«IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT (“LICENSE AGREEMENT”) CAREFULLY BEFORE USING THE SOFTWARE AND SERVICES ...»
NORTON LICENSE AGREEMENT
Norton Power Eraser
IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT
(“LICENSE AGREEMENT”) CAREFULLY BEFORE USING THE SOFTWARE AND SERVICES (AS
DEFINED BELOW). SYMANTEC CORPORATION, IF YOU ARE LOCATED IN THE AMERICAS; OR
SYMANTEC ASIA PACIFIC PTE LTD, IF YOU ARE LOCATED IN THE ASIA PACIFIC RIM OR JAPAN;
OR SYMANTEC LIMITED, IF YOU ARE LOCATED IN EUROPE, THE MIDDLE EAST OR AFRICA
(“SYMANTEC”) IS WILLING TO LICENSE THE SOFTWARE AND SERVICES TO YOU AS THE
INDIVIDUAL, THE COMPANY, OR THE LEGAL ENTITY THAT WILL BE UTILIZING THE SOFTWARE
AND SERVICES (REFERENCED BELOW AS “YOU” OR “YOUR”) ONLY ON THE CONDITION THAT
YOU ACCEPT ALL OF THE TERMS OF THIS LICENSE AGREEMENT. THIS IS A LEGAL AND
ENFORCEABLE CONTRACT BETWEEN YOU AND SYMANTEC. BY OPENING THIS PACKAGE,
BREAKING THE SEAL, CLICKING THE “I AGREE” OR “YES” BUTTON OR OTHERWISE INDICATING
ASSENT ELECTRONICALLY, OR BY LOADING OR USING THE SOFTWARE AND SERVICES OR
OTHERWISE USING THE SOFTWARE AND SERVICES, YOU AGREE TO THE TERMS AND
CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS ANDCONDITIONS, CLICK THE “CANCEL” OR “NO” OR “CLOSE WINDOW” BUTTON OR OTHERWISE
INDICATE REFUSAL, OR DO NOT DOWNLOAD OR MAKE FURTHER USE OF THE SOFTWARE ANDSERVICES.
The software and services and documentation, (including any product packaging) (the “Documentation”), that accompanies this License Agreement (collectively the “Software and Services”) is the property of Symantec or its licensors, and is protected by copyright law. Although Symantec or its licensors continues to own the Software and Services, after Your acceptance of this License Agreement You will have certain rights to use the Software and Services on a computer, virtual environment, mobile or mobile computing device (a “Device”) for as long as Symantec maintains and makes the Software and Services available to You. All rights not expressly granted to You are retained by Symantec and/or its licensors.
This License Agreement governs any releases, revisions, or enhancements to the Software and Services, that Symantec may furnish to You. Your rights and obligations under this License Agreement with respect to the use of the Software and Services shall be as follows.
A. use one copy of the Software and Services on a single Device. If a greater number of copies and/or number of Devices is specified within the Documentation or the applicable transaction documentation from the authorized distributor or reseller from which You obtained the Software and Services, You may use the Software and Services in accordance with such specifications;
B. make one copy of the Software for back-up or archival purposes, or copy the Software onto the hard disk of Your Device and retain the original for back-up or archival purposes;
C. use the Software and Services on a network, provided that You have a licensed copy of the Software and Services for each Device that can access the Software and Services over that network;
D. permanently transfer all of Your rights in the Software and Services granted under this License Agreement to another person or entity, provided that You retain no copies of the Software and Services and the transferee agrees to all the terms of this License Agreement. For the avoidance of doubt, if the Software and Services being transferred is part of a multiple product offering You must transfer all Your rights to all product offerings included in such Software and Services. Partial transfer of Your rights under this License Agreement shall not be permitted and any such attempts shall be void and null. For example, if the Documentation or the applicable transaction documentation from the authorized distributor or reseller grants You the right to use multiple copies of the Software and Services, only a transfer of all the rights to use all such copies of the Software and Services would be valid; and E. use the Software and Services in accordance with any additional permitted uses which may be set forth below.
You may not, nor may You permit any other person to:
A. sublicense, rent or lease any portion of the Software and Services;
B. reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software and Services or create derivative works from the Software and Services;
C. provide, offer or make available the Software and Services as part of a facility management, timesharing, service provider or service bureau arrangement; or D. use the Software and Services in any manner that is not permitted pursuant to this License Agreement.
The Software and Services may include third party features and functionalities or may access content on a third party website. Such features, functionalities or content may be subject to such third party terms of service.
2. Software and Services features and Content Updates; Discontinuation of the Content Updates or
Software and Services:
A. You shall have the right to receive new features to and versions of the Software and Services as Symantec, in its sole discretion, makes such features and versions available during Your Service Period.
Symantec continually strives to improve the usability and performance of its products and services. In order to optimize the Software and Services, and to provide You with the most current version of the Software and Services, You agree the Software and Services may download and install new updates and versions of the Software and Services as they are made available by Symantec in its sole discretion. You agree to receive and permit Symantec to deliver such new updates and versions to Your Device.
