQUIRES.
1. DEFINITIONS.
“Content Updates” means content used by certain Symantec products which is updated from time to time, including but not limited to: updated anti-spyware definitions for anti-spyware products; updated antispam rules for antispam products; updated virus definitions for antivirus and crimeware products; updated URL lists for content filtering and antiphishing products; updated firewall rules for firewall products; updated intrusion detection data for intrusion detection products; updated lists of authenticated web pages for website authentication products; updated policy compliance rules for policy compliance products; and updated vulnerability signatures for vulnerability assessment products.
“Documentation” means the user documentation Symantec provides with the Licensed Software.
“License Instrument” means one or more of the following applicable documents which further defines Your license rights to the Licensed Software: a Symantec license certificate or a similar license document issued by Symantec, or a written agreement between You and Symantec, that accompanies, precedes or follows this License Agreement.
“Licensed Software” means the Symantec software product, in object code form, accompanying this License Agreement, including any Documentation included in, or provided for use with, such software or that accompanies this License Agreement.
“Support Certificate” means the certificate sent by Symantec confirming Your purchase of the applicable Symantec maintenance/support for the Licensed Software.
“Upgrade” means any version of the Licensed Software that has been released to the public and which replaces the prior version of the Licensed Software on Symantec’s price list pursuant to Symantec’s then-current upgrade policies.
“Use Level” means the license use meter or model (which may include operating system, hardware system, application or machine tier limitations, if applicable) by which Symantec measures, prices and licenses the right to use the Licensed Software, in effect at the time an order is placed for such Licensed Software, as indicated in this License Agreement and the applicable License Instrument.
2. LICENSE GRANT. Subject to Your compliance with the terms and conditions of this License Agreement, Symantec grants to You the following rights: (i) a non-exclusive, non-transferable (except as stated otherwise in Section 16.1) license to use the Licensed Software solely in support of Your internal business operations in the quantities and at the Use Levels described in this License Agreement and the applicable License Instrument; and (ii) the right to make a single uninstalled copy of the Licensed Software for archival purposes which You may use and install for disaster-recovery purposes (i.e. where the primary installation of the Licensed Software becomes unavailable for use).
2.1 TERM. The term of the Licensed Software license granted under this License Agreement shall be perpetual (subject to Section 14) unless stated otherwise in Section 17 or unless You have obtained the Licensed Software on a non-perpetual basis, such as, under a subscription or term-based license for the period of time indicated on the applicable License Instrument. If You have obtained the Licensed Software on a non-perpetual basis, Your rights to use such Licensed Software shall end on the applicable end date as indicated on the applicable License Instrument and You shall cease use of the Licensed Software as of such applicable end date.
3. 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; (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; (v) use of the Licensed Software by any party other than You; (vi) use of a later version of the Licensed Software other than the version that accompanies this License Agreement unless You have separately acquired the right to use such later version through a License Instrument or Support Certificate; nor (vii) use of the Licensed Software above the quantity and Use Level that have been licensed to You under this License Agreement or the applicable License Instrument.
4. OWNERSHIP/TITLE. The Licensed Software is the proprietary property of Symantec or its licensors and is protected by copyright law. 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.
5. CONTENT UPDATES. If You purchase a Symantec maintenance/support offering consisting of or including Content Updates, as indicated on Your Support Certificate, You are granted the right to use, as part of the Licensed Software, such Content Updates as and when they are made generally available to Symantec’s end user customers who have purchased such maintenance/support offering and for such period of time as indicated on the face of the applicable Support Certificate. This License Agreement does not otherwise permit You to obtain and use Content Updates.
6. UPGRADES/CROSS-GRADES. Symantec reserves the right to require that any upgrades (if any) of the Licensed Software may only be obtained in a quantity equal to the number indicated on the applicable License Instrument. An upgrade to an existing license shall not be deemed to increase the number of licenses which You are authorized to use. Additionally, if You upgrade a Licensed Software license, or purchase a Licensed Software license listed on the applicable License Instrument to cross-grade an existing license (i.e. to increase its functionality, and/or transfer it to a new operating system, hardware tier or licensing meter), then Symantec issues the applicable Licensed Instrument based on the understanding that You agree to cease using the original license. Any such license upgrade or cross-grade is provided under Symantec's policies in effect at the time of order. This License Agreement does not separately license You for additional licenses beyond those which You have purchased, and which have been authorized by Symantec as indicated on the applicable License Instrument.
