Network Associates Two (2)-Year End User License Agreement


NOTICE TO ALL USERS: CAREFULLY READ THE FOLLOWING LEGAL 
AGREEMENT ("AGREEMENT"), FOR THE LICENSE OF SPECIFIED SOFTWARE 
("SOFTWARE") PRODUCED BY NETWORK ASSOCIATES, INC. ("NETWORK 
ASSOCIATES").  BY CLICKING THE ACCEPT BUTTON OR INSTALLING THE 
SOFTWARE, 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 THE SOFTWARE.  (IF APPLICABLE, YOU 
MAY RETURN THE PRODUCT TO THE PLACE OF PURCHASE FOR A FULL 
REFUND.)

1.	License Grant.  Subject to the payment of the applicable 
license fees, and subject to the terms and conditions of this 
Agreement, Network Associates hereby grants to you a non-
exclusive, non-transferable right to use one copy of the 
specified version of the Software and the accompanying 
documentation (the "Documentation"). You may install one copy of 
the Software on one computer, workstation, personal digital 
assistant, pager, "smart phone" or other electronic device for 
which the Software was designed (each, a "Client Device").  If 
the Software is licensed as a suite or bundle with more than one 
specified Software product, this license applies to all such 
specified Software products, subject to any restrictions or 
usage terms specified on the applicable price list or product 
packaging that apply to any of such Software products 
individually.

	a.	Use.  The Software is licensed as a single product; 
it may not be used on more than one Client Device or by more 
than one user at a time, except as set forth in this Section 1.  
The Software is "in use" on a Client Device when it is loaded 
into the temporary memory (i.e., random-access memory or RAM) or 
installed into the permanent memory (e.g., hard disk, CD-ROM, or 
other storage device) of that Client Device. This license 
authorizes you to make one copy of the Software solely for 
backup or archival purposes, provided that the copy you make 
contains all of the Software's proprietary notices.

	b.	Server-Mode Use.  You may use the Software on a 
Client Device or on or as a server ("Server") within a multi-
user or networked environment ("Server-Mode") only if such use 
is permitted in the applicable price list or product packaging 
for the Software.  A separate license is required for each 
Client Device or "seat" that may connect to the Server at any 
time, regardless of whether such licensed Client Devices or 
seats are concurrently connected to or actually accessing or 
using the Software.  Use of software or hardware that reduces 
the number of Client Devices or seats directly accessing or 
utilizing the Software (e.g., "multiplexing" or "pooling" 
software or hardware) does not reduce the number of licenses 
required (i.e., the required number of licenses would equal the 
number of distinct inputs to the multiplexing or pooling 
software or hardware "front end").  If the number of Client 
Devices or seats that can connect to the Software can exceed the 
number of licenses you have obtained, then you must have a 
reasonable mechanism in place to ensure that your use of the 
Software does not exceed the use limits specified for the 
license you have obtained.  This license authorizes you to make 
or download one copy of the Documentation for each Client Device 
or seat that is licensed, provided that each such copy contains 
all of the Documentation's proprietary notices.

	c.	Volume Use.  If the Software is licensed with volume 
license terms specified in the applicable product invoicing or 
packaging for the Software, you may make, use and install as 
many additional copies of the Software on the number of Client 
Devices as the volume license terms specify.  You must have a 
reasonable mechanism in place to ensure that the number of 
Client Devices on which the Software has been installed does not 
exceed the number of licenses you have obtained.  This license 
authorizes you to make or download one copy of the Documentation 
for each additional copy authorized by the volume license, 
provided that each such copy contains all of the Documentation's 
proprietary notices.

2.	Term.  This Agreement is effective for two (2) years 
unless and until earlier terminated as 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 Software and the 
Documentation. 

3.	Updates.  During the term of this Agreement, you may 
download revisions, upgrades, or updates to the Software when 
and as Network Associates publishes them via its electronic 
bulletin board system, website or through other online services.

4.	Ownership Rights.  The Software 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 Software, including all 
copyrights, patents, trade secret rights, trademarks and other 
intellectual property rights therein.  Your possession, 
installation, or use of the Software does not transfer to you 
any title to the intellectual property in the Software, and you 
will not acquire any rights to the Software except as expressly 
set forth in this Agreement.  All copies of the Software and 
Documentation made hereunder must contain the same proprietary 
notices that appear on and in the Software and Documentation.

5. 	Restrictions.  You may not rent, lease, loan or resell the 
Software.  You may not permit third parties to benefit from the 
use or functionality of the Software via a timesharing, service 
bureau or other arrangement, except to the extent such use is 
specified in the applicable price list, purchase order, or 
product packaging for the Software.  You may not transfer any of 
the rights granted to you under this Agreement.  You may not 
reverse engineer, decompile, or disassemble the Software, except 
to the extent the foregoing restriction is expressly prohibited 
by applicable law.  You may not modify, or create derivative 
works based upon, the Software in whole or in part.  You may not 
copy the Software or Documentation except as expressly permitted 
in Section 1 above.  You may not remove any proprietary notices 
or labels on the Software.  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 compliance with the terms 
of this Agreement.
 
