Chip 2001 May/W2KPRK.iso/apps/InternetScanner/_user1.cab/Language_Independent_OS_Independent_Files/License.txt

Text File | 1999-11-22 | 11KB | 177 lines

Internet Security Systems, Inc.

Software License Agreement

BY INSTALLING THIS SOFTWARE YOU AGREE TO ALL OF THE PROVISIONS
OF THIS LICENSE AGREEMENT ("LICENSE").  IF YOU ARE NOT WILLING
TO BE BOUND BY THIS LICENSE, RETURN ALL COPIES OF THE SOFTWARE
TO ISS WITHIN (15) DAYS OF RECEIPT FOR A FULL REFUND OF ANY
PAID LICENSE FEE.

1. License. Upon payment of the applicable fees, Internet Security Systems,
Inc. ("ISS") grants to you as the only end user ("Licensee") a nonexclusive
and non-transferable license for the accompanying ISS software product in
machine readable form and the related documentation ("Software") for for use
only on the specific network configuration and for the time period ("Term")
that are specified in the accompanying key file configured by ISS.
Furthermore, the Software must not be used on networks or devices that are
not owned or controlled by Licensee. Except for backup, do not install the
Software on more than one storage device at the same time.

2. Restrictions.  The Software is owned by ISS and/or its licensors, is a
valuable trade secret of ISS and is protected by United States Copyright Law
and International Treaty provisions.  You agree not to copy, modify, adapt,
translate, reverse engineer, decompile, disassemble or otherwise attempt to
discover the source code of the Software, except as expressly permitted by
the law in effect in the jurisdiction in which you are located.  You may not
use ISS trademarks.  You may not transfer, lease, assign, sublicense, or
distribute the Software or make it available for timesharing, service bureau
or on-line use.  ISS reserves all intellectual property rights in the
Software.

3. Support and Maintenance. During the term for which you have paid the
applicable current support and maintenance fees, ISS will provide software
maintenance and support services through telephonic support and electronic
preparation and delivery to you of error corrections and updates to the
Software (but NOT new releases or products that substantially increase
functionality and are marketed separately) and documentation as described
in our then current Maintenance Services Policy Statement.

4. Limited Warranty.  For a period of ninety (90) days after your receipt of
the Software or the Term (whichever is less), ISS warrants that the Licensed
Software will perform in accordance with material operational specifications
described in the then current documentation.  Provided, however, that this
limited warranty shall not apply unless (i) the Software is installed,
implemented, and operated in accordance with all written instructions and
documentation supplied by ISS, (ii) Licensee notifies ISS in writing of any
nonconformity within ten (10) days of the appearance thereof, and (iii)
Licensee has promptly and properly installed all corrections, new versions
and updates made available by ISS to Licensee. Furthermore, this limited
warranty shall not apply to nonconformities arising from any of the following:
(i) misuse of the Software, (ii) modification of the Software, (iii) failure
by Licensee to utilize compatible computer and networking hardware and
software, or (iv) interaction with software or firmware not provided by ISS.
If Licensee timely notifies ISS in writing of any such nonconformity then ISS
shall repair or replace the Software as the sole and exclusive
remedy of Licensee for such nonconformity.  THIS WARRANTY GIVES
LICENSEE SPECIFIC LEGAL RIGHTS, AND LICENSEE MAY ALSO HAVE OTHER
RIGHTS WHICH VARY FROM STATE TO STATE.  ISS DOES NOT WARRANTY
THAT THE SOFTWARE WILL MEET LICENSEEÆS REQUIREMENTS, THAT THE
SOFTWARE WILL OPERATE IN THE CONFIGURATION WHICH LICENSEE MAY
SELECT FOR USE, THAT THE OPERATION OF THE SOFTWARE WILL BE
UNINTERRUPTED OR ERROR-FREE, OR THAT ALL SOFTWARE ERRORS WILL
BE CORRECTED.  THE REMEDIES SET OUT IN THIS SECTION 4 ARE THE
SOLE AND EXCLUSIVE REMEDIES FOR BREACH OF THIS LIMITED WARRANTY.

5. Warranty Disclaimer.  EXCEPT FOR THE LIMITED WARRANTY
PROVIDED ABOVE, ISS HEREBY DISCLAIMS ALL WARRANTIES, BOTH
EXPRESS AND IMPLIED, INCLUDING IMPLIED WARRANTIES RESPECTING
MERCHANTABILITY, TITLE, INFRINGEMENT AND FITNESS FOR A
PARTICULAR PURPOSE.  SOME STATES DO NOT ALLOW DISCLAIMERS OF
IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO
YOU.  LICENSEE EXPRESSLY ACKNOWLEDGES THAT NO REPRESENTATIONS
OTHER THAN THOSE CONTAINED IN THIS LICENSE HAVE BEEN MADE
REGARDING THE GOODS OR SERVICES TO BE PROVIDED HEREUNDER, AND
THAT LICENSEE HAS NOT RELIED ON ANY REPRESENTATION NOT
EXPRESSLY SET OUT IN THIS LICENSE.