Additionally, Symantec may modify the terms and conditions that apply to Your use of the Software and Services to reflect such updates and versions and You agree to such updated terms.
B. Certain Software and Services use content that is updated from time to time, including but not limited to the following: antivirus and crimeware software use updated virus definitions; antispyware software uses updated spyware definitions; antispam software uses updated antispam rules; content filtering and antiphishing software use updated URL lists; some firewall software use updated firewall rules;
vulnerability assessment products use updated vulnerability data, and web site authentication software uses updated lists of authenticated web pages; these updates are collectively referred to as “Content Updates” (or alternatively referred to as “Protection Updates” or “Security Updates” at times). You shall have the right to receive Content Updates for the Software and Services during Your Service Period.
C. Symantec may, at its discretion with or without notice to You, discontinue providing Content Updates and/or may terminate the Software and Services. Symantec may add, modify or remove features of the Software and Services at any time with or without notice to You.
3. Product Installation; Activation; Norton Account:
A. During the installation process, the Software and Services may uninstall or disable other security products, or features of such products, if such products or features are incompatible with the Software and Services or for purposes of improving the overall functionality of the Software and Services.
B. There may be technological measures in this Software and Services that are designed to prevent unlicensed or illegal use of the Software and Services. You agree that Symantec may use these measures to protect Symantec against Software and Services piracy. This Software and Services may contain enforcement technology that limits the ability to install and uninstall the Software and Services on a Device to not more than a finite number of times for a finite number of Devices. This License Agreement and the Software and Services containing enforcement technology may require activation as further set out in the Documentation. If so, the Software and Services will only operate for a finite period of time prior to Software and Services activation by You. During activation, You may be required to provide Your unique activation code accompanying the Software and Services and Device configuration in the form of an alphanumeric code over the Internet to verify the authenticity of the Software and Services. If You do not complete the activation within the finite period of time set forth in the Documentation, or as prompted by the Software and Services, the Software and Services will cease to function until activation is complete; at which time the Software and Services functionality will be restored.
In the event that You are not able to activate the Software and Services over the Internet, or through any other method specified during the activation process, You may contact Symantec Customer Support using the information provided by Symantec during activation, or as set out below.
C. Norton Account. A current Symantec Norton Account (“Norton Account”) may be required to access and use the Software and Services. In such case, if You do not have a Norton Account, You must complete the applicable registration process to create a Norton Account in order to use the Software and Services. You are entirely responsible for maintaining the confidentiality of Your Norton Account password.
4. Safe Search Feature. The Software and Services may include a Safe Search feature which provides You the ability to safely search the internet. This may be offered via, but not be limited to, a Symantec search toolbar.
5. Limited Warranty:
Symantec warrants that any media manufactured by Symantec on which the Software and Services are distributed will be free from defects for a period of sixty (60) days from the date of delivery of the Software and Services to You. Your sole remedy in the event of a breach of this warranty will be that Symantec will replace any defective media returned to Symantec within the warranty period. Symantec does not warrant that the Software and Services will meet Your requirements or that operation of the Software and Services will be uninterrupted or that the Software and Services will be error-free.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ABOVE WARRANTY IS
EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED,
INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THIS WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM
STATE TO STATE AND COUNTRY TO COUNTRY.
6. Disclaimer of Damages:
SOME STATES AND COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE BELOW LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER
ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL
SYMANTEC OR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL,
INDIRECT, OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING
OUT OF THE USE OR INABILITY TO USE THE SOFTWARE AND SERVICES EVEN IF SYMANTEC
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO CASE SHALL SYMANTEC’S OR ITS LICENSORS’ LIABILITY EXCEED TWENTY-FIVE U.S.
DOLLARS ($25.00) OR THE LOCAL CURRENCY EQUIVELANT. The disclaimers and limitations set forth above will apply regardless of whether You accept or use the Software and Services.
7. U.S. Government Restricted Rights:
For U.S. Government procurements, the Software is deemed to be commercial computer software as defined in FAR 12.212 and subject to restricted rights as defined in FAR Section 52.227-19 "Commercial Computer Software - Restricted Rights" and DFARS 227.7202, “Rights in Commercial Computer Software or Commercial Computer Software Documentation”, as applicable, and any successor regulations. Any use, modification, reproduction release, performance, display or disclosure of the Software by the U.S. Government shall be solely in accordance with the terms of this License Agreement.
8. Export Regulation:
You acknowledge that the Software and Services and related technical data and services (collectively "Controlled Technology") may be subject to the import and export laws of the United States, specifically the U.S. Export Administration Regulations (EAR), and the laws of any country where Controlled Technology is imported or re-exported. You agree to comply with all relevant laws and will not export any Controlled Technology in contravention to U.S. law nor to any prohibited country, entity, or person for which an export license or other governmental approval is required. All Symantec product is prohibited for export or re-export to Cuba, North Korea, Iran, Syria and Sudan and to any country subject to relevant trade sanctions, including Afghanistan and Iraq. USE OR FACILITATION OF SYMANTEC PRODUCT IN