6. 	Warranty and Disclaimer.

a. Limited Warranty.  Network Associates warrants that for sixty 
(60) days from the date of original purchase the media (e.g., 
diskettes) on which the Software is contained will be free from 
defects in materials and workmanship.

b. Customer Remedies.  Network Associates' and its suppliers' 
entire liability and your exclusive remedy for any breach of the 
foregoing warranty shall be, at Network Associates' option, 
either (i) return of the purchase price paid for the license, if 
any, or (ii) replacement of the defective media in which the 
Software is contained.  You must return the defective media to 
Network Associates at your expense with a copy of your receipt.  
This limited warranty is void if the defect has resulted from 
accident, abuse, or misapplication.  Any replacement media will 
be warranted for the remainder of the original warranty period.  
Outside the United States, this remedy is not available to the 
extent Network Associates is subject to restrictions under 
United States export control laws and regulations.

c. Warranty Disclaimer.  Except for the limited warranty set 
forth herein, THE SOFTWARE 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 
SOFTWARE AND THE ACCOMPANYING DOCUMENTATION. YOU ASSUME 
RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR 
INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND 
RESULTS OBTAINED FROM THE SOFTWARE.  WITHOUT LIMITING THE 
FOREGOING PROVISIONS, NETWORK ASSOCIATES MAKES NO WARRANTY THAT 
THE SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR 
OTHER FAILURES OR THAT THE SOFTWARE 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 THE LIST PRICE NETWORK 
ASSOCIATES CHARGES FOR A LICENSE TO THE SOFTWARE, 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 Software 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 Software and 
accompanying Documentation 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.  Neither the Software nor the 
Documentation and underlying information or technology may be 
downloaded or otherwise exported or re-exported (i) into (or to 
a national or resident of ) Cuba, Iran, Iraq, Libya, North 
Korea, Sudan, Syria or any other country to which the United 
States has embargoed goods; or (ii) to anyone on the United 
States Treasury Department's list of Specially Designated 
Nations or the United States Commerce Department's Table of 
Denial Orders.  By downloading or using the Software you are 
agreeing to the foregoing and you are certifying that you are 
not located in, under the control of, or a national or resident 
of any such country or on any such list.

IN ADDITION, YOU SHOULD BE AWARE OF THE FOLLOWING:  EXPORT OF 
THE SOFTWARE MAY BE SUBJECT TO COMPLIANCE WITH THE RULES AND 
REGULATIONS PROMULGATED FROM TIME TO TIME BY THE BUREAU OF 
EXPORT ADMINISTRATION, UNITED STATES DEPARTMENT OF COMMERCE, 
WHICH RESTRICT THE EXPORT AND RE-EXPORT OF CERTAIN PRODUCTS AND 
TECHNICAL DATA.  IF THE EXPORT OF THE SOFTWARE IS CONTROLLED 
UNDER SUCH RULES AND REGULATIONS, THEN THE SOFTWARE SHALL NOT BE 
EXPORTED OR RE-EXPORTED, DIRECTLY OR INDIRECTLY, (A) WITHOUT ALL 
EXPORT OR RE-EXPORT LICENSES AND UNITED STATES OR OTHER 
GOVERNMENTAL APPROVALS REQUIRED BY ANY APPLICABLE LAWS, OR (B) 
IN VIOLATION OF ANY APPLICABLE PROHIBITION AGAINST THE EXPORT OR 
RE-EXPORT OF ANY PART OF THE SOFTWARE.  SOME COUNTRIES HAVE 
RESTRICTIONS ON THE USE OF ENCRYPTION WITHIN THEIR BORDERS, OR 
THE IMPORT OR EXPORT OF ENCRYPTION EVEN IF FOR ONLY TEMPORARY 
PERSONAL OR BUSINESS USE.  YOU ACKNOWLEDGE THAT THE 
IMPLEMENTATION AND ENFORCEMENT OF THESE LAWS IS NOT ALWAYS 
CONSISTENT AS TO SPECIFIC COUNTRIES.  ALTHOUGH THE FOLLOWING 
COUNTRIES ARE NOT AN EXHAUSTIVE LIST THERE MAY EXIST 
RESTRICTIONS ON THE EXPORTATION TO, OR IMPORTATION OF, 
ENCRYPTION BY:  BELGIUM, CHINA (INCLUDING HONG KONG), FRANCE, 
INDIA, INDONESIA, ISRAEL, RUSSIA, SAUDI ARABIA, SINGAPORE,  AND 
SOUTH KOREA.  YOU ACKNOWLEDGE IT IS YOUR ULTIMATE RESPONSIBILITY 
TO COMPLY WITH ANY AND ALL GOVERNMENT EXPORT AND OTHER 
APPLICABLE  LAWS AND THAT NETWORK ASSOCIATES HAS NO FURTHER 
RESPONSIBILITY AFTER THE INITIAL SALE TO YOU WITHIN THE ORIGINAL 
COUNTRY OF SALE.

10.	High-Risk Activities.  The Software is 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 Software 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 Software and is the entire agreement 
between the parties. This Agreement supersedes any other 
communications with respect to the Software 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. Network Associates 
may identify you to the public as a customer of Network 
Associates and describe in a customer case study the services 
and solutions delivered by Network Associates to you. Network 
Associates may also issue one or more press releases containing 
an announcement of the execution and delivery of this Agreement 
and/or the implementation of the Software by you.  Nothing 
contained in this Section 11 shall be construed as an obligation 
by you to disclose any of your proprietary or confidential 
information to any third party.  
  

12.	NETWORK ASSOCIATES CUSTOMER CONTACT.  If you have any 
questions concerning these terms and conditions, or 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.

	Statements made to you in the course of this sale are 
subject to the Year 2000 Information and Readiness Disclosure 
Act (Public Law 105-271).  In the case of a dispute, this Act 
may reduce your legal rights regarding the use of any statements 
regarding Year 2000 readiness, unless otherwise specified in 
your contract or tariff.