7. LIMITED WARRANTY.
7.1. MEDIA WARRANTY. If Symantec provides the Licensed Software to You on tangible media, Symantec warrants that the magnetic media upon which the Licensed Software is recorded will not be defective under normal use, for a period of ninety (90) days from delivery. Symantec will replace any defective media returned to Symantec within the warranty period at no charge to You. The above warranty is inapplicable in the event the Licensed Software media becomes defective due to unauthorized use of the Licensed Software. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
7.2. PERFORMANCE WARRANTY. Symantec warrants that the Licensed Software, as delivered by Symantec and when used in accordance with the Documentation, will substantially conform to the Documentation for a period of ninety (90) days from delivery. If the Licensed Software does not comply with this warranty and such non-compliance is reported by You to Symantec within the ninety (90) day warranty period, Symantec will do one of the following, selected at Symantec’s reasonable discretion: either (i) repair the Licensed Software, (ii) replace the Licensed Software with software of substantially the same functionality, or (iii) terminate this License Agreement and refund the relevant license fees paid for such non-compliant Licensed Software. The above warranty specifically excludes defects resulting from accident, abuse, unauthorized repair, modifications or enhancements, or misapplication. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
8. WARRANTY DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE warranties set forth in sections 7.1 and 7.2 are YOUR exclusive warranties AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. SYMANTEC MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OR USE OF THE LICENSED SOFTWARE, CONTENT UPDATES, AND UPGRADES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU MAY HAVE OTHER WARRANTY RIGHTS, WHICH MAY VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
9. 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 OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.
10. MAINTENANCE/SUPPORT. Symantec has no obligation under this License Agreement to provide maintenance/support for the Licensed Software. Any maintenance/support purchased for the Licensed Software is subject to Symantec’s then-current maintenance/support policies.
11. SOFTWARE EVALUATION. If the Licensed Software is provided to You for evaluation purposes and You have an evaluation agreement with Symantec for the Licensed Software, Your rights to evaluate the Licensed Software will be pursuant to the terms of such evaluation agreement. If You do not have an evaluation agreement with Symantec for the Licensed Software and if You are provided the Licensed Software for evaluation purposes, the following terms and conditions shall apply. Symantec grants to You a nonexclusive, temporary, royalty-free, non-assignable license to use the Licensed Software solely for internal non-production evaluation. Such evaluation license shall terminate (i) on the end date of the pre-determined evaluation period, if an evaluation period is pre-determined in the Licensed Software or (ii) sixty (60) days from the date of Your initial installation of the Licensed Software, if no such evaluation period is pre-determined in the Licensed Software (“Evaluation Period”). The Licensed Software may not be transferred and is provided “AS IS” without warranty of any kind. You are solely responsible to take appropriate measures to back up Your system and take other measures to prevent any loss of files or data. The Licensed Software may contain an automatic disabling mechanism that prevents its use after a certain period of time. Upon expiration of the Licensed Software Evaluation Period, You will cease use of the Licensed Software and destroy all copies of the Licensed Software. All other terms and conditions of this License Agreement shall otherwise apply to Your evaluation of the Licensed Software as permitted herein.
12. U.S. GOVERNMENT RESTRICTED RIGHTS. The Licensed 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 Licensed Software - Restricted Rights" and DFARS 227.7202, “Rights in Commercial Computer Licensed Software or Commercial Computer Licensed Software Documentation”, as applicable, and any successor regulations. Any use, modification, reproduction release, performance, display or disclosure of the Licensed Software by the U.S. Government shall be solely in accordance with the terms of this License Agreement.
13. 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. All Symantec products, including the Controlled Technology are prohibited for export or re-export to Cuba, North Korea, Iran, Syria and Sudan and to any country subject to relevant trade sanctions. You hereby agree that You will not export or sell any Controlled Technology for use in connection with chemical, biological, or nuclear weapons, or missiles, drones or space launch vehicles capable of delivering such weapons.
14. TERMINATION. This License Agreement shall terminate upon Your breach of any term contained herein. Upon termination, You shall immediately stop using and destroy all copies of the Licensed Software.
15. SURVIVAL. The following provisions of this License Agreement survive termination of this License Agreement: Definitions, License Restrictions and any other restrictions on use of intellectual property, Ownership/Title, Warranty Disclaimers, Limitation of Liability, U.S. Government Restricted Rights, Export Regulation, Survival, and General.
16. GENERAL.
16.1. ASSIGNMENT. 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.
16.2. COMPLIANCE WITH APPLICABLE LAW. You are solely responsible for Your compliance with, and You agree to comply with, all applicable laws, rules, and regulations in connection with Your use of the Licensed Software.
16.3. AUDIT. An auditor, selected by Symantec and reasonably acceptable to You, may, upon reasonable notice and during normal business hours, but not more often than once each year, inspect Your records and deployment in order to confirm that Your use of the Licensed Software complies with this License Agreement and the applicable License Instrument. Symantec shall bear the costs of any such audit, except where the audit demonstrates that the Manufacturer’s Suggested Reseller Price (MSRP) value of Your non-compliant usage exceeds five percent (5%) of the MSRP value of Your compliant deployments. In such case, in addition to purchasing appropriate licenses for any over-deployed Licensed Software, You shall reimburse Symantec for the auditor’s reasonable actual fees for such audit.
16.4. GOVERNING LAW; SEVERABILITY; WAIVER. 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.
16.5. 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.
