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- Network Associates 30-Day Evaluation License Agreement
- *** VirusScan for Windows 95 v3.2.0 ***
- Copyright (c) 1998 Network Associates, Inc. and its
- Affiliated Companies. All Rights Reserved.
-
- THIS IS AN EVALUATION COPY OF THIS SOFTWARE. You may
- use this software for only thirty (30) days, after
- which period you must either buy the software from
- Network Associates, Inc. or stop using it and remove
- it from your computer.
-
- NOTICE TO ALL USERS: CAREFULLY READ THE FOLLOWING LEGAL
- AGREEMENT ("AGREEMENT"), WHICH SETS FORTH LICENSE TERMS
- FOR THE NETWORK ASSOCIATES SOFTWARE IDENTIFIED IN THE
- HEADING ABOVE ("SOFTWARE"). BY INSTALLING THE SOFTWARE,
- YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) CONSENT
- TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT WITH
- NETWORKS ASSOCIATES, INC. ("NETWORK ASSOCIATES"). IF YOU
- DO NOT AGREE TO ALL OF ITS TERMS, DO NOT INSTALL THE
- SOFTWARE, OR DESTROY ALL COPIES OF THE SOFTWARE THAT YOU
- HAVE INSTALLED. IF APPLICABLE, YOU MAY RETURN THE PRODUCT
- TO THE PLACE OF PURCHASE FOR A FULL REFUND. Your right to
- use the Software is limited. If you have already downloaded
- and installed evaluation copies of this or prior versions
- of the Software, you may not use this Software and must
- immediately cease using this copy and destroy it. To
- obtain full-use rights, you must pay for the Software
- and enter a valid End User License Agreement with
- Network Associates concerning such use.
-
- 1. License Grant. Subject to the terms and conditions of
- this Agreement, Network Associates 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") solely
- for your internal evaluation purposes during the term of
- this Agreement. 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").
-
- a. Single Use. Except as expressly set forth in
- subsection B below, 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 computer 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 disc,
- or other storage device) of that Client Device.
-
- b. Server Use. To the extent that the product is
- designed and intended solely or principally
- for use on a file server or as server software
- ("Server"), you may use the Software on a Client
- Device or as a server within a multi-user or
- networked environment ("Server Use") for either
- (i) connecting, directly or indirectly, to
- not more than the maximum number of specified
- Client Devices, or (ii) deploying not more than
- the maximum number of agents (pollers) specified
- for deployment in any accompanying packaging
- materials or other documents that purport to
- set forth other Server Use terms.
-
- 2. Term. This Agreement is effective for thirty (30)
- days following the date you installed the Software
- unless you or Network Associates terminates the
- Agreement earlier in accordance withe the terms
- set forth herein. This Agreement will terminate
- automatically if you fail to comply with any of the
- limitations or other requirements described herein.
- Upon termination, you must destroy all copies of the
- Software and Documentation. You may terminate this
- Agreement at any point by destroying the Software
- and Documentation together with all copies of the
- Software and Documentation.
-
- 3. Ownership Rights. The Software is protected by United
- States copyright laws and international treaty
- provisions. Network Associates 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. You acknowledge that your
- possession, installation, or use of the Software
- does not transfer to you any title to the intellectual
- property in the Software, and that you will not acquire
- any rights to the Software except as expressly set forth
- in this Agreement. You agree that any copies of the
- Software and Documentation will contain the same
- proprietary notices that appear on and in the Software
- and Documentation.
-
- 4. 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
- that the applicable product invoicing or packaging permits
- such use. 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
- that 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 Network
- Associates. Network Associates reserves the right to
- periodically conduct audits upon advance written notice to
- verify compliance with the terms of this Agreement.
-
-
- 5. Warranty Disclaimer. BECAUSE THIS IS AN EVALUATION COPY,
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE
- SOFTWARE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY
- OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE
- FOREGOING PROVISIONS, 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, NETWORK ASSOCIATES 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. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
- LAW, NETWORK ASSOCIATES 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. 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.
-
- 6. Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER
- NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE,
- SHALL NETWORK ASSOCIATES 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 NETWORK
- ASSOCIATES BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE LIST
- PRICE NETWORK ASSOCIATES CHARGES FOR A LICENSE TO THE
- SOFTWARE, EVEN IF NETWORK ASSOCIATES 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
- MIGHT NOT APPLY TO YOU. The foregoing provisions shall be
- enforceable to the maximum extent permitted by applicable
- law.
-
-
- 7. 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.
-
- 8. Export Controls. Neither the Software nor the Documentation
- or any 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 provisions 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 THAT 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
- NETWORK ASSOCIATES HAS NO FURTHER RESPONSIBILITY AFTER
- THE INITIAL SALE TO YOU WITHIN THE ORIGINAL COUNTRY OF
- SALE.
-
- 9. 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"). Network Associates expressly disclaims any
- express or implied warranty of fitness for High Risk
- Activities.
-
- 10. 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 Network Associates.
- No provision hereof shall be deemed waived unless such
- waiver shall be in writing and signed by Network Associates
- or a duly authorized representative of Network Associates.
- 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.
-
- 11. NETWORK ASSOCIATES CUSTOMER CONTACT. If you have any
- questions concerning these terms and conditions, or if you
- would like to contact Network Associates for any other
- reason, please call (408) 988-3832, fax (408) 970-9727,
- write Network Associates, Inc., McCandless Towers,
- 3965 Freedom Circle, Santa Clara, California 95054-1203,
- or visit the Network Associates website at
- http://www.nai.com.
-
-