NORTON LICENSE AGREEMENT
IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT (“LICENSE AGREEMENT”) CAREFULLY BEFORE USING THE SOFTWARE AND SERVICES (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 AND SERVICES TO YOU AS THE INDIVIDUAL, THE COMPANY, OR THE LEGAL ENTITY THAT WILL BE UTILIZING THE SOFTWARE AND SERVICES (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 BY LOADING OR USING THE SOFTWARE AND SERVICES OR OTHERWISE USING THE SOFTWARE AND SERVICES, 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, OR DO NOT DOWNLOAD OR MAKE FURTHER USE OF THE SOFTWARE AND SERVICES.
The software and services and documentation, (including any product packaging) (the “Documentation”), that accompanies this License Agreement (collectively the “Software and Services”) is the property of Symantec or its licensors, and is protected by copyright law. Although Symantec or its licensors continues to own the Software and Services, after Your acceptance of this License Agreement You will have certain rights to use the Software and Services on a computer, virtual environment, mobile or mobile computing device (a “Device”) for as long as Symantec maintains and makes the Software and Services available to You. All rights not expressly granted to You are retained by Symantec and/or its licensors. This License Agreement governs any releases, revisions, or enhancements to the Software and Services, that Symantec may furnish to You. Your rights and obligations under this License Agreement with respect to the use of the Software and Services shall be as follows.
A. use one copy of the Software and Services 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 and Services, You may use the Software and Services 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 and Services on a network, provided that You have a licensed copy of the Software and Services for each Device that can access the Software and Services over that network;
D. permanently transfer all of Your rights in the Software and Services granted under this License Agreement to another person or entity, provided that You retain no copies of the Software and Services and the transferee agrees to all the terms of this License Agreement. For the avoidance of doubt, if the Software and Services being transferred is part of a multiple product offering You must transfer all Your rights to all product offerings included in such Software and Services. Partial transfer of Your rights under this License Agreement shall not be permitted and any such attempts shall be void and null. For example, if the Documentation or the applicable transaction documentation from the authorized distributor or reseller grants You the right to use multiple copies of the Software and Services, only a transfer of all the rights to use all such copies of the Software and Services would be valid; and
E. use the Software and Services 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 and Services;
B. reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software and Services or create derivative works from the Software and Services;
C. provide, offer or make available the Software and Services as part of a facility management, timesharing, service provider or service bureau arrangement; or
D. use the Software and Services in any manner that is not permitted pursuant to this License Agreement.
The Software and Services may include third party features and functionalities or may access content on a third party website. Such features, functionalities or content may be subject to such third party terms of service and privacy policies.
2. Software and Services features and Content Updates; Discontinuation of the Content Updates or Software and Services:
A. You shall have the right to receive new features to and versions of the Software and Services as Symantec, in its sole discretion, makes such features and versions available during Your Service Period. Symantec continually strives to improve the usability and performance of its products and services. In order to optimize the Software and Services, and to provide You with the most current version of the Software and Services, You agree the Software and Services may download and install new updates and versions of the Software and Services as they are made available by Symantec in its sole discretion. You agree to receive and permit Symantec to deliver such new updates and versions to Your Device. Additionally, Symantec may modify the terms and conditions that apply to Your use of the Software and Services to reflect such updates and versions and You agree to such updated terms.
B. Certain Software and Services use content that is updated from time to time, including but not limited to the following: 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”. You shall have the right to receive Content Updates for the Software and Services during Your Service Period.
C. Symantec may, at its discretion with or without notice to You, discontinue providing Content Updates and/or may terminate the Software and Services. Symantec may add, modify or remove features of the Software and Services at any time with or without notice to You.
3. Product Installation; Activation; Norton Account:
A. During the installation process, the Software and Services may uninstall or disable other security products, or features of such products, if such products or features are incompatible with the Software and Services or for purposes of improving the overall functionality of the Software and Services.
B. There may be technological measures in this Software and Services that are designed to prevent unlicensed or illegal use of the Software and Services. You agree that Symantec may use these measures to protect Symantec against Software and Services piracy. This Software and Services may contain enforcement technology that limits the ability to install and uninstall the Software and Services on a Device to not more than a finite number of times for a finite number of Devices. This License Agreement and the Software and Services containing enforcement technology may require activation as further set out in the Documentation. If so, the Software and Services will only operate for a finite period of time prior to Software and Services activation by You. During activation, You may be required to provide Your unique activation code accompanying the Software and Services and Device configuration in the form of an alphanumeric code over the Internet to verify the authenticity of the Software and Services. If You do not complete the activation within the finite period of time set forth in the Documentation, or as prompted by the Software and Services, the Software and Services will cease to function until activation is complete; at which time the Software and Services functionality will be restored. In the event that You are not able to activate the Software and Services 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 out below.
