Norton AntiVirus or Norton Internet Security
IMPORTANT: PLEASE READ THE TERMS AND
CONDITIONS OF THIS LICENSE AGREEMENT (“LICENSE AGREEMENT”)
CAREFULLY BEFORE USING THE SOFTWARE (AS DEFINED BELOW). SYMANTEC CORPORATION,
IF YOU ARE LOCATED IN THE AMERICAS; OR SYMANTEC ASIA PACIFIC PTE LTD, IF YOU
ARE LOCATED IN THE ASIA PACIFIC RIM OR JAPAN; OR SYMANTEC LIMITED, IF YOU ARE
LOCATED IN EUROPE, THE MIDDLE EAST OR AFRICA (“SYMANTEC”) IS WILLING
TO LICENSE THE SOFTWARE TO YOU AS THE INDIVIDUAL, THE COMPANY, OR THE LEGAL
ENTITY THAT WILL BE UTILIZING THE SOFTWARE (REFERENCED BELOW AS
“YOU” OR “YOUR”) ONLY ON THE CONDITION THAT YOU ACCEPT
ALL OF THE TERMS OF THIS LICENSE AGREEMENT. THIS IS A LEGAL AND ENFORCEABLE
CONTRACT BETWEEN YOU AND SYMANTEC. BY OPENING THIS PACKAGE, BREAKING THE SEAL,
CLICKING THE “I AGREE” OR “YES” BUTTON OR OTHERWISE
INDICATING ASSENT ELECTRONICALLY, OR LOADING THE SOFTWARE, YOU AGREE TO THE
TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THESE
TERMS AND CONDITIONS, CLICK THE “CANCEL” OR “NO” OR
“CLOSE WINDOW” BUTTON OR OTHERWISE INDICATE REFUSAL, MAKE NO
FURTHER USE OF THE SOFTWARE, AND CONTACT YOUR VENDOR OR SYMANTEC CUSTOMER
SERVICE, USING THE CONTACT DETAILS IN SECTION 10 OF THIS LICENSE AGREEMENT, FOR
INFORMATION ON HOW TO OBTAIN A REFUND OF THE MONEY YOU PAID FOR THE SOFTWARE
(LESS SHIPPING, HANDLING, AND ANY APPLICABLE TAXES EXCEPT IN CERTAIN STATES AND
COUNTRIES WHERE SHIPPING, HANDLING, AND TAXES ARE REFUNDABLE) AT ANY TIME
DURING THE SIXTY (60) DAY PERIOD FOLLOWING THE DATE OF PURCHASE.
The software (including any
accompanying features and services) and documentation (including any product
packaging) (the “Documentation”), that accompanies this License
Agreement (collectively the “Software”) is the property of Symantec
or its licensors, and is protected by copyright law. Although Symantec
continues to own the Software, after Your acceptance of this License Agreement
You will have certain rights to use the Software during the Service Period. The
“Service Period” shall begin on the date of Your initial
installation of the Software on a computer, mobile or mobile computing device
(a “Device”), regardless of the number of copies that You are
permitted to use in accordance with Section 1.A of this License Agreement, and
shall last for the period of time set forth in the Documentation or the
applicable transaction documentation from the authorized distributor or
reseller from which You obtained the Software. The Software may automatically
deactivate and become non-operational at the end of the Service Period, and You
will not be entitled to receive any feature or content updates to the Software
unless the Service Period is renewed. Subscriptions for renewals of the Service
Period will be available in accordance with Symantec’s support policy
posted at http://www.symantec.com/norton/support/technical_support_policy.jsp.
This License Agreement governs
any releases, revisions, updates or enhancements to the Software that Symantec
may make available to You. Except as may be modified by the Documentation, and
subject to Symantec’s right to terminate for Your breach pursuant to
Section 9, Your rights and obligations under this License Agreement with respect
to the use of this Software are as follows.
