SYMANTEC SOFTWARE LICENSE AGREEMENT SYMANTEC CORPORATION AND/OR ITS AFFILIATES ("SYMANTEC") IS WILLING TO LICENSE THE LICENSED SOFTWARE TO YOU AS THE INDIVIDUAL, THE COMPANY, OR THE LEGAL ENTITY THAT WILL BE UTILIZING THE LICENSED SOFTWARE (REFERENCED BELOW AS "YOU" OR "YOUR") ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS LICENSE AGREEMENT ("LICENSE AGREEMENT"). READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE USING THE LICENSED SOFTWARE. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND SYMANTEC. BY OPENING THE LICENSED SOFTWARE PACKAGE, BREAKING THE LICENSED SOFTWARE SEAL, CLICKING THE "I AGREE" OR "YES" BUTTON, OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR LOADING THE LICENSED SOFTWARE OR OTHERWISE USING THE LICENSED SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, CLICK THE "I DO NOT AGREE" OR "NO" BUTTON OR OTHERWISE INDICATE REFUSAL AND MAKE NO FURTHER USE OF THE LICENSED SOFTWARE. UNLESS OTHERWISE DEFINED HEREIN, CAPITALIZED TERMS WILL HAVE THE MEANING GIVEN IN THE "DEFINITIONS" SECTION OF THIS LICENSE AGREEMENT AND SUCH CAPITALIZED TERMS MAY BE USED IN THE SINGULAR OR IN THE PLURAL, AS THE CONTEXT REQUIRES. 1. DEFINITIONS. "Collected Data" means certain information which Symantec may collect, retain, disclose and use in connection with Your use of the Licensed Software and may include, but is not limited to, personally identifiable information about You, Your employees, agents or contractors acting on Your behalf, Your devices or systems or Your Licensed Software usage. "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. "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. "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 Symantec's price list pursuant to Symantec's 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 Section 17 of this License Agreement. 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 Section 17 of this License Agreement; 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 for the period of time specified in Section 17. Your rights to use such Licensed Software shall end at the end of Your purchased term and You shall cease use of the Licensed Software as of such applicable end date. 3. LICENSE RESTRICTIONS. You may not, without Symantec's 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; nor (vii) use of the Licensed Software above the quantity and Use Level that have been licensed to You under this License Agreement. 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. As part of the Licensed Software, You are granted the right to use Content Updates during the term of Your license, as and when such Content Updates are made generally available to Symantec's end user customers. This License Agreement does not otherwise permit You to obtain and use Content Updates. 6. UPGRADES. 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 certificate. 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, then Symantec issues the applicable license certificate based on the understanding that You agree to cease using the original license. Any such license upgrade 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. 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 SYMANTEC'S BREACH OF THIS WARRANTY. 7.2. PERFORMANCE WARRANTY. Symantec warrants that the Licensed Software, as delivered by Symantec and when used in accordance with the Documentation, will substantially conform to the Documentation for a period of ninety (90) days from delivery. If the Licensed Software does not comply with this warranty and such non-compliance is reported by You to Symantec within the ninety (90) day warranty period, Symantec will do one of the following, selected at Symantec's reasonable discretion: either (i) repair the Licensed Software, (ii) replace the Licensed Software with software of substantially the same functionality, or (iii) terminate this License Agreement and refund the relevant license fees paid for such non-compliant Licensed Software. The above warranty specifically excludes defects resulting from accident, abuse, unauthorized repair, modifications or enhancements, or misapplication. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC'S BREACH OF THIS WARRANTY. 8. 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 SYMANTEC'S 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 SYMANTEC'S 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. If maintenance/support is included with your license of the Licensed Software, as specified on the purchase confirmation page for Your license, such maintenance/support shall be provided in accordance with the then-current applicable Symantec policies for such maintenance/support. 11. SOFTWARE EVALUATION. If the Licensed Software is provided to You for evaluation purposes and You have an evaluation agreement with Symantec for the Licensed Software, Your rights to evaluate the Licensed Software will be pursuant to the terms of such evaluation agreement. If You do not have an evaluation agreement with Symantec for the Licensed Software and if You are provided the Licensed Software for evaluation purposes, the following terms and conditions shall apply. Symantec grants to You a nonexclusive, temporary, royalty-free, non-assignable license to use the Licensed Software solely for internal non-production evaluation. Such evaluation license shall terminate (i) on the end date of the pre-determined evaluation period, if an evaluation period is pre-determined in the Licensed Software or (ii) sixty (60) days from the date of Your initial installation of the Licensed Software, if no such evaluation period is pre-determined in the Licensed Software ("Evaluation Period"). The Licensed Software may not be transferred and is provided "AS IS" without warranty of any kind. You are solely responsible to take appropriate measures to back up Your system and take other measures to prevent any loss of files or data. The Licensed Software may contain an automatic disabling mechanism that prevents its use after a certain period of time. Upon expiration of the Licensed Software Evaluation Period, You will cease use of the Licensed Software and destroy all copies of the Licensed Software. All other terms and conditions of this License Agreement shall otherwise apply to Your evaluation of the Licensed Software as permitted herein. 