SOFTWARE
AND SERVICES AGREEMENT FOR
Norton Family
AND
Norton Family PREMIER
This software and services agreement (the
ÒAgreementÓ) is an agreement between You and 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 (ÒSymantecÓ) regarding Your use of Norton
Family software and services (the ÒSoftware and ServicesÓ). The terms of this Agreement also apply
to any updates, supplements, Internet-based services, and support services for
the Software provided by Symantec, unless other terms accompany those items. If
so, those terms apply. READ THE TERMS AND CONDITIONS OF THIS AGREEMENT
CAREFULLY BEFORE USING THE SOFTWARE AND SERVICES. THIS IS A LEGAL AND ENFORCEABLE CONTRACT
BETWEEN YOU AND SYMANTEC. BY
CLICKING THE "I AGREE" OR ÒYESÓ BUTTON OR USING THE SERVICE OR INSTALLING
THE SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND
CONDITIONS, CLICK THE "CANCEL" OR ÒNOÓ BUTTON AND DO NOT USE THE
SERVICE OR INSTALL THE SOFTWARE, AND CONTACT YOUR VENDOR OR SYMANTEC CUSTOMER
SERVICE, USING THE CONTACT DETAILS IN SECTION 14 OF THIS AGREEMENT, FOR
INFORMATION ON HOW TO OBTAIN A REFUND OF THE MONEY YOU PAID FOR THE SOFTWARE AND
SERVICES (LESS SHIPPING, HANDLING, AND ANY APPLICABLE TAXES EXCEPT IN CERTAIN
STATES AND COUNTRIES WHERE SHIPPING, HANDLING, AND TAXES ARE REFUNDABLE) AT ANY
TIME DURING THE SIXTY (60) DAY PERIOD FOLLOWING THE DATE OF PURCHASE.
The
Software is an Internet control product that consists of client software
installed on Your computer, mobile or mobile computing device (a ÒDeviceÓ) that (a)
intercepts Internet-bound traffic and sends it to the Symantec servers for
categorization, and (b) allows You to access Your Norton Family account through
Your Device and any such access and use of Your Norton Family service shall be
governed by this Agreement or the Norton Family terms of use which You agreed
to when You created Your Norton Family account, whichever came first. The
client-server solution is designed to monitor traffic and enable You to limit
access to certain content. The client software on Your Device connects to a
server network infrastructure that is deployed on the internet and operated as
a managed service by Symantec and other service providers.
1. Software,
Services, Installation, and Use. The Software and Services include personal
device software and access to related Internet services, including but not
limited to website categorization, user profiles, and usage reporting.
a. Symantec hereby grants You a
nonexclusive, nontransferable license to use a binary version of the Software
and access the Norton Family Services solely for Your use, and solely in
accordance with the terms and conditions of this Agreement during the Service
Period defined below. You may install one copy of the Software on each Device,
You have in Your home, each of which will be referred to as a licensed Device.
b. You
must agree to provide Symantec with accurate and truthful registration
information, including, but not limited to, Your name, address, telephone
number, and email address to keep Your registration information current during
the Service Period defined below.
c. Symantec is constantly
innovating in order to provide the best possible experience for its users. You
acknowledge and agree that the form and nature of the Norton Family Software
and Services which Symantec provides may change from time to time without prior
notice to you. As part of this
continuing innovation, you acknowledge and agree that Symantec may stop
(permanently or temporarily) providing the Norton Family Services (or any
features within the Norton Family Services) to you or to users generally at
SymantecÕs sole discretion, without prior notice to you. You may stop using the
Norton Family Software and Services at any time. You do not need to
specifically inform Symantec when you stop using the Norton Family Software and
Services. Symantec may at any time without notice or liability restrict the use
of the Software and Services or limit its availability in order to perform
maintenance activities.
2.
Service Period.
a. The Service Period for
the free of charge Norton Family Software and Services shall begin on the date
that you provide registration information for the Service and shall continue unless
terminated by You or until Symantec no longer makes the Service available.
b. The Service Period
for the paid-for Norton Family Premier Software and Services shall begin on the
date of purchase and shall last for the period of time set forth in the
applicable transaction documentation from the authorized reseller from which
You purchased the Service.
Upon expiration
or termination of the Premier Service Period, if not renewed for the set
purchase price, the Premier Software and Services may automatically deactivate
and become non-operational, and You will no longer be entitled to use the Premier
Software or access the Premier Services; however, You will still be able to use
the free of charge version of Norton Family.
3.
Internet-Based Services. Symantec includes Internet-based services as
an integral part of the Software and Services. You may not use the Software or the
Internet-based services in any way that could harm them or impair any other
userÕs use of these services. You may not use these services to gain or attempt
to gain, unauthorized access to any service, data, account or network by any
means.
