THIS END USER LICENSE AGREEMENT FOR ZONEALARM STANDARD VERSION ("Agreement") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER ON BEHALF OF YOURSELF AS AN INDIVIDUAL OR ON BEHALF OF A NOT-FOR-PROFIT ENTITY AS ITS AUTHORIZED REPRESENTATIVE) AND ZONE LABS, INC. ("Zone Labs") FOR THE ZONEALARM STANDARD SOFTWARE ("Software"). The term "Software" also shall include any upgrades, modified versions or updates of the Software licensed to you by ZONE LABS. Any downloading or installation of the Software is subject to compliance with the terms and conditions of this agreement and all applicable laws and regulations. PLEASE READ THIS AGREEMENT CAREFULLY AND PRINT OUT A COPY FOR YOUR RECORDS. THIS AGREEMENT SUPERSEDES PREVIOUS VERSIONS.
BY CHECKING THE AGREEMENT CHECKBOX BELOW AND CLICKING "INSTALL", INSTALLING THE SOFTWARE, COPYING OR OTHERWISE USING THE SOFTWARE YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT REGARDING YOUR USE OF THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, CLICK ON THE "CANCEL" BUTTON AND/OR DO NOT INSTALL, COPY OR OTHERWISE USE THE SOFTWARE. IF YOU ARE A FOR-PROFIT ENTITY, GOVERNMENTAL ENTITY, OR EDUCATIONAL INSTITUTION, PLEASE CLICK ON THE "CANCEL" BUTTON AND REFER TO ZONE LABSÆ OTHER SOFTWARE PRODUCT OFFERINGS.
1. INSTALLATION. Subject to the license granted in Sectioná2 ("Grant of License"), you may only install this software for (i)áyour personal home use, or (ii)áfor use for the benefit of a not-for-profit charitable entity (as set forth in U.S.C., Titleá26, Section 501(c)(3) (excluding governmental entities and educational institutions)). If you are a for-profit entity, governmental entity, or educational institution, please click on the "Cancel" button and refer to Zone LabsÆ other software product offerings. The Software is deemed accepted by you upon download of the Software.
2. GRANT OF LICENSE: Subject to the terms of this Agreement, Zone Labs hereby grants you a non-exclusive, non-transferable, royalty-free, perpetual (subject to Sectioná9 ("Termination")) license to: (i)áinstall and use the Software on a single computer for your personal home use or for internal use for the benefit of a not-for-profit charitable entity (as set forth in U.S.C., Titleá26, Section 501(c)(3) (excluding governmental entities and educational institutions)), and in no event for the benefit of a company, for-profit entity, governmental entity, or educational institution; and (ii)ácopy the Software for back-up or archival purposes.
3. LICENSE RESTRICTIONS: You acknowledge that the foregoing license extends only to your use of the features and functionality of the Software as described in the online documentation accompanying the downloadable version of the Software (the "Documentation"), and you agree not to reconfigure or modify the Software in order to enable features or functionality different than those described in such Documentation or available in other Zone Labs products without notifying Zone Labs and paying the applicable Software upgrade fee. You may not: (i)áreverse engineer, decompile, or disassemble the Software; (ii)ámodify, or create derivative works based upon the Software in whole or in part; (iii)ádistribute copies of the Software; (iv)áremove any proprietary notices or labels on the Software; or (v)áresell, lease, rent, transfer, sublicense, or otherwise transfer rights to the Software. Any use in violation of this Section shall immediately terminate your license to the Software.
4. THIRD PARTY SOFTWARE: Certain third party software included with the Software is subject to additional terms and conditions imposed by Zone LabsÆ third party licensor(s). Such terms and conditions are contained in the "About" pages of the Software and are deemed incorporated herein by reference. You agree to comply with all applicable terms and conditions.
5. TITLE: You acknowledge that no title to the intellectual property in the Software is transferred to you. Title, ownership, rights, and intellectual property rights in and to the Software shall remain in Zone Labs and/or Zone LabsÆ licensors. The Software is protected by copyright and patent laws of the United States and international treaties.
6. UPDATES. You acknowledge and agree that Zone Labs does not make technical support available to you pursuant to this license. From time to time, Zone Labs may, in Zone LabsÆ sole discretion, make available updates to the Software. If you are an individual or not-for-profit charitable entity (as set forth in U.S.C., Titleá26, Section 501(c)(3) (excluding governmental entities and educational institutions)), you may download and install or otherwise use such updates to the Software. All updates to the Software are governed by this Agreement, unless other license terms are provided with the update.
