The Norton ConnectSafe (the "Service") is provided by Symantec Corporation, if you are located in Americas, Symantec Limited, if you are located in Europe, the Middle East or Africa and Symantec Asia Pacific Pte Ltd, if you are located in Asia Pacific rim ("Symantec").
Subject to your acceptance of and compliance with these Terms of Service and any applicable additional policies for the Service which may be set forth on the applicable Service as may be updated from time to time, Symantec hereby grants you a limited, non-exclusive, non-transferable, non-sublicenseable right and license, subject to Symantec's intellectual property rights, to access the Website and use the Service during the Term (as defined below).
In addition, Symantec may make available to you, for your installation and use in connection with the Services, from time to time, a software client download, data and other content and printed or electronic documentation. Subject to your acceptance of and compliance with these Terms of Service, Symantec hereby grants to you, a limited, non-exclusive, non-sublicencesable, non-transferable license to install and use the software client download during the Term.
In some cases, Symantec may permit certain users who are already registered with Symantec to access the Website and Service without re-registration. In those cases, each of those users will be deemed a "Registered User" upon his or her acceptance of these Terms of Service. In other cases, to access the Website and the Services, you may be required to register for an account by completing Symantec's user registration form. After Symantec's review of your registration information, Symantec in its sole discretion may issue a User ID and password to you, in which case you shall become a "Registered User" after acceptance of these Terms of Service. You represent and warrant that all of the information that you provide to Symantec in the user registration form is truthful and accurate. If you provide any false, inaccurate, or incomplete information in your user registration form, Symantec may immediately terminate your account. Registered Users are responsible for maintaining the confidentiality of their passwords, and are not to share their User IDs or passwords with any other individuals. You agree to immediately notify Symantec of any unauthorized use of any User ID or password. You will be solely responsible and liable for any and all access to and use of the Website or Service (including all activities and transactions) by any person logging in under your account.
Modifications to Services
Symantec reserves the right to modify or discontinue the Services with or without notice to you. Symantec shall not be liable to you or any third party should Symantec exercise its right to modify or discontinue the Service.
Modifications to these Terms of Service
You agree that Symantec may modify these Terms of Service and any other Symantec policies referenced herein, at any time by posting a revised version of the document at issue on the relevant website.
Revisions Effective upon Posting
All revisions to these Terms of Service and any of the other policies shall be effective immediately upon posting of such revisions to the website. It is your responsibility to check the Symatnec.com website pages and the Website regularly for changes to these Terms of Service or the other policies, as applicable. Continued use constitutes acceptance of revised terms. By continuing to use or receive the Services after the effective date of any revisions to the Terms of Service or the other policies, you agree to be bound by the revised term.
The term of the Service (the "Term") will commence when you agree to these Terms of Service, or any revisions hereto, by taking the actions referenced above and will remain in effect until terminated by you or Symantec in accordance with this Section.
You understand that the Service is provided by Symantec as a convenience, but that Symantec may modify, alter, suspend, or discontinue any or all of the Service at any time in its sole discretion. Symantec may suspend or terminate your access for any reason, including your failure to comply with these Terms of Service.
In addition to Symantec's right to terminate or suspend Services to you as described above, you acknowledge that: (i) your access to and use of the Services may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the Services for any reason, including as a result of power outages, system failures or other interruptions and at any time; and (ii) Symantec shall be entitled, without any liability to you, to suspend access to any portion or all of the Services at any time: (a) to perform scheduled or unscheduled maintenance or make any modification or improvement to any of the Services; (b) to mitigate the impact of any denial of service attack or other attack on the Services or other event that Symantec determines, in its sole discretion, may pose a risk to one or more of the Services, to Symantec's network, to you or to any of Symantec's other customers if the Service were not suspended; or (c) if Symantec determines, in its sole discretion, that any Service is prohibited by law or that it is necessary or prudent to do so for legal or regulatory reasons.
The Service will collect certain information, which includes:
The collected information as set out above is necessary for the purpose of 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 reserves the right to cooperate with any legal process and any law enforcement or other government inquiry related to your use of this Service. This means that Symantec may provide documents and information relevant to a court subpoena or to a law enforcement or other government investigation. In order to promote awareness, detection and prevention of Internet security risks, Symantec may share certain 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. By using the Service, you acknowledge and agree that Symantec may collect, transmit, store, disclose and analyze such information for these purposes.
You may not access, download, use or export the Service in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of Symantec in violation of any such restrictions, laws or regulations, or without all necessary approvals, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction. As applicable, you shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of the services of Symantec outside the U.S. Neither the Services of Symantec nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, (i) into Cuba, Iraq, Iran, North Korea, Sudan, Syria or any other country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Denial Orders. By agreeing to these Terms and Conditions of Use, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Restricted Rights Legend
Any url which is downloaded for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Symantec Corporation, 2010.
