LEGAL NOTICE:
The source code contained herein is not intended to allow the development of source code or software for use or distribution. The source code included in this archive is licensed pursuant to the following terms for Peer Review purposes only. If you wish to distribute, compile, modify or otherwise use the source code for any reason that is not specifically allowed in this Agreement, you must contact Network Associates and negotiate a separate license agreement.
Network Associates Source Code Peer Review License Agreement
(Examination Only)
NOTICE TO ALL USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT ("AGREEMENT"), FOR THE LICENSE OF SPECIFIED SOURCE CODE ("SOURCE CODE") BY NETWORKS ASSOCIATES, INC. ("NETWORK ASSOCIATES"). BY CLICKING THE ACCEPT BUTTON OR INSTALLING OR DOWNLOADING THE SOURCE CODE, YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE BUTTON THAT INDICATES THAT YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT AND DO NOT INSTALL OR DOWNLOAD THE SOURCE CODE.
1. License Grant. Subject to the terms and conditions of this Agreement, Network Associates hereby grants to you a non-exclusive, non-transferable right to examine the Source Code for "Peer Review". As used herein, the term "Peer Review" means your examination of the Source Code solely for the purpose of verifying and analyzing its contents and investigating the integrity of the security mechanisms provided. Your right to examine the Source Code includes a right to compile the Source Code for Peer Review purposes only, the "Compiled Code". In accepting this license for Peer Review, you understand and agree that you are hereby obligated to promptly notify Network Associates of any bugs, errors, architecture issues or problems found with the Source Code or Compiled Code. All rights not expressly set forth hereunder are reserved by Network Associates. Network Associates reserves the right to periodically conduct audits upon advance written notice to verify your compliance with the terms of this Agreement.
2. Restrictions. Except as otherwise provided herein, you may not, without prior written permission from NAI:
(i) Copy, modify, create derivative works from, distribute, sublicense, sell, lease, license, rent, loan, or otherwise transfer the Source Code or Compiled Code, with or without consideration;(ii) Use or compile the Source Code, or any part of the Source Code for any purpose other than that stated in Section 1 above;
(iii) Create archival copies of the Source Code or Compiled Code (or allow someone else to use such copies) for any purpose;
(iv) Sublicense, lend, lease, or rent the Source Code, Compiled Code or any works resulting from the Source Code;
(v) transfer any of the rights granted to you under this Agreement;
(vi) Provide, or otherwise disclose information regarding any discovered bugs, errors, architecture issues or problems with the Source Code or Compiled Code to any party other than Network Associates, or disclose the results of any benchmark test any third parties without Network Associates' prior written consent.
(vii) Provide, or otherwise disclose, the Source Code or Compiled Code to any third party, person or entity, or provide or disclose the Source Code or Compiled Code within your own organization to employees who are not directly involved in the permitted use as delineated in Section 1 above.
At all times, you must protect the confidential, proprietary and trade secret nature of the Source Code. You shall use all reasonable efforts to ensure that no improper or unauthorized use of the Source Code or Compiled Code is made; you must ensure that the source code is in a single, secure location under your control and password protected at all times, with a minimum number of individuals with access to or knowledge of such password. Each individual having the ability to access the Source Code must first execute a written non-disclosure agreement which obligates such individual to maintain the confidential, proprietary and trade secret nature of the source code and such agreement must be at least as protective on NAI's rights as this Agreement. You may only provide or disclose the Source Code or Compiled Code to those of your employees who must have access to the Source Code or Compiled Code and who are not otherwise involved, directly or indirectly, in the development of any software products which may compete, directly or indirectly, with the Source Code or Compiled Code. You and any of your employees who are provided access to the Source Code under the terms of this Agreement shall forever be prohibited from developing or modifying substantially similar products or derivative works with respect to the Source Code. "Substantially similar" and "derivative works," as used herein, are defined as such terms are used under the U.S. Copyright Act, 17 U.S.C 101, et seq., and U.S. Federal law.
3. Term. This Agreement is effective unless and until earlier terminated by Network Associates at its convenience upon notice to you or as otherwise set forth herein. This Agreement will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of this Agreement, you must destroy all copies of the Source Code and Compiled Code.
