SOFTWARE AND SERVICES AGREEMENT FOR NORTON FAMILY AND NORTON FAMILY PREMIER
THIS SOFTWARE AND SERVICES AGREEMENT (THE "AGREEMENT") IS AN AGREEMENT BETWEEN YOU ("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 ("SYMANTEC") REGARDING YOUR USE OF NORTON FAMILY AND NORTON FAMILY PREMIER SOFTWARE AND SERVICES (THE "SOFTWARE AND SERVICES").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 "YES" 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 "NO" BUTTON AND DO NOT USE THE SERVICE OR INSTALL THE SOFTWARE, AND CONTACT (i) 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, OR (ii) YOUR SYMANTEC-AUTHORIZED SERVICE PROVIDER ("SERVICE PROVIDER") FOR INFORMATION ON HOW TO OBTAIN A REFUND IF YOU OBTAINED THE SOFTWARE AND SERVICES FROM YOUR SERVICE PROVIDER. THIS REFUND OPTION IS ONLY AVAILABLE FOR PURCHASES OF THE SOFTWARE AND SERVICES AS A STAND-ALONE OFFERING. IF YOU RECEIVED THE SOFTWARE AND SERVICES AS PART OF A SYMANTEC PRODUCT AND/OR SERVICE PACKAGE (A "PACKAGE OFFERING"), ANY REFUND OPTION WILL BE IN ACCORDANCE WITH THE TERMS AND CONDITIONS FOR SUCH PACKAGE OFFERING.
Software, Services, Installation, and Use. The Software and Services include client software and access to related internet services, including but not limited to website categorization, user profiles, and usage reporting.
- Symantec hereby grants You a nonexclusive, nontransferable license to use a binary version of the Software and access the Software and 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.
- 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.
- 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 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 Software and Services (or any features within the Software and Services) to You or to users generally at Symantec’s sole discretion, without prior notice to You. You may stop using the Software and Services at any time. You do not need to inform Symantec specifically when You stop using the 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.
- 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 Software and Services and shall continue unless terminated by You, or until Symantec no longer makes the Software and Services available.
- 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 Software and Services.
- Notwithstanding Sections 2(a) and 2(b) above, if You received the Software and Services as part of a Package Offering, the Service Period shall begin on the date of Your initial use or installation on a Device of: (i) the Software and Services; or (ii) any other software product or mobile application included in such Package Offering.
- Notwithstanding Sections 2(a) and 2(b) above, if You obtained the rights to use the Software and Services from a Service Provider, the Service Period shall be as determined by such Service Provider.
If not renewed for the set purchase price, the Norton Family Premier Software and Services may automatically deactivate upon expiration or termination of the Norton Family Premier Service Period, or the Service Period for the Package Offering, and You will no longer be entitled to use the Norton Family Premier Software and Services; however, You will still be able to use the free-of-charge Norton Family Software and Services.
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 user’s 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.
Scope of License.
- The Software and Services are licensed, not sold. Symantec or its licensors 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, lease or use the Software and Services 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.
- You may not use the Software and 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 Software and Services. You also agree not to use the 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.
During the Service Period, You may:
- make one copy of the Software for back-up or archival purposes, or copy the Software onto the hard disk of Your Device and retain the original for back-up or archival purposes;
- permanently transfer all of Your rights in the Software and Services granted under this Agreement to another person or entity, provided that You retain no copies of the Software and Services and the transferee agrees to all the terms of this Agreement. For the avoidance of doubt, if the Software and Services being transferred is part of a Package Offering, You must transfer all of Your rights to all product offerings included in such Package Offering. Partial transfer of Your rights under this Agreement shall not be permitted and any such attempts shall be void and null. For example, if the Documentation or the applicable transaction documentation from the authorized distributor, reseller, or Service Provider grants You the right to use multiple copies of the Software and Services, only a transfer of all the rights to use all such copies of the Software and Services would be valid. For the avoidance of doubt, the foregoing rights to transfer do not apply if You obtained the Software and Services from Your Service Provider.
Data collection and protection.
A comprehensive list of monitored content collected by the Software and Service is included in the Norton Family Privacy Notice found at https://family.norton.com/familysafety/privacypolicy.fs. Additionally, from time to time, the Software and Services may collect certain information from Your Device, which may include the following:
- 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.
- 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 Symantec’s product installation success rate. This information will not be correlated with any personally identifiable information.
- 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 Symantec’s products to detect malicious behavior, potentially fraudulent websites and other Internet security risks. This information will not be correlated with any personally identifiable information.
- Information on installed applications including, but not limited to; the application name and version, package name, description and dates installed and uninstalled.
