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- Network Associates Software
- Thirty (30)-Day Evaluation License Agreement
- Virusscan for UNIX v. 4.14
- Copyright (c) 1999-2001 Networks Associates
- Technology, Inc. All Rights Reserved.
-
-
-THIS IS AN EVALUATION COPY OF THIS SOFTWARE. You
-may use this software for only thirty (30) days,
-after which period you must either buy the software
-from Network Associates, Inc. or remove it from your
-computer and stop using it.
-
-NOTICE TO ALL USERS: CAREFULLY READ THE FOLLOWING
-LEGAL AGREEMENT (THE 'AGREEMENT') FOR THE LICENSE
-OF SOFTWARE (THE 'SOFTWARE') BY NETWORK ASSOCIATES,
-INC. ('NETWORK ASSOCIATES'). BY CLICKING THE
-ACCEPTANCE BUTTON OR INSTALLING THE SOFTWARE, YOU
-(EITHER AN INDIVIDUAL OR A SINGLE ENTITY) ARE
-CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY
-TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF
-THE TERMS OF THIS AGREEMENT, CLICK THE BUTTON THAT
-INDICATES THAT YOU DO NOT ACCEPT THE TERMS AND DO
-NOT INSTALL THE SOFTWARE. (IF APPLICABLE, YOU MAY
-RETURN THE PRODUCT TO THE PLACE OF PURCHASE FOR A
-FULL REFUND.) Your right to use the Software is
-limited. If you have already downloaded evaluation
-copies of prior versions of the Software, you may
-not use that Software and must immediately cease
-using that copy and destroy it. To obtain full-use
-rights, you must pay for the Software and enter a
-valid End User License Agreement with Network
-Associates concerning such use.
-
- 1. License Grant. Subject to the terms and
- conditions of this Agreement, Network Associates
- hereby grants to you a non-exclusive,
- non-transferable right to use one copy of the
- specified version of the Software and the
- accompanying documentation (the 'Documentation')
- solely for your internal evaluation purposes
- during the term of this Agreement. You may
- install one copy of the Software on one
- computer, workstation, personal digital
- assistant, pager, 'smart phone' or other
- electronic device for which the Software was
- designed (each, a 'Client Device').
-
- 2. Term. This Agreement is effective for thirty
- (30) days following the date you installed the
- Software unless and until earlier terminated as
- set forth in this Agreement. This Agreement will
- terminate automatically if you fail to comply
- with any of the limitations or other
- requirements described herein. Upon any
- termination or expiration of this Agreement,
- you must destroy all copies of the Software and
- Documentation. THIS SOFTWARE MAY CONTAIN A
- FEATURE THAT DISABLES ITS OPERATION AFTER A
- CERTAIN PERIOD OF TIME.
-
- 3. Ownership Rights. The Software is protected
- by United States copyright laws and
- international treaty provisions. Network
- Associates and its suppliers own and retain all
- right, title and interest in and to the
- Software, including all copyrights, patents,
- trade secret rights, trademarks and other
- intellectual property rights therein. Your
- possession, installation or use of the Software
- does not transfer to you any title to the
- intellectual property in the Software, and you
- will not acquire any rights to the Software
- except as expressly set forth in this license.
- All copies of the Software and Documentation
- made hereunder will contain the same proprietary
- notices that appear on and in the Software and
- Documentation.
-
- 4. Restrictions. You may not rent, lease, loan
- or resell the Software. You may not permit
- third parties to benefit from the use or
- functionality of the Software via a timesharing,
- service bureau or other arrangement, except to
- the extent such use is specified in the
- applicable price list, purchase order, or
- product packaging for the Software. You may
- not transfer any of the rights granted to you
- under this Agreement. You may not reverse
- engineer, decompile, or disassemble the
- Software, except to the extent the foregoing
- restriction is expressly prohibited by
- applicable law. You may not modify, or create
- derivative works based upon, the Software in
- whole or in part. You may not copy the Software
- or Documentation except as expressly permitted
- in Section 1 above. You may not remove any
- proprietary notices or labels on the Software.