12. U.S. GOVERNMENT RESTRICTED RIGHTS. The Licensed 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 Licensed Software - Restricted Rights" and DFARS 227.7202, "Rights in Commercial Computer Licensed Software or Commercial Computer Licensed Software Documentation", as applicable, and any successor regulations. Any use, modification, reproduction release, performance, display or disclosure of the Licensed Software by the U.S. Government shall be solely in accordance with the terms of this License Agreement. 13. EXPORT REGULATION. You acknowledge that the Licensed Software and related technical data and services (collectively "Controlled Technology") are subject to the import and export laws of the United States, specifically the U.S. Export Administration Regulations (EAR), and the laws of any country where Controlled Technology is imported or re-exported. You agree to comply with all relevant laws and will not export any Controlled Technology in contravention to U.S. law nor to any prohibited country, entity, or person for which an export license or other governmental approval is required. All Symantec products, including the Controlled Technology are prohibited for export or re-export to Cuba, North Korea, Iran, Syria and Sudan and to any country subject to relevant trade sanctions. You hereby agree that You will not export or sell any Controlled Technology for use in connection with chemical, biological, or nuclear weapons, or missiles, drones or space launch vehicles capable of delivering such weapons. 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 Symantec's prior express written consent. 16.2. COMPLIANCE WITH APPLICABLE LAW. You are solely responsible for Your compliance with, and You agree to comply with, all applicable laws, rules, and regulations in connection with Your use of the Licensed Software. 16.3. AUDIT. Symantec may audit Your use of the Licensed Software to verify Your usage complies with Your license agreements with Symantec, including without limitation through collection and use of Collected Data, self-certifications, on-site audits and/or audits done using a third party auditor. If Your usage of the Licensed Software is not compliant, You will promptly pay to Symantec any fees applicable to Your use of the Licensed Software in excess of Your license rights. Symantec shall bear the costs of any such audit, except where the audit demonstrates that the Manufacturer's 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 fees for the audit. 16.4. GOVERNING LAW; SEVERABILITY; WAIVER. If You are located in North America or Latin America, this License Agreement will be governed by the laws of the State of California, United States of America. If You are located in China, this License Agreement will be governed by the laws of the Peoples Republic of China. Otherwise, this License Agreement will be governed by the laws of England. Such governing laws are exclusive of any provisions of the United Nations Convention on Contracts for Sale of Goods, including any amendments thereto, and without regard to principles of conflicts of law. If any provision of this License Agreement is found partly or wholly illegal or unenforceable, such provision shall be enforced to the maximum extent permissible, and remaining provisions of this License Agreement shall remain in full force and effect. A waiver of any breach or default under this License Agreement shall not constitute a waiver of any other subsequent breach or default. 16.5. THIRD PARTY PROGRAMS. This Licensed Software may contain third party software programs ("Third Party Programs") that are available under open source or free software licenses. This License Agreement does not alter any rights or obligations You may have under those open source or free software licenses. Notwithstanding anything to the contrary contained in such licenses, the disclaimer of warranties and the limitation of liability provisions in this License Agreement shall apply to such Third Party Programs. Any applicable Third Party Notice can be obtained at http://www.symantec.com/about/profile/policies/eulas/, or successor URL. 16.6. CUSTOMER SERVICE. Should You have any questions concerning this License Agreement, or if You desire to contact Symantec for any reason, please write to: (i) Symantec Enterprise Customer Care, 555 International Way, Springfield, Oregon 97477, U.S.A., (ii) Symantec Enterprise Customer Care Center, PO BOX 5689, Dublin 15, Ireland, or (iii) Symantec Enterprise Customer Care, 1 Julius Ave, North Ryde, NSW 2113, Australia. 16.7. ENTIRE AGREEMENT. This License Agreement is the complete and exclusive agreement between You and Symantec relating to the Licensed Software and supersedes any previous or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter. This License Agreement prevails over any other software license agreement residing within the Licensed Software itself and over any conflicting or additional terms of any purchase order, ordering document, acknowledgement or confirmation or other document issued by You, even if signed and returned. This License Agreement may only be modified by a written amendment executed by both You and Symantec that accompanies or follows this License Agreement. 17. ADDITIONAL TERMS AND CONDITIONS. Your use of the Licensed Software or any software that accompanies the Licensed Software is subject to the terms and conditions below in addition to those stated above. 17.1 ADDITIONAL DEFINITIONS. "Amazon" means Amazon Web Services, Inc. "Amazon Marketplace" means the AWS online store offering software and services to customers for purchase and deployment within AWS. "Amazon Web Services Account" means licensee's AWS account with Amazon used to launch AWS Instances, store and transfer data, run applications and receive billing. "AWS" means Amazon Web Services, a virtual cloud computing environment. "AWS Instance" means a single virtual computing machine operating within AWS. "Hour" means a period of 60 consecutive minutes during which the Licensed Software runs for any length of time within such period. "Year" means a period of 8760 consecutive Hours, during which the Licensed Software may or may not run for any length of time during such period. 17.2 ADDITIONAL USE RIGHTS AND LIMITATIONS. 17.2A Use Level. In accordance with Section 2 above and solely within AWS, You may use a single copy of the Licensed Software per AWS Instance purchased by You through Your Amazon Web Services Account. Your use of the Licensed Software may not exceed the maximum quantity of Licensed Software licenses permitted for the AWS computing environment size You have purchased through Your Amazon Web Services Account, as stipulated on the AWS Marketplace site for the Licensed Software. 