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Network Associates Two (2)-Year End User License Agreement
NOTICE TO ALL USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT ("AGREEMENT"),
FOR THE LICENSE OF SPECIFIED SOFTWARE ("SOFTWARE") PRODUCED BY NETWORKS
ASSOCIATES TECHNOLOGY, INC. ("NETWORK ASSOCIATES"). BY CLICKING THE ACCEPT
BUTTON OR INSTALLING THE SOFTWARE, YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY)
CONSENT TO BE BOUND BY AND BECOME 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 OF THIS AGREEMENT AND DO NOT INSTALL THE
SOFTWARE. (IF APPLICABLE, YOU MAY RETURN THE PRODUCT TO THE PLACE OF PURCHASE
FOR A FULL REFUND.)
1. License Grant. Subject to the payment of the applicable license fees, and
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"). 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").
If the Software is licensed as a suite or bundle with more than one specified
Software products, this license applies to all such specified Software products,
subject to any restrictions or usage terms specified on the applicable price
list or product packaging that apply to any of such Software products
individually.
a. Use. The Software is licensed as a single product; it may not be
used on more than one Client Device or by more than one user at a time, except
as set forth in this Section 1. The Software is "in use" on a computer when it
is loaded into the temporary memory (i.e., random-access memory or RAM) or
installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage
device) of that Client Device. This license authorizes you to make one copy of
the Software solely for backup or archival purposes, provided that the copy you
make contains all of the Software's proprietary notices.
b. Server-Mode Use. To the extent such use is specified in the
applicable product invoicing or packaging for the Software, you may use the
Software on a Client Device or on or as a server ("Server") within a multi-user
or networked environment ("Server-Mode") for either (i) connecting, directly or
indirectly, to not more than the maximum number of specified Client Devices, or
(ii) deploying not more than the maximum number of agents (pollers) specified
for deployment. If no such maximum number is specified, this is a single
product use license subject to subsection (a) above. A separate license is
required for each Client Device or "seat" that may connect to the Server at any
time, regardless of whether such licensed Client Devices or seats are
concurrently connected to or actually accessing or using the Software. Use of
software or hardware that reduces the number of Client Devices or seats directly
accessing or utilizing the Software (e.g., "multiplexing" or "pooling" software
or hardware) does not reduce the number of licenses required (i.e., the required
number of licenses would equal the number of distinct inputs to the multiplexing
or pooling software or hardware "front end"). If the number of Client Devices
or seats that can connect to the Software can exceed the number of licenses you
have obtained, then you must have a reasonable mechanism in place to ensure that
your use of the Software does not exceed the use limits specified for the
license you have obtained. This license authorizes you to make or download one
copy of the Documentation for each Client Device or seat that is licensed,
provided that each such copy contains all of the Documentation's proprietary
notices.
c. Volume Use. If the Software is licensed with volume license terms
specified in the applicable product invoicing or packaging for the Software, you
may make, use and install as many additional copies of the Software on the
number of Client Devices as the volume license terms specify. You must have a
reasonable mechanism in place to ensure that the number of Client Devices on
which the Software has been installed does not exceed the number of licenses you
have obtained. This license authorizes you to make or download one copy of
the Documentation for each additional copy authorized by the volume license,
provided that each such copy contains all of the Documentation's proprietary
notices.
2. Term. This Agreement is effective for two (2) years unless you or Network
Associates terminates the Agreement earlier, in accordance with the terms set
forth herein. This Agreement will terminate automatically if you fail to comply
with any of the limitations or other requirements described herein. When this
agreement terminates, you must destroy all copies of the Software and the
Documentation. You may terminate this Agreement at any point by destroying all
copies of the Software and the Documentation.
3. Updates. During the term of this Agreement, you may download revisions,
upgrades, or updates to the Software when and as Network Associates publishes
them via its electronic bulletin board system, website or through other online
services.
4. 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. You acknowledge that your possession, installation, or
use of the Software does not transfer to you any title to the intellectual
property in the Software, and that you will not acquire any rights to the
Software except as expressly set forth in this Agreement. You agree that any
copies of the Software and Documentation will contain the same proprietary
notices which appear on and in the Software and Documentation.
5. 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.
6. Warranty and Disclaimer
a. Limited Warranty. Network Associates warrants that for sixty (60) days from
the date of original purchase the media (for example diskettes) on which the
Software is contained will be free from defects in materials and workmanship.
b. Customer Remedies. Network Associates' and its suppliers' entire liability
and your exclusive remedy shall be, at Network Associates' option, either (i)
return of the purchase price paid for the license, if any, or (ii) replacement
of the defective media in which the Software is contained with a copy on
nondefective media. You must return the defective media to Network Associates
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