- All rights not expressly set forth hereunder
- are reserved by Network Associates. Network
- Associates reserves the right to periodically
- conduct audits upon advance written notice to
- verify compliance with the terms of this
- Agreement.
-
- 5. Warranty Disclaimer. AS THIS IS AN
- EVALUATION COPY OF THE SOFTWARE, THE SOFTWARE IS
- PROVIDED 'AS IS.' TO THE MAXIMUM EXTENT
- PERMITTED BY APPLICABLE LAW, NETWORK ASSOCIATES
- DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR
- IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED
- WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
- PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH
- RESPECT TO THE SOFTWARE AND THE ACCOMPANYING
- DOCUMENTATION. YOU ASSUME RESPONSIBILITY FOR
- SELECTION OF THE SOFTWARE TO ACHIEVE YOUR
- INTENDED RESULTS, AND FOR THE INSTALLATION OF,
- USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE.
- WITHOUT LIMITING THE FOREGOING, NETWORK
- ASSOCIATES MAKES NO WARRANTY THAT THE SOFTWARE
- WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT THE
- SOFTWARE WILL MEET YOUR REQUIREMENTS. SOME
- STATES AND JURISDICTIONS DO NOT ALLOW
- LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE
- LIMITATION MAY NOT APPLY TO YOU. The foregoing
- shall be enforceable to the maximum extent
- permitted by applicable law.
-
- 6. Limitation of Liability. UNDER NO
- CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT,
- CONTRACT, OR OTHERWISE, SHALL NETWORK ASSOCIATES
- OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY OTHER
- PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
- CONSEQUENTIAL DAMAGES OF ANY CHARACTER
- INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS
- OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
- MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR
- LOSSES. IN NO EVENT WILL NETWORK ASSOCIATES BE
- LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT
- PAID BY YOU, IF ANY, FOR THE SOFTWARE, EVEN IF
- NETWORK ASSOCIATES SHALL HAVE BEEN ADVISED OF
- THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION
- OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR
- DEATH OR PERSONAL INJURY TO THE EXTENT
- APPLICABLE LAW PROHIBITS SUCH LIMITATION.
- FURTHERMORE, SOME STATES AND JURISDICTIONS DO
- NOT ALLOW THE EXCLUSION OR LIMITATION OF
- INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
- LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
- The foregoing shall be enforceable to the
- maximum extent permitted by applicable law.
-
- 7. United States Government. The Software and
- accompanying Documentation are deemed to be
- 'commercial computer software' and 'commercial
- computer software documentation,' respectively,
- pursuant to DFAR Section 227.7202 and FAR
- Section 12.212, as applicable. Any use,
- modification, reproduction, release,
- performance, display or disclosure of the
- Software and accompanying Documentation by the
- United States Government shall be governed
- solely by the terms of this Agreement and shall
- be prohibited except to the extent expressly
- permitted by the terms of this Agreement.
-
- 8. Export Controls. Neither the Software nor
- the Documentation and underlying information or
- technology may be downloaded or otherwise
- exported or re-exported (i) into (or to a
- national or resident of ) Cuba, Iran, Iraq,
- Libya, North Korea, Sudan, Syria or any other
- country to which the United States has embargoed
- goods; or (ii) to anyone on the United States
- Treasury Department\92s list of Specially
- Designated Nations or the United States
- Commerce Department\92s Table of Denial Orders.
- By downloading or using the Software you are
- agreeing to the foregoing and you are
- certifying that you are not located in, under
- the control of, or a national or resident of
- any such country or on any such list.