During the Service Period, You
may:
A. use one copy of the Software
on a single Device. If a greater number of copies and/or number of Devices is
specified within the Documentation or the applicable transaction documentation
from the authorized distributor or reseller from which You obtained the
Software, You may use the Software in accordance with such specifications;
B. make one copy of the Software
for back-up or archival purposes, or copy the Software onto the hard disk of
Your Device and retain the original for back-up or archival purposes;
C. use the Software on a network,
provided that You have a licensed copy of the Software for each Device that can
access the Software over that network;
D. permanently transfer all of
Your rights in the Software granted under this License Agreement to another
person or entity, provided that You retain no copies of the Software and the
transferee agrees to
the terms of this License
Agreement. Partial transfer of Your rights under this License Agreement shall
not be permitted. For example, if the applicable documentation grants You the
right to use multiple copies of the Software, only a transfer of the rights to
use all such copies of the Software would be valid; and
E. use the Software in accordance
with any additional permitted uses which may be set forth below.
You may not, nor may you permit
any other person to:
A. sublicense, rent or lease any
portion of the Software;
B. reverse engineer, decompile,
disassemble, modify, translate, make any attempt to discover the source code of
the Software or create derivative works from the Software;
C. use the Software as part of a
facility management, timesharing, service provider or service bureau
arrangement; or
D. use the Software in any manner
that is not permitted pursuant to this License Agreement.
A. You shall have the right to
receive new features to the Software as Symantec, in its sole discretion, makes
such features available with the Software during Your Service Period. Symantec
continually strives to improve the usability and performance of its products
and services. In order to optimize the Software Symantec may, at its discretion
and without notice, add, modify or remove features from the Software at any
time.
B. Certain Software uses content
that is updated from time to time, including but not limited to the following
Software: antivirus and crimeware software use
updated virus definitions; antispyware software uses updated spyware
definitions; antispam software uses updated antispam rules; content filtering and antiphishing
software use updated URL lists; some firewall software use updated firewall
rules; vulnerability assessment products use updated vulnerability data and web
site authentication software uses updated lists of authenticated web pages;
these updates are collectively referred to as “Content Updates” (or
alternatively referred to as “Protection Updates” or
“Security Updates” at times). You shall have the right to receive
Content Updates for the Software during Your Service Period.
A. During the installation
process, the Software may uninstall or disable other security products, or
features thereof, if such products or features are incompatible with the
Software or for purposes of improving the overall functionality of the
Software.
B. There may be technological
measures in this Software that are designed to prevent unlicensed or illegal
use of the Software. You agree that Symantec may use these measures to protect
Symantec against software piracy. This Software may contain enforcement
technology that limits the ability to install and uninstall the Software on a
Device to not more than a finite number of times for a finite number of
Devices. This License Agreement and the Software containing enforcement
technology may require activation as further set forth in the Documentation. If
so, the Software will only operate for a finite period of time prior to
Software activation by You. During activation, You may be required to provide
Your unique activation code accompanying the Software and Device configuration
in the form of an alphanumeric code over the Internet to verify the
authenticity of the Software. If You do not complete the activation within the
finite period of time set forth in the Documentation, or as prompted by the
Software, the Software will cease to function until activation is complete; at
which time the Software functionality will be restored. In the event that You
are not able to activate the Software over the Internet, or through any other
method specified during the activation process, You may contact Symantec
Customer Support using the information provided by Symantec during activation,
or as set forth below.
4. Technical Support:
Certain technical support
features may be offered from within the Software and which may include live
chat with a technical support agent and/or assistance from a technical support
agent via remote computer access (any such technical support offered from
within the Software shall be referred to in this License Agreement as the
“Technical Support”). If such features are offered and You choose
to access such
Technical Support the following
terms shall apply. Any such Technical Support shall be provided in
Symantec’s sole discretion without any guarantee or warranty of any kind.
It is solely Your responsibility to complete a backup of all Your existing
data, software and programs before receiving any Technical Support. In the
course of providing the Technical Support, Symantec may determine that the
technical issue is beyond the scope of the Technical Support. Symantec reserves
the right to refuse, suspend or terminate any of the Technical Support in its
sole discretion.
If You are the original licensee
of this copy of the Software and are not completely satisfied with it for any
reason, please make no further use of the Software and contact Symantec
Customer Service, using the contact details set out in Section 10 of this
License Agreement, for a refund of the money You paid for the Software (less
shipping, handling, and any applicable taxes except in certain states and
countries where shipping, handling and taxes are refundable) at any time during
the sixty (60) day period following the date of purchase.
