PC World Plus! (NZ) 2000 June/Pcw_jun00.bin/GUARDDOG/OC/_USER1.CAB/USERSETUP_0009OSIND/LICENSE.TXT

Text File | 1998-05-28 | 16KB | 292 lines

McAfee Software End User License Agreement

NOTICE TO ALL USERS:  CAREFULLY READ THE FOLLOWING LEGAL
AGREEMENT ( "AGREEMENT"), FOR THE LICENSE OF SPECIFIED
SOFTWARE ("SOFTWARE") BY NETWORK ASSOCIATES, INC. ("McAfee").
BY CLICKING THE ACCEPT BUTTON OR INSTALLING THE SOFTWARE, YOU
(EITHER AN INDIVIDUAL OR A SINGLE ENTITY) CONSENT TO BE BOUND
BY AND BECOME A PARTY TO THIS AGREEMENT.  IF YOU DO NOT AGREE
TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE BUTTON THAT
INDICATES THAT YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT
AND DO NOT INSTALL THE SOFTWARE.  (IF APPLICABLE, YOU MAY
RETURN THE PRODUCT TO THE PLACE OF PURCHASE FOR A FULL
REFUND.)

1.  License Grant.  Subject to the payment of the applicable
license fees, and subject to the terms and conditions of this
Agreement, McAfee hereby grants to you a non-exclusive,
non-transferable right to use one copy of the specified
version of the Software and the accompanying documentation
(the "Documentation").  You may install one copy of the
Software on one computer, workstation, personal digital
assistant, pager, "smart phone" or other electronic device for
which the Software was designed (each, a "Client Device").  If
the Software is licensed as a suite or bundle with more than
one specified Software product, this license applies to all
such specified Software products, subject to any restrictions
or usage terms specified on the applicable price list or
product packaging that apply to any of such Software products
individually.

  a.  Use.  The Software is licensed as a single product; it
  may not be used on more than one Client Device or by more
  than one user at a time, except as set forth in this
  Section 1.  The Software is "in use" on a Client Device
  when it is loaded into the temporary memory (i.e.,
  random-access memory or RAM) or installed into the
  permanent memory (e.g., hard disk, CD-ROM, or other
  storage device) of that Client Device. This license
  authorizes you to make one copy of the Software solely for
  backup or archival purposes, provided that the copy you
  make contains all of the Software's proprietary notices.

  b.  Server-Mode. You may use the Software on a Client
  Device as a server ("Server") within a multi-user or
  networked environment ("Server-Mode") only if such use is
  permitted in the applicable price list or product
  packaging for the Software.  A separate license is
  required for each Client Device or "seat" that may connect
  to the Server at any time, regardless of whether such
  licensed Client Devices or seats are concurrently
  connected to, accessing or using the Software. Use of
  software or hardware that reduces the number of Client
  Devices or seats directly accessing or utilizing the
  Software (e.g., "multiplexing" or "pooling" software or
  hardware) does not reduce the number of licenses required
  (i.e., the required number of licenses would equal the
  number of distinct inputs to the multiplexing or pooling
  software or hardware "front end"). If the number of Client
  Devices or seats that can connect to the Software can
  exceed the number of licenses you have obtained, then you
  must have a reasonable mechanism in place to ensure that
  your use of the Software does not exceed the use limits
  specified for the licenses you have obtained.  This
  license authorizes you to make or download one copy of the
  Documentation for each Client Device or seat that is
  licensed, provided that each such copy contains all of the
  Documentation's proprietary notices.

  c.  Volume Licenses.  If the Software is licensed with
  volume license terms specified in the applicable price
  list or product packaging for the Software, you may make,
  use and install as many additional copies of the Software
  on the number of Client Devices as the volume license
  authorizes.  You must have a reasonable mechanism in place
  to ensure that the number of Client Devices on which the
  Software has been installed does not exceed the number of
  licenses you have obtained.  This license authorizes you
  to make or download one copy of the Documentation for each
  additional copy authorized by the volume license, provided
  that each such copy contains all of the Documentation's
  proprietary notices.

2.  Term.  This Agreement is effective for an unlimited
duration unless and until earlier terminated as set forth
herein. This Agreement will terminate automatically if you
fail to comply with any of the limitations or other
requirements described herein. Upon any termination or
expiration of this Agreement, you must destroy all copies of
the Software and the Documentation.  You may terminate this
Agreement at any point by destroying all copies of the
Software and the Documentation.

3.  Updates.  For the time period specified in the applicable
price list or product packaging for the Software you are
entitled to download revisions or updates to the Software when
and as McAfee publishes them via its electronic bulletin board
system, website or through other online services.  For a
period of ninety (90) days from the date of the original
purchase of the Software, you are entitled to download one (1)
revision or upgrade to the Software when and as McAfee
publishes it via its electronic bulletin board system, website
or through other online services. After the specified time
period, you have no further rights to receive any revisions or
upgrades without purchase of a new license or annual upgrade
plan to the Software.

