Symantec 360 - V4.0, User Manual

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period or refund the money You paid for the
Software. Symantec does not warrant that
the Software will meet Your requirements or
that operation of the Software will be
uninterrupted or that the Software will be
error-free. For the avoidance of doubt,
references to “Software” in the foregoing
sentence shall include, but not be limited to,
the Online Backup Feature and Technical
Support.
TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, THE ABOVE
WARRANTY IS EXCLUSIVE AND IN LIEU
OF ALL OTHER WARRANTIES, WHETHER
EXPRESS OR IMPLIED, INCLUDING THE
IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF INTELLECTUAL
PROPERTY RIGHTS. THIS WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS. YOU
MAYHAVEOTHERRIGHTS,WHICHVARY
FROM STATE TO STATE AND COUNTRY
TO COUNTRY.
9. Disclaimer of Damages:
SOME STATES AND COUNTRIES DO NOT
ALLOW THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE
BELOWLIMITATIONOREXCLUSIONMAY
NOT APPLY TO YOU.
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 BE LIABLE TO YOU FOR
ANY SPECIAL, CONSEQUENTIAL,
INDIRECT, OR SIMILAR DAMAGES,
INCLUDING ANY LOST PROFITS OR LOST
DATA ARISING OUT OF THE USE OR
INABILITY TO USE THE SOFTWARE
(INCLUDING BUT NOT LIMITED TO USE
OF THE ONLINE BACKUP FEATURE AND
TECHNICAL SUPPORT) EVEN IF
SYMANTEC HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
IN NO CASE SHALL SYMANTEC’S OR ITS
LICENSORS’ LIABILITY EXCEED THE
PURCHASE PRICE WHICH YOU PAID FOR
THE APPLICABLE SERVICE PERIOD. The
disclaimers and limitations set forth above
will apply regardless of whether You accept
the Software.
10. U.S. Government Restricted
Rights:
For U.S. Government procurements, 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
License Agreement.
11. Export Regulation:
You acknowledge that the Software and
related technical data and services
(collectively "Controlled Technology") may
be 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 product is prohibited for export
or re-export to Cuba, North Korea, Iran, Syria
and Sudan and to any country subject to
relevant trade sanctions. USE OR
FACILITATION OF SYMANTEC PRODUCT
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.
12. General:
This License Agreement will be governed by
the laws of the State of California, United
States of America. This License Agreement
is the entire agreement between You and
Symantec relating to the Software and: (I)