7. DISCLAIMER OF WARRANTY: The Software is provided to you at no, or minimal charge. YOU AGREE THAT ZONE LABS HAS MADE NO EXPRESS WARRANTIES, ORAL OR WRITTEN, TO YOU REGARDING THE PRODUCTS AND THAT THE PRODUCTS ARE BEING PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. ZONE LABS DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. THIS WARRANTY DISCLAIMER AFFECTS YOUR LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
8. LIMITATION OF LIABILITY: IN NO EVENT SHALL ZONE LABS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE SOFTWARE OR THE USE THEREOF INCLUDING BUT NOT LIMITED TO LOST PROFITS OR OTHER ECONOMIC LOSS, EVEN IF ZONE LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ZONE LABSÆ LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, PROVIDED, HOWEVER, IF THE RELEVANT SOFTWARE WAS PROVIDED TO YOU AT NO CHARGE YOU AGREE THAT ZONE LABS SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ADEQUATE PROTECTION AND BACKUP OF THE DATA AND EQUIPMENT USED IN CONNECTION WITH THE SOFTWARE, AND FURTHER AGREE THAT ZONE LABS WILL NOT BE LIABLE FOR ANY DAMAGES THAT YOU MAY SUFFER IN CONNECTION WITH DOWNLOADING, INSTALLING, OR USING THE SOFTWARE. IF YOU ARE A FOR-PROFIT ENTITY, GOVERNMENTAL ENTITY OR EDUCATIONAL INSTITUTION, YOU FURTHER ACKNOWLEDGE THAT YOU ARE PROVIDED A REASONABLE TIME FRAME TO EVALUATE THE SOFTWARE AND AT THE END OF SUCH INTRODUCTORY PERIOD YOU MAY ONLY ACCESS AND USE THE SOFTWARE IF YOU PURCHASE A LICENSE TO THE SOFTWARE. YOU AGREE THAT ZONE LABS WILL NOT BE LIABLE FOR ANY DAMAGE THAT YOU MAY SUFFER IN CONNECTION WITH THE TERMINATION OF SUCH INTRODUCTORY PERIOD AND YOUR INABILITY TO ACCESS AND USE THE SOFTWARE. THIS LIMITATION SHALL APPLY TO CLAIMS OF PERSONAL INJURY TO THE EXTENT PERMITTED BY LAW. THE LIMITATIONS IN THIS SECTION ARE SEPARATE AND INDEPENDENT OF ANY OTHER REMEDY LIMITATIONS IN THIS AGREEMENT AND SHALL NOT FAIL IF SUCH OTHER LIMITATION ON REMEDY FAILS. THE PROVISIONS IN THIS AGREEMENT REFLECT THE ALLOCATION OF RISKS BETWEEN THE PARTIES. THIS SECTION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
9. TERMINATION: This Agreement shall terminate automatically if you fail to comply with the terms of this Agreement. No notice shall be required from Zone Labs to effectuate such termination. You may also terminate this Agreement at any time by notifying Zone Labs in writing of termination. Upon termination you must uninstall and destroy all copies of the Software.
10. MISCELLANEOUS:
10.1 SEVERABILITY. In the event of invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement.
10.2 WAIVER. No term or provision hereof will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing signed on behalf of the party against whom the waiver is asserted. No consent by either party to, or waiver of, a breach by either party, whether express or implied, will constitute a consent to, waiver of, or excuse of any other, different or subsequent breach by either party.
10.3 SURVIVAL. All defined terms and Sectionsá3á("License Restrictions"), 4á("Third Party Software"), 5á("Title"), 7á("Disclaimer of Warranty"), 8á("Limitation of Liability"), 9á("Termination") and 10á("Miscellaneous") shall survive any termination of this Agreement.
10.4 COMPLIANCE WITH EXPORT CONTROL LAWS. You acknowledge that Software is subject to the export control laws and regulations of the United States ("U.S.") and agree to abide by those laws and regulations. Under U.S. law, the Software may not be downloaded or otherwise exported, reexported, or transferred to restricted countries, restricted end-users, or for restricted end-uses. The U.S. currently has embargo restrictions against Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria. The lists of restricted end-users are maintained on the U.S. Commerce DepartmentÆs Denied Persons List, the Commerce DepartmentÆs Entity List, the Commerce DepartmentÆs List of Unverified Persons, and the U.S. Treasury DepartmentÆs List of Specially Designated Nationals and Blocked Persons. In addition, the Software may not be downloaded or otherwise exported, reexported, or transferred to an end-user engaged in activities related to weapons of mass destruction. Such activities include but are not necessarily limited to activities related to: (1)áthe design, development, production or use of nuclear materials, nuclear facilities, or nuclear weapons; (2)áthe design, development, production or use of missiles or support of missile projects; and (3)áthe design, development, production, or use of chemical or biological weapons. By downloading or using the Software, you are agreeing to the foregoing. You are also warranting that you are not (i)álocated in, or a resident or national of, a restricted country; (ii)áon any of the U.S. lists of restricted end-users; or (iii)áengaged in any activity related to weapons of mass destruction. You understand that the requirements and restrictions of U.S. law as applicable to you may vary depending on the software downloaded and may change over time, and that, to determine the precise controls applicable to the software, it is necessary to refer to the U.S. Export Administration Regulations and the U.S. Foreign Assets Control Regulations.
10.5 U.S. GOVERNMENT RIGHTS. The Software under this Agreement is commercial computer software as that term is described in 48 C.F.R. 252.227-7014(a)(1). If acquired by or on behalf of a civilian agency, the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of this Agreement as specified in 48 C.F.R. 12.212 (Computer Software) and 12.211 (Technical Data) of the Federal Acquisition Regulations ("FAR") and its successors. If acquired by or on behalf of any agency within the Department of Defense ("DOD"), the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of this Agreement as specified in 48 C.F.R. 227.7202?3 of the DOD FAR Supplement ("DFAR") and its successors.
10.6 GOVERNING LAW. This Agreement will be governed by the laws of the State of California as they are applied to agreements between California residents entered into and to be performed entirely within California. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.
10.7 ENTIRE AGREEMENT. You agree that this is the entire agreement between you and Zone Labs, and that it supersedes any prior agreement, whether written or oral, and all other communications between Zone Labs and you relating to the subject matter of this Agreement. This Agreement may be amended, modified or supplemented only by a writing that is signed by the authorized representatives of both parties.
10.8 RESERVATION OF RIGHTS. All rights not expressly granted in this Agreement are reserved by Zone Labs.
⌐1998-2003 Zone Labs, Inc., 1060áHoward Street, San Francisco, CA 94103 USA. All rights reserved. All trademarks and/or service marks of Zone Labs used in connection with the Software (including but not limited to TrueVector, ZoneAlarm, Zone Labs and the Zone Labs logo) are trademarks and registered trademarks of Zone Labs, Inc. in the United States and other countries. The Software is protected by U.S. Patent No.á5,987,611.
