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EVALLI~1.TXT
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1997-03-31
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LEGAL DOCUMENTATION
END-USER EVALUATION AGREEMENT
This is an evaluation copy of the SurfinShieldXtra V2.0 ("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 version 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 V2.0 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 V 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 V2.0 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 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.
Should you have any questions concerning the Agreement, or if you desire to
contact Finjan for any reason, please contact the Finjan Software Ltd. affiliate
serving your country or write to:
Finjan Software Ltd., Citco Building, Giborai Israel st.
Industrial Area, South Netanya, Israel.