4. Scope
of License.
a. The
Software is licensed, not sold. Symantec shall retain all right, title and
interest in the Software and Services, including without limitation all
intellectual property rights embodied therein. You do not acquire any rights,
express or implied, in the Software and Services, other than those specified in
this Agreement. You may not
distribute, sublicense, rent or lease the Software or use the Software except
as provided under this Agreement. You agree not to cause or permit the reverse
engineering, disassembly, decompilation or other attempt (i) to defeat, avoid,
bypass, remove, deactivate or otherwise circumvent any software protection
mechanisms in, or (ii) to derive the source code of the underlying ideas,
algorithms, structure or organization from the Software and Services, except to
the extent required by law.
b. You may
not use the Software or the Internet-based services to upload, transmit, or
transfer any data, information, materials, or content to Symantec or any third
party other than transmissions or transfers of information necessary for the intended
use of the Norton Family Software and Services. You also agree not to use the Norton
Family Software and Services for any unlawful or improper purpose. Specifically, You agree that your use of
the Software and Services will be in compliance with the local laws which are
applicable to You.
5. Data
collection and protection
From time
to time, the Software and Services may collect certain information from Your Device,
which may include:
á The Software accesses the
International Mobile Equipment Identity (IMEI) in order to generate a hash that
ensures anonymity. The hash is used to analyze and aggregate equipment data for
statistical purposes. The above information is used for the purpose of
identifying the telecommunications device eligible to receive updates for the
Software. This information will not
be correlated with any other personally identifiable information, such as Your
account information. After the service has terminated the data is retained in
statistical form exclusively for internal research.
á URLs of
websites visited as well as search keywords and search results only if the
Norton Safe Web feature is enabled.
This information is collected by Symantec for the purpose of providing
protection and of evaluating and advising You regarding potential threats and
risks that may be associated with a particular Web site before You view it.
á Information
regarding installation of the Software.
This information indicates to Symantec whether installation of the
Software was successfully completed and is collected by Symantec for the
purpose of evaluating and improving SymantecÕs product installation success
rate. This information will not be correlated with any personally identifiable
information.
á Information
on potential security risks as well as URLs of websites visited that the
Software deems potentially fraudulent.
The URLs could contain personally identifiable information that a
potentially fraudulent website is attempting to obtain without Your permission.
This information is collected by Symantec for the purpose of evaluating and
improving the ability of SymantecÕs products to detect malicious behavior,
potentially fraudulent websites and other Internet security risks. This information will not be correlated
with any personally identifiable information.
á Information
on installed applications including, but not limited to; the application name
and version, package name, description and dates installed and uninstalled.
á The name given,
during initial setup, to the Device on which the Software is being
installed. If collected, the name
will be used by Symantec as an account name for such Device under which You may
elect to receive additional services and/or under which You may use certain
features of the Software. You may
change the account name at any time after installation of the Software
(recommended).
á The
Internet Protocol (IP) address and/or Media Access Control (MAC) address and
the Machine ID of the Device on which the Software is installed to enable the
Software to function and for license administration purposes.
á Other
general, statistical information used for product administration and analysis,
and for improving product functionality.
This information will not be correlated with any personally identifiable
information.
All of
the collected information as set out above is necessary for the purpose of
delivering or optimizing the functionality of SymantecÕs products 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 anonymous security 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. For more information about the
protection of your personal information, please consult Norton Family Privacy
Notice found at https://onlinefamily.norton.com/familysafety/privacypolicy.fs
or, if you have any questions, contact us at privacy@symantec.com. By using the
Software, You acknowledge and agree that Symantec may collect, transmit, store,
disclose and analyze such information for these purposes.
6. FEEDBACK. Feedback
consists of any of Your suggestions, comments or other feedback, whether it is
required or provided on a voluntary basis, relating to the Software and
Services (ÒFeedbackÓ). If You
provide Symantec with any Feedback, as required or on a voluntary basis, as
part of Your use of the Software and Services, You agree that: (a) Symantec may
freely use, disclose, reproduce, license, distribute and otherwise
commercialize the Feedback in any Symantec product, specification or other
documentation; and (b) You will not give Symantec any Feedback (1) that You
have reason to believe is subject to any patent, copyright, or other
intellectual property claim or right of any third party; or (2) that is subject
to license terms that seek to require any Symantec product incorporating or
derived from any Feedback, or other Symantec intellectual property, to be
licensed to or otherwise shared with any third party. You also grant third parties, without
charge, those patent rights necessary to enable their products to use or
interface with any specific parts of a Symantec product that incorporate the
Feedback.
