ELIGIBILITY EXPORT RESTRICTIONS
I am not a citizen, national or resident of, and am not under the control of, the government of Afghanistan, Cuba, Iran, Sudan, Iraq, Libya, North Korea, Syria, nor any other country to which the United States has prohibited export. I will not download or otherwise export or re-export the Programs, directly or indirectly, to the above mentioned countries nor to citizens, nationals or residents of those countries. I am not listed on the United States Department of Treasury lists of Specially Designated Nationals, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, nor am I listed on the United States Department of Commerce Table of Denied Orders. I will not download or otherwise export or re-export the Programs, directly or indirectly, to persons on the above mentioned lists. I will not use the Programs for, and will not allow the Programs to be used for, any purposes prohibited by the United States law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction.
SYMANTEC EVALUATION AGREEMENT
THIS EVALUATION AGREEMENT ("AGREEMENT") IS ENTERED INTO BY AND BETWEEN SYMANTEC CORPORATION, A DELAWARE CORPORATION ("SYMANTEC") AND THE ENTITY YOU REPRESENT IN EXECUTING THIS AGREEMENT ("YOU"). BY CLICKING "I ACCEPT" BELOW, YOU AGREE TO BE BOUND TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF ITS TERMS, DO NOT PROCEED. BY CLICKING BELOW YOU AND SYMANTEC MUTUALLY AGREE TO ENTER INTO A RELATIONSHIP WHERE SYMANTEC PROVIDES TO YOU CERTAIN SOFTWARE AND SERVICES FOR YOU TO EVALUATE PRIOR TO PURCHASE. IN CONSIDERATION OF THIS RELATIONSHIP, SYMANTEC AND YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS:
"Managed PKI" means a message that, at least, states a name or identifies the issuing CA, identifies the Subscriber, contains the Subscriber's Public Key, identifies the Certificate's Operational Period, contains a Certificate serial number, and contains a digital signature of the issuing CA.
2. License Grant.
Symantec grants you a non-exclusive, royalty-free, paid-up, non-transferable, non-sublicensable, revocable, restricted license during the term of this Agreement to use the software and materials provided to you ("Licensed Technology") in connection with your evaluation of the associated Symantec service ("Evaluated Services"). You shall not (and shall not permit any third party to): (i) use the Licensed Technology or the Evaluated Services in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality, or in any manner inconsistent with the Agreement; (ii) sell, lease, copy, distribute, reproduce, or modify the Licensed Technology or Evaluated Services in any manner; (iii) reverse engineer, disassemble, or decompile the Licensed Technology, in whole or in part, except to the extent required by law to obtain interoperability with other independently created software; and (iv) create derivative works based on the Licensed Technology.
3. Term and Termination.
The term of this Agreement shall begin on the date on which you click the "I Accept" button and shall remain in effect until you cease using the Licensed Technology and the Evaluated Services. Symantec may terminate this Agreement immediately upon written or electronic notice to you in the event you materially breach the terms of this Agreement. Upon termination of this Agreement, you must cease using the Licensed Technology and the Evaluated Services immediately. The terms in Sections 4 through 9 shall survive any termination of this Agreement.
"Confidential Information" means any confidential, trade secret or other proprietary information, including without limitation the Licensed Technology and the Evaluated Services, disclosed by one party to the other under this Agreement, except for information that: (i) is public knowledge at the time of disclosure, (ii) was known by the receiving party before disclosure by the disclosing party, or becomes public knowledge or otherwise known to the receiving party after such disclosure, other than by breach of a confidentiality obligation, or (iii) is independently developed by the receiving party by persons without access to Confidential Information of the disclosing party. If portions of the Confidential Information are considered non-confidential pursuant to subsections (i) through (iii) above, the remainder of the Confidential Information must still be held in confidence by the receiving party in accordance with the terms of this Section 4. The receiving party shall: (a) not disclose the Confidential Information to any third party, (b) not use the Confidential Information in any fashion except for purposes of performing this Agreement, and (c) take steps consistent with its protection of its own confidential and proprietary information (but in no event exercise less than reasonable care) to prevent unauthorized disclosure of the Confidential Information.
5. Ownership; Intellectual Property Protection.
The Licensed Technology, including its operation, code, architecture and implementation, the Evaluated Services, the Licensed Technology, including its look and feel, are the valuable intellectual property of Symantec and its suppliers. Except as expressly stated, this Agreement does not give you any intellectual property rights in the Licensed Technology or the Evaluated Services and all rights are reserved in Symantec and/or its licensors. The Licensed Technology and the Evaluated Services are protected by United States patent, copyright and trademark laws and international treaty provisions. You agree not to remove or destroy any proprietary, trademark or copyright markings or notices placed upon or contained within the Licensed Technology and the Evaluated Services. The placement of a copyright notice on these or accompanying documentation shall not constitute publication or otherwise impair the confidential or trade secret nature of the Licensed Technology or the Evaluated Services. You agree not to copy, modify, translate, disassemble, decompile, reverse engineer, create derivative works of, or make any other attempt by any means to discover or obtain the source code or other proprietary information included in the Licensed Technology or the Evaluated Services other than the limited rights expressly granted in Section 2 above.
6. LIMITATION OF LIABILITY.
IN NO EVENT WILL SYMANTEC BE LIABLE FOR ANY DAMAGES HEREUNDER, INCLUDING WITHOUT LIMITATION, SPECIAL, INCIDENTAL, DIRECT OR INDIRECT DAMAGES, ANY LOST REVENUE, LOST PROFITS, OR CONSEQUENTIAL DAMAGES REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION AND EVEN IF ADVISED OF THEIR POSSIBILITY.
THE PARTIES ACKNOWLEDGE THAT THE EVALUATED SERVICES AND LICENSED TECHNOLOGY PROVIDED TO YOU PURSUANT TO THIS AGREEMENT ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY WHATSOEVER. SYMANTEC DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NO SYMANTEC AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY.
8. Export Compliance and Foreign Reshipment Liability.
This Agreement is expressly made subject to any laws, regulations, orders or other restrictions on the export from the United States of America of software, hardware, or technical information, which may be imposed from time to time by the government of the United States of America. Regardless of any disclosure made by you to Symantec of an ultimate destination of the Licensed Technology, hardware, or technical information and, notwithstanding anything contained in this Agreement to the contrary, you will not export, or re-export, either directly or indirectly, any Licensed Technology, hardware, or technical information, or portions thereof, without first obtaining any and all necessary licenses from the United States government or agencies or any other country for which such government or any agency thereof requires an export license or other governmental approval at the time of modification, export, or re-export. You shall be deemed to be the importer of record of any Licensed Technology provided to you outside of the U.S., and shall be responsible for any related import filings, requirements, documentation, fees, taxes, duties, or other compliance obligations imposed by the applicable destination country or jurisdiction. You also agree that you will not use the Licensed Technology, hardware, or technical information for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
9. General Provisions.
This Agreement is the exclusive agreement between you and Symantec with respect to the subject matter of this Agreement. This Agreement will be governed by the laws of the State of California, USA, and you will be solely responsible for compliance with the laws of other states, countries, or jurisdictions, to the extent applicable with respect to your receipt or use of Evaluation Services and/or Licensed Technology hereunder. If any part of this Agreement is found to be void, unenforceable or invalid, it shall not affect the other provisions of this Agreement. This Agreement can only be modified by a writing signed by both parties. Failure by either party to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision. You may not assign this Agreement or any right or obligation hereunder without Symantec's prior written consent.