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    Symantec Endpoint

    Protection and SymantecNetwork Access Protection

    Symantec Software License Agreement

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    Symantec Endpoint Protection and Symantec NetworkAccess Control

    Symantec Software License Agreement

    SYMANTEC CORPORATION AND/OR ITS AFFILIATES

    ("SYMANTEC") IS WILLINGTO LICENSE THELICENSEDSOFTWARE TO YOU AS THE INDIVIDUAL, THECOMPANY, OR THE LEGAL ENTITY THAT WILL BEUTILIZING THE LICENSED SOFTWARE (REFERENCEDBELOW AS "YOU" OR "YOUR") ONLY ON THECONDITION THAT YOU ACCEPT ALL OF THE TERMSOF THIS LICENSE AGREEMENT ("LICENSEAGREEMENT"). READ THE TERMS AND CONDITIONSOF THIS LICENSE AGREEMENT CAREFULLY BEFOREUSING THE LICENSED SOFTWARE. THIS IS A LEGALAND ENFORCEABLE CONTRACT BETWEEN YOU ANDSYMANTEC. BY OPENING THE LICENSED SOFTWAREPACKAGE,BREAKINGTHE LICENSEDSOFTWARESEAL,CLICKING THE "I AGREE" OR "YES" BUTTON, OR

    OTHERWISE INDICATINGASSENT ELECTRONICALLY,OR LOADING THE LICENSED SOFTWARE OROTHERWISE USING THE LICENSED SOFTWARE, YOUAGREE TO THE TERMS AND CONDITIONS OF THISLICENSE AGREEMENT. IF YOU DO NOT AGREE TOTHESE TERMS AND CONDITIONS, CLICK THE "I DONOT AGREE" OR "NO" BUTTON OR OTHERWISEINDICATE REFUSAL AND MAKE NO FURTHER USE OFTHE LICENSED SOFTWARE. UNLESS OTHERWISEDEFINED HEREIN, CAPITALIZED TERMS WILL HAVETHEMEANING GIVEN IN THE"DEFINITIONS"SECTIONOF THIS LICENSE AGREEMENT AND SUCHCAPITALIZEDTERMS MAYBE USEDIN THESINGULAROR IN THE PLURAL, AS THE CONTEXT REQUIRES.

    1. Definitions:

    "Content Updates" means content used by certainSymantec products which is updated from time to time,including but not limited to: updated anti-spywaredefinitions for anti-spyware products; updated antispamrules for antispam products; updated virus definitionsfor antivirus and crimeware products; updated URL listsfor content filtering and antiphishing products; updatedfirewall rules for firewall products; updated intrusiondetection data for intrusion detection products; updatedlists of authenticated web pages for websiteauthentication products; updated policy compliance

    rules for policy compliance products; and updatedvulnerability signatures for vulnerability assessmentproducts.

    "Documentation" means the user documentationSymantec provides with the Licensed Software.

    "License Instrument" means oneor more of thefollowingapplicable documents which further defines Yourlicenserights to the Licensed Software: a Symantec licensecertificate or a similar license document issued bySymantec, or a written agreement between You and

    Symantec, that accompanies, precedes or follows thisLicense Agreement.

    "Licensed Software" means the Symantec softwareproduct, in object code form, accompanying this LicenseAgreement, including any Documentation included in,or provided for use with, such software or thataccompanies this License Agreement.

    "Support Certificate" means the certificate sent bySymantec confirming Your purchase of the applicableSymantec maintenance/support for the LicensedSoftware.

    "Upgrade" means any version of the Licensed Softwarethat has been released to the public and which replacestheprior version of theLicensed Software on Symantecs

    price list pursuant to Symantecs then-current upgradepolicies.

    "Use Level" means the license use meter or model(whichmay include operating system, hardware system,application or machine tier limitations, if applicable) bywhich Symantec measures, pricesand licenses the rightto use the Licensed Software, in effect at the time anorder is placed for such Licensed Software, as indicatedin this License Agreement and the applicable LicenseInstrument.

