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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�s list of Specially
Designated Nations or the United States
Commerce Department�s 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, �High Risk Activities�). 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.
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