4.  Ownership Rights.  The Software is protected by United
States copyright laws and international treaty provisions.
McAfee and its suppliers own and retain all right, title and
interest in and to the Software, including all copyrights,
patents, trade secret rights, trademarks and other
intellectual property rights therein. Your possession,
installation, or use of the Software does not transfer to you
any title to the intellectual property in the Software, and
you will not acquire any rights to the Software except as
expressly set forth in this Agreement.  All copies of the
Software and Documentation made hereunder must contain the
same proprietary notices that appear on and in the Software
and Documentation.

5.  Restrictions.  You may not rent, lease, loan or resell the
Software.  You may not permit third parties to benefit from
the use or functionality of the Software via a timesharing,
service bureau or other arrangement, except to the extent such
use is specified in the applicable list price or product
packaging for the Software. You may not transfer any of the
rights granted to you under this Agreement.  You may not
reverse engineer, decompile, or disassemble the Software,
except to the extent the foregoing restriction is expressly
prohibited by applicable law.  You may not modify, or create
derivative works based upon, the Software in whole or in part.
You may not copy the Software or Documentation except as
expressly permitted in Section 1 above.  You may not remove
any proprietary notices or labels on the Software.  All rights
not expressly set forth hereunder are reserved by McAfee.
McAfee reserves the right to periodically conduct audits upon
advance written notice to verify compliance with the terms of
this Agreement.

6.  Warranty and Disclaimer.

  a.  Limited Warranty.  McAfee warrants that for sixty (60)
  days from the date of original purchase the media (e.g.,
  diskettes) on which the Software is contained will be free
  from defects in materials and workmanship.

b. Customer Remedies.  McAfee's and its suppliers' entire
liability and your exclusive remedy for any breach of the
foregoing warranty shall be, at McAfee's option, either (i)
return of the purchase price paid for the license, if any, or
(ii) replacement of the defective media in which the Software
is contained.  You must return the defective media to McAfee
at your expense with a copy of your receipt.  This limited
warranty is void if the defect has resulted from accident,
abuse, or misapplication. Any replacement media will be
warranted for the remainder of the original warranty period.
Outside the United States, this remedy is not available to the
extent McAfee is subject to restrictions under United States
export control laws and regulations.

c. Warranty Disclaimer.  Except for the limited warranty set
forth herein, THE SOFTWARE IS PROVIDED "AS IS."  TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MCAFEE DISCLAIMS
ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE
SOFTWARE AND THE ACCOMPANYING DOCUMENTATION.  YOU ASSUME
RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR
INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND
RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE
FOREGOING PROVISIONS, MCAFEE MAKES NO WARRANTY THAT THE
SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR
OTHER FAILURES OR THAT THE SOFTWARE WILL MEET YOUR
REQUIREMENTS. SOME STATES AND JURISDICTIONS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY
NOT APPLY TO YOU.  The foregoing provisions shall be
enforceable to the maximum extent permitted by applicable law.

7.  Limitation of Liability.  UNDER NO CIRCUMSTANCES AND UNDER
NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE,
SHALL MCAFEE OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER
PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE
OR MALFUNCTION, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES.
IN NO EVENT WILL MCAFEE BE LIABLE FOR ANY DAMAGES IN EXCESS OF
THE LIST PRICE MCAFEE CHARGES FOR A LICENSE TO THE SOFTWARE,
EVEN IF MCAFEE SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.  THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO
LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT
APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME
STATES AND JURISDICTIONS  DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. The foregoing
provisions shall be enforceable to the maximum extent
permitted by applicable law.

8.  United States Government.  The Software and accompanying
Documentation are deemed to be "commercial computer software"
and "commercial computer software documentation,"
respectively, pursuant to DFAR Section 227.7202 and FAR
Section 12.212, as applicable.  Any use, modification,
reproduction, release, performance, display or disclosure of
the Software and accompanying Documentation by the United
States Government shall be governed solely by the terms of
this Agreement and shall be prohibited except to the extent
expressly permitted by the terms of this Agreement.

9.  Export Controls.  Neither the Software nor the
Documentation and underlying information or technology may be
downloaded or otherwise exported or re-exported (i) into (or
to a national or resident of ) Cuba, Iran, Iraq, Libya, North
Korea, Sudan, Syria or any other country to which the United
States has embargoed goods; or (ii) to anyone on the United
States Treasury Department's list of Specially Designated
Nations or the United States Commerce Department's Table of
Denial Orders.  By downloading or using the Software you are
agreeing to the foregoing and you are certifying that you are
not located in, under the control of, or a national or
resident of any such country or on any such list.

