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Shaw
Secure
Thank
you for choosing Shaw Secure. If you are reading this message you are
interested in receiving the Shaw Secure service.
Shaw
Secure provides our customers a comprehensive, fully supported
suite of Internet security services for personal computers running
Microsoft Windows operating systems (Windows XP 32bit, Windows 7 and Vista 32 & 64 bit), and Mac OS 10.5 and 10.6. This
product suite may include Virus Protection, Internet Shield (Firewall),
anti-spyware, E-mail Scanning, System Control, Parental Control, Spam Control and Auto-Update features.
Shaw Secure will help provide our customers with a safer and more secure Internet experience.
The
Service may only be used by you on PCs located at the billing address you
have provided to Shaw and may not be transferred, licensed or resold under
any circumstance.
In
order that Shaw may provide you this additional service Shaw has arranged
for F-Secure to license to you use of their software. The terms and
condition of such software use follow our statement. If for any reason you
do not agree to the terms of our statement or the terms of F-Secure's license terms do not proceed with
downloading the software and contact Shaw so that Shaw may update your
service package with the removal of this additional
service.
We would like to
remind our customers that, in addition to the terms and conditions
contained in the license of F-Secure ® as shown below
and in our points a) and b) below, as a Shaw customer you acknowledge that
you have accepted Shaw's Terms of