7. Technical
Support. Symantec is not obligated to
provide technical support or maintenance for the Norton Family Software or
Services. However, certain
technical support features may be offered which may include, but not be limited
to, knowledge base articles available from the Symantec site. If such features
are offered and You choose to access such support the following terms shall
apply. Any such support shall be provided in SymantecÕs sole discretion without
any guarantee or warranty of any kind.
It is solely Your responsibility to complete a backup of all Your
existing data, software and programs before utilizing support. Symantec reserves the right to refuse,
suspend or terminate any of the support in its sole discretion.
8. Sixty (60) Day Money Back Guarantee. If You are the original licensee of this
copy of the Software and are not completely satisfied with it for any reason,
please make no further use of the Software and contact Symantec Customer
Service, using the contact details set out in Section 10 of this License
Agreement, for a refund of the money You paid for the Software (less shipping,
handling, and any applicable taxes except in certain states and countries where
shipping, handling and taxes are refundable) at any time during the sixty (60)
day period following the date of purchase
9.
DISCLAIMER OF WARRANTY. THE SOFTWARE AND SERVICES ARE PROVIDED ÒAS
IS" AND ÒAS AVAILABLE.Ó SYMANTEC
AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL CONDITIONS AND WARRANTIES, INCLUDING
BUT NOT TO LIMITED WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL
THEORY SHALL SYMANTEC OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DIRECT,
CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND
ARISING OUT OF OR RELATED TO THIS LICENSE, EVEN IF SYMANTEC HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
10. 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, ÒRights in Commercial Computer Software
or Commercial Computer Software DocumentationÓ, 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 Agreement.
11. Export
Regulation. The Software and Services are subject to export
controls administered by the United States and other countries. Diversion
contrary to U.S. law is strictly prohibited.
You agree
to comply with the requirements of the Export Administration Regulations (the
ÒEARÓ) and all applicable international, national, state, regional and local
laws, and regulations, including any applicable import and use
restrictions. The Software and
Services are currently prohibited for export or re-export to Cuba, North Korea,
Iran, Iraq, Libya, Syria and Sudan or to any country subject to applicable
trade sanctions. You agree not to export, or re-export, directly or indirectly,
the Software or Services to any country outlined in the EAR, nor to any person
or entity on the Department of Commerce Denied Persons, Entities and Unverified
Lists, the U.S. Department of StateÕs Debarred List, or on the U.S. Department
of Treasury's lists of Specially Designated Nationals, Specially Designated
Narcotics Traffickers, or Specially Designated Terrorists, as revised from time
to time.
USE OR FACILITATION OF SYMANTEC SOFTWARE OR
SERVICES IN CONNECTION WITH ANY ACTIVITY INCLUDING, BUT NOT LIMITED TO, THE
DESIGN, DEVELOPMENT, FABRICATION, TRAINING, OR TESTING OF CHEMICAL, BIOLOGICAL,
OR NUCLEAR MATERIALS, OR MISSILES, DRONES, OR SPACE LAUNCH VEHICLES CAPABLE OF
DELIVERING WEAPONS OF MASS DESTRUCTION IS PROHIBITED, IN ACCORDANCE WITH U.S.
LAW.
By
downloading, installing or using the Software or Services, You are agreeing to
the foregoing and all applicable export and import control laws. You are also
warranting that You are not under the control of, located in, or a resident or
national of any prohibited country or on any lists above. The information on
export laws provided herein is not necessarily complete. For more information
on export laws, please contact the U.S. Department of Commerce, Bureau of
Industry and Security (the ÒBISÓ). More information on the BIS can be found at:
http://www.bis.doc.gov/.
12.
Arbitration:
If You
are a U.S. customer, You and Symantec agree that any dispute, claim or
controversy arising out of or relating in any way to the Software or this License Agreement, shall be determined
by binding arbitration or small claims court, instead of in courts of general
jurisdiction. Arbitration is more informal than a lawsuit in court.
Arbitration uses a neutral arbitrator instead of a judge or jury, allows for
more limited discovery than in court, and is subject to very limited review by
courts. Arbitrators can award the
same damages and relief that a court can award. You agree that, by
agreeing to this License Agreement, the U.S. Federal Arbitration Act
governs the interpretation and enforcement of this arbitration provision, and
that You and Symantec are each waiving the right to a trial by jury or to
participate in a class action. This arbitration provision shall survive
termination of this License Agreement and/or the termination of Your Symantec
product license.
If You
elect to seek arbitration, You must first send to Symantec, by certified mail,
a written Notice of Your claim ("Notice of Claim"). The Notice
of Claim to Symantec should be addressed to: General Counsel, Symantec, Inc.,
350 Ellis Street, Mountain View, CA 94043
and should be prominently captioned ÒNOTICE OF CLAIMÓ. The Notice of Claim should include both
the mailing address and email address You would like Symantec to use to contact
You. If Symantec elects to seek
arbitration, it will send, by certified mail, a written Notice of Claim to Your
billing address on file. A Notice
of Claim, whether sent by You or by Symantec, must (a) describe the nature and
basis of the claim or dispute; and (b) set forth the specific amount of damages
or other relief sought ("Demand").