Symantec warrants that any media
manufactured by Symantec on which the Software is distributed will be free from
defects for a period of sixty (60) days from the date of delivery of the
Software to You. Your sole remedy in the event of a breach of this warranty
will be that Symantec will, at its option, replace any defective media returned
to Symantec within the warranty period or refund the money You paid for the
Software. Symantec does not warrant that the Software will meet Your
requirements or that operation of the Software will be uninterrupted or that
the Software will be error-free.
TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ABOVE WARRANTY IS EXCLUSIVE AND
IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THIS WARRANTY GIVES YOU
SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO
STATE AND COUNTRY TO COUNTRY.
SOME STATES
AND COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE BELOW LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU.
TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY
SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SYMANTEC OR
ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, OR
SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE
OR INABILITY TO USE THE SOFTWARE EVEN IF SYMANTEC HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
IN NO CASE
SHALL SYMANTEC’S OR ITS LICENSORS’ LIABILITY EXCEED THE PURCHASE
PRICE WHICH YOU PAID FOR THE APPLICABLE SERVICE PERIOD. The disclaimers and
limitations set forth above will apply regardless of whether You accept the
Software.
For U.S. Government procurements,
the Software is deemed to be commercial computer software as defined in FAR
12.212 and subject to restricted rights as defined in FAR Section
52.227-19 "Commercial Computer Software - Restricted Rights" and
DFARS 227.7202, “Rights in Commercial Computer Software or Commercial
Computer Software Documentation”, as applicable, and any successor
regulations. Any use, modification, reproduction release, performance, display
or disclosure of the Software by the U.S. Government shall be solely in
accordance with the terms of this License Agreement.
You acknowledge that the Software
and related technical data and services (collectively "Controlled
Technology") may be subject to the import and export laws of the United
States, specifically the U.S. Export Administration Regulations (EAR), and the
laws of any country where Controlled Technology is imported or re-exported. You
agree to comply with all relevant laws and will not export any Controlled
Technology in contravention to U.S. law nor to any prohibited country, entity,
or person for which an export license or other governmental approval is
required. All Symantec product is prohibited for export or re-export to Cuba,
North Korea, Iran, Syria and Sudan and to any country subject to relevant trade
sanctions. USE OR FACILITATION OF SYMANTEC PRODUCT IN CONNECTION WITH ANY
ACTIVITY INCLUDING, BUT NOT LIMITED TO, THE DESIGN, DEVELOPMENT, FABRICATION,
TRAINING, OR TESTING OF CHEMICAL, BIOLOGICAL, OR NUCLEAR MATERIALS, OR
MISSILES, DRONES, OR SPACE LAUNCH VEHICLES CAPABLE OF DELIVERING WEAPONS OF
MASS DESTRUCTION IS PROHIBITED, IN ACCORDANCE WITH U.S. LAW.
This License Agreement will be
governed by the laws of the State of California, United States of America. This
License Agreement is the entire agreement between You and Symantec relating to
the Software and: (i) supersedes all prior or
contemporaneous oral or written communications, proposals, and representations
with respect to its subject matter; and (ii) prevails over any conflicting or
additional terms of any quote, order, acknowledgment, or similar communications
between the parties. Notwithstanding the foregoing, nothing in this License
Agreement will diminish any rights You may have under existing consumer
protection legislation or other applicable laws in Your jurisdiction that may
not be waived by contract. This License Agreement shall terminate upon Your
breach of any term contained in this License Agreement and You shall cease use
of and destroy all copies of the Software and Documentation. The disclaimers of
warranties and damages and limitations on liability shall survive termination.
This License Agreement may only be modified by the Documentation or by a
written document that has been signed by both You and Symantec. Should You have
any questions concerning this License Agreement, or if You desire to contact
Symantec for any reason, please write to Symantec Customer Service, 555
International Way, Springfield, OR 97477, U.S.A. or visit the Support page at www.symantec.com .
ADDITIONAL
TERMS AND CONDITIONS. Your use of
the Software is subject to the terms and conditions below in addition to those
stated above.