    2. License Grant:

    Subject to Your compliance with the terms andconditions of this License Agreement, Symantec grantsto You the following rights: (I) a non-exclusive,non-transferable (except as stated otherwise in Section16.1) license to use the Licensed Software solely insupport of Your internal business operations in thequantities andat theUse Levels described in this LicenseAgreement and the applicable License Instrument; and(ii) the right to make a single uninstalled copy of theLicensed Software for archival purposes whichYou mayuse and install for disaster-recovery purposes (i.e. wherethe primary installation of the Licensed Softwarebecomes unavailable for use).

    2.1. Term:The termof the Licensed Software license granted underthis License Agreement shall be perpetual (subject toSection 14) unless stated otherwise in Section 17 orunless You have obtained the Licensed Software on anon-perpetual basis, such as, under a subscription orterm-based license for the period of time indicated ontheapplicable License Instrument. If You have obtainedthe Licensed Software on a non-perpetual basis, Yourrights to use such Licensed Software shall end on theapplicable enddate as indicated on theapplicable License

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    Instrument and You shall cease use of the LicensedSoftware as of such applicable end date.

    3. License Restrictions:

    Youmay not, without Symantecs priorwritten consent,conduct, cause or permit the: (I) use, copying,modification, rental, lease, sublease, sublicense, ortransfer of the Licensed Software except as expresslyprovided in this License Agreement; (ii) creation of anyderivative works based on the Licensed Software; (iii)reverse engineering, disassembly, or decompiling of theLicensed Software (except that You may decompile theLicensed Software for the purposes of interoperabilityonly to the extent permitted by and subject to strictcompliance under applicable law); (iv) use of theLicensedSoftware in connection with service bureau, facilitymanagement, timeshare, service provideror like activitywhereby You operate or use the Licensed Software forthe benefit of a third party; (v) use of the LicensedSoftware by any party other than You; (vi) use of a laterversion of the Licensed Software other than the versionthat accompanies this License Agreement unless You

    have separately acquired the right to use such laterversion through a License Instrument or SupportCertificate; nor (vii) use of the Licensed Software abovethe quantity and Use Level that have been licensed toYou under this License Agreement or the applicableLicense Instrument.

    4. Ownership/Title:

    The Licensed Software is the proprietary property ofSymantec or its licensors and is protected by copyrightlaw. Symantec and itslicensors retainany and all rights,title and interest in and to the Licensed Software,including in all copies, improvements, enhancements,

    modifications and derivative works of the LicensedSoftware. Your rights to usethe Licensed Software shallbe limited to those expressly granted in this LicenseAgreement. All rights not expressly granted to You areretained by Symantec and/or its licensors.

    5. Content Updates:

    If You purchase a Symantec maintenance/supportoffering consisting of or including Content Updates, asindicated on Your Support Certificate, You are grantedthe right to use, as part of the Licensed Software, suchContent Updates as and when they are made generallyavailable to Symantecs end user customers who have

    purchased such maintenance/support offering and forsuch period of time as indicated on the face of theapplicable Support Certificate. This License Agreementdoes not otherwise permitYou to obtain and use ContentUpdates.

    6. Upgrades/Cross-Grades:

    Symantec reserves theright to require that any upgrades(if any) of the Licensed Software may only be obtainedin a quantity equal to the number indicated on the

    applicable LicenseInstrument. An upgradeto an existinglicense shall not be deemed to increase the number oflicenses which You are authorized to use. Additionally,if You upgrade a Licensed Software license, or purchasea Licensed Software license listed on the applicableLicense Instrument to cross-grade an existing license(i.e. to increase its functionality, and/or transfer it to anew operating system,hardware tier or licensing meter),thenSymantecissues the applicable Licensed Instrumentbased on theunderstanding that You agree to cease usingthe original license. Any such license upgrade orcross-grade is provided under Symantec's policies ineffect at the time of order. This License Agreement doesnotseparately license You for additional licenses beyondthose which You have purchased, and which have beenauthorized by Symantec as indicated on the applicableLicense Instrument.

