SYMANTEC LICENSE AGREEMENT
IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT (“LICENSE AGREEMENT”) CAREFULLY BEFORE USING THE SOFTWARE (AS DEFINED BELOW). SYMANTEC CORPORATION, IF YOU ARE LOCATED IN THE AMERICAS; OR SYMANTEC ASIA PACIFIC PTE LTD, IF YOU ARE LOCATED IN THE ASIA PACIFIC RIM OR JAPAN; OR SYMANTEC LIMITED, IF YOU ARE LOCATED IN EUROPE, THE MIDDLE EAST OR AFRICA (“SYMANTEC”) IS WILLING TO LICENSE THE SOFTWARE TO YOU AS THE INDIVIDUAL, THE COMPANY, OR THE LEGAL ENTITY THAT WILL BE UTILIZING THE SOFTWARE (REFERENCED BELOW AS “YOU” OR “YOUR”) ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS LICENSE AGREEMENT. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND SYMANTEC. BY CLICKING THE “I AGREE” OR “YES” BUTTON OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR LOADING THE SOFTWARE OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, CLICK THE “CANCEL” OR “NO” OR “CLOSE WINDOW” BUTTON OR OTHERWISE INDICATE REFUSAL, AND MAKE NO FURTHER USE OF THE SOFTWARE.
1. License:
The software (including any accompanying features and services) and documentation (the “Documentation”) that accompanies this License Agreement, and any Updates (as defined below) provided at Symantec’s sole discretion (collectively the “Software”) is the property of Symantec or its licensors, and is protected by copyright law. Although Symantec or its licensors continues to own the Software, You will have certain rights to use the Software as set forth herein, after Your acceptance of this License Agreement. All rights not expressly granted to You are retained by Symantec and/or its licensors. Unless accompanied by separate governing terms and conditions, this License Agreement governs the Software that Symantec may make available to You. Except as otherwise stated herein or as modified by a written document that has been signed by both You and Symantec or the Documentation, Your rights and obligations under this License Agreement with respect to the use of this Software shall be perpetual and shall be as follows.
You may:
A. use one copy of the Software on either a single Mobile Device or a single Client Device (each, a “Device”). “Mobile Device” means a portable device with the primary purpose of voice communication through a wireless network which (i) has no more than two displays each less than five inches in length at the diagonals; (ii) does not include a keyboard designed for use with more than two fingers at a time; (iii) is not designed or marketed for use with an external display or a wired external keyboard; and (iv) is not either: (a) considered a general purpose computing device such as a server product, personal computer, desktop, laptop, netbook, slate or tablet; or (b) designed to be, marketed as or otherwise capable of performing the functions of a general purpose computing device. “Client Device” means a portable device or a laptop or desktop computer that has the primary purpose of providing computing or data services to a single user at any given time and is not a server or other device designed or used to provide computing or data services to multiple users or software programs running on multiple other computers.
If a greater number of copies and/or number of Devices is specified within the Documentation or the applicable transaction documentation from the authorized distributor or reseller from which You obtained the Software, You may use the Software in accordance with such specifications;
B. make one copy of the Software for back-up or archival purposes, or copy the Software onto the hard disk of Your Device and retain the original for back-up or archival purposes, provided Your operating platform permits and is configured to allow such copying;
C. use the Software on a network, provided that You have a licensed copy of the Software for each Device that can access the Software over that network;
D. permanently transfer all of Your rights in the Software granted under this License Agreement to another person or entity, provided that You retain no copies of the Software and the transferee agrees to all the terms of this License Agreement. For the avoidance of doubt, if the Software being transferred is part of a multiple product offering You must transfer all Your rights to all product offerings included in such Software. Partial transfer of Your rights under this License Agreement shall not be permitted. For example, if the Documentation or the applicable transaction documentation from the authorized distributor or reseller grants You the right to use multiple copies of the Software, only a transfer of all the rights to use all such copies of the Software would be valid; and