17.2B Term. The term of Your license shall remain in effect for the number of Hours or Years (as applicable) for which You have paid for the use of the Licensed Software on Your Amazon Web Services Account, provided this Agreement has not been earlier terminated. 17.2C AWS Availability. You are solely responsible for Your connection to AWS. Symantec is not responsible for any aspect of AWS, including without limitation AWS' uptime or availability. 17.2D If the Licensed Software is provided to You for evaluation purposes under Section 11, the Symantec Insight (reputation) functionality will be disabled unless You are provided a license key that enables such functionality. 17.2E The rights and license to use the Licensed Software granted to You by Symantec under this License Agreement shall also apply to Your use of the software development kits ("SDKs") and source code files included as part of the Licensed Software package. You may not use or copy the SDKs or source code files included with the Licensed Software package without a corresponding valid license to use the Licensed Software. 17.3 PRIVACY; DATA COLLECTION. For the purposes of this Section 17.3, references to "You" shall include Your network administrator(s) or any designated member of Your organization, as applicable. 17.3A Transmitted Information. The Licensed Software collects from Your environment and automatically transmits to Symantec data, which may include, without limitation, Licensed Software version, sku, OS version and language, SSEID, memory and disk size, hashed domain name, deployment use case (e.g., mail, web proxy), status of URL filtering feature (whether enabled or disabled), status of Symantec Insight (reputation) functionality (whether enable or disabled) which uses a security technology that puts files in context, using age, frequency, location and more to expose threats otherwise missed, Internet Protocol (IP) address and/or media access control address and the machine ID of the system on which the Licensed Software is installed, source IP address and/or URL of the portable executable file being scanned ("Transmitted Information"). The Transmitted Information will be used for the purposes of: (i) enabling and optimizing the performance of the Licensed Software, (ii) internal research and development, including improving Symantec's products and services, (iii) statistical analysis of product deployment, including analysis of trends and comparison in the aggregated install base, and/or (iv) for license administration purposes. 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. 17.3B Stored Data. The Licensed Software collects from Your environment and stores in Your environment data, which may include, without limitation, user name, computer name and IP address ("Stored Information"). The Stored Information will be transmitted to Symantec only if You choose to do so, either manually or by configuring the Licensed Software. Transmitting this data to Symantec is optional and You will be able to use the software even if You do not transfer the data to Symantec. The Stored Information is used to enable the functionality of the Licensed Software. 17.3C Purposes of data collection. The Transmitted Information will be used for the purposes of: (i) enabling and optimizing the performance of the Licensed Software, (ii) internal research and development, including improving Symantec's products and services, and/or (iii) statistical analysis of product deployment, including analysis of trends and comparison in the aggregated install base. 17.3D Technical Support. In the event that You provide information to Symantec in connection with a technical support request ("Technical Support Information"), such information will be processed and used by Symantec for the purpose of providing the requested technical support, including performing error analysis. 17.3E Sharing and Transfer. In order to promote awareness, detection and prevention of internet security risks, Symantec may share the information collected through the Licensed Software and/or the Technical Support Information (the "Collected Information") with research organizations and other security software vendors. Symantec may also use statistics derived from the Collected Information through the Licensed Software or submitted by You, to track and publish reports on security risk trends. The Collected Information may be transferred to Symantec Corporation, its affiliates and contractors 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) and will be stored and processed manually and electronically through global systems and tools for the purposes above. The Collected Information may be accessible by Symantec employees or contractors on a need-to-know basis, exclusively to be used in accordance with the purposes described above. For the same purposes the Collected Information may be shared with partners and vendors that process information on behalf of Symantec. Symantec has taken steps so that the Collected Information, if transferred, receives an adequate level of protection. 17.3F Your Obligation to Personal Information. It is Your responsibility to ensure that any disclosure by You to Symantec of personal information of Your users or third parties is in compliance with national laws governing the collection, use and protection of personal information applicable to Your country or region of operation. In particular, it is Your responsibility to inform users and third parties that You are providing their information to Symantec, to inform them of how it will be used and to gather appropriate consents required for such transfer and use. 17.3G Disclosures to Law Enforcement. Subject to applicable laws, Symantec reserves the right to cooperate with any legal process and any law enforcement or other government inquiry related to Your use of the Licensed Software. This means that Symantec may provide documents and information relevant to a court subpoena or to a law enforcement or other government investigation. 17.3H Contacting Symantec about Your Privacy. For any inquiry about in the Collected Information or about Symantec's privacy policies, please contact us at privacyteam@symantec.com.