    7. Limited Warranty:

    7.1. Media Warranty:

    If Symantec provides the Licensed Software to You on

    tangible media, Symantec warrants that the magneticmedia uponwhich the Licensed Softwareis recorded willnotbe defectiveunder normal use, for a period of ninety(90) days from delivery. Symantec will replace anydefective media returned to Symantec within thewarranty period at no charge to You. The above warrantyis inapplicable in theevent theLicensed Software mediabecomes defective due to unauthorized use of theLicensed Software. THE FOREGOING IS YOUR SOLEAND EXCLUSIVE REMEDY FOR SYMANTECS BREACHOF THIS WARRANTY.

    7.2. Performance Warranty:

    Symantec warrants that the Licensed Software, asdelivered by Symantec and when used in accordancewith the Documentation, will substantially conform totheDocumentation for a period of ninety (90) days fromdelivery. If the Licensed Software does not comply withthis warranty and such non-compliance is reported byYou to Symantec within the ninety (90) day warrantyperiod, Symantec will do one of the following, selectedat Symantecs reasonable discretion: either (I) repair theLicensed Software, (ii) replace the Licensed Softwarewith software of substantially the same functionality,or (iii) terminate this License Agreement and refund therelevant license fees paid for such non-compliantLicensed Software. The above warranty specifically

    excludes defects resulting from accident, abuse,unauthorized repair, modifications or enhancements,or misapplication. THEFOREGOINGIS YOURSOLE ANDEXCLUSIVE REMEDY FOR SYMANTECS BREACH OFTHIS WARRANTY.

    8. Warranty Disclaimers:

    TO THE MAXIMUM EXTENT PERMITTED BYAPPLICABLE LAW, THE WARRANTIES SET FORTH INSECTIONS 7.1 AND 7.2 ARE YOUR EXCLUSIVE

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    WARRANTIES AND ARE IN LIEU OF ALL OTHERWARRANTIES, WHETHER EXPRESS OR IMPLIED,INCLUDING, BUT NOT LIMITED TO, THE IMPLIEDWARRANTIESOF MERCHANTABILITY,SATISFACTORYQUALITY, FITNESS FOR A PARTICULAR PURPOSE,AND NONINFRINGEMENT OF INTELLECTUALPROPERTY RIGHTS. SYMANTEC MAKES NOWARRANTIES OR REPRESENTATIONS THAT THELICENSED SOFTWARE, CONTENT UPDATES ORUPGRADES WILL MEET YOUR REQUIREMENTS ORTHAT OPERATION OR USE OF THE LICENSEDSOFTWARE, CONTENT UPDATES, AND UPGRADESWILL BE UNINTERRUPTED OR ERROR-FREE. YOUMAYHAVE OTHER WARRANTY RIGHTS,WHICH MAYVARYFROMSTATETOSTATEANDCOUNTRYTOCOUNTRY.

    9. Limitation of Liability:

    TO THE MAXIMUM EXTENT PERMITTED BYAPPLICABLE LAW AND REGARDLESS OF WHETHERANY REMEDY SET FORTH HEREIN FAILS OF ITSESSENTIAL PURPOSE, IN NO EVENT WILL SYMANTECOR ITS LICENSORS, RESELLERS, SUPPLIERS OR

    AGENTS BE LIABLE TO YOU FOR (I) ANY COSTS OFPROCUREMENT OF SUBSTITUTE OR REPLACEMENTGOODS AND SERVICES, LOSS OF PROFITS, LOSS OFUSE, LOSS OF OR CORRUPTION TO DATA, BUSINESSINTERRUPTION, LOSS OF PRODUCTION, LOSS OFREVENUES, LOSSOF CONTRACTS, LOSSOF GOODWILL,OR ANTICIPATED SAVINGS OR WASTEDMANAGEMENT ANDSTAFF TIME; OR (ii) ANYSPECIAL,CONSEQUENTIAL, INCIDENTAL OR INDIRECTDAMAGES WHETHER ARISING DIRECTLY ORINDIRECTLY OUT OF THIS LICENSE AGREEMENT,EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS,SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCHDAMAGES MIGHT OCCUR. IN NO CASE SHALL