4. Updates. Network Associates does not offer updates or technical support for the Source Code or Compiled Code, however, your feedback as required under the terms of this Agreement is welcomed. Please see Section 12 for contact information.
5. Ownership Rights. The Source Code and Compiled Code is protected by United States copyright laws and international treaty provisions. Network Associates and its suppliers own and retain all right, title and interest in and to the Source Code and Compiled Code, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein. Your possession, or use of the Source Code or Compiled Code does not transfer to you any title to the intellectual property in the Source Code or Compiled Code, and you will not acquire any rights to the Source Code or Compiled Code except as expressly set forth in this Agreement. All copies of the Source Code and Compiled Code made hereunder must contain the same proprietary notices that appear on and in the Source Code.
6. Warranty Disclaimer. Because the Source Code is provided to you at no cost, THE SOURCE CODE IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NETWORK ASSOCIATES DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE SOURCE CODE OR COMPILED CODE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOURCE CODE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE DOWNLOAD, INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOURCE CODE OR COMPILED CODE. WITHOUT LIMITING THE FOREGOING PROVISIONS, NETWORK ASSOCIATES MAKES NO WARRANTY THAT THE SOURCE CODE OR COMPILED CODE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOURCE CODE OR COMPILED CODE WILL MEET YOUR REQUIREMENTS. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.
7. Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL NETWORK ASSOCIATES OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES. IN NO EVENT WILL NETWORK ASSOCIATES BE LIABLE FOR ANY DAMAGES IN EXCESS OF ONE U.S. DOLLAR ($1), EVEN IF NETWORK ASSOCIATES SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.
8. United States Government. The Source Code and Compiled Code and accompanying Documentation are deemed to be "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the Source Code or Compiled Code by the United States Government shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement.
9. Export Controls. You are advised that the Source Code and Compiled Code is subject to the U.S. Export Administration Regulations and diversion contrary to U.S. law is prohibited. You agree not to export, import or transfer the Source Code or Compiled Code to any country which may be embargoed from time to time by the U.S. government, or contrary to U.S. or other applicable laws, and will not cause, approve or otherwise facilitate others such as agents or any third parties in doing so. You represent and agree that neither the United States Bureau of Export Administration nor any other federal agency has suspended, revoked or denied your export privileges. You agree not to use or transfer the Source Code or Compiled Code for end use relating to any nuclear, chemical or biological weapons, or missile technology unless authorized by the U.S. Government by regulation or specific license. You understand that the Source Code and Compiled Code contains encryption and may be subject to import and/or use restrictions in other countries. You understand it is your ultimate responsibility to comply with any and all export and import laws and that Network Associates has no further responsibility to you after the initial export of the Source Code to you from the United States.
10. High Risk Activities. The Source Code and Compiled Code are not fault-tolerant and is not designed or intended for use in hazardous environments requiring fail-safe performance, including without limitation, in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, direct life-support machines, or any other application in which the failure of the Source Code or Compiled Code could lead directly to death, personal injury, or severe physical or property damage (collectively, "High Risk Activities"). Network Associates expressly disclaims any express or implied warranty of fitness for High Risk Activities.
11. Miscellaneous. This Agreement is governed by the laws of the United States and the State of California, without reference to conflict of laws principles. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. This Agreement sets forth all rights for the user of the Source Code or Compiled Code and is the entire agreement between the parties. This Agreement supersedes any other communications with respect to the Source Code or Compiled Code and Documentation. This Agreement may not be modified except by a written addendum issued by a duly authorized representative of Network Associates. No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by Network Associates or a duly authorized representative of Network Associates. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The parties confirm that it is their wish that this Agreement has been written in the English language only.
12. NETWORK ASSOCIATES CUSTOMER CONTACT.
If you have any questions concerning these terms and conditions, if you would like to license the Source Code for use or distribution other than as provided herein, please send email to oemsales@pgp.com.
To report bugs, errors, architecture issues or problems with the Source Code or Compiled Code, please send email to peerreview@pgp.com.
If you would like to contact Network Associates for any other reason, please call (408) 988-3832, fax (408) 970-9727, or write: Network Associates, Inc., 3965 Freedom Circle, Santa Clara, California 95054. http://www.nai.com.