E. use the Software in accordance with any additional permitted uses which may be set forth below.
You may not, nor may You permit any other person to:
A. sublicense, rent or lease any portion of the Software;
B. reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software or create derivative works from the Software;
C. provide, offer or make available the Software as part of a facility management, timesharing, service provider or service bureau arrangement; or
D. use the Software in any manner that is not permitted pursuant to this License Agreement.
2. Trial Version:
If the Software is licensed to You for trial or evaluation purposes, as indicated on the applicable transaction documentation or on other materials provided to You (“Trial Information”), Your rights to use the Software will begin upon Your acceptance of this Agreement and will last only until the end of the applicable trial indicated on the Trial Information (“Trial Period”). Symantec shall have the right to terminate any or all rights granted to You before the end of the Trial Period without additional notice to You, and Your rights to use the Software and receive any feature updates will immediately cease. You acknowledge and agree that any termination of Your rights to use the Software may result in loss of information stored by the Software, if such information has not been backed up or otherwise copied.
3. Software Updates:
If Symantec in its sole discretion decides to make Updates generally available to purchasers of the Software, then You will have the right to receive such Updates. “Updates” means new features to and versions of the Software, but not including those which Symantec in its sole discretion determines are only available through additional purchase of a new subscription.
Symantec continually strives to improve the usability and performance of its products. In order to optimize the Software, and to provide You with the most current version of the Software, You agree the Software may download and install Updates as Symantec makes them available to You, provided Your operating platform permits and is configured to allow such download and installation. Additionally, Symantec may modify the terms and conditions that apply to Your use of the Software to reflect Updates and by using the Software as Updated You agree to such updated terms.
4. Product Installation; Required Activation:
A. During the installation process, the Software may uninstall or disable other security products, or features of such products, if such products or features are incompatible with the Software or for purposes of improving the overall functionality of the Software.
B. There may be technological measures in this Software that are designed to prevent unlicensed or illegal use of the Software. You agree that Symantec may use these measures to protect Symantec against software piracy. This Software may contain enforcement technology that limits the ability to install and uninstall the Software on a Device to not more than a finite number of times for a finite number of Devices. This License Agreement and the Software containing enforcement technology may require activation as further set out in the Documentation. If so, the Software will only operate for a finite period of time prior to Software activation by You. During activation, You may be required to provide Your unique activation code accompanying the Software and Device configuration in the form of an alphanumeric code over the Internet to verify the authenticity of the Software. If You do not complete the activation within the finite period of time set forth in the Documentation, or as prompted by the Software, the Software will cease to function until activation is complete; at which time the Software functionality will be restored. In the event that You are not able to activate the Software over the Internet, or through any other method specified during the activation process, You may contact Symantec Customer Support using the information provided by Symantec during activation, or as set out below.
5. Technical Support:
Symantec may, at its sole discretion, provide You certain technical support pertaining to Your use of the Software, as described at http://www.symantec.com/docs/HOWTO100382 or successor webpage indicated by Symantec from time to time (“Support Services”). Any Support Services provided to You are subject to this License Agreement and the then-current Support Services terms, policies or processes posted by Symantec.
If You choose to use such Support Services the following terms shall apply. It is solely Your responsibility to complete a backup of all Your existing data, software and programs before receiving any Support Services. In the course of providing the Support Services, Symantec may determine that the technical issue is beyond the scope of the Support Services. Symantec reserves the right to refuse, suspend or terminate any of the Support Services in its sole discretion.
6. Disclaimer of Warranties:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND ANY SUPPORT SERVICES ARE PROVIDED “AS IS”, EXCLUSIVE OF ANY WARRANTY, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
7. Disclaimer of Damages:
SOME STATES AND COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SYMANTEC OR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, OR SIMILAR DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, OR OUT OF THE SUPPORT SERVICES, EVEN IF SYMANTEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO CASE SHALL SYMANTEC’S OR ITS LICENSORS’ TOTAL LIABILITY HEREUNDER EXCEED THE PURCHASE PRICE WHICH YOU PAID FOR THE SOFTWARE. The disclaimers and limitations set forth above will apply regardless of whether You accept the Software or Support Services.