- 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).
- 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.
- 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 Symantec’s 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 the Norton Family Privacy Notice found at https://family.norton.com/familysafety/privacypolicy.fs or, if you have any questions, contact us at email@example.com. By using the Software and Services, You acknowledge and agree that Symantec may collect, transmit, store, disclose and analyze such information for these purposes.
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 ("Feedback"). 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.
Technical Support. Symantec is not obligated to provide technical support or maintenance for the Software and 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 Symantec’s 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.
Sixty (60) Day Money Back Guarantee. If You are the original licensee of this copy of the Software and Services and are not completely satisfied with it for any reason, please make no further use of the Software and Services and contact (i) the authorized reseller that sold You the Software and Services, or (ii) the authorized reseller that sold You the device that includes the Software and Services as pre-loaded on the device, if You obtained the Software and Services as part of a device bundled offering, or (iii) Symantec Customer Service, using the contact details set out in Section 14 of this Agreement, for 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. For the avoidance of doubt, the foregoing does not apply if You obtained the Software and Services from Your Service Provider or as part of a Package Offering.
DISCLAIMER OF WARRANTY. THE SOFTWARE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." 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.
U.S. Government Restricted Rights. The Software is deemed to be commercial computer software as defined in FAR 12.212 and subject to restricted rights as defined in FAR Section 52.227-19 "Commercial Computer Software - Restricted Rights" and DFARS 227.7202, "Rights in Commercial Computer Software or Commercial Computer Software Documentation", as applicable, and any successor regulations. Any use, modification, reproduction release, performance, display or disclosure of the Software by the U.S. Government shall be solely in accordance with the terms of this Agreement.
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 "EAR") 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, including Afghanistan and Iraq. 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 State’s 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 "BIS"). More information on the BIS can be found at: http://www.bis.doc.gov/.
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 and Services or this 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 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 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 "NOTICE OF CLAIM". 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 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 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 Symantec’s 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.
Entire Agreement. This Agreement is the entire agreement between You and Symantec relating to the Software and Services and: (i) supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter; and (ii) prevails over any conflicting or additional terms of any quote, order, acknowledgment, or similar communications between the parties.
GENERAL TERMS. If You are located in North America this Agreement will be governed by and construed under the laws of the State of California, without giving effect to such state’s 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. If You are located outside of North America this Agreement will be governed by and construed under the laws of England and Wales. If any provision of this Agreement is ruled invalid, such invalidity shall not affect the validity of the remaining portions of this Agreement. No amendment to this Agreement 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 Agreement 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.
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 and Services. 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.
Apple iTunes App Store Requirements. If the Software is downloaded from the Apple iTunes App Store ("App Store"), You acknowledge and agree to the following additional terms: (a) This Agreement is between You and Symantec only, and not with Apple, Inc. ("Apple") and Apple has no liability for the Software and its content; (b) Your use of the Software is limited to use on an Apple-branded product running the iOS operating system that You own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service; (c) Apple has no obligation to furnish any maintenance and support services with respect to the Software; (d) in the event of any failure of the Software to conform to any applicable warranty that has not been disclaimed, (i) You may notify Apple, and Apple will refund the purchase price You paid through the App Store for the Software and (ii) to the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the Software; (e) Apple is not responsible for any claims, losses, liabilities, damages, costs or expenses relating to the Software or Your possession and/or use of the Software, including, but not limited to (i) product liability or warranty claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement and (iii) consumer protection or similar claims; (f) Apple is not responsible for investigating, defending, settling or discharging any third party claims that the Software or Your possession and use of the Software infringes such third party’s intellectual property right; (g) You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties; (h) should You have any questions concerning this Agreement, or if You desire to contact Symantec for any reason, please write to Symantec customer service at: (i) 555 International Way, Springfield, Oregon 97477, U.S.A., (ii) PO BOX 5689, Dublin 15, Ireland or (iii) 10 Eunos Road 8, #09-02, Singapore Post Centre, Singapore, 408600; (i) You are responsible for complying with any applicable third party terms of agreement when using the Software; and (j) Apple and its subsidiaries are third party beneficiaries of this Agreement; as a third party beneficiary, Apple will have the right to enforce this Agreement against You.
Use of Map Feature. The map feature offered within the Android-based version of the Software and Services is made available by a third party, HERE North America, LLC or HERE Europe B.V., depending on Your location (collectively, "HERE"). If You wish to use the map feature within the Android-based Software and Services, You must agree to the following HERE terms and conditions: https://legal.here.com/en/terms/eula/us/ .
Additional Terms and Conditions.
CPS / NF 6 Aug 2015 / GLBL