    SYMANTEC

    S LIABILITY EXCEED THE FEES YOU PAIDFOR THE LICENSED SOFTWARE GIVING RISE TO THECLAIM. NOTHING IN THIS AGREEMENT SHALLOPERATE SO AS TO EXCLUDE OR LIMIT SYMANTECSLIABILITY TO YOUFOR DEATH OR PERSONAL INJURYARISING OUT OF NEGLIGENCE OR FOR ANY OTHERLIABILITY WHICH CANNOTBE EXCLUDED ORLIMITEDBY LAW. THE DISCLAIMERS AND LIMITATIONS SETFORTH ABOVE WILL APPLY REGARDLESS OFWHETHER OR NOT YOU ACCEPT THE LICENSEDSOFTWARE, CONTENT UPDATES OR UPGRADES.

    10. Maintenance/Support:

    Symantec has no obligation under this LicenseAgreement to provide maintenance/support for theLicensed Software. Any maintenance/support purchasedfor the Licensed Software is subject to Symantecsthen-current maintenance/support policies.

    11. Software Evaluation:

    If theLicensed Software is provided to You forevaluationpurposes and You have an evaluation agreement withSymantec for the Licensed Software, Your rights to

    evaluate the Licensed Software will be pursuant to theterms of such evaluation agreement. If You do not havean evaluation agreement with Symantec forthe LicensedSoftware and if You are provided the Licensed Softwarefor evaluation purposes, the following terms andconditions shall apply. Symantec grants to You anonexclusive, temporary, royalty-free, non-assignablelicense to use the Licensed Software solely for internalnon-production evaluation.Such evaluation license shallterminate (I) on the end date of the pre-determinedevaluation period, if an evaluation period ispre-determined in the Licensed Software or (ii)sixty (60)days from the date of Your initial installation of theLicensed Software, if no such evaluation period ispre-determined in the Licensed Software ("EvaluationPeriod"). The Licensed Software may not be transferredand is provided "AS IS" without warranty of any kind.Youare solelyresponsible to take appropriate measuresto back up Your system and take other measures toprevent any loss of files or data. The Licensed Softwaremay contain an automatic disabling mechanism thatprevents its use after a certain period of time. Uponexpiration of the Licensed Software Evaluation Period,You will cease use of the Licensed Software and destroyall copies of the Licensed Software. All other terms andconditions of this License Agreement shall otherwiseapply to Your evaluation of the Licensed Software aspermitted herein.

    12. U.S. Government Restricted Rights:

    The Licensed Software is deemed to be commercialcomputer software as defined in FAR12.212 and subjectto restricted rights as defined in FAR Section 52.227-19"Commercial Computer Licensed Software - RestrictedRights" and DFARS 227.7202, "Rights in CommercialComputer Licensed Software or Commercial Computer

    Licensed Software Documentation", as applicable, andany successor regulations. Any use, modification,reproduction release, performance, display or disclosureof the Licensed Software by the U.S. Government shallbe solely in accordance with the terms of this LicenseAgreement.

    13. Export Regulation:

    You acknowledge thatthe Licensed Softwareand relatedtechnical data and services (collectively "ControlledTechnology") are subject to the import and export lawsof the United States, specifically the U.S. ExportAdministration Regulations (EAR), and the laws of any

    country where Controlled Technology is imported orre-exported. You agree to comply with all relevant lawsand will not to export any Controlled Technology incontravention to U.S.law norto anyprohibited country,entity, or person for which an export license or othergovernmental approval is required. All Symantecproducts, including the Controlled Technology areprohibited for export or re-export to Cuba, North Korea,Iran, Syria and Sudan and to any country subject torelevant trade sanctions. You hereby agree that You willnot export or sell any Controlled Technology for use in

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    connection withchemical, biological, or nuclear weapons,or missiles, drones or space launch vehicles capable ofdelivering such weapons.

    14. Termination:

    This License Agreement shall terminate upon Yourbreach of any termcontained herein. Upon termination,You shall immediately stop using and destroy all copiesof the Licensed Software.