16.6. CUSTOMER SERVICE. Should You have any questions concerning this License Agreement, or if You desire to contact Symantec for any reason, please write to: (i) Symantec Enterprise Customer Care, 555 International Way, Springfield, Oregon 97477, U.S.A., (ii) Symantec Enterprise Customer Care Center, PO BOX 5689, Dublin 15, Ireland, or (iii) Symantec Enterprise Customer Care, 1 Julius Ave, North Ryde, NSW 2113, Australia.
16.7. ENTIRE AGREEMENT. This License Agreement and any related License Instrument are the complete and exclusive agreement between You and Symantec relating to the Licensed Software and supersede any previous or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter. This License Agreement prevails over any conflicting or additional terms of any purchase order, ordering document, acknowledgement or confirmation or other document issued by You, even if signed and returned. This License Agreement may only be modified by a License Instrument that accompanies or follows this License Agreement.
17. ADDITIONAL TERMS AND CONDITIONS. Your use of the Licensed Software is subject to the terms and conditions below in addition to those stated above.
17.1 DEFINITIONS.
A. Per Device. A Device is defined as a single computer, storage drive or other device (i) on which You can install and use the Licensed Software, (ii) from which You access and use the Licensed Software installed on a network, or (iii) a physical connection point that links together two separate devices.
17.2 Use to Support Backup Exec. You have the right to install the Licensed Software on the number of Devices authorized under your License Instrument(s). You may use the Licensed Software in support of and in conjunction with any and all licenses of the Backup Exec product that you are authorized by Symantec to use.
GLB ENT EULA TEMPLATE v1.0Backup Exec Infrastructure Manager 12.5_8 15 08
About your version of ASP.NET
To install the Symantec Management Platform, you need ASP.NET version 2.0.5 installed on your system. If you receive an error for ASP.NET when checking for install readiness, click the Fix It button to register the script maps to run the correct version of ASP.NET.
About Hotfix for Windows Server 2003 (KB925336)
Install this update to resolve an issue where you receive a digital signature policy error message when installing a large Microsoft Windows Installer (.msi) package
or a large Microsoft Windows Installer Patch (.msp) package. Additional details and download of the Hotfix for Windows Server 2003 (KB925336)
for windows 2003, 32 bit OS are found at
http://www.microsoft.com/downloads/details.aspx?FamilyId=8EFFE1D9-7224-4586-BE2B-42C9AE5B9071&displaylang=en
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 OPENING THE LICENSED SOFTWARE PACKAGE, BREAKING THE LICENSED SOFTWARE SEAL, CLICKING THE “I AGREE” OR “YES” BUTTON, OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR LOADING THE LICENSED SOFTWARE 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 FURTHER USE OF THE LICENSED SOFTWARE. UNLESS OTHERWISE DEFINED HEREIN, CAPITALIZED TERMS WILL HAVE THE MEANING GIVEN IN THE “DEFINITIONS” SECTION OF THIS LICENSE AGREEMENT AND SUCH CAPITALIZED TERMS MAY BE USED IN THE SINGULAR OR IN THE PLURAL, AS THE CONTEXT REQUIRES.
1. DEFINITIONS.
“Content Updates” means content used by certain Symantec products which is updated from time to time, including but not limited to: updated anti-spyware definitions for anti-spyware products; updated antispam rules for antispam products; updated virus definitions for antivirus and crimeware products; updated URL lists for content filtering and antiphishing products; updated firewall rules for firewall products; updated intrusion detection data for intrusion detection products; updated lists of authenticated web pages for website authentication products; updated policy compliance rules for policy compliance products; and updated vulnerability signatures for vulnerability assessment products.
“Documentation” means the user documentation Symantec provides with the Licensed Software.
“License Instrument” means one or more of the following applicable documents which further defines Your license rights to the Licensed Software: a Symantec license certificate or a similar license document issued by Symantec, or a written agreement between You and Symantec, that accompanies, precedes or follows this License Agreement.
“Licensed Software” means the Symantec software product, in object code form, accompanying this License Agreement, including any Documentation included in, or provided for use with, such software or that accompanies this License Agreement.
“Support Certificate” means the certificate sent by Symantec confirming Your purchase of the applicable Symantec maintenance/support for the Licensed Software.
“Upgrade” means any version of the Licensed Software that has been released to the public and which replaces the prior version of the Licensed Software on Symantec’s price list pursuant to Symantec’s then-current upgrade policies.
“Use Level” means the license use meter or model (which may include operating system, hardware system, application or machine tier limitations, if applicable) by which Symantec measures, prices and licenses the right to use the Licensed Software, in effect at the time an order is placed for such Licensed Software, as indicated in this License Agreement and the applicable License Instrument.
2. LICENSE GRANT. Subject to Your compliance with the terms and conditions of this License Agreement, Symantec grants to You the following rights: (i) a non-exclusive, non-transferable (except as stated otherwise in Section 16.1) license to use the Licensed Software solely in support of Your internal business operations in the quantities and at the Use Levels described in this License Agreement and the applicable License Instrument; and (ii) the right to make a single uninstalled copy of the Licensed Software for archival purposes which You may use and install for disaster-recovery purposes (i.e. where the primary installation of the Licensed Software becomes unavailable for use).
