THIS END USER LICENSE AGREEMENT ("AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER ON BEHALF OF YOURSELF AS AN INDIVIDUAL OR ON BEHALF OF AN ENTITY AS ITS AUTHORIZED REPRESENTATIVE) AND ZONEALARM, A CHECK POINT SOFTWARE TECHNOLOGIES, INC. COMPANY ("LICENSOR"). PLEASE READ THIS AGREEMENT CAREFULLY AND PRINT OUT A COPY FOR YOUR RECORDS. THIS AGREEMENT SUPERSEDES PREVIOUS VERSIONS.
BY CHECKING THE AGREEMENT CHECKBOX BELOW AND DOWNLOADING, DEPLOYING, INSTALLING, COPYING OR OTHERWISE USING LICENSOR’S SOFTWARE YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, CLICK ON THE "CANCEL" BUTTON AND/OR DO NOT DOWNLOAD, DEPLOY, INSTALL, COPY OR OTHERWISE USE THE SOFTWARE.
1. SOFTWARE: As used in this Agreement, the term "Software" refers to the Licensor software which you have selected to download or deploy. The term "Software" also shall include any upgrades, modified versions or updates of the Software made available to you by Licensor. The Software is deemed accepted by you upon download or deployment of the Software. The term "Software" also includes any third party software made available to you by Licensor.
2. GRANT OF LICENSE: Subject to the terms of this Agreement, Licensor hereby grants you a perpetual, non-exclusive, non-transferable right to: (i) install or deploy the Software, (ii) use the Software for your internal use, and (iii) copy the Software for back-up or archival purposes. Notwithstanding the foregoing, you acknowledge and agree that, depending on the version (free, instant, trial or fully licensed, as applicable) of Software you select to download or deploy, certain restrictions may apply to your use of the Software and certain features of the Software ("Special Features") may be unavailable to you or available subject to certain limitations, as follows:
2.1 FREE VERSIONS, IF AVAILABLE: You may only download or deploy and use a free non-trial version of the Software if you are (i) an individual (and then only for your personal home use) or (ii) a not-for-profit charitable entity as set forth in U.S.C., Title 26, Section 501(c)(3) (excluding government entities and educational institutions). If you select to download a free non-trial version of the Software, you will be unable to access the Special Features of the Software unless you upgrade to a fully licensed version of the Software (provided such option is made available to you), and pay the applicable fees, if any.
2.2 TRIAL VERSIONS, IF AVAILABLE: If you select to download or deploy a free trial version of the Software, you will be able to access the Special Features of the Software only for a limited trial period (the "Trial Period"). Unless you pay the applicable license fee for the Software and install a license key (as described in Section 7 ("License Keys"), the Special Features of the Software will become inoperable or blocked for access and automatically expire and You may not have access to past data at the end of your Trial Period. In the event that you pay the applicable license fee for the Software, your ability to access the Special Features of the Software on the number of computers for which you have paid the applicable license fee will continue perpetually, subject to the terms of this Agreement.
2.3 FULLY LICENSED VERSIONS: If you select to download or deploy a fully licensed version of the Software and pay the applicable license fee, your ability to access the Special Features of the Software on the number of computers, or the number of Facebook accounts for the SocialGuard product, as the case may be, for which you have paid the applicable license fee will continue perpetually (or for as long as you continue to pay for Subscription Services for the SocialGuard product), subject to the terms of this Agreement.
2.4 SERVICE VERSION: If you are receiving this Software as a service then this software shall only operate if the applicable fee is paid in accordance with the applicable provider’s policy.
2.5 VERSIONS INCLUDING ANTI-SPYWARE: If you elect to receive the anti-spyware feature (if available) you explicitly request Licensor to make a determination for you on the potential effect identified programs may have on your system. You agree that we may automatically delete certain programs and/or provide you the customized ability to delete certain programs. The deletion of these programs may be in violation with other license agreements you have knowingly or unknowingly agreed to. The deletion of these programs and the potential violation of a third party license is your responsibility. Licensor has no ability to verify what, if any, third party agreements you may have agreed to.