You agree not to use the Website or Service for any purpose that is unlawful or prohibited by these Terms of Service. You may not access or use the Website or Service in any manner that could damage, disable, overburden, or impair any Symantec accounts, computer systems or networks. You may not attempt to gain unauthorized access to any parts of the Website or Service or any Symantec accounts, computer systems or networks. You may not interfere or attempt to interfere with the proper working of the Website or Service or any Symantec accounts, computer systems or networks. You may not use any robot, spider, scraper or other automated means to access the Service or any Symantec accounts, computer systems or networks without Symantec's express written permission.
Symantec reserves the right to investigate and take appropriate legal or other appropriate action without further notice against anyone who violates these Terms of Service, which may include without limitation the blocking of access to the Website or Service.
This Website, including the Service, contains the valuable intellectual property of Symantec. You may use such intellectual property as necessary for you to use the Service. However, you receive no other licenses or rights, whether express or implied, in any Symantec intellectual property that you may access through this Website or the Service.
Symantec, the Symantec Logo, and other related graphics, logos, service marks, and trade names used on the Website are the trademarks of Symantec or its licensors and may not be used without express written permission. Other identifiers that may appear on the Website may be the property of their respective owners.
You agree to indemnify, defend, and hold harmless Symantec, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, from and against any claim, demand, loss, damages, expenses or other liabilities, including reasonable attorneys' fees, arising out of or relating to (a) any urls you submit through the Service; (b) your use or misuse of the Website the Service; (c) your violation of these Terms of Service; or (d) your violation of any rights, including without limitation, the intellectual property rights, of a third party.
The Website and the Services may provide links to other World Wide Web sites or resources. Because Symantec has no control over such sites and resources, you acknowledge and agree that Symantec is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Your correspondence or business dealings with third parties found through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third parties. You agree that Symantec is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You further acknowledge and agree that Symantec shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, goods, or services available on or through any third-party site or resource and understand that you bear all risks associated with the use of such third party content.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, YOUR USE OF THE WEBSITE AND THE SERVICE IS AT YOUR SOLE RISK. THE WEBSITE AND SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, SYMANTEC EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SYMANTEC MAKES NO WARRANTY THAT (i) THE WEBSITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS OBTAINED FROM THE USE OF THE WEBSITE OR THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR THE SERVICE WILL MEET YOUR EXPECTATIONS; OR (v) ANY ERRORS IN THE WEBSITE OR THE SERVICE WILL BE CORRECTED.
Limitation of Liability
YOU AGREE THAT YOU ARE VOLUNTARILY AND UNEQUIVOCABLY WAIVING ANY LIABILITY IN THE PART OF SYMANTEC. SYMANTEC SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO THE WEBSITE OR THE SERVICE, INCURRED BY YOU OR ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF SYMANTEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, SYMANTEC WILL NOT BE LIABLE TO YOU IN CONNECTION WITH: (i) THE USE OR THE INABILITY TO USE THE WEBSITE OR THE SERVICE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iii) THAT ITS FILES ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODES THAT INCLUDE OR MANIFEST CONTAMINATING OR DESTRUCTIVE CHARACTERISTICS. IN NO EVENT SHALL SYMANTEC'S CUMULATIVE AGGREGATE LIABILITY TO YOU ARISING FROM OR RELATED TO THE WEBSITE OR THE SERVICE EXCEED FIFTY U.S. DOLLARS (U.S. $50).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET FORTH IN THESE TERMS OF SERVICE DO NOT APPLY.
These Terms of Service constitute the entire agreement between you and Symantec governing your use of the Website and the Service, superseding any prior agreements, whether written or oral, between you and Symantec regarding the subject matter hereof. Of course, you also may be subject to additional and separate terms and conditions that apply when you use or purchase other Symantec products, services, or affiliate services, or third-party content or software.
Governing Law and Jurisdiction
These Terms of Service shall be governed by the laws of the State of California without giving effect to any conflict of law principles that may require the application of the law of another jurisdiction. In connection with any claims, dispute, controversies, or proceeding arising from or relating to the Website or the Service, you agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within the Northern District of California. You and Symantec agree to submit to the jurisdiction of, and you hereby consent to the exercise of jurisdiction over you by such courts in any such legal action or proceeding. Symantec makes no representation that information on this web site are appropriate or available for use in all countries, and prohibits accessing materials from territories where contents are illegal. Those who access this site do so on their own initiative and are responsible for compliance with all applicable laws.
The failure of Symantec to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect.
If any clause or provision set forth above is determined to be illegal, invalid or unenforceable under present or future law, then, in that event the clause or provision so determined to be illegal, invalid or unenforceable shall be severable without affecting the enforceability of all remaining clauses or provisions.
The section headings in these Terms of Service are for convenience only and have no legal or contractual effect.
CPS / ConnectSafe 1.0 / USE
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