2.1 TERM. The term of the Licensed Software license granted under this License Agreement shall be perpetual (subject to Section 14) unless stated otherwise in Section 17 or unless You have obtained the Licensed Software on a non-perpetual basis, such as, under a subscription or term-based license for the period of time indicated on the applicable License Instrument. If You have obtained the Licensed Software on a non-perpetual basis, Your rights to use such Licensed Software shall end on the applicable end date as indicated on the applicable License Instrument and You shall cease use of the Licensed Software as of such applicable end date.
3. 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; (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; (v) use of the Licensed Software by any party other than You; (vi) use of a later version of the Licensed Software other than the version that accompanies this License Agreement unless You have separately acquired the right to use such later version through a License Instrument or Support Certificate; nor (vii) use of the Licensed Software above the quantity and Use Level that have been licensed to You under this License Agreement or the applicable License Instrument.
4. OWNERSHIP/TITLE. The Licensed Software is the proprietary property of Symantec or its licensors and is protected by copyright law. 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.
5. CONTENT UPDATES. If You purchase a Symantec maintenance/support offering consisting of or including Content Updates, as indicated on Your Support Certificate, You are granted the right to use, as part of the Licensed Software, such Content Updates as and when they are made generally available to Symantec’s end user customers who have purchased such maintenance/support offering and for such period of time as indicated on the face of the applicable Support Certificate. This License Agreement does not otherwise permit You to obtain and use Content Updates.
6. UPGRADES/CROSS-GRADES. Symantec reserves the right to require that any upgrades (if any) of the Licensed Software may only be obtained in a quantity equal to the number indicated on the applicable License Instrument. An upgrade to an existing license shall not be deemed to increase the number of licenses which You are authorized to use. Additionally, if You upgrade a Licensed Software license, or purchase a Licensed Software license listed on the applicable License Instrument to cross-grade an existing license (i.e. to increase its functionality, and/or transfer it to a new operating system, hardware tier or licensing meter), then Symantec issues the applicable Licensed Instrument based on the understanding that You agree to cease using the original license. Any such license upgrade or cross-grade is provided under Symantec's policies in effect at the time of order. This License Agreement does not separately license You for additional licenses beyond those which You have purchased, and which have been authorized by Symantec as indicated on the applicable License Instrument.
7. LIMITED WARRANTY.
7.1. MEDIA WARRANTY. If Symantec provides the Licensed Software to You on tangible media, Symantec warrants that the magnetic media upon which the Licensed Software is recorded will not be defective under normal use, for a period of ninety (90) days from delivery. Symantec will replace any defective media returned to Symantec within the warranty period at no charge to You. The above warranty is inapplicable in the event the Licensed Software media becomes defective due to unauthorized use of the Licensed Software. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
7.2. PERFORMANCE WARRANTY. Symantec warrants that the Licensed Software, as delivered by Symantec and when used in accordance with the Documentation, will substantially conform to the Documentation for a period of ninety (90) days from delivery. If the Licensed Software does not comply with this warranty and such non-compliance is reported by You to Symantec within the ninety (90) day warranty period, Symantec will do one of the following, selected at Symantec’s reasonable discretion: either (i) repair the Licensed Software, (ii) replace the Licensed Software with software of substantially the same functionality, or (iii) terminate this License Agreement and refund the relevant license fees paid for such non-compliant Licensed Software. The above warranty specifically excludes defects resulting from accident, abuse, unauthorized repair, modifications or enhancements, or misapplication. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
8. WARRANTY DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE warranties set forth in sections 7.1 and 7.2 are YOUR exclusive warranties AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. SYMANTEC MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OR USE OF THE LICENSED SOFTWARE, CONTENT UPDATES, AND UPGRADES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU MAY HAVE OTHER WARRANTY RIGHTS, WHICH MAY VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
9. 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 OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.
10. MAINTENANCE/SUPPORT. Symantec has no obligation under this License Agreement to provide maintenance/support for the Licensed Software. Any maintenance/support purchased for the Licensed Software is subject to Symantec’s then-current maintenance/support policies.
11. SOFTWARE EVALUATION. If the Licensed Software is provided to You for evaluation purposes and You have an evaluation agreement with Symantec for the Licensed Software, Your rights to evaluate the Licensed Software will be pursuant to the terms of such evaluation agreement. If You do not have an evaluation agreement with Symantec for the Licensed Software and if You are provided the Licensed Software for evaluation purposes, the following terms and conditions shall apply. Symantec grants to You a nonexclusive, temporary, royalty-free, non-assignable license to use the Licensed Software solely for internal non-production evaluation. Such evaluation license shall terminate (i) on the end date of the pre-determined evaluation period, if an evaluation period is pre-determined in the Licensed Software or (ii) sixty (60) days from the date of Your initial installation of the Licensed Software, if no such evaluation period is pre-determined in the Licensed Software (“Evaluation Period”). The Licensed Software may not be transferred and is provided “AS IS” without warranty of any kind. You are solely responsible to take appropriate measures to back up Your system and take other measures to prevent any loss of files or data. The Licensed Software may contain an automatic disabling mechanism that prevents its use after a certain period of time. Upon expiration of the Licensed Software Evaluation Period, You will cease use of the Licensed Software and destroy all copies of the Licensed Software. All other terms and conditions of this License Agreement shall otherwise apply to Your evaluation of the Licensed Software as permitted herein.