8. U.S. Government Restricted Rights:
For U.S. Government procurements, the Software is deemed to be commercial computer software as defined in FAR 12.212 and subject to restricted rights as defined in FAR Section 52.227-19 "Commercial Computer Software - Restricted Rights" and DFARS 227.7202, “Rights in Commercial Computer Software or Commercial Computer Software Documentation”, as applicable, and any successor regulations. Any use, modification, reproduction release, performance, display or disclosure of the Software by the U.S. Government shall be solely in accordance with the terms of this License Agreement.
9. Export Regulation:
You acknowledge that the Software and related technical data and services (collectively "Controlled Technology") may be subject to the import and export laws of the United States, specifically the U.S. Export Administration Regulations (EAR), and the laws of any country where Controlled Technology is imported or re-exported. You agree to comply with all relevant laws and will not export any Controlled Technology in contravention to U.S. law nor to any prohibited country, entity, or person for which an export license or other governmental approval is required. All Symantec product is prohibited for export or re-export to Cuba, North Korea, Iran, Syria and Sudan and to any country subject to relevant trade sanctions, including Afghanistan and Iraq. USE OR FACILITATION OF SYMANTEC PRODUCT IN CONNECTION WITH ANY ACTIVITY INCLUDING, BUT NOT LIMITED TO, THE DESIGN, DEVELOPMENT, FABRICATION, TRAINING, OR TESTING OF CHEMICAL, BIOLOGICAL, OR NUCLEAR MATERIALS, OR MISSILES, DRONES, OR SPACE LAUNCH VEHICLES CAPABLE OF DELIVERING WEAPONS OF MASS DESTRUCTION IS PROHIBITED, IN ACCORDANCE WITH U.S. LAW.
10. Arbitration:
If You are a U.S. customer, You and Symantec agree that any dispute, claim or controversy arising out of or relating in any way to the Software or this License Agreement, shall be determined by binding arbitration or small claims court, instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to this License Agreement, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision, and that You and Symantec are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this License Agreement and/or the termination of Your Symantec product license.
If You elect to seek arbitration, You must first send to Symantec, by certified mail, a written Notice of Your claim ("Notice of Claim"). The Notice of Claim to Symantec should be addressed to: General Counsel, Symantec, Inc., 350 Ellis Street, Mountain View, CA 94043 and should be prominently captioned “NOTICE OF CLAIM”. The Notice of Claim should include both the mailing address and email address You would like Symantec to use to contact You. If Symantec elects to seek arbitration, it will send, by certified mail, a written Notice of Claim to Your billing address on file. A Notice of Claim, whether sent by You or by Symantec, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific amount of damages or other relief sought ("Demand").
