FINJAN SOFTWARE LTD.
LICENSE AGREEMENT
1. Finjan Software Ltd.
("Finjan") grants to you a non-exclusive,
non-sublicensable, license to use SurfinShieldXtra 2.0, in binary
executable form (the "Product").
2. GRANT OF LICENSE
- This Finjan License Agreement ("License") permits you
to use one copy of the Product acquired with this License on any
single computer, provided the Product is in use on only one
computer at any time. The Product is "in use" on a
computer when it is loaded into the temporary memory (i.e. RAM)
or installed into the permanent memory (e.g. hard disk, CD ROM,
or other storage device) of that computer, except that a copy
installed on a network server for the sole purpose of
distribution to other computers is not "in use." If the
anticipated number of users of the Product will exceed the number
of applicable Licenses, then you must have a reasonable mechanism
or process in place to assure that the number of persons using
the Product concurrently does not exceed the number of Licenses.
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. This 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
that if the Product is not copy protected, you may make one copy
of the Product solely for backup or archival purposes, provided
any copy must contain all of the original Product's proprietary
notices. You may not copy the Product manual(s) or written
materials accompanying the Product, if any. If you receive your
first copy of the Product electronically, and a second copy on
media, the second copy may be used for archival purposes only.
All copies of the Product will
contain the same proprietary notices which appear on and in the
Product.
4. RESTRICTIONS -
You may not rent or lease the Product, and may not transfer your
rights under this License Agreement, without obtaining the prior
written consent of Finjan. You may not reverse, engineer,
decompile or disassemble the Product. You may not distribute
copies of the Product to third parties. You may not integrate,
incorporate or bundle the Product into any other Product or
include such Product in other products or hardware 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. TERM - You may
terminate your License and this Agreement at anytime by
destroying all copies of the Product and Product documentation.
6. TERMINATION -
This license will terminate automatically if you fail to comply
with any of the provisions contained herein. On termination, you
must destroy all copies of the Product.
7. MISCELLANEOUS -
This 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 executed by both parties. If any provision of this
agreement is held to be unenforceable for any reason, such
provision shall be reformed only to the extent necessary to make
it enforceable.
8. 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.
NO WARRANTY
NO WARRANTIES - THE PRODUCT
IS PROVIDED "AS IS". FINJAN DOES NOT WARRANT THAT THE
PRODUCT IS ERROR-FREE. ADDITIONALLY, FINJAN DISCLAIMS ALL
WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
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, EVEN IF FINJAN HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
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. This license gives you specific
legal rights, and you may also have other rights which vary from
jurisdiction to jurisdiction.
This Agreement is governed by the
laws of the State of Israel.
Should you have any questions
concerning this Agreement, or if you desire to contact Finjan for
any reason, please contact the Finjan Software Ltd. affiliate
serving your country or write: Finjan Software Ltd., Citco
Building, Giborei Israel Street, Industrial Area, South Netanya,
Israel, 42504.