IMPORTANT-READ CAREFULLY: This Computer Associates End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Computer Associates International for the eTrust EZ Firewall software product(s) described below, which include(s) computer software and "online" or electronic documentation and may include associated media and printed materials. YOU WILL NOT BE PERMITTED TO USE THE SOFTWARE UNTIL YOU HAVE READ AND AGREED TO THE TERMS AND CONDITIONS OF THIS EULA, AND BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. If you do not agree to the terms of this EULA, promptly return the entire unused software, including all subscription updates that you have received as a part of the software, to the place from which you obtained it for a full refund. By installing, copying, or otherwise using a subscription update, you agree to be bound by the additional license terms that accompany the subscription update.
Description
The eTrust EZ Firewall software ("SOFTWARE") protects your machine.
Software License
This license grants the right to use one copy of the SOFTWARE on a single microprocessor/computer, for each license purchased, pursuant to the subsequently described limitations. The SOFTWARE is in "use" on the computer when it is loaded in the temporary memory (i.e. RAM) or installed into the permanent memory (e.g. hard disk, CDROM, or other storage device) of the computer. However, installation on a network server for the sole purpose of internal distribution shall not constitute "use" for which a separate license is required, provided you have a separate license for each computer to which the SOFTWARE is distributed.
Software Copyright
The SOFTWARE is owned by the Manufacturer and protected by United States copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyright material (e.g. book, or musical recording) except that you may either (a) make one copy of the written materials accompanying the SOFTWARE or (b) transfer the SOFTWARE to a single hard disk provided you keep the original solely for backup or archival purposes.
You may not rent or lease the SOFTWARE, but you may transfer the SOFTWARE and accompanying written materials on a permanent basis provided you retain NO copies and the recipient agrees to the terms of this EULA. You may not reverse engineer, decompile, or disassemble the SOFTWARE. If the SOFTWARE is an update or has been updated, any transfer must include the most recent update and all prior versions.
US Government Restricted Rights
The SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at the DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Computer Associates International, One Computer Associates Plaza, Islandia, New York 11788-7000.
If you acquired this product in the United States, this EULA is governed by the laws of the State of New York. If this product was acquired outside the United States, then local law may apply. Should you have any questions concerning this EULA, or if you desire to contact the Manufacturer for any reason, please refer to the address provided in the SOFTWARE documentation.
YOU AGREE THAT YOU DO NOT INTEND NOR WILL YOU, DIRECTLY OR INDIRECTLY, EXPORT OR RE-EXPORT (I) ANY SOFTWARE OR SOFTWARE MATERIALS OR (II) ANY PRODUCT (OR ANY PART THEREOF), PROCESS, OR SERVICE THAT IS THE DIRECT PRODUCT OF THE SOFTWARE OR SOFTWARE MATERIALS (A) TO ANY COUNTRY THAT IS SUBJECT TO U.S. EXPORT RESTRICTIONS (CURRENTLY INCLUDING, BUT NOT NECESSARILY LIMITED TO, CUBA, THE FEDERAL REPUBLIC OF YUGOSLAVIA (SERBIA AND MONTENEGRO), IRAN, IRAQ, LIBYA, NORTH KOREA, SUDAN AND SYRIA), OR TO ANY NATIONAL OR ANY SUCH COUNTRY, WHEREVER LOCATED, WHO INTENDS TO TRANSMIT OR TRANSPORT THE PRODUCTS BACK TO SUCH COUNTRY OR (B) TO ANY END-USER WHO HAS BEEN PROHIBITED FROM PARTICIPATING IN U.S. EXPORT BY ANY FEDERAL AGENCY OF THE U.S. GOVERNMENT.
Warranty
The manufacturer warrants that the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt. Any implied warranties on the SOFTWARE are limited to ninety (90) days. Some states/jurisdictions do not allow limitations on duration of implied warranty, so the above may not apply to you.
The manufacturer and its suppliers' entire liability and your exclusive remedy shall be, at the manufacturer's option, either (a) return of the price paid, or (b) repair or replacement of the SOFTWARE that does not meet the Manufacturer's Limited Warranty and which is returned to the Manufacturer with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warrant period or thirty (30) days, whichever is longer duration. Outside the United States, neither these remedies nor any product support services offered by the Manufacturer are available without proof of purchase from an authorized non-US source.
To the maximum extent permitted by the applicable law, the Manufacturer and its suppliers disclaim all other warranties, either expressed or implied, including, but not limited to implied warrantees of merchantability and fitness for a particular purpose, with regard to the SOFTWARE and the accompanying written materials. This legal warranty gives you specific legal rights. You may have others which vary from state/jurisdiction to state/jurisdiction.
To the maximum extent permitted by applicable law, in no event shall the Manufacturer or its suppliers be liable for any damages whatsoever (including without limitation, damages for loss of business profits, business interruption, or any other pecuniary loss) arising out of the use of or inability to use this product even if the Manufacturer has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion of limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
Y2K Compliance
This SOFTWARE product has been tested and determined to be Year 2000 compliant. With respect to Information Technology, this means that this software product (when used according to its associated documentation) is accurately processing (by calculating, comparing, sequencing), providing, and receiving data between the 20th and 21st centuries, particularly between the years 1999 and 2000, and correctly performing leap year calculations. This product also exchanges accurate day/time information with other computer associated products such as software, firmware, and hardware.
Ownership
You acknowledge that Computer Associates International owns the SOFTWARE and all trade secrets, copyrights, patents and other intellectual property rights therein, and you agree to respect such rights. 'eTrust EZ Firewall' is a trademarks of Computer Associates International.