3. SUBSCRIPTION SERVICES: If you select to download or deploy a fully licensed version of the Software (or upgrade to a fully licensed version of the Software if you have previously downloaded or deployed a free or trial version of the Software), you may receive Subscription Services as provided in this Section 3. The term "Subscription Services" includes technical support and/or such additional services as Licensor may, in Licensor’s discretion, make available to you for the designated time the subscription service was purchased.
3.1 TECHNICAL SUPPORT: Subject to payment of the applicable license fee, Licensor may provide you with technical support, for a limited period commencing on your payment of such license fee. You may obtain continued technical support for a specified period of time by paying Licensor’s applicable then-current fee for Subscription Services and installing the applicable license keys, provided that such option is made available to you. All technical support is provided subject to Licensor’s then-current technical support policy, and includes such updates to the Software as Licensor may make generally available thereunder from time to time in Licensor’s sole discretion. In the event you are eligible to receive such updates to the Software, Licensor will notify you when such updates are available to be downloaded by you. All updates to the Software shall be governed by this Agreement unless other license terms are provided with the update.
3.2 ADDITIONAL SERVICES: During the time you are eligible to receive technical support, Licensor may, in Licensor’s sole discretion, also make certain additional web-based security services available to you. Such additional services will be provided subject to Licensor’s then-current policies regarding use of such additional services. Licensor reserves the right to discontinue any such additional services and/or offer new additional services at any time, without right to refund or set-off.
3.3 VERSION SUPPORT: Licensor, in its sole discretion, may discontinue ongoing support for specific operating system and web browser versions. For updated support notifications on your operating system, please visit www.zonealarm.com.
4. SOCIALGUARD PRODUCT:
(i) SocialGuard is dependent on the Facebook Application Programming Interface (API). You acknowledge that certain SocialGuard applications may not be useable or accessible, either on a temporary or permanent basis, in the event changes occur in the Facebook API.
(ii) You acknowledge that SocialGuard retrieves from the Facebook API certain personal data of the Facebook account. This data is stored in an encrypted file on the personal computer on which You install SocialGuard.
5. LICENSE RESTRICTIONS: You acknowledge that the foregoing license extends only to your use of the features and functionality of the Software as described in the online documentation accompanying the version of the Software downloaded or deployed by you (the "Documentation"), and you agree not to reconfigure or modify the Software in order to enable features or functionality different than those described in such Documentation or available in other Licensor products without notifying Licensor and paying the applicable Software upgrade fee. You may not: (i) reverse engineer, decompile, or disassemble the Software; (ii) modify, or create derivative works based upon the Software in whole or in part; (iii) distribute copies of the Software; (iv) remove any proprietary notices or labels on the Software; or (v) resell, lease, rent, transfer, sublicense, or otherwise transfer rights to the Software. Any use in violation of this Section shall immediately terminate your license to the Software.
6. THIRD PARTY SOFTWARE: Certain third party software that may be included with the Software is subject to additional terms and conditions imposed by Licensor’s third party licensor(s). Such terms and conditions, located in the "About" pages of the Software and are deemed incorporated herein by reference.
7. LICENSE KEYS: You acknowledge that the Software may contain a license key. If you select to download or deploy a trial or fully licensed version of the Software, and pay the applicable license fee for the Software, Licensor will provide you an initial license key for installation with the Software which will enable you to (i) use the Software (including Special Features) during the term of your license and (ii) obtain certain subscription-based services ("Subscription Services") for a limited period pursuant to the terms of Section 3 ("Subscription Services"). In the event you subsequently purchase continued Subscription Services pursuant to Section 3 ("Subscription Services"), and at each renewal thereof, Licensor will provide you additional license key(s) for installation with the Software to enable you to obtain such Subscription Services for the applicable subscription period. You agree not to purchase any license keys or similar computer code for the Software from any source other than Licensor or Licensor’s authorized partners.
