Symantec Endpoint Protection and Symantec Network Access Control
Symantec Endpoint Protection and Symantec Network Access Control
1. Definitions:
"Content Updates" means content used by certain Symantec products which is updated from time to time, including
but not limited to: updated anti-spyware definitions for anti-spyware products; updated antispam rules for antispam
products; updated virus definitions for antivirus and crimeware products; updated URL lists for content filtering and
antiphishing products; updated firewall rules for firewall products; updated intrusion detection data for intrusion
detection products; updated lists of authenticated web pages for website authentication products; updated policy
compliance rules for policy compliance products; and updated vulnerability signatures for vulnerability assessment
products.
"Documentation" means the user documentation Symantec provides with the Licensed Software.
"License Instrument" means one or more of the following applicable documents which further defines Your license
rights to the Licensed Software: a Symantec license certificate or a similar license document issued by Symantec, or
a written agreement between You and Symantec, that accompanies, precedes or follows this License Agreement.
"Licensed Software" means the Symantec software product, in object code form, accompanying this License
Agreement, including any Documentation included in, or provided for use with, such software or that accompanies
this License Agreement.
"Support Certificate" means the certificate sent by Symantec confirming Your purchase of the applicable Symantec
maintenance/support for the Licensed Software.
"Upgrade" means any version of the Licensed Software that has been released to the public and which replaces the
prior version of the Licensed Software on Symantecs price list pursuant to Symantecs then-current upgrade
policies.
"Use Level" means the license use meter or model (which may include operating system, hardware system,
application or machine tier limitations, if applicable) by which Symantec measures, prices and licenses the right to
use the Licensed Software, in effect at the time an order is placed for such Licensed Software, as indicated in this
License Agreement and the applicable License Instrument.
2. License Grant:
Subject to Your compliance with the terms and conditions of this License Agreement, Symantec grants to You the
following rights: (i) a non-exclusive, non-transferable (except as stated otherwise in Section 16.1) license to use the
Licensed Software solely in support of Your internal business operations in the quantities and at the Use Levels
described in this License Agreement and the applicable License Instrument; and (ii) the right to make a single
uninstalled copy of the Licensed Software for archival purposes which You may use and install for disaster-recovery
purposes (i.e. where the primary installation of the Licensed Software becomes unavailable for use).
2.1. Term:
The term of the Licensed Software license granted under this License Agreement shall be perpetual (subject to
Section 14) unless stated otherwise in Section 17 or unless You have obtained the Licensed Software on a nonperpetual basis, such as, under a subscription or term-based license for the period of time indicated on the applicable
License Instrument. If You have obtained the Licensed Software on a non-perpetual basis, Your rights to use such
Licensed Software shall end on the applicable end date as indicated on the applicable License Instrument and You
shall cease use of the Licensed Software as of such applicable end date.
3. License Restrictions:
You may not, without Symantecs prior written consent, conduct, cause or permit the: (i) use, copying, modification,
rental, lease, sublease, sublicense, or transfer of the Licensed Software except as expressly provided in this License
Agreement; (ii) creation of any derivative works based on the Licensed Software; (iii) reverse engineering,
disassembly, or decompiling of the Licensed Software (except that You may decompile the Licensed Software for
the purposes of interoperability only to the extent permitted by and subject to strict compliance under applicable
law); (iv) use of the Licensed Software in connection with service bureau, facility management, timeshare, service
provider or like activity whereby You operate or use the Licensed Software for the benefit of a third party; (v) use of
the Licensed Software by any party other than You; (vi) use of a later version of the Licensed Software other than
the version that accompanies this License Agreement unless You have separately acquired the right to use such later
version through a License Instrument or Support Certificate; nor (vii) use of the Licensed Software above the
quantity and Use Level that have been licensed to You under this License Agreement or the applicable License
Instrument.
4. Ownership/Title:
The Licensed Software is the proprietary property of Symantec or its licensors and is protected by copyright law.
Symantec and its licensors retain any and all rights, title and interest in and to the Licensed Software, including in all
copies, improvements, enhancements, modifications and derivative works of the Licensed Software. Your rights to
use the Licensed Software shall be limited to those expressly granted in this License Agreement. All rights not
expressly granted to You are retained by Symantec and/or its licensors.