12. U.S. GOVERNMENT RESTRICTED RIGHTS. The Licensed 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 Licensed Software - Restricted Rights" and DFARS 227.7202, “Rights in Commercial Computer Licensed Software or Commercial Computer Licensed Software Documentation”, as applicable, and any successor regulations. Any use, modification, reproduction release, performance, display or disclosure of the Licensed Software by the U.S. Government shall be solely in accordance with the terms of this License Agreement.
13. 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. All Symantec products, including the Controlled Technology are prohibited for export or re-export to Cuba, North Korea, Iran, Syria and Sudan and to any country subject to relevant trade sanctions. You hereby agree that You will not export or sell any Controlled Technology for use in connection with chemical, biological, or nuclear weapons, or missiles, drones or space launch vehicles capable of delivering such weapons.
14. TERMINATION. This License Agreement shall terminate upon Your breach of any term contained herein. Upon termination, You shall immediately stop using and destroy all copies of the Licensed Software.
15. SURVIVAL. The following provisions of this License Agreement survive termination of this License Agreement: Definitions, License Restrictions and any other restrictions on use of intellectual property, Ownership/Title, Warranty Disclaimers, Limitation of Liability, U.S. Government Restricted Rights, Export Regulation, Survival, and General.
16. GENERAL.
16.1. ASSIGNMENT. 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.
16.2. COMPLIANCE WITH APPLICABLE LAW. You are solely responsible for Your compliance with, and You agree to comply with, all applicable laws, rules, and regulations in connection with Your use of the Licensed Software.
16.3. AUDIT. An auditor, selected by Symantec and reasonably acceptable to You, may, upon reasonable notice and during normal business hours, but not more often than once each year, inspect Your records and deployment in order to confirm that Your use of the Licensed Software complies with this License Agreement and the applicable License Instrument. Symantec shall bear the costs of any such audit, except where the audit demonstrates that the Manufacturer’s Suggested Reseller Price (MSRP) value of Your non-compliant usage exceeds five percent (5%) of the MSRP value of Your compliant deployments. In such case, in addition to purchasing appropriate licenses for any over-deployed Licensed Software, You shall reimburse Symantec for the auditor’s reasonable actual fees for such audit.
16.4. GOVERNING LAW; SEVERABILITY; WAIVER. 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.
16.5. 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.
16.6. CUSTOMER SERVICE. Should You have any questions concerning this License Agreement, or if You desire to contact Symantec for any reason, please write to: (i) Symantec Enterprise Customer Care, 555 International Way, Springfield, Oregon 97477, U.S.A., (ii) Symantec Enterprise Customer Care Center, PO BOX 5689, Dublin 15, Ireland, or (iii) Symantec Enterprise Customer Care, 1 Julius Ave, North Ryde, NSW 2113, Australia.
16.7. ENTIRE AGREEMENT. This License Agreement and any related License Instrument are the complete and exclusive agreement between You and Symantec relating to the Licensed Software and supersede any previous or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter. This License Agreement prevails over any conflicting or additional terms of any purchase order, ordering document, acknowledgement or confirmation or other document issued by You, even if signed and returned. This License Agreement may only be modified by a License Instrument that accompanies or follows this License Agreement.
17. ADDITIONAL TERMS AND CONDITIONS. Your use of the Licensed Software is subject to the terms and conditions below in addition to those stated above.
17.1 DEFINITIONS.
A. Per Device.
A Device is defined as a single computer, storage drive or other device
(i) on which You can install and use the Licensed Software, (ii) from
which You access and use the Licensed Software installed on a network,
or (iii) a physical connection point that links together two separate
devices.
17.2 Use to Support
Backup Exec System Recovery. You have the right to install
the Licensed Software on the number of Devices authorized under your
License Instrument(s). You may use the Licensed Software in support
of and in conjunction with any and all licenses of the Backup Exec System
Recovery product that you are authorized by Symantec to use.
17.3 PRIVACY; DATA
PROTECTION. From time to time, the Licensed Software will
collect certain information from the computer on which it is installed,
which may include:
A. Information collected
through the Licensed Software’s Send Feedback feature possibly including
personal name, company name, e-mail address and phone number. This information
is provided voluntarily by the user after having the opportunity to
read the Licensed Software’s Privacy Statement. This information will
be used to allow a Symantec representative to respond to the user offering
feedback. It will not be correlated with any information unrelated to
the feedback.