8. TITLE: You agree that no title to the intellectual property in the Software, Subscription Services (as defined), or license keys is transferred to you. Title, ownership, rights, and intellectual property rights in and to the Software, Subscription Services, and license keys shall remain in Licensor and/or Licensor’s licensors. The Software, Subscription Services and license keys are protected by intellectual property laws of the United States and other countries and by international treaties.
9.1 Limited Warranty. Licensor warrants to you that the encoding of the Software on the media on which the Software is furnished will be free from defects in material and workmanship, and that the Software shall substantially conform to its user manual, as it exists at the date of delivery, for a period of ninety (90) days from the date you receive the original License Key. Licensor’s entire liability and your exclusive remedy shall be, at Licensor's option, either: (i) return of the price paid to Licensor for the Software, resulting in the termination of this Agreement, or (ii) repair or replacement of the Software or media that does not meet this limited warranty. Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. This warranty gives you specific legal rights. You may have other rights that vary from state to state.
9.2 GENERAL: The Software and Subscription Services are provided to you at minimal charge. Licensor does not guarantee that use of the Software or Subscription Services will be uninterrupted or error-free. Licensor does not guarantee that the information accessed by the Software or Subscription Services will be accurate or complete. You acknowledge that performance of the Software and Subscription Services may be affected by any number of factors, including without limitation, technical failure of the Software, the acts or omissions of third parties and other causes reasonably beyond the control of Licensor. You acknowledge that with data encryption Software, unrecoverable data loss may potentially occur. You are solely responsible for backing up any and all of your data prior to installation of the Software and on an ongoing basis. Certain features of the Software may not be forward-compatible with future versions of the Software and use of such features with future versions of the Software may require purchase of the applicable future version of the Software.
9.3 AS IS SALE: EXCEPT FOR THE LIMITED WARRANTIES SET FORTH IN SECTION 9.1, YOU AGREE THAT LICENSOR AND ITS LICENSORS HAVE MADE NO EXPRESS WARRANTIES, ORAL OR WRITTEN, TO YOU REGARDING THE SOFTWARE AND SUBSCRIPTION SERVICES AND THAT THE SOFTWARE AND SUBSCRIPTION SERVICES ARE BEING PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ACKNOWLEDGE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE AND/OR SUBSCRIPTION SERVICES IS WITH YOU. SHOULD THE SOFTWARE AND/OR SUBSCRIPTION SERVICES PROVE DEFECTIVE, YOU (AND NOT LICENSOR, THE RETAILER, OR ANY DISTRIBUTOR), ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIRS.
9.4 DISCLAIMER: LICENSOR DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT WITHOUT LIMITATION, (i) THE IMPLIED WARRANTIES OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (ii) THAT THE SOFTWARE OR SUBSCRIPTION SERVICES WILL AVERT OR PREVENT ALL OR EVERY INSTANCE INDICATED BY THE PRODUCTS FUNCTIONALITY (OR THE CONSEQUENCES THEREFROM) THAT THE SOFTWARE OR SUBSCRIPTION SERVICES ARE DESIGNED TO DETECT AND/OR PREVENT EVERY POSSIBLE THREAT OR PROBLEM; OR (iii) THAT ANY INFORMATION ACCESSED BY THE SOFTWARE OR SUBSCRIPTION SERVICES WILL BE ACCURATE OR COMPLETE. THIS WARRANTY DISCLAIMER AFFECTS YOUR LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
10. Limitation on Liability. EXCEPT FOR BODILY INJURY OF A PERSON, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES ARISING OUT OF THE SUBJECT MATTER OF THIS AGREEMENT, THE PRODUCT OR ANY SERVICES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), OR FOR LOSS OF OR CORRUPTION OF DATA, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR TECHNOLOGY, IRRESPECTIVE OF WHETHER LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY PROVISION IS INCLUSIVE OF DATA LOSS, WHICH IS POSSIBLE WITH THE SOFTWARE. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP ANY AND ALL OF YOUR DATA PRIOR TO INSTALLATION OF THE SOFTWARE AND ON AN ONGOING BASIS. IN ACCORDANCE WITH THE ABOVE LIMITATIONS AND THS SPECIFIC LIMITATION, LICENSOR'S MAXIMUM LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE LICENSE FEES RECEIVED BY LICENSOR UNDER THIS AGREEMENT FOR THE PARTICULAR PRODUCT(S) WHICH CAUSED THE DAMAGES. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.
