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PRODLI~1.TXT
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1997-03-31
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FINJAN SOFTWARE LTD.
LICENSE AGREEMENT
BEFORE YOU CLICK ON THE "AGREE" BUTTON AT THE END OF THIS
DOCUMENT, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS
AGREEMENT. BY CLICKING ON THE "AGREE" BUTTON, YOU ARE
CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS
AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS
AGREEMENT, CLICK THE "DO NOT AGREE" BUTTON AND DO NOT USE
THE PRODUCT.
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.