B. Other non-personally
identifiable information which is used for product administration and
analysis. This information will not be correlated with any personally
identifiable information.
Symantec may disclose
the collected information if asked to do so by a law enforcement official
as required or permitted by law or in response to a subpoena or other
legal process. 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 Licensed Software, You
acknowledge and agree that Symantec may collect, transmit, store, disclose
and analyze such information for these purposes.
GLB ENT EULA TEMPLATE v1.0Backup Exec System Recovery Solution 8.5_8 15 08
]]>
About Microsoft Internet Information Services
Only versions of Internet Information Services (IIS) shipping with Windows Server 2003 are supported, including versions 6.0 or higher. IIS 7.0 is not supported at this time.
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 FURTHER USE OF THE LICENSED SOFTWARE.
1. License Rights.�
Subject to Your compliance with the terms and conditions of this License
Agreement, Symantec grants to You a non-exclusive,
non-transferable license to use the Licensed Software solely in conjunction
with Your use of the Symantec Endpoint Protection software, for which You have
a valid license.� Your authorized use of
the Licensed Software requires as a prerequisite the installation of the
Symantec Management Platform software.�
�Licensed Software� means the
Symantec software program You wish to download and use
and the associated program documentation, if any.
2.
License Restrictions.� You may not, without Symantec�s prior written
consent, conduct, cause or permit the: (i) use, 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.
3.
Ownership/Title.� 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.
Support or
Maintenance.� Symantec has no
obligation under this License Agreement to provide maintenance/support for the
Licensed Software. Any support purchased in conjunction with Your
license to Symantec Endpoint Protection shall apply to Your use of the Licensed
Software and is subject to Symantec�s then-current support policies.� Symantec does not offer 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 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, 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. 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.
10.
Privacy; Data
Protection.� From time to time, the Licensed Software may
collect certain information from the computer on which it is installed, why may
include, without limitation, computer name, domain name, user name and IP
Address for product support and troubleshooting.� The collected information is stored on the
customer�s system only and is not transmitted to Symantec unless You voluntarily submit such information to Symantec in a
support request.� If submitted to
Symantec, such submitted 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), but Symantec has taken steps so that the submitted
information, if transferred, receives an adequate level of protection.
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 OPENING THE LICENSED SOFTWARE PACKAGE, BREAKING THE LICENSED SOFTWARE SEAL, CLICKING THE I AGREE OR YES BUTTON, OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR LOADING THE LICENSED SOFTWARE 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 FURTHER USE OF THE LICENSED SOFTWARE. UNLESS OTHERWISE DEFINED HEREIN, CAPITALIZED TERMS WILL HAVE THE MEANING GIVEN IN THE DEFINITIONS SECTION OF THIS LICENSE AGREEMENT AND SUCH CAPITALIZED TERMS MAY BE USED IN THE SINGULAR OR IN THE PLURAL, AS THE CONTEXT REQUIRES.
1. DEFINITIONS.
Content Updates means content used by certain Symantec products which is updated from time to time, including but not limited to: updated anti-spyware definitions for anti-spyware products; updated antispam rules for antispam products; updated virus definitions for antivirus and crimeware products; updated URL lists for content filtering and antiphishing products; updated firewall rules for firewall products; updated intrusion detection data for intrusion detection products; updated lists of authenticated web pages for website authentication products; updated policy compliance rules for policy compliance products; and updated vulnerability signatures for vulnerability assessment products.
Documentation means the user documentation Symantec provides with the Licensed Software.
License Instrument means one or more of the following applicable documents which further defines Your license rights to the Licensed Software: a Symantec license certificate or a similar license document issued by Symantec, or a written agreement between You and Symantec, that accompanies, precedes or follows this License Agreement.
Licensed Software means the Symantec software product, in object code form, accompanying this License Agreement, including any Documentation included in, or provided for use with, such software or that accompanies this License Agreement.
Support Certificate means the certificate sent by Symantec confirming Your purchase of the applicable Symantec maintenance/support for the Licensed Software.
Upgrade means any version of the Licensed Software that has been released to the public and which replaces the prior version of the Licensed Software on Symantecs price list pursuant to Symantecs then-current upgrade policies.
Use Level means the license use meter or model (which may include operating system, hardware system, application or machine tier limitations, if applicable) by which Symantec measures, prices and licenses the right to use the Licensed Software, in effect at the time an order is placed for such Licensed Software, as indicated in this License Agreement and the applicable License Instrument.
2. LICENSE GRANT. Subject to Your compliance with the terms and conditions of this License Agreement, Symantec grants to You the following rights: (i) a non-exclusive, non-transferable (except as stated otherwise in Section 16.1) license to use the Licensed Software solely in support of Your internal business operations in the quantities and at the Use Levels described in this License Agreement and the applicable License Instrument; and (ii) the right to make a single uninstalled copy of the Licensed Software for archival purposes which You may use and install for disaster-recovery purposes (i.e. where the primary installation of the Licensed Software becomes unavailable for use).