If You and Symantec do not reach an agreement to resolve the claim within thirty (30) days after the Notice of Claim is received, You or Symantec may commence an arbitration proceeding or file a claim in small claims court. You may download or copy a form of notice and a form to initiate arbitration at www.adr.org. If You are required to pay a filing fee, Symantec will promptly reimburse You for Your payment of the filing fee after arbitration is commenced. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this License Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by the terms of this License Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Unless Symantec and You agree otherwise, any arbitration hearings will take place in the county (or parish) of either the mailing address You provided in Your Notice or, if no address was provided in Your Notice, Your billing address on file. If Your claim is for U.S. $10,000 or less, Symantec agrees that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If Your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues You an award that is greater than the value of Symantec’s last written settlement offer made before an arbitrator was selected (or if Symantec did not make a settlement offer before an arbitrator was selected), then Symantec will pay You, in addition to the award, either U.S. $500 or 10% of the amount awarded, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
YOU AND SYMANTEC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both You and Symantec agree otherwise, the arbitrator may not consolidate more than one person's claims with Your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
11. General:
This License Agreement will be governed by the laws of the State of California, United States of America. This License Agreement is the entire agreement between You and Symantec relating to the Software and: (i) supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter; and (ii) prevails over any conflicting or additional terms of any quote, order, acknowledgment, or similar communications between the parties. Notwithstanding the foregoing, nothing in this License Agreement will diminish any rights You may have under existing consumer protection legislation or other applicable laws in Your jurisdiction that may not be waived by contract. Symantec may terminate this License Agreement if You breach any term contained in this License Agreement (other than a trivial or inconsequential breach) and, if such termination occurs, You must cease use of and destroy all copies of the Software and Documentation. The disclaimers of warranties and damages and limitations on liability shall survive and continue to apply after termination. This License Agreement may only be modified by the Documentation or by a written document that has been signed by both You and Symantec. Should You have any questions concerning this License Agreement, or if You desire to contact Symantec for any reason, please write to: (i) Symantec Customer Care, 555 International Way, Springfield, Oregon 97477, U.S.A., (ii) Symantec Customer Care, Orion Building, Ballycoolin Business Park, Dublin 15, Ireland, or (iii) Symantec Customer Care, 10 Eunos Road 8, #13-01/02 Singapore Post Centre, Singapore, 408600, or visit the Support page at www.symantec.com.
ADDITIONAL TERMS AND CONDITIONS. Your use of the Software is subject to the terms and conditions below in addition to those stated above.
12. Data Collection:
Symantec collects and uses Collected Data (as defined below) to enable, optimize and provide the Software, and/or Support Services to You (and may engage third parties to do so as well), to administer and enforce its license agreements with You, to make recommendations regarding usage of the Software and other Symantec solutions, and/or to improve Symantec’s products and services in general, including by reviewing aggregate data for statistical analyses. By installing and/or using the Software (including Updates), You agree that Symantec may, and You have obtained all the necessary consents and rights for Symantec to, collect, use, retain, disclose and/or process Collected Data for the purposes described in this License Agreement and if applicable, any Symantec product privacy notices at: http://www.symantec.com/privacy. Please note that the use of the Software may be subject to data protection laws or regulations in certain jurisdictions. You are responsible for ensuring that Your use of the Software is in accordance with such laws or regulations. For purposes of this License Agreement, “Collected Data” means certain information which Symantec may collect, retain, disclose and use in connection with Your use of the Software and may include, but is not limited to, personally identifiable information about You, Your employees, agents or contractors acting on Your behalf, Your devices or systems or Your Software usage.
13. Apple Requirements:
If the Software is downloaded from the Apple iTunes App Store (“App Store”), You acknowledge and agree to the following additional terms applicable to such Software: (a) this License Agreement is between You and Symantec only, and not with Apple, and Apple has no liability for the Software and its content; (b) Your use of the Software is limited to use on an Apple-branded product running the iOS operating system that You own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service; (c) Apple has no obligation to furnish any maintenance and support services with respect to the Software; (d) in the event of any failure of the Software to conform to any applicable warranty that has not been disclaimed, (i) You may notify Apple, and Apple will refund the purchased price You paid through the App Store for the Software and (ii) to the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the Software; (e) Apple is not responsible for any claims, losses, liabilities, damages, costs or expenses relating to the Software or Your possession and/or use of the Software, including, but not limited to (i) product liability or warranty claims; (ii) any claim that the Software fails to conform to any applicable legal requirement and (iii) consumer protection or similar claims; (f) Apple is not responsible for investigating, defending, settling or discharging any third party claims that the Software or Your possession and use of the Software infringes such third party’s intellectual property right; (g) You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties; (h) You are responsible for complying with any applicable third party terms of agreement when using the Software; and (i) Apple and its subsidiaries are third party beneficiaries of this License Agreement; as a third party beneficiary, Apple will have the right to enforce this License Agreement against You.
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