SYMANTEC SOFTWARE SERVICE LICENSE AGREEMENT
LiveUpdate


IMPORTANT:  PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT (“LICENSE AGREEMENT”) CAREFULLY BEFORE USING THE SOFTWARE (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 TO YOU AS THE INDIVIDUAL, THE COMPANY, OR THE LEGAL ENTITY THAT WILL BE UTILIZING THE SOFTWARE (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 LOADING THE SOFTWARE, 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” BUTTON OR OTHERWISE INDICATE REFUSAL AND MAKE NO FURTHER USE OF THE SOFTWARE.

1. License:

The software and documentation, including any product packaging (“Documentation”), that accompanies this License Agreement (collectively the “Software”) is complimentary technology that is required for the automatic delivery of content and product updates to certain Symantec products (“Symantec Products”) and may only be used if You have a valid license to a Symantec Product.  This Software is the property of Symantec or its licensors, and is protected by copyright law.  Although Symantec continues to own the Software, after Your acceptance of this License Agreement You will have certain rights to use the Software for the duration of time that Your applicable Symantec Product license entitles You to receive updates to the Symantec Product (the “Service Period”).  The Symantec Product and/or the Software may automatically deactivate and become non-operational at the end of the Service Period, and You will not be entitled to receive any feature or content updates to the Symantec Product and/or the Software unless Your license to use the applicable Symantec Product is renewed.  The Software will automatically uninstall if you uninstall the Symantec Product..  

This License Agreement governs any releases, revisions, updates or enhancements to the Software that Symantec may make available to You.  Except as may be modified by the Documentation, and subject to Symantec’s right to terminate for Your breach pursuant to Section 8, Your rights and obligations under this License Agreement with respect to the use of this Software are as follows.

During the Service Period, You may:
A. use one copy of the Software on a single computer of Yours on which a copy of a Symantec Product with a valid license is installed;
B. make one copy of the Software for back-up or archival purposes, or copy the Software onto the hard disk of Your computer and retain the original for back-up or archival purposes;
C. use the Software on a network, provided that You have a licensed copy of a Symantec Product with a valid license for each computer that can access the Software over that network; 
D. permanently transfer all of Your rights in the Software granted under this License Agreement to another person or entity, provided that (1) for each transferred copy of the Software, You also transfer one copy of a Symantec Product on a permanent basis to such person or entity, (2) You retain no copies of the Software, and (3) the transferee agrees to the terms of this License Agreement; and
E. use the Software 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; 
B. reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software or create derivative works from the Software; 
C. use the Software as part of a facility management, timesharing, service provider or service bureau arrangement; or
D. use the Software in any manner that is not permitted pursuant to this License Agreement.

2. Software Feature Updates:

You shall have the right to receive new features to the Software as Symantec, in its sole discretion, makes such features available with the Software during Your Service Period.   Symantec may, at its discretion, add, modify or remove features from the Software at any time with or without notice to You.

3. Product Installation:  

A. During the installation process, the Software may uninstall or disable other security products, or features thereof, if such products or features are incompatible with the Software or for purposes of improving the overall functionality of the Software.

B. There may be technological measures in this Software that are designed to prevent unlicensed or illegal use of the Software.  You agree that Symantec may use these measures to protect Symantec against software piracy.  This Software may contain enforcement technology that limits the ability to install and uninstall the Software on a computer to not more than a finite number of times for a finite number of computers.  

4.  Privacy; Data Protection:  

The LiveUpdate Software collects general system information from Your computer each time the LiveUpdate Software runs, so that You receive the updates that work best with Your computer. The information is also used to generate aggregate statistics about how the LiveUpdate Software is used and which systems need support, so that the LiveUpdate Software and the content and patches made available via LiveUpdate Software can be improved.  This information may include the following:
* Product name and version information for any installed Symantec Product that is requesting updates. 
* Computer make and model. 
* Version information for the operating system and browser. 
* Region and language settings. 
* Globally Unique LiveUpdate Identifier (LU ID) and the current session identifier. 
* LiveUpdate Software version and information about how the LiveUpdate Software session was started.
* Patch file name and error code for any updates that failed to download or install correctly. 
* Your Internet Protocol (IP) address is logged when You connect to a Symantec LiveUpdate server, but it is only used to generate aggregate statistics and is then discarded.

Other information used for purposes of analyzing and improving the functionality of Symantec’s products.  This information will not be correlated with any personally identifiable information.

The collected information as set out above is necessary for the purpose of optimizing the functionality of Symantec’s products including the Software and may be transferred to the Symantec group in the United States or other countries that may have less protective data protection laws than the region in which You are situated (including the European Union), but Symantec has taken steps so that the collected information, if transferred, receives an adequate level of protection.

Symantec may disclose the collected information if asked to do so by a law enforcement official as required or permitted by law or in response to a subpoena or other legal process.  In order to promote awareness, detection and prevention of Internet security risks, Symantec may share certain information with research organizations and other security software vendors.  Symantec may also use statistics derived from the information to track and publish reports on security risk trends. By using the Software, You acknowledge and agree that Symantec may collect, transmit, store, disclose and analyze such information for these purposes.  To learn more about the information that is collected please visit http://www.symantec.com/legal/luprivacy.html.

5. Limited Warranty:

In the event that Symantec directly provides the Software to You on physical media and not via electronic delivery, Symantec warrants that the media on which the Software is distributed will be free from defects for a period of sixty (60) days from the date of delivery of the Software to You. Your sole remedy in the event of a breach of this warranty will be that Symantec will, at its option, replace any defective media returned to Symantec within the warranty period or refund the money You paid for the Software.  Symantec does not warrant that the Software will meet Your requirements or that operation of the Software will be uninterrupted or that the Software 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 EVEN IF SYMANTEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO CASE SHALL SYMANTEC’S OR ITS LICENSORS’ LIABILITY EXCEED THE PURCHASE PRICE WHICH YOU PAID FOR THE APPLICABLE SYMANTEC PRODUCT.  The disclaimers and limitations set forth above will apply regardless of whether You accept the Software.

7. U.S. Government Restricted Rights:

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 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. You hereby agree that You will not export or sell any Controlled Technology for use in connection with chemical, biological, or nuclear weapons, or missiles, drones or space launch vehicles capable of delivering such weapons. 

9. General:

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:  (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. This License Agreement shall terminate upon Your breach of any term contained in this License Agreement and You shall cease use of and destroy all copies of the Software and Documentation.  The disclaimers of warranties and damages and limitations on liability shall survive termination.    This License Agreement may only be modified by the Documentation or by a written document that has been signed by both You and Symantec.  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.

CPS / LU 1.1 / USE



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