IN ADDITION, YOU SHOULD BE AWARE OF THE FOLLOWING:  EXPORT OF
THE SOFTWARE MAY BE SUBJECT TO COMPLIANCE WITH THE RULES AND
REGULATIONS PROMULGATED FROM TIME TO TIME BY THE BUREAU OF
EXPORT ADMINISTRATION, UNITED STATES DEPARTMENT OF COMMERCE,
WHICH RESTRICT THE EXPORT AND RE-EXPORT OF CERTAIN PRODUCTS
AND TECHNICAL DATA.  IF THE EXPORT OF THE SOFTWARE IS
CONTROLLED UNDER SUCH RULES AND REGULATIONS, THEN THE SOFTWARE
SHALL NOT BE EXPORTED OR RE-EXPORTED, DIRECTLY OR INDIRECTLY,
(A) WITHOUT ALL EXPORT OR RE-EXPORT LICENSES AND UNITED STATES
OR OTHER GOVERNMENTAL APPROVALS REQUIRED BY ANY APPLICABLE
LAWS, OR (B) IN VIOLATION OF ANY APPLICABLE PROHIBITION
AGAINST THE EXPORT OR RE-EXPORT OF ANY PART OF THE SOFTWARE.
SOME COUNTRIES HAVE RESTRICTIONS ON THE USE OF ENCRYPTION
WITHIN THEIR BORDERS, OR THE IMPORT OR EXPORT OF ENCRYPTION
EVEN IF FOR ONLY TEMPORARY PERSONAL OR BUSINESS USE. YOU
ACKNOWLEDGE THAT THE IMPLEMENTATION AND ENFORCEMENT OF THESE
LAWS IS NOT ALWAYS CONSISTENT AS TO SPECIFIC COUNTRIES.
ALTHOUGH THE FOLLOWING COUNTRIES ARE NOT AN EXHAUSTIVE LIST
THERE MAY EXIST RESTRICTIONS ON THE EXPORTATION TO, OR
IMPORTATION OF, ENCRYPTION BY:  BELGIUM, CHINA (INCLUDING HONG
KONG), FRANCE, INDIA, INDONESIA, ISRAEL, RUSSIA, SAUDI ARABIA,
SINGAPORE, AND SOUTH KOREA.  YOU ACKNOWLEDGE IT IS YOUR
ULTIMATE RESPONSIBILITY TO COMPLY WITH ANY AND ALL GOVERNMENT
EXPORT AND OTHER APPLICABLE LAWS AND THAT MCAFEE HAS NO
FURTHER RESPONSIBILITY AFTER THE INITIAL SALE TO YOU WITHIN
THE ORIGINAL COUNTRY OF SALE.

10.  High Risk Activities.  The Software is not fault-tolerant
and is not designed or intended for use in hazardous
environments requiring fail-safe performance, including
without limitation, in the operation of nuclear facilities,
aircraft navigation or communication systems, air traffic
control, weapons systems, direct life-support machines, or any
other application in which the failure of the Software could
lead directly to death, personal injury, or severe physical or
property damage (collectively, "High Risk Activities").
McAfee expressly disclaims any express or implied warranty of
fitness for High Risk Activities.

11.  Miscellaneous.   This Agreement is governed by the laws of
the United States and the State of California, without
reference to conflict of laws principles.  The application of
the United Nations Convention of Contracts for the
International Sale of Goods is expressly excluded.  This
Agreement sets forth all rights for the user of the Software
and is the entire agreement between the parties.  This
Agreement supersedes any other communications with respect to
the Software and Documentation.  This Agreement may not be
modified except by a written addendum issued by a duly
authorized representative of McAfee.  No provision hereof
shall be deemed waived unless such waiver shall be in writing
and signed by McAfee or a duly authorized representative of
McAfee.  If any provision of this Agreement is held invalid,
the remainder of this Agreement shall continue in full force
and effect.  The parties confirm that it is their wish that
this Agreement has been written in the English language only.

12.  MCAFEE CUSTOMER CONTACT.  If you have any questions
concerning these terms and conditions, or if you would like to
contact McAfee for any other reason, please call (408)
988-3832, fax [phone], or write: McAfee Software, 3965
Freedom Circle, Santa Clara, California 95054.
http://www.mcafee.com.

Statements made to you in the course of this sale are subject
to the Year 2000 Information and Readiness Disclosure Act
(Public Law 105-271).  In the case of a dispute, this Act may
reduce your legal rights regarding the use of any statements
regarding Year 2000 readiness, unless otherwise specified in
your contract or tariff.