-
- IN ADDITION, YOU SHOULD BE AWARE OF THE
- FOLLOWING: EXPORT OF THE SOFTWARE MAY BE
- SUBJECT TO COMPLIANCE WITH THE RULES AND
- REGULATIONS PROMULGATED FROM TIME TO TIME BY
- THE BUREAU OF EXPORT ADMINISTRATION, UNITED
- STATES DEPARTMENT OF COMMERCE, WHICH RESTRICT
- THE EXPORT AND RE-EXPORT OF CERTAIN PRODUCTS
- AND TECHNICAL DATA. IF THE EXPORT OF THE
- SOFTWARE IS CONTROLLED UNDER SUCH RULES AND
- REGULATIONS, THEN THE SOFTWARE SHALL NOT BE
- EXPORTED OR RE-EXPORTED, DIRECTLY OR
- INDIRECTLY, (A) WITHOUT ALL EXPORT OR RE-EXPORT
- LICENSES AND UNITED STATES OR OTHER GOVERNMENTAL
- APPROVALS REQUIRED BY ANY APPLICABLE LAWS, OR
- (B) IN VIOLATION OF ANY APPLICABLE PROHIBITION
- AGAINST THE EXPORT OR RE-EXPORT OF ANY PART OF
- THE SOFTWARE. SOME COUNTRIES HAVE RESTRICTIONS
- ON THE USE OF ENCRYPTION WITHIN THEIR BORDERS,
- OR THE IMPORT OR EXPORT OF ENCRYPTION EVEN IF
- FOR ONLY TEMPORARY PERSONAL OR BUSINESS USE.
- YOU ACKNOWLEDGE THAT THE IMPLEMENTATION AND
- ENFORCEMENT OF THESE LAWS IS NOT ALWAYS
- CONSISTENT AS TO SPECIFIC COUNTRIES. ALTHOUGH
- THE FOLLOWING COUNTRIES ARE NOT AN EXHAUSTIVE
- LIST THERE MAY EXIST RESTRICTIONS ON THE
- EXPORTATION TO, OR IMPORTATION OF, ENCRYPTION
- BY: BELGIUM, CHINA (INCLUDING HONG KONG),
- FRANCE, INDIA, INDONESIA, ISRAEL, RUSSIA, SAUDI
- ARABIA, SINGAPORE, AND SOUTH KOREA. YOU
- ACKNOWLEDGE IT IS YOUR ULTIMATE RESPONSIBILITY
- TO COMPLY WITH ALL ANY AND ALL GOVERNMENT
- EXPORT AND OTHER APPLICABLE LAWS AND THAT
- NETWORK ASSOCIATES HAS NO FURTHER
- RESPONSIBILITY AFTER THE INITIAL SALE TO YOU
- WITHIN THE ORIGINAL COUNTRY OF SALE.
-
- 9. High Risk Activities. The Software is not
- fault-tolerant and is not designed or intended
- for use in hazardous environments requiring
- fail-safe performance, including without
- limitation, in the operation of nuclear
- facilities, aircraft navigation or communication
- systems, air traffic control, weapons systems,
- direct life-support machines, or any other
- application in which the failure of the Software
- could lead directly to death, personal injury,
- or severe physical or property damage
- (collectively, \93High Risk Activities\94). Network
- Associates expressly disclaims any express or
- implied warranty of fitness for High Risk
- Activities.
-
-10. Miscellaneous. This Agreement is governed
- by the laws of the United States and the State
- of California, without reference to conflict of
- laws principles. The application of the United
- Nations Convention of Contracts for the
- International Sale of Goods is expressly
- excluded. This Agreement is the entire
- agreement between the parties and supersedes
- any other communications with respect to the
- Software and Documentation. This Agreement
- may not be modified except by a written addendum
- issued by a duly authorized representative of
- Network Associates. No provision hereof shall be
- deemed waived unless such waiver shall be in
- writing and signed by Network Associates. If
- any provision of this Agreement is held invalid,
- the remainder of this Agreement shall continue
- in full force and effect. The parties confirm
- that it is their wish that this Agreement has
- been written in the English language only.
-
-11. NETWORK ASSOCIATES CUSTOMER CONTACT. If
- have any questions concerning these terms and
- conditions, or if you would like to contact
- Network Associates for any other reason, please
- call (408) 988-3832, fax (408) 970-9727, or
- write: Network Associates, Inc., 3965 Freedom
- Circle, Santa Clara, California 95054.
- http://www.nai.com.
-
- Statements made to you in the course of this
- sale are subject to the Year 2000 Information
- and Readiness Disclosure Act (Public Law
- 105-271). In the case of a dispute, this Act
- may reduce your legal rights regarding the use
- of any statements regarding Year 2000 readiness,
- unless otherwise specified in your contract or
- tariff.
-