2.1 TERM. The term of the Licensed Software license granted under this License Agreement shall be perpetual (subject to Section 14) unless stated otherwise in Section 17 or unless You have obtained the Licensed Software on a non-perpetual basis, such as, under a subscription or term-based license for the period of time indicated on the applicable License Instrument. If You have obtained the Licensed Software on a non-perpetual basis, Your rights to use such Licensed Software shall end on the applicable end date as indicated on the applicable License Instrument and You shall cease use of the Licensed Software as of such applicable end date.
3. LICENSE RESTRICTIONS. You may not, without Symantecs 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; (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; (v) use of the Licensed Software by any party other than You; (vi) use of a later version of the Licensed Software other than the version that accompanies this License Agreement unless You have separately acquired the right to use such later version through a License Instrument or Support Certificate; nor (vii) use of the Licensed Software above the quantity and Use Level that have been licensed to You under this License Agreement or the applicable License Instrument.
4. OWNERSHIP/TITLE. The Licensed Software is the proprietary property of Symantec or its licensors and is protected by copyright law. 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.
5. CONTENT UPDATES. If You purchase a Symantec maintenance/support offering consisting of or including Content Updates, as indicated on Your Support Certificate, You are granted the right to use, as part of the Licensed Software, such Content Updates as and when they are made generally available to Symantecs end user customers who have purchased such maintenance/support offering and for such period of time as indicated on the face of the applicable Support Certificate. This License Agreement does not otherwise permit You to obtain and use Content Updates.
6. UPGRADES/CROSS-GRADES. Symantec reserves the right to require that any upgrades (if any) of the Licensed Software may only be obtained in a quantity equal to the number indicated on the applicable License Instrument. An upgrade to an existing license shall not be deemed to increase the number of licenses which You are authorized to use. Additionally, if You upgrade a Licensed Software license, or purchase a Licensed Software license listed on the applicable License Instrument to cross-grade an existing license (i.e. to increase its functionality, and/or transfer it to a new operating system, hardware tier or licensing meter), then Symantec issues the applicable Licensed Instrument based on the understanding that You agree to cease using the original license. Any such license upgrade or cross-grade is provided under Symantec's policies in effect at the time of order. This License Agreement does not separately license You for additional licenses beyond those which You have purchased, and which have been authorized by Symantec as indicated on the applicable License Instrument.
7. LIMITED WARRANTY.
7.1. MEDIA WARRANTY. If Symantec provides the Licensed Software to You on tangible media, Symantec warrants that the magnetic media upon which the Licensed Software is recorded will not be defective under normal use, for a period of ninety (90) days from delivery. Symantec will replace any defective media returned to Symantec within the warranty period at no charge to You. The above warranty is inapplicable in the event the Licensed Software media becomes defective due to unauthorized use of the Licensed Software. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR SYMANTECS BREACH OF THIS WARRANTY.
7.2. PERFORMANCE WARRANTY. Symantec warrants that the Licensed Software, as delivered by Symantec and when used in accordance with the Documentation, will substantially conform to the Documentation for a period of ninety (90) days from delivery. If the Licensed Software does not comply with this warranty and such non-compliance is reported by You to Symantec within the ninety (90) day warranty period, Symantec will do one of the following, selected at Symantecs reasonable discretion: either (i) repair the Licensed Software, (ii) replace the Licensed Software with software of substantially the same functionality, or (iii) terminate this License Agreement and refund the relevant license fees paid for such non-compliant Licensed Software. The above warranty specifically excludes defects resulting from accident, abuse, unauthorized repair, modifications or enhancements, or misapplication. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR SYMANTECS BREACH OF THIS WARRANTY.
8. WARRANTY DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE warranties set forth in sections 7.1 and 7.2 are YOUR exclusive warranties AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. SYMANTEC MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OR USE OF THE LICENSED SOFTWARE, CONTENT UPDATES, AND UPGRADES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU MAY HAVE OTHER WARRANTY RIGHTS, WHICH MAY VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
9. 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 OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTECS LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTECS LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.
10. MAINTENANCE/SUPPORT. Symantec has no obligation under this License Agreement to provide maintenance/support for the Licensed Software. Any maintenance/support purchased for the Licensed Software is subject to Symantecs then-current maintenance/support policies.
11. SOFTWARE EVALUATION. If the Licensed Software is provided to You for evaluation purposes and You have an evaluation agreement with Symantec for the Licensed Software, Your rights to evaluate the Licensed Software will be pursuant to the terms of such evaluation agreement. If You do not have an evaluation agreement with Symantec for the Licensed Software and if You are provided the Licensed Software for evaluation purposes, the following terms and conditions shall apply. Symantec grants to You a nonexclusive, temporary, royalty-free, non-assignable license to use the Licensed Software solely for internal non-production evaluation. Such evaluation license shall terminate (i) on the end date of the pre-determined evaluation period, if an evaluation period is pre-determined in the Licensed Software or (ii) sixty (60) days from the date of Your initial installation of the Licensed Software, if no such evaluation period is pre-determined in the Licensed Software (Evaluation Period). The Licensed Software may not be transferred and is provided AS IS without warranty of any kind. You are solely responsible to take appropriate measures to back up Your system and take other measures to prevent any loss of files or data. The Licensed Software may contain an automatic disabling mechanism that prevents its use after a certain period of time. Upon expiration of the Licensed Software Evaluation Period, You will cease use of the Licensed Software and destroy all copies of the Licensed Software. All other terms and conditions of this License Agreement shall otherwise apply to Your evaluation of the Licensed Software as permitted herein.