6. Proprietary Rights.  ISS represents and warrants that ISS has the authority
to license the rights to the Software that are granted herein.  ISS shall
defend and indemnify Licensee from any award of costs and damages against
Licensee for any actions based on infringement of any U.S. copyright, trade
secret, or patent known to ISS as a result of the use or distribution of a
current, unmodified version of the Software; but only if ISS is promptly
notified in writing of any such suit or claim, and only if Licensee permits
ISS to defend, compromise, or settle same, and only if Licensee provides all
available information and reasonable assistance.  The foregoing is the
exclusive remedy of Licensee and states the entire liability of ISS with
respect to infringement and misappropriation by the Software.

7. Limitation of Liability.  Licensee acknowledges that some of the Software
is designed to test the security of computer networks and may disclose or
create problems in the operation of the systems tested.  Licensee accepts the
risk of such possibility and hereby waives all rights, remedies, and causes
of action against ISS and releases ISS from all liabilities arising therefrom.
ISSÆ ENTIRE LIABILITY FOR MONETARY DAMAGES ARISING OUT OF THIS
LICENSE SHALL BE LIMITED TO THE AMOUNT OF THE LICENSE FEES
ACTUALLY PAID BY LICENSEE UNDER THIS LICENSE PRORATED OVER A
THREE-YEAR TERM FROM THE DATE LICENSEE RECEIVED THE SOFTWARE.
IN NO EVENT SHALL ISS BE LIABLE TO LICENSEE UNDER ANY THEORY
INCLUDING CONTRACT AND TORT (INCLUDING NEGLIGENCE AND STRICT
PRODUCTS LIABILITY) FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES,
INCLUDING, BUT NOT LIMITED TO, COSTS OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES, DAMAGES FOR LOST PROFITS, LOSS
OF DATA, LOSS OF USE OR COMPUTER HARDWARE MALFUNCTION, EVEN IF
ISS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  Either
party may bring arising out of or relating to this License no action,
regardless of form, more than one (1) year after the cause of action has
accrued.

8. Termination.  Licensee may terminate this License at any time by
destroying all copies of the Software and associated documentation in
LicenseeÆs possession. All rights granted under this License will terminate
and expire immediately, without prior written notice from ISS, at the end of
the Term or earlier if Licensee fails to comply with any provisions of this
License. Upon termination or expiration of the Term, you must cease all use
of the Software and destroy all your copies of the Software and associated
documentation.

9. General Provisions. This License will be governed by the substantive laws
of the State of Georgia, USA, excluding the application of its conflicts of
law rules. This License will not be governed by the United Nations Convention
on Contracts for the International Sale of Goods, the application of which is
expressly excluded.  If any part of this License is found void and
unenforceable, it will not affect the validity of the balance of the License,
which shall remain valid and enforceable according to its terms.  This
License may only be modified in writing signed by an authorized officer of
ISS.

10. U.S. 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 ⌐(1) of
the Rights in Technical Data and Computer Software clause at DFARS
252.227-7013 or subparagraph ⌐(1) and (2) of the Commercial Computer
Software-Restricted Rights at 48 CFR 52.227-19 of FAR, or Clause 18-52.227-
86(d) of NASA Supplement to the FAR, as applicable.  Contractor/manufacturer
is Internet Security Systems, Inc., 6600 Peachtree-Dunwoody Road NE, 300
Embassy Row, Suite 500, Atlanta, GA 30328.

11. U.S. Export Controls. Licensee will not ship, transfer or export the
Software into any country or use the Software in any manner prohibited by
the United States Export Administration Regulations or any other export
laws, restrictions or regulations. Licensee understands that the foregoing
obligations are U.S. legal requirements and agrees that they shall survive
any term or termination of this product.

12. Nondisclosure. By virtue of this License Agreement, the parties may
have access to information that is confidential to one another
("Confidential Information"). A party's Confidential Information shall not
include information which: i) is or becomes a part of the public domain
through no act or omission of the other party; or ii) was in the other
party's lawful possession prior to the disclosure and had not been obtained
by the other party either directly or indirectly from the disclosing party;
or iii) is lawfully disclosed to the other party by a third party without
restriction on disclosure; or iv) is independently developed by the other
party The parties agree, both during the term of the License Agreement and
for a period of two years after termination of this License Agreement and of
all licenses granted hereunder, to hold each other's Confidential Information
in confidence. The parties agree not to make each other's Confidential
Information available in any form to any third party or to use each other's
Confidential Information for any purpose other than the implementation of
this License Agreement. Each party agrees to take all reasonable steps to
ensure that Confidential Information is not disclosed or distributed by its
employees or agents in violation of the provisions of this License
Agreement. Results of benchmark tests run by the Licensee for LicenseeÆs
benefit may be disclosed only with prior written approval by ISS.

13. Authority.  Because the Software is designed to test the security of
computer network systems and may disclose or create problems in the
operation of the systems tested, Licensee and the persons signing and/or
acting for Licensee represent and warrant that:  (a) they are fully
authorized by the Licensee and the owners of the computer network for which
the Software is licensed to enter into this License Agreement and to obtain
and operate the Software in order to test that computer network; and (b) the
Licensee and the owners of that computer network understand and accept the
risks involved.