If You
and Symantec do not reach an agreement to resolve the claim within thirty (30)
days after the Notice of Claim is received, You or Symantec may commence an
arbitration proceeding or file a claim in small claims court. You may
download or copy a form of notice and a form to initiate arbitration at www.adr.org. If You are required to pay a
filing fee, Symantec will promptly reimburse You for Your payment of the filing
fee after arbitration is commenced. The arbitration will be governed by
the Commercial Arbitration Rules and the Supplementary Procedures for Consumer
Related Disputes (collectively, "AAA Rules") of the American
Arbitration Association ("AAA"), as modified by this License
Agreement, and will be administered by the AAA. The AAA Rules and Forms
are available online at www.adr.org or by
calling the AAA at 1-800-778-7879. The arbitrator is bound by the terms of
this License Agreement. All issues are for the arbitrator to decide,
including issues relating to the scope and enforceability of this arbitration
provision. Unless Symantec and You agree otherwise, any arbitration
hearings will take place in the county (or parish) of either the mailing
address You provided in Your Notice or, if no address was provided in Your
Notice, Your billing address on file. If Your claim is for U.S. $10,000
or less, Symantec agrees that You may choose whether the arbitration will be
conducted solely on the basis of documents submitted to the arbitrator, through
a telephonic hearing, or by an in-person hearing as established by the AAA
Rules. If Your claim exceeds U.S. $10,000, the right to a hearing will be
determined by the AAA Rules. Regardless of the manner in which the
arbitration is conducted, the arbitrator shall issue a reasoned written
decision sufficient to explain the essential findings and conclusions on which
the award is based. If the arbitrator issues You an award that is greater
than the value of SymantecÕs last written settlement offer made before an
arbitrator was selected (or if Symantec did not make a settlement offer before
an arbitrator was selected), then Symantec will pay You, in addition to the
award, either U.S. $500 or 10% of the amount awarded, whichever is greater.
Except as expressly set forth herein, the payment of all filing, administration
and arbitrator fees will be governed by the AAA Rules.
YOU AND
SYMANTEC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED
CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both You and Symantec
agree otherwise, the arbitrator may not consolidate more than one person's
claims with Your claims, and may not otherwise preside over any form of a
representative or class proceeding. If this specific provision is found
to be unenforceable, then the entirety of this arbitration provision shall be
null and void. The arbitrator may award declaratory or injunctive relief
only in favor of the individual party seeking relief and only to the extent
necessary to provide relief warranted by that party's individual claim.
13.
Entire Agreement. This Agreement and the terms for supplements,
updates, Software (including any agreement that may be included with the
software provided by Symantec for use with the Norton Family Service),
Internet-based services and support services that You use, are the entire
agreement for the software and support services.
14.
GENERAL TERMS. This Agreement will be governed by and construed
under the laws of the State of California, without giving effect to such
stateÕs conflict of laws principles. Any legal action or proceeding related to
this Agreement shall be instituted in a state or federal court in Santa Clara
County, California. Symantec and
You agree to submit to the jurisdiction of, and agree that venue is proper in,
these courts in any such legal action or proceeding. You will not export the Software or any
direct product thereof, directly or indirectly, in violation of U.S. export
control laws and other applicable export and import laws or use the Software
and Services for any purpose prohibited by these laws. If any provision of this
License is ruled invalid, such invalidity shall not affect the validity of the
remaining portions of this License. No amendment to this License will be
binding unless evidenced by a writing signed by the party against whom it is
sought to be enforced. No waiver by either Symantec or You of any breach or
default under this License shall be deemed to be a waiver of any of any other
breach or default under this Agreement. Should
You have any questions concerning this Agreement, or if You desire to contact
Symantec for any reason, please write to (i) Symantec Customer Service, 555
International Way, Springfield, OR 97477, U.S.A., (ii) Symantec Consumer
Support, PO Box 5689, Dublin 15, Ireland, or (iii) Symantec Customer Service, Level 7, 181 Miller St, North Sydney , NSW
2060, Australia, or visit the
Support page for Your country or region, which can be located at http://www.symantec.com/globalsites/index.jsp.
15. Legal
Effect. This Agreement describes certain legal rights. You may have other
rights under the laws of Your state or country. You may also have rights with
respect to the party from whom You acquired the Software. This Agreement does
not change Your rights or obligations under the laws of Your state or country
if the laws of Your state or country do not permit it to do so.
CPS / NF 2.6 / GLBL