5. Content Updates:
If You purchase a Symantec maintenance/support offering consisting of or including Content Updates, as indicated
on Your Support Certificate, You are granted the right to use, as part of the Licensed Software, such Content Updates
as and when they are made generally available to Symantecs end user customers who have purchased such
maintenance/support offering and for such period of time as indicated on the face of the applicable Support
Certificate. This License Agreement does not otherwise permit You to obtain and use Content Updates.
6. Upgrades/Cross-Grades:
Symantec reserves the right to require that any upgrades (if any) of the Licensed Software may only be obtained in
a quantity equal to the number indicated on the applicable License Instrument. An upgrade to an existing license
shall not be deemed to increase the number of licenses which You are authorized to use. Additionally, if You upgrade
a Licensed Software license, or purchase a Licensed Software license listed on the applicable License Instrument to
cross-grade an existing license (i.e. to increase its functionality, and/or transfer it to a new operating system,
hardware tier or licensing meter), then Symantec issues the applicable Licensed Instrument based on the
understanding that You agree to cease using the original license. Any such license upgrade or cross-grade is provided
under Symantec's policies in effect at the time of order. This License Agreement does not separately license You for
additional licenses beyond those which You have purchased, and which have been authorized by Symantec as
indicated on the applicable License Instrument.
7. Limited Warranty:
7.1. Media Warranty:
If Symantec provides the Licensed Software to You on tangible media, Symantec warrants that the magnetic media
upon which the Licensed Software is recorded will not be defective under normal use, for a period of ninety (90)
days from delivery. Symantec will replace any defective media returned to Symantec within the warranty period at
no charge to You. The above warranty is inapplicable in the event the Licensed Software media becomes defective
due to unauthorized use of the Licensed Software. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE
REMEDY FOR SYMANTECS BREACH OF THIS WARRANTY.
8. Warranty Disclaimers:
WARRANTY DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE
WARRANTIES SET FORTH IN SECTIONS 7.1 AND 7.2 ARE YOUR EXCLUSIVE WARRANTIES AND ARE
IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY
RIGHTS. SYMANTEC MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE LICENSED
SOFTWARE, CONTENT UPDATES OR UPGRADES WILL MEET YOUR REQUIREMENTS OR THAT
OPERATION OR USE OF THE LICENSED SOFTWARE, CONTENT UPDATES, AND UPGRADES WILL BE
UNINTERRUPTED OR ERROR-FREE. YOU MAY HAVE OTHER WARRANTY RIGHTS, WHICH MAY VARY
FROM STATE TO STATE AND COUNTRY TO COUNTRY.
9. Limitation of Liability:
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, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (I)
ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS
OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF
PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED
SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL,
INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS
LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR
AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTECS
LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE
CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT
SYMANTECS LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE
OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE
DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR
NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.
10. Maintenance/Support:
Symantec has no obligation under this License Agreement to provide maintenance/support for the Licensed
Software. Any maintenance/support purchased for the Licensed Software is subject to Symantecs then-current
maintenance/support policies.
14. Termination:
This License Agreement shall terminate upon Your breach of any term contained herein. Upon termination, You
shall immediately stop using and destroy all copies of the Licensed Software.
15. Survival:
The following provisions of this License Agreement survive termination of this License Agreement: Definitions,
License Restrictions and any other restrictions on use of intellectual property, Ownership/Title, Warranty
Disclaimers, Limitation of Liability, U.S. Government Restricted Rights, Export Regulation, Survival, and General.
16. General:
16.1. Assignment:
You may not assign the rights granted hereunder or this License Agreement, in whole or in part and whether by
operation of contract, law or otherwise, without Symantecs prior express written consent.
16.3. Audit:
An auditor, selected by Symantec and reasonably acceptable to You, may, upon reasonable notice and during normal
business hours, but not more often than once each year, inspect Your records and deployment in order to confirm
that Your use of the Licensed Software complies with this License Agreement and the applicable License
Instrument. Symantec shall bear the costs of any such audit, except where the audit demonstrates that the
Manufacturers Suggested Reseller Price (MSRP) value of Your non-compliant usage exceeds five percent (5%) of
the MSRP value of Your compliant deployments. In such case, in addition to purchasing appropriate licenses for any
over-deployed Licensed Software, You shall reimburse Symantec for the auditors reasonable actual fees for such
audit.
