End User License Agreement
SYMANTEC CORPORATION (“SYMANTEC”) IS WILLING TO LICENSE THE SOFTWARE THAT ACCOMPANIES THIS END USER LICENSE AGREEMENT (THE “SOFTWARE”) TO YOU AS AN INDIVIDUAL OR TO THE COMPANY OR LEGAL ENTITY THAT WILL BE UTILIZING THE SOFTWARE AND THAT YOU REPRESENT AS AN EMPLOYEE OR AUTHORIZED AGENT ("YOU,” “YOUR,” OR “LICENSEE") ONLY ON THE CONDITION THAT ALL OF THE TERMS OF THIS END USER LICENSE AGREEMENT (“AGREEMENT”) ARE ACCEPTED. READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND SYMANTEC. BY CLICKING ON THE "I DO AGREE" OR “YES” BUTTON OR LOADING THE SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, CLICK ON THE "I DO NOT AGREE" OR “NO” BUTTON AND DO NOT INSTALL OR USE THE SOFTWARE.
Please be sure to follow the usage instructions contained in the read-me file or any other user documentation that accompanies the Software (“Documentation”). All references to “Software” herein shall include any version of the Software (i.e., executable binary and/or source code version) that accompanies this Agreement, unless otherwise specified.
1. Limited License.
This Agreement contains the terms under which Symantec grants You a non-exclusive, temporary, royalty-free, non-assignable license for use of the Software (“License”). The Software and the Documentation are the proprietary and confidential property of Symantec or its licensors and are protected by copyright law. While Symantec continues to own the Software, You will have certain rights to use the Software after Your acceptance of this Agreement. All future releases, revisions, updates or enhancements shall be part of the Software under this Agreement in the absence of separate terms and conditions accompanying any such release, revision, update or enhancement provided by Symantec. This Agreement supersedes any other rights to use the Software that may be contained in the Documentation. Your rights and obligations with respect to the use of the Software are as follows:
In accordance with the terms and conditions set forth herein, You may:
A. use the Software executable binary in accordance with the Documentation for Your internal purposes;
B. use the source code version of the Software solely for purposes of (i) compiling such source code into executable binary form and (ii) verifying the contents of the Software executable binary provided by Symantec; and
C. make copies of the Software executable binary for internal use; provided, however, that You shall include on any copy of the executable binary made by You all notices concerning Symantec's copyrights and other intellectual property rights contained in the master copy of the Software received from Symantec.You agree that all copies of all or any part of the Software are and will be Symantec's (and its licensors') property.
You may not:
A. distribute, disclose, release, sublicense, rent or otherwise make the Software or any portion thereof available in any manner to any third party;
B. modify, translate or make derivative works of the Software;
C. alter the destination address of the upload server for the Data (as defined below) from the default setting contained in the Software; or.
D. use the Software in any manner not authorized by this Agreement.
2. Log Data. You acknowledge and agree that by using the Software, certain log data (“Data”) from Your security devices, including but not limited to information regarding Your security software version, time, date and type of attack, count, source IP address, source port, destination port and destination IP address (unless you select the option to remove the IP address information from the Data), will be automatically uploaded and sent to Symantec. You agree that Symantec has the unlimited, royalty-free right to use the Data for any purpose, including but not limited to the purposes of providing certain correlation information to You through Symantec’s DeepSight Analyzer product (provided that You have obtained a license to such product from Symantec and are using such product in accordance with its terms), distributing the Data to Symantec customers for purposes of providing computer security information, analyzing statistical trending of Internet attacks on a specific and aggregate basis for purposes of internal research and product development and for providing services to Symantec’s customers, and disseminating general information to Symantec’s customers and the public regarding computer security issues. Symantec may also distribute the Data along with other data provided by You in connection with Your registration for or use of the DeepSight Analyzer product.
3. Support. Technical support and customer service for the Software is not available and will not be provided by Symantec.
4. Limited Warranty; Limitation of Liability. THE SOFTWARE IS PROVIDED AS IS, EXCLUSIVE OF ANY WARRANTY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR ANY OTHER WARRANTY, WHETHER EXPRESSED OR IMPLIED. SYMANTEC SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR ANTICIPATED PROFITS) ARISING FROM ANY CAUSE RELATED TO THE SOFTWARE.
5. Termination of Limited License. Symantec may terminate the right to use the Software immediately upon written or verbal notice to Licensee. In such event, Licensee shall discontinue all use of the Software and return all copies of the Software to Symantec and/or certify destruction of the Software.
6. No Fee. There will be no charge to You for the license rights granted herein.
7. U.S. Government Restricted Rights. RESTRICTED RIGHTS LEGEND. All Symantec products and documentation are commercial in nature. The software and software documentation are "Commercial Items", as that term is defined in 48 C.F.R. section 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are defined in 48 C.F.R. section 252.227-7014(a)(5) and 48 C.F.R. section 252.227-7014(a)(1), and used in 48 C.F.R. section 12.212 and 48 C.F.R. section 227.7202, as applicable. Consistent with 48 C.F.R. section 12.212, 48 C.F.R. section 252.227-7015, 48 C.F.R. section 227.7202 through 227.7202-4, 48 C.F.R. section 52.227-14, and other relevant sections of the Code of Federal Regulations, as applicable, Symantec's computer software and computer software documentation are licensed to United States Government end users with only those rights as granted to all other end users, according to the terms and conditions contained in this Agreement. Manufacturer is Symantec Corporation, 20330 Stevens Creek Boulevard, Cupertino, CA95014.