Symantec Norton Internet Security 2013 + Anti-Theft 1.0 Manual download pdf (Page 6)

8. Disclaimer of Damages:

SOME STATES AND COUNTRIES DO NOT

ALLOWTHE LIMITATIONOR EXCLUSION

OF LIABILITY FOR INCIDENTAL OR

CONSEQUENTIAL DAMAGES, SO THE

BELOWLIMITATIONOR EXCLUSIONMAY

NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED

BY APPLICABLE LAW AND REGARDLESS

OF WHETHER ANY REMEDY SET FORTH

HEREIN FAILS OF ITS ESSENTIAL

PURPOSE,IN NOEVENT WILLSYMANTEC

ORITS LICENSORSBE LIABLETO YOUFOR

ANY SPECIAL, CONSEQUENTIAL,

INDIRECT, OR SIMILAR DAMAGES,

INCLUDING ANY LOST PROFITS OR LOST

DATA ARISING OUT OF THE USE OR

INABILITY TO USE THE SOFTWARE

(INCLUDING BUT NOT LIMITED TO USE

OF THE ONLINE BACKUP FEATURE AND

TECHNICAL SUPPORT) EVEN IF

SYMANTEC HAS BEEN ADVISED OF THE

POSSIBILITY OF SUCH DAMAGES.

IN NO CASE SHALL SYMANTEC’S OR ITS

LICENSORS’ LIABILITY EXCEED THE

PURCHASEPRICE WHICH YOUPAID FOR

THE APPLICABLE SERVICE PERIOD. The

disclaimers and limitations set forth above

will applyregardlessofwhether You accept

the Software.

9. U.S. Government Restricted

Rights:

For U.S. Government procurements, the

Software is deemed to be commercial

computer software as defined in FAR 12.212

and subject to restricted rights as defined in

FAR Section 52.227-19 "Commercial

Computer Software - Restricted Rights" and

DFARS 227.7202, “Rights in Commercial

Computer Software or Commercial Computer

Software Documentation”, as applicable, and

any successor regulations. Any use,

modification, reproduction release,

performance, display or disclosure of the

Software by the U.S. Government shall be

solely in accordance with the terms of this

License Agreement.

10. Export Regulation:

You acknowledge that the Software and

related technical data and services

(collectively "Controlled Technology") may

be subject to the import and export laws of

the United States, specifically the U.S. Export

Administration Regulations (EAR), and the

laws of any country where Controlled

Technology is imported or re-exported. You

agree to comply with all relevant laws and

will not export any Controlled Technology

in contravention to U.S. law nor to any

prohibited country, entity, or person for

which an export license or other

governmental approval is required. All

Symantec product is prohibited for export

or re-export to Cuba, North Korea, Iran, Syria

and Sudan and to any country subject to

relevant trade sanctions. USE OR

FACILITATION OF SYMANTEC PRODUCT

IN CONNECTION WITH ANY ACTIVITY

INCLUDING, BUT NOT LIMITED TO, THE

DESIGN,DEVELOPMENT,FABRICATION,

TRAINING, OR TESTING OF CHEMICAL,

BIOLOGICAL, OR NUCLEAR MATERIALS,

OR MISSILES, DRONES, OR SPACE

LAUNCH VEHICLES CAPABLE OF

DELIVERING WEAPONS OF MASS

DESTRUCTION IS PROHIBITED, IN

ACCORDANCE WITH U.S. LAW.

11. Arbitration:

If You are a U.S. customer, You and Symantec

agree that any dispute, claim or controversy

arising out of or relating in any way to the

Software or this License Agreement, shall be

determined by binding arbitration or small

claims court, instead of in courts of general

jurisdiction. Arbitration is more informal

than a lawsuit in court. Arbitration uses a

neutral arbitrator instead of a judge or jury,

allows for more limited discovery than in

court, and is subject to very limited review

by courts. Arbitrators can award the same

damages and relief that a court can award.

You agree that, by agreeing to this License

Agreement, the U.S. Federal Arbitration Act

governs the interpretation and enforcement

of this arbitration provision, and that You

and Symantec are each waiving the right to

a trial by jury or to participate in a class

action. This arbitration provision shall

survive termination of this License

Agreement and/or the termination of Your

Symantec product license.

If You elect to seek arbitration, You must first

send to Symantec, by certified mail, a written

Notice of Your claim ("Notice of Claim"). The

Notice of Claim to Symantec should be

addressed to: General Counsel, Symantec,

Inc., 350 Ellis Street, Mountain View, CA

94043 and should be prominently captioned

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Symantec Norton Internet Security 2013 + Anti-Theft 1.0 Manual Page 6

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