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License Agreement
VERISIGN, INC. END USER SOFTWARE LICENSE AGREEMENT
BY CLICKING "I ACCEPT", DOWNLOADING THE SOFTWARE OR OPENING THE PACKAGE, 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, DO NOT DOWNLOAD THE SOFTWARE, OR CLICK "I DO NOT ACCEPT", AND, IF APPLICABLE, RETURN THIS PRODUCT TO VERISIGN.
THIS END USER SOFTWARE LICENSE AGREEMENT ("Agreement") is made between you, the end user, and VeriSign, Inc., a Delaware corporation ("VeriSign").
1. Grant of License.
VeriSign grants to you a limited, non-exclusive, non-transferable, non-sublicensable license to the i-Nav software and any modifications, updates, upgrades or error fixes which may be provided as set forth below accompanying this Agreement (the "Software") solely for your personal, non-commercial use on a computer under your exclusive control, subject to your compliance with this Agreement. You are expressly prohibited from reproducing, distributing, displaying, publicly performing, preparing derivative works or using the Software for commercial purposes. You are further restricted from sublicensing, selling, renting, leasing or otherwise distributing copies of the Software, except as explicitly permitted under any duly authorized and valid written agreement between you or your employer or principal and VeriSign. You may not modify, translate, disassemble, decompile, reverse engineer, or make any other attempt by any means to discover or obtain the source code for the Software. Notwithstanding any other provision of this Agreement, you may not use the Software in a manner inconsistent with applicable law or a written agreement, if any, between VeriSign and you or your employer, or after termination or expiration of any such agreement. Except as otherwise expressly provided in this license, you may only install and use one copy of the Software on one computer under your exclusive control. The Software is licensed as a single product. You may not separate its component parts for use on more than one computer.
2. Intellectual Property Protection.
The Software is licensed, not sold. The Software is protected by United States and international copyright laws and treaties as well as other intellectual property laws. Except as otherwise expressly provided in this license, this Agreement does not give you any intellectual property rights in the Software. All title and copyrights in and to the Software, including its operation, code, architecture and implementation, the look and feel of the Software and resulting screen displays, are the valuable intellectual property of VeriSign. VeriSign reserves all rights not specifically granted under the license.
3. Indemnification.
You agree to indemnify, defend and hold VeriSign and its affiliates, licensors and suppliers harmless from any liabilities, losses, claims, proceedings, injuries, damages, costs and expenses, including attorney's fees, relating to any acts by you in connection with the Software, leading wholly or partly to claims against VeriSign by third parties, regardless of the claim or the nature of the cause of action.
4. Disclaimer of Warranty.
THE SOFTWARE IS PROVIDED "AS IS" WITH ALL FAULTS. VERISIGN MAKES NO WARRANTY OF THE SOFTWARE, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
5. Limitation of Liability.
ALL USE OF THE SOFTWARE IS ENTIRELY AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL VERISIGN OR ITS LICENSORS, SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES EVEN IF VERISIGN SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. VERISIGN SHALL BE HELD HARMLESS FOR ANY LOSSES, REAL OR PERCEIVED, THAT OCCUR RELATING TO THE USE OF THE SOFTWARE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. IN ADDITION TO THE OTHER LIMITATIONS PROVIDED HEREIN, VERISIGN EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY ARISING FROM OR RELATING TO LIMITATIONS, INCOMPATIBILITIES, DEFECTS, OR OTHER PROBLEMS INHERENT IN THE STANDARDS USED TO IMPLEMENT THE SOFTWARE OR ANY OTHER STANDARD NOT UNDER VERISIGN'S SOLE CONTROL.
6. Termination.
Your license to use the Software is terminated if you violate this Agreement. Upon termination, you must destroy all copies of the Software and related documentation.
7. Access and Interference.
You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of the Software or any VeriSign supplied materials.
8. Voluntary Software and Right to Uninstall.
You understand that the Software is a voluntary software program, and you may uninstall the Software at any time by using the Windows add/remove programs function.
9. Export Control.
The Software and the underlying information and technology may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria or Sudan or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you are agreeing to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws.
10. Transmission of Computer Configuration Information.
Following your acceptance of this Agreement, the Software will make a secure call to the VeriSign server transmitting certain information regarding your computer configuration (including, for example, Browser Name and Browser Version). This information is used to determine what components will be downloaded from the VeriSign servers. None of this information is stored by VeriSign on the VeriSign servers or otherwise nor is any information captured specific to an individual user.
11. Automatic Updates/No Maintenance.
VeriSign has the right, but not the obligation, to provide you periodically with automatic modifications, updates, upgrades, or error fixes for the Software using the transmission mechanism described above. This license does not entitle you to any support or maintenance for the Software.
12. General Provisions.
Subject to Section 1 hereof, this Agreement is the exclusive agreement between you and VeriSign concerning the Software and supersedes any and all prior or contemporaneous oral or written agreements, representations, negotiations or other dealings between you and VeriSign with respect to the Software. This Agreement will be governed by the laws of the Commonwealth of Virginia applicable to contracts executed and performed entirely in and by residents of that State. If any provision of this Agreement is found to be void, unenforceable or invalid, such provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect. This Agreement can only be modified by a writing signed by both parties. Failure by either party to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision.
By downloading this software, I confirm that I have read and agree to the terms and conditions in the VERISIGN, INC. END USER SOFTWARE LICENSE AGREEMENT.
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