C. Norton Account. A current Symantec Norton Account (“Norton Account”) may be required to access and use the Software and Services. In such case, if You do not have a Norton Account, You must complete the applicable registration process to create a Norton Account in order to use the Software and Services. You are entirely responsible for maintaining the confidentiality of Your Norton Account password.
4. Safe Search Feature. The Software and Services may include a Safe Search feature which provides You the ability to safely search the Internet. This may be offered via, but is not limited to, a Symantec search toolbar.
5. Limited Warranty:
Symantec warrants that any media manufactured by Symantec on which the Software and Services are distributed will be free from defects for a period of sixty (60) days from the date of delivery of the Software and Services to You. Your sole remedy in the event of a breach of this warranty will be that Symantec will replace any defective media returned to Symantec within the warranty period. Symantec does not warrant that the Software and Services will meet Your requirements or that operation of the Software and Services will be uninterrupted or that the Software and Services 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.
6. Disclaimer of Damages:
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 AND SERVICES EVEN IF SYMANTEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO CASE SHALL SYMANTEC’S OR ITS LICENSORS’ LIABILITY EXCEED TWENTY-FIVE U.S. DOLLARS ($25.00) OR THE LOCAL CURRENCY EQUIVELANT. The disclaimers and limitations set forth above will apply regardless of whether You accept or use the Software and Services.
7. U.S. Government Restricted Rights:
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.
8. Export Regulation:
You acknowledge that the Software and Services 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, including Afghanistan and Iraq. 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.
If You are a U.S. customer, You and Symantec agree that any dispute, claim or controversy arising out of or relating in any way to the Software and Services or this License Agreement, shall be determined by binding arbitration or small claims court, instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to this License Agreement, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision, and that You and Symantec are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this License Agreement and/or the termination of Your Symantec product license.
If You elect to seek arbitration, You must first send to Symantec, by certified mail, a written Notice of Your claim ("Notice of Claim"). The Notice of Claim to Symantec should be addressed to: General Counsel, Symantec, Inc., 350 Ellis Street, Mountain View, CA 94043 and should be prominently captioned “NOTICE OF CLAIM”. The Notice of Claim should include both the mailing address and email address You would like Symantec to use to contact You. If Symantec elects to seek arbitration, it will send, by certified mail, a written Notice of Claim to Your billing address on file. A Notice of Claim, whether sent by You or by Symantec, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific amount of damages or other relief sought ("Demand").
If You and Symantec do not reach an agreement to resolve the claim within thirty (30) days after the Notice of Claim is received, You or Symantec may commence an arbitration proceeding or file a claim in small claims court. You may download or copy a form of notice and a form to initiate arbitration at www.adr.org. If You are required to pay a filing fee, Symantec will promptly reimburse You for Your payment of the filing fee after arbitration is commenced. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this License Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by the terms of this License Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Unless Symantec and You agree otherwise, any arbitration hearings will take place in the county (or parish) of either the mailing address You provided in Your Notice or, if no address was provided in Your Notice, Your billing address on file. If Your claim is for U.S. $10,000 or less, Symantec agrees that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If Your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues You an award that is greater than the value of Symantec’s last written settlement offer made before an arbitrator was selected (or if Symantec did not make a settlement offer before an arbitrator was selected), then Symantec will pay You, in addition to the award, either U.S. $500 or 10% of the amount awarded, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
YOU AND SYMANTEC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both You and Symantec
agree otherwise, the arbitrator may not consolidate more than one person's claims with Your claims, and maynototherwisepresideoveranyformofarepresentativeorclassproceeding. Ifthisspecificprovision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
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 Services 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. Symantec may terminate this License Agreement if You breach any term contained in this License Agreement (other than a trivial or inconsequential breach) and, if such termination occurs, You must cease use of and destroy all copies of the Software and Services and Documentation. The disclaimers of warranties and damages and limitations on liability shall survive and continue to apply after termination. 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.
11. Privacy; Data Protection:
By installing and/or using the Software and Services (including updates), You agree that Symantec may, and You have obtained all the necessary consents and rights for Symantec to, collect, use, retain, disclose and/or process Collected Data for the purposes and as described in the applicable Symantec product privacy notices, including the Symantec privacy statement at: http://www.symantec.com/privacy. “Collected Data” means certain information, which Symantec may collect, use, retain, disclose and process in connection with Your use of the Software and Services, or Your devices or systems with which the Licensed Software operates, and may include, but is not limited to, personal data as defined by applicable data protection law.
CPS / NSSS 2016 12 (OE 22.0) / USE