17.2.B
If the License Instrument indicates that You have received a license for Symantec Endpoint Protection for Network
Servers or Symantec Endpoint Protection Small Business for Network Servers ("SEP Network Server"), You may
use such SEP Network Server on a per Server basis and at the Use Levels as have been licensed to You by Symantec
herein and as indicated in the applicable License Instrument. Your License Instrument shall constitute proof of Your
right to make and use such copies.
17.2.C
If the License Instrument indicates that You have received a license for Symantec Endpoint Protection for EMC
("SEP EMC"), You may use such SEP EMC on a per Terabyte basis and at the Use Levels as have been licensed to
You by Symantec herein and as indicated in the applicable License Instrument. Your License Instrument shall
constitute proof of Your right to make and use such copies.
without paying an additional license fee. To run two (2) or more additional instances of the SEP agent using the
MED-V functionality, You must pay the corresponding additional license fees for each additional instance.
(a) information that describes the configuration of the Licensed Software such as: operating system
information, server hardware and software configuration specifics, CPU name, memory size, Licensed
Software version, and features for installed packages;
(b) information on potential security risks and URLs of websites visited that the Licensed Software deems
potentially fraudulent (such URLs could contain personal information that a potentially fraudulent website
is attempting to obtain without Your permission), and portable executable files and files with executable
content that are identified as malware, and which may contain personal information, including information
on the actions taken by such files at the time of installation;
(c) status information regarding installation and operation of the Licensed Software, which may contain
personal information only if such information is included in the name of the file or folder encountered by
the Licensed Software at the time of installation or error, and indicates to Symantec whether installation of
the Licensed Software was successfully completed, as well as whether the Licensed Software has
encountered an error.
Subsections (a), (b), and (c) collectively shall be referred to herein as the "Transmitted Information".
The Licensed Software utilizes the LiveUpdate functionality. For the LiveUpdate functionality, please refer to the
LiveUpdate privacy notice available at http://www.symantec.com/about/profile/policies/luprivacy.jsp.
Transmission of certain of the above Transmitted Information may be deactivated during and after installation by
following the instructions in the Documentation for the applicable Licensed Software. Submission of the Transmittd
Information is not required and You will be able to use the Licensed Software even if You do not submit the
Transmitted Information to Symantec.
17.10. Benchmarks
You may not disclose the results of any benchmark tests or other tests connected with the Licensed Software to any
third party without Symantec's prior written consent.
GPL will govern Your use of the GPL Third Party Programs. Notwithstanding any provision to the contrary, this
License Agreement does not apply to the GPL Third Party Programs. Source code for the GPL Third Party Programs
is available from Symantec at http://www.symantec.com/connect/developers/downloads.
Preamble
The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU
General Public License is intended to guarantee your freedom to share and change free software--to make sure the
software is free for all its users. This General Public License applies to most of the Free Software Foundation's
software and to any other program whose authors commit to using it. (Some other Free Software Foundation
software is covered by the GNU Library General Public License instead.) You can apply it to your programs, too.
When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed
to make sure that you have the freedom to distribute copies of free software (and charge for this service if you wish),
that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new
free programs; and that you know you can do these things.
To protect your rights, we need to make restrictions that forbid anyone to deny you these rights or to ask you to
surrender the rights. These restrictions translate to certain responsibilities for you if you distribute copies of the
software, or if you modify it.
For example, if you distribute copies of such a program, whether gratis or for a fee, you must give the recipients all
the rights that you have. You must make sure that they, too, receive or can get the source code. And you must show
them these terms so they know their rights.
We protect your rights with two steps: (1) copyright the software, and (2) offer you this license which gives you
legal permission to copy, distribute and/or modify the software.
Also, for each author's protection and ours, we want to make certain that everyone understands that there is no
warranty for this free software. If the software is modified by someone else and passed on, we want its recipients to
know that what they have is not the original, so that any problems introduced by others will not reflect on the
original authors' reputations.
Finally, any free program is threatened constantly by software patents. We wish to avoid the danger that
redistributors of a free program will individually obtain patent licenses, in effect making the program proprietary. To
prevent this, we have made it clear that any patent must be licensed for everyone's free use or not licensed at all.
The precise terms and conditions for copying, distribution and modification follow.
b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than
your cost of physically performing source distribution, a complete machine-readable copy of the corresponding
source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software
interchange; or,
c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This
alternative is allowed only for noncommercial distribution and only if you received the program in object code or
executable form with such an offer, in accord with Subsection b above.)