12. U.S. GOVERNMENT RESTRICTED RIGHTS. The Licensed 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 Licensed Software - Restricted Rights" and DFARS 227.7202, Rights in Commercial Computer Licensed Software or Commercial Computer Licensed Software Documentation, as applicable, and any successor regulations. Any use, modification, reproduction release, performance, display or disclosure of the Licensed Software by the U.S. Government shall be solely in accordance with the terms of this License Agreement.
13. 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. All Symantec products, including the Controlled Technology are prohibited for export or re-export to Cuba, North Korea, Iran, Syria and Sudan and to any country subject to relevant trade sanctions. You hereby agree that You will not export or sell any Controlled Technology for use in connection with chemical, biological, or nuclear weapons, or missiles, drones or space launch vehicles capable of delivering such weapons.
14.TERMINATION. This License Agreement shall terminate upon Your breach of any term contained herein. Upon termination, You shall immediately stop using and destroy all copies of the Licensed Software.
15. SURVIVAL. The following provisions of this License Agreement survive termination of this License Agreement: Definitions, License Restrictions and any other restrictions on use of intellectual property, Ownership/Title, Warranty Disclaimers, Limitation of Liability, U.S. Government Restricted Rights, Export Regulation, Survival, and General.
16. GENERAL.
16.1. ASSIGNMENT. 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 Symantecs prior express written consent.
16.2. COMPLIANCE WITH APPLICABLE LAW. You are solely responsible for Your compliance with, and You agree to comply with, all applicable laws, rules, and regulations in connection with Your use of the Licensed Software.
16.3. AUDIT. An auditor, selected by Symantec and reasonably acceptable to You, may, upon reasonable notice and during normal business hours, but not more often than once each year, inspect Your records and deployment in order to confirm that Your use of the Licensed Software complies with this License Agreement and the applicable License Instrument. Symantec shall bear the costs of any such audit, except where the audit demonstrates that the Manufacturers Suggested Reseller Price (MSRP) value of Your non-compliant usage exceeds five percent (5%) of the MSRP value of Your compliant deployments. In such case, in addition to purchasing appropriate licenses for any over-deployed Licensed Software, You shall reimburse Symantec for the auditors reasonable actual fees for such audit.
16.4. GOVERNING LAW; SEVERABILITY; WAIVER. 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.
16.5. 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.
16.6. CUSTOMER SERVICE. Should You have any questions concerning this License Agreement, or if You desire to contact Symantec for any reason, please write to: (i) Symantec Enterprise Customer Care, 555 International Way, Springfield, Oregon 97477, U.S.A., (ii) Symantec Enterprise Customer Care Center, PO BOX 5689, Dublin 15, Ireland, or (iii) Symantec Enterprise Customer Care, 1 Julius Ave, North Ryde, NSW 2113, Australia.
16.7.ENTIRE AGREEMENT. This License Agreement and any related License Instrument are the complete and exclusive agreement between You and Symantec relating to the Licensed Software and supersede any previous or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter. This License Agreement prevails over any conflicting or additional terms of any purchase order, ordering document, acknowledgement or confirmation or other document issued by You, even if signed and returned. This License Agreement may only be modified by a License Instrument that accompanies or follows this License Agreement.
17. ADDITIONAL TERMS AND CONDITIONS. Your use of the Licensed Software is subject to the terms and conditions below in addition to those stated above.
17.1 You may use a reasonable number of copies of the Licensed Software solely in conjunction with Your use of Symantec Critical System Protection v. 5.2.8 MP3 or a subsequent version (SCSP) which is under current maintenance/support.
GLB ENT EULA TEMPALTE V.1.0_IT ANALYTICS FOR SYMANTEC CRITICAL SYSTEM PROTECTION_06JULY2012
About your version of AJAX
Checks to see if the required version of AJAX is installed. If the wrong version is reported by the install readiness check, click the Fix It button to uninstall that version and install the required version of AJAX.
About your version of ASP.NET
To install the Symantec Management Platform, you need ASP.NET version 2.0.5 installed on your system. If you receive an error for ASP.NET when checking for install readiness, click the Fix It button to register the script maps to run the correct version of ASP.NET.
About CPU Requirements
Symantec Management Platform requires a Pentium 4 CPU 1.8 Ghz server-class computer or a computer with multiple processors.
Note: Depending on the products installed and the number of computer devices being managed, CPU requirements will depend on the configuration and design of your management system.