This is an evaluation copy of the SurfinShieldXtra 2.0 ("Product"). You may only use the Product for thirty days. After thirty days, you must either buy the Product from Finjan Software Ltd. or remove it from your computer and stop using it.
If you are evaluating the Product for corporate use and need longer than thirty days, please contact Finjan Software Ltd. to arrange an extended evaluation.
Your right to use this Product is limited. If you have already downloaded evaluation copy(ies) of this or prior versions of the Product, you are not allowed to use this Product and you must immediately cease use of this copy and destroy it.
To obtain license rights beyond the thirtieth day evaluation period, you must register and pay for the Product with Finjan Software Ltd. ("Finjan").
IMPORTANT READ CAREFULLY: This End-User
Evaluation Agreement ("the Agreement") is a legal
agreement between you (either an individual or a single entity)
and Finjan Software LTD. for the Finjan SurfinShieldXtra 2.0
software Product, which includes computer software and associated
media and printed materials (if any), and may include online or
electronic documentation. By installing, copying, or otherwise
using the Product, you agree to be bound by the terms of this
End-User Evaluation License Agreement. If you do not agree to the
terms of the Agreement, you are not authorized to use the
Product.
The Product is protected by copyright
laws and international copyright treaties, as well as other
intellectual property laws and treaties. The Product is licensed,
not sold.
1. Finjan Software LTD. grants you a
non-exclusive, non-transferable, license to use SurfinShieldXtra
2.0, in binary executable form, free of charge, for evaluation
purposes only for a limited period of 30 days ("the
evaluation period") from the starting date of evaluation.
For the Agreement, the starting date of evaluation is the day of
installing the SurfinShieldXtra 2.0 on any of your computers for
the first time.
2. GRANT OF LICENSE - The Agreement permits you to (i) upload the Product to any electronic bulletin board, (ii)demonstrate the Product and its capabilities and (provided that this agreement appears on the screen prior to the use of the program by any party)(iii) use a copy of the Product acquired with this License on any single computer.
3. COPYRIGHT - All title and copyrights
in and to the Product and any copies thereof are owned by Finjan
or its suppliers. All title and intellectual property rights in
and to the content which may be accessed through use of the
Product is the property of the respective content owner and may
be protected by applicable copyright or other intellectual
property laws and treaties. The Agreement grants you no rights to
use such content. The Product is owned by Finjan Software Ltd.
and is protected by Israeli copyright laws, international treaty
provisions and all other applicable national laws. Therefore, you
must treat the Product like any other copyrighted material (e.g.
a book or musical recording) except for the GRANT OF LICENSE as
per paragraph 2.
4. RESTRICTIONS - You may not rent or
lease the Product, and may not transfer your rights under the
Agreement without obtaining the prior written consent of Finjan.
The Agreement does not grant you any right to receive any
enhancement or update. You may not reverse engineer, decompile or
disassemble the Product. You may not distribute copies of the
Product to third parties without the same proprietary notices
which appear on and in the Product. You may not integrate,
incorporate or bundle the Product into any other product without
receiving the prior written consent of Finjan. You acknowledge
that the Product in source code form remains a confidential trade
secret of Finjan and/or its suppliers. You must maintain all
copyright notices on all copies of the Product.
5. RELEASE - Finjan reserves the right
at any time not to discontinue the commercial release of the
Product or, to alter prices, features, specifications,
capabilities, functions, licensing terms, release dates, general
availability or other characteristics of the commercial release.
6. TERM - You may terminate your
License and the Agreement at anytime by destroying all copies of
the Product and Product documentation.
7. TERMINATION - This license is
effective until the thirtieth (30th) day following the date you
first installed the Product. At that time you must cease use of
the Product and remove it from your computer, unless you have
paid the current registration fee. This license will terminate
automatically if you fail to comply with the limitations
described above. On termination, you must destroy all copies of
the Product.
8. MISCELLANEOUS - The Agreement
represents the complete agreement concerning this license between
the parties and supersedes all prior agreements and
representations between them. It may be amended only by a writing
expected by both parties. If any provision of the Agreement is
held to be unenforceable for any reason, such provision shall be
reformed only to the extent necessary to make it enforceable.
9. NOTE ON JAVA SUPPORT. The product contains support for programs written in Java. Java technology is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of Java technology could lead directly to death, personal injury, or severe physical or environmental damage ("high risk activities"). Furthermore, the product does not provide complete protection against harmful Java applications nor against Java Applets. THE USER IS EXPLICITLY WARNED THAT THE SECURITY ENHANCEMENT FEATURES OF THE PRODUCT DO NOT PROVIDE TOTAL PROTECTION AGAINST DAMAGING JAVA ROUTINES.
WARRANTY RIGHTS - As this is an
evaluation copy, Finjan makes no warranties, express or implied,
with respect to the Product. Finjan disclaims all warranties,
either express or implied, including but not limited to implied
warranties of merchantability and fitness for a particular
purpose with respect to the product. Finjan does not warrant that
the Product is error free. The Product is distributed to you AS
IS, WHERE IS AND WITH ALL FAULTS. In the event of purchase from
Finjan or it's authorized resellers and registration, Finjan will
grant you certain warranty rights.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES
- In no event shall Finjan or its suppliers be liable for any
consequential or indirect damages whatsoever (including, without
limitation, damages for loss of business profits, business
interruption, loss of business information, or other pecuniary
loss) arising out of the use of or inability to use the Product
or inability of the Product to perform it's intended task, even
if Finjan has been advised of the possibility of such damages. In
any case, Finjan's entire liability under any provision of the
Agreement shall be limited to the amount actually paid by you for
the Product.
Some jurisdictions do not allow the
exclusion of implied warranties or limitations on how long an
implied warranty may last, or the exclusion or limitation of
incidental or consequential damages, so the above limitations or
exclusions may not apply to you. The Agreement gives you specific
legal rights and you may also have other rights which vary from
jurisdiction to jurisdiction.
The Agreement is governed by the laws
of the State of Israel.