The source code for a work means the preferred form of the work for making modifications to it. For an executable
work, complete source code means all the source code for all modules it contains, plus any associated interface
definition files, plus the scripts used to control compilation and installation of the executable. However, as a special
exception, the source code distributed need not include anything that is normally distributed (in either source or
binary form) with the major components (compiler, kernel, and so on) of the operating system on which the
executable runs, unless that component itself accompanies the executable.
If distribution of executable or object code is made by offering access to copy from a designated place, then offering
equivalent access to copy the source code from the same place counts as distribution of the source code, even though
third parties are not compelled to copy the source along with the object code.
4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License.
Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically
terminate your rights under this License. However, parties who have received copies, or rights, from you under this
License will not have their licenses terminated so long as such parties remain in full compliance.
5. You are not required to accept this License, since you have not signed it. However, nothing else grants you
permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do
not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program),
you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or
modifying the Program or works based on it.
6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives
a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions.
You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not
responsible for enforcing compliance by third parties to this License.
7. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited
to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the
conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as
to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a
consequence you may not distribute the Program at all. For example, if a patent license would not permit royaltyfree redistribution of the Program by all those who receive copies directly or indirectly through you, then the only
way you could satisfy both it and this License would be to refrain entirely from distribution of the Program.
If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the
section is intended to apply and the section as a whole is intended to apply in other circumstances.
It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest
validity of any such claims; this section has the sole purpose of protecting the integrity of the free software
distribution system, which is implemented by public license practices. Many people have made generous
contributions to the wide range of software distributed through that system in reliance on consistent application of
that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other
system and a licensee cannot impose that choice.
This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License.
8. If the distribution and/or use of the Program is restricted in certain countries either by patents or by copyrighted
interfaces, the original copyright holder who places the Program under this License may add an explicit
geographical distribution limitation excluding those countries, so that distribution is permitted only in or among
countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this
License.
9. The Free Software Foundation may publish revised and/or new versions of the General Public License from time
to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new
problems or concerns.
Each version is given a distinguishing version number. If the Program specifies a version number of this License
which applies to it and "any later version", you have the option of following the terms and conditions either of that
version or of any later version published by the Free Software Foundation. If the Program does not specify a version
number of this License, you may choose any version ever published by the Free Software Foundation.
10. If you wish to incorporate parts of the Program into other free programs whose distribution conditions are
different, write to the author to ask for permission. For software which is copyrighted by the Free Software
Foundation, write to the Free Software Foundation; we sometimes make exceptions for this. Our decision will be
guided by the two goals of preserving the free status of all derivatives of our free software and of promoting the
sharing and reuse of software generally.
NO WARRANTY
11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE
PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED
IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH
YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION.
12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY
COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE
PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO
USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED
INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM
TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
END OF TERMS AND CONDITIONS
You should have received a copy of the GNU General Public License along with this program; if not, write to the
Free Software Foundation, Inc., 59 Temple Place, Suite 330, Boston, MA 02111-1307 USA
Also add information on how to contact you by electronic and paper mail.
If the program is interactive, make it output a short notice like this when it starts in an interactive mode:
Gnomovision version 69, Copyright (C) year name of author Gnomovision comes with ABSOLUTELY NO
WARRANTY; for details type `show w'. This is free software, and you are welcome to redistribute it under certain
conditions; type `show c' for details.
The hypothetical commands `show w' and `show c' should show the appropriate parts of the General Public License.
Of course, the commands you use may be called something other than `show w' and `show c'; they could even be
mouse-clicks or menu items--whatever suits your program.
You should also get your employer (if you work as a programmer) or your school, if any, to sign a "copyright
disclaimer" for the program, if necessary. Here is a sample; alter the names:
Yoyodyne, Inc., hereby disclaims all copyright interest in the program `Gnomovision' (which makes passes at
compilers) written by James Hacker.
signature of Ty Coon, 1 April 1989
Ty Coon, President of Vice
This General Public License does not permit incorporating your program into proprietary programs. If your program
is a subroutine library, you may consider it more useful to permit linking proprietary applications with the library. If
this is what you want to do, use the GNU Library General Public License instead of this License.