From time to time, the Software
may collect certain information from the Device on which it is installed, which
may include:
- Information on potential security risks as well as URLs of
websites visited that the Software deems potentially fraudulent. The URLs could
contain personally identifiable information that a potentially fraudulent
website is attempting to obtain without Your permission. This information is
collected by Symantec for the purpose of delivering the functionalities of the
software, and also for evaluating and improving the ability of Symantec’s
products to detect malicious behavior, potentially fraudulent websites and
other Internet security risks. URLs of websites visited as well as search
keywords and search results only if the Norton Safe Web feature is enabled.
This information is collected by Symantec for the purpose of providing
protection and of evaluating and advising You regarding potential threats and
risks that may be associated with a particular Web site before You view it.
- Executable files and files that contain executable content that
are identified as potential malware, including information on the actions taken
by such files at the time of installation. These files are submitted to
Symantec using the Software’s automatic submission function. The
collected files could contain personally identifiable information that has been
obtained by the malware without Your permission. Files of this type are being
collected by Symantec only for the purpose of improving the ability of
Symantec’s products to detect malicious behavior. Such automatic
submission function may be
deactivated after installation by following the instructions in the
Documentation for applicable products.
- The name given to the Device during the initial setup of such
Device. If collected, the name will be used by Symantec as an account name for
the Device under which You may elect to receive additional services and/or
under which You may use certain features of the Software. You may change such
account name at any time after installation of the Software (recommended).
- Status information regarding installation and operation of the
Software. This information indicates to Symantec whether installation of the
Software was successfully completed as well as whether the Software has
encountered an error. The status information could contain personally
identifiable information only if such information is included in the name of
the file or folder encountered by the Software at the time of installation or
error. The status information is collected by Symantec for the purpose of
evaluating and improving Symantec’s product performance and installation
success rate. Symantec may also use this information to optimize its web-pages.
- Information contained in email messages that you send through the
Software to Symantec to report as spam or as incorrectly identified as spam.
These email messages may contain personally identifiable information and will
be sent to Symantec only with your permission, and will not be sent
automatically. If you send such messages to Symantec, Symantec will use them
only for the purpose of improving the detection ability of Symantec’s antispam technology. Symantec will not correlate these
files with any other personally identifiable information.
- Information contained in a report that You may choose to send
through the Software to Symantec when the Software encounters a problem. The
report includes information regarding the status of both the Software and Your
Device at the time that the Software encountered the problem. The status
information about Your Device may include the system language, country locale,
and the operating system version for Your Device, as well as the processes
running, their status and performance information, and data from files or
folders that were open at the time the Software encountered the problem. The
information could contain personally identifiable information if such
information is included in, or is a part of the name of the files or folders
open at the time the Software encountered the problem. This information will be
sent to Symantec only with Your permission, and will not be sent automatically.
The information is collected by Symantec for the purpose of correcting the
encountered problem and improving Symantec’s product performance. This
information will not be correlated with any personally identifiable
information.
- The Internet Protocol (IP) address and/or Media Access Control
(MAC) address and the Machine ID of the computer on which the Software is
installed to enable the Software to function and for license administration
purposes.
Other general, statistical
information used for product analysis, and for improving product functionality.
Unless it is expressly defined as
optional, the collected information as set out above is necessary for the
purpose of the functionality of Symantec’s products.
Information may be transferred to
the Symantec group in the United States or other countries that may have less
protective data protection laws than the region in which You are situated
(including the European Union) and may be accessible by Symantec employees or
contractors exclusively to be used in accordance with the purposes described
above. For the same purposes the information may be shared with partners and
vendors that process information on behalf of Symantec. Symantec has taken
steps so that the collected information, if transferred, receives an adequate
level of protection.
Subject to applicable laws,
Symantec reserves the right to cooperate with any legal process and any law
enforcement or other government inquiry related to your use of this Software.
This means that Symantec may provide documents and information relevant to a
court subpoena or to a law enforcement or other government investigation. In
order to promote awareness, detection and prevention of Internet security
risks, Symantec may share certain information with research organizations and
other security software vendors. Symantec may also use statistics derived from
the information to track and publish reports on security risk trends. By using
the Software, You acknowledge and agree that Symantec may collect, transmit, store,
disclose and analyze such information for these purposes.
CPS / S 5.0 / USE