11. TERMINATION: This Agreement shall terminate automatically if you fail to comply with the terms of this Agreement. No notice shall be required from Licensor to effect such termination. You may also terminate this Agreement at any time by notifying Licensor in writing of termination. Upon any termination of this Agreement, you must uninstall and destroy all copies of the Software.
12.1 COMPLIANCE WITH EXPORT CONTROL LAWS: You acknowledge that Software is subject to the export control laws and regulations of the United States ("U.S.") and agree to abide by those laws and regulations. Under U.S. law, the Software may not be downloaded, deployed or otherwise exported, reexported, or transferred to restricted countries, restricted end-users, or for restricted end-uses. The U.S. currently has embargo restrictions against Cuba, North Korea, Iran, Syria or Sudan. The lists of restricted end-users are maintained on the U.S. Commerce Department’s Denied Persons List, the Commerce Department’s Entity List, the Commerce Department’s List of Unverified Persons, and the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons. In addition, the Software may not be downloaded, deployed or otherwise exported, reexported, or transferred to an end-user engaged in activities related to weapons of mass destruction. Such activities include, but are not necessarily limited to, activities related to: (1) the design, development, production or use of nuclear materials, nuclear facilities, or nuclear weapons; (2) the design, development, production or use of missiles or support of missile projects; and (3) the design, development, production, or use of chemical or biological weapons. By downloading, deploying or using the Software, you are agreeing to the foregoing. You are also warranting that you are not (i) located in, or a resident or national of, a restricted country; (ii) on any of the U.S. lists of restricted end-users; or (iii) engaged in any activity related to weapons of mass destruction. You understand that the requirements and restrictions of U.S. law as applicable to you may vary depending on the software downloaded or deployed and may change over time, and that, to determine the precise controls applicable to the software, it is necessary to refer to the U.S. Export Administration Regulations and the U.S. Foreign Assets Control Regulations.
12.2 U.S. GOVERNMENT RIGHTS: The Software under this Agreement is commercial computer software as that term is described in 48 C.F.R. 252.227-7014(a)(1). If acquired by or on behalf of a civilian agency, the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of this Agreement as specified in 48 C.F.R. 12.212 (Computer Software) and 12.211 (Technical Data) of the Federal Acquisition Regulations ("FAR") and its successors. If acquired by or on behalf of any agency within the Department of Defense ("DOD"), the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of this Agreement as specified in 48 C.F.R. 227.7202-3 of the DOD FAR Supplement ("DFAR") and its successors.
12.3 GOVERNING LAW AND SEVERABILITY: This Agreement shall be governed by and construed in accordance with the laws of the State of California, without reference to its choice of law provisions. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
12.4 ENTIRE AGREEMENT: You agree that this is the entire agreement between you and Licensor, and that it supersedes any prior agreement, whether written or oral, and all other communications between Licensor and you relating to the subject matter of this Agreement. This Agreement may be amended, modified or supplemented only by a writing that is signed by the authorized representatives of both parties.
12.5 RESERVATION OF RIGHTS: All rights not expressly granted in this Agreement are reserved by Licensor.
12.6. SURVIVAL. All Sections of this Agreement, which by their nature or intent, are intended to survive expiration or termination of this Agreement, shall so survive, including, but not limited to: Section 8 (Title); Section 9.2 (General); Section 9.3 (As Is Sale); Section 9.4 (Disclaimer); Section 10 (Limitation of Liability); Section 11 (Termination); and Section 12 (Miscellaneous).
©1998-2011 ZONEALARM, A CHECK POINT SOFTWARE TECHNOLOGIES, INC. COMPANY. All rights reserved. All trademarks and/or service marks of Licensor used in connection with the Software are trademarks and registered trademarks of Check Point Software Technologies, Inc., in the United States and other countries. The Software is protected by U.S. Patent No. 5,987,611.