    15. Survival:

    The following provisions of this License Agreementsurvive termination of this License Agreement:Definitions, License Restrictions and any otherrestrictions on use of intellectual property,Ownership/Title, Warranty Disclaimers, Limitation ofLiability, U.S. Government Restricted Rights, ExportRegulation, Survival, and General.

    16. General:

    16.1. Assignment:

    Youmay notassign therights granted hereunderor thisLicense Agreement, in whole or in part and whether byoperation of contract, law or otherwise, withoutSymantecs prior express written consent.

    16.2. Compliance With Applicable Law:

    You are solely responsible for Your compliance with,and You agree to comply with, all applicable laws, rules,and regulations in connection with Your use of theLicensed Software.

    16.3. Audit:

    An auditor, selected by Symantec and reasonablyacceptable to You, may, upon reasonable notice andduring normal business hours, but not more often thanonce each year, inspect Your records and deployment inorder to confirm that Your use of the Licensed Softwarecomplies with this LicenseAgreementand the applicableLicense Instrument. Symantec shall bear the costs ofany such audit, except where the audit demonstratesthat the Manufacturers Suggested Reseller Price (MSRP)value of Your non-compliant usage exceeds five percent(5%) of theMSRP value of Your compliant deployments.In such case, in addition to purchasing appropriate

    licenses for any over-deployed Licensed Software, Youshall reimburse Symantec for the auditors reasonableactual fees for such audit.

    16.4. Governing Law; Severability; Waiver:

    If You are located in North America or Latin America,this License Agreement will be governed by the laws ofthe State of California, United States of America. If youare located in China, this License Agreement will begoverned by the laws of the Peoples Republic of China.

    Otherwise, this License Agreement will be governed bythe laws of England. Such governing laws are exclusiveof any provisions of the United Nations Convention onContracts for Sale of Goods, including any amendmentsthereto, and without regard to principles of conflicts oflaw. If any provision of this License Agreement is foundpartly or wholly illegal or unenforceable,such provisionshall be enforced to the maximum extent permissible,and remaining provisions of this License Agreementshall remain in full force and effect. A waiver of anybreach or default under this License Agreement shallnot constitute a waiver of any other subsequent breachor default.

    16.5. Third Party Programs:

    This Licensed Software may containthird party softwareprograms ("Third Party Programs") that are availableunder open source or free software licenses. ThisLicenseAgreement does not alter any rights or obligations Youmay have under those open source or free softwarelicenses. Notwithstanding anything to the contrarycontained in such licenses, the disclaimer of warranties

    and the limitation of liability provisions in this LicenseAgreement shall apply to such Third Party Programs.

    16.6. Customer Service:

    Should You have any questions concerning this LicenseAgreement, or if You desire to contact Symantec foranyreason, pleasewrite to:(I) Symantec Enterprise CustomerCare, 555 International Way,Springfield, Oregon 97477,U.S.A., (ii) Symantec Enterprise Customer Care Center,PO BOX 5689, Dublin 15, Ireland, or (iii) SymantecEnterprise Customer Care, 1 Julius Ave, North Ryde,NSW 2113, Australia.

    16.7. Entire Agreement:This License Agreement and any related LicenseInstrument are the complete and exclusive agreementbetween You and Symantec relating to the LicensedSoftware and supersede any previous orcontemporaneous oral or written communications,proposals, and representations with respectto its subjectmatter. This License Agreement prevails over anyconflicting or additional terms of any purchase order,ordering document, acknowledgment or confirmationor other document issued by You, even if signed andreturned.This License Agreementmay only be modifiedby a License Instrument that accompanies or follows

    this License Agreement.

    17. Additional Terms and Conditions:

    Your useof theLicensedSoftwareis subject to thetermsand conditions below in addition to those stated above.

    17.1.

    You may use the Licensed Software for the number oflicensed User(s) and at the Use Levels as have been

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    licensed to You by Symantec herein and as indicated inthe applicable License Instrument. Your LicenseInstrument shall constitute proof of Your right to makeand use such copies. For purposes of this LicenseAgreement, User(s) means an individualpersonand/ordevice authorized by You to use and/or benefits fromtheuse of theLicensedSoftware, or is theperson and/ordevice who actually uses any portion of the LicensedSoftware.

    17.2.

    Notwithstanding anything to the contrary contained inthis License Agreement, if the Licensed Software isSymantec Endpoint Protection, each running instance(physical and/or virtual) of such Software must belicensed. You create an instanceof software byexecuting the softwares setup or install procedure. Youalso create an instanceof software by duplicating anexisting instance. References to software includeinstancesof the software. You run an instanceofsoftware by loading it into memory and executing oneor more of its instructions. Once running, an instance

    is considered to be running (whether or not itsinstructionscontinue to execute) until it is removed frommemory.

    17.3.

    Notwithstanding the provisions of Section 17.2, if Youare using Symantec Endpoint Protection (SEP) on theMicrosoft Windows version 7 operating system(Windows 7), and if theparticular Windows 7 operatingsystem on which You are running SEP permits the useof the Windows XP Modefunctionality, the followingshall apply: Every running instance (physical and/orvirtual) of SEP must be licensed, with the exceptionthat

    You may run one (1) single additional instance of SEPusing the Windows XP Mode functionality withoutpaying an additional license fee. To run two (2) or moreadditional instancesof SEP using theWindows XP Modefunctionality, You mustpay the corresponding additionallicense fees for each additional instance.

    17.4. Privacy; Data Protection.

    1. Information regarding installation of the LicensedSoftware. This information indicates to Symantecwhether installation of the Licensed Software wassuccessfully completed and is collected by Symantecfor the purpose of evaluating and improving

    Symantecs product installation success rate. Thisinformation will not be correlated with any

    personally identifiable information.

    2. Information on potential security risks as well asURLs of websites visited that theLicensedSoftwaredeems potentially fraudulent. This information iscollected by Symantec for the purpose of evaluatingand improving the ability of Symantecs productsto detect malicious behavior, potentially fraudulentwebsites and other Internet security risks. This

    information will not be correlated with anypersonally identifiable information.

    3. Portable executable files that are identified asmalware. These files are submitted to Symantecusing theLicensed Softwares automatic submissionfunction. The collected files could contain personallyidentifiable information that has been obtained bythe malware without your permission. Files of thistype are being collected by Symantec only for the

    purpose of improving the ability of Symantecsproducts to detect malicious behavior. Symantecwill not correlate these files with any personallyidentifiable information. Suchautomaticsubmissionfunction may be deactivated after installation byfollowing the instructions in the Documentation forapplicable products.

    4. The name given during initial setup to the deviceon which the Licensed Software is being installed.If collected, the name will be used by Symantec asan account name for such device under which youmayelectto receive additional services and/orunderwhich you may use certain features of the Licensed

    Software. You may changethe account name at anytime after installation of the Licensed Software(recommended).

    5. The International Mobile Equipment Identity (IMEI)and International Mobile Subscriber Identity (IMSI)forthe mobile telecommunications device used withthe Licensed Software. This information is beingcollected for the purpose of being able to identifythe telecommunications device eligible to receiveContent Updates for the Licensed Software. Thisinformation will not be correlated with any otherpersonally identifiable information.

    6. Other information used for purposes of analyzing

    and improving the functionality of Symantecsproducts. This information will not be correlated

    with any personally identifiable information.

    The collected information as set out above is necessaryfor the purpose of optimizing the functionality ofSymantecs products and may be transferred to theSymantec group in the United States or other countriesthat may have less protective data protection standardsthan the region in which You are situated (including theEuropean Union), but Symantec has taken steps so thatthe collected information, if transferred, receives anadequate level of protection. Symantec maydisclosethecollected information if asked to do so by a law

    enforcement official as required or permitted by law orin response to a subpoena or other legalprocess. In orderto promote awareness, detection and prevention ofInternet security risks, Symantec may share certaininformation with research organizations and othersecurity software vendors. Symantec may also usestatistics derived from the information to track andpublish reports on security risk trends. By using theLicensed Software, you acknowledge and agree thatSymantec may collect, transmit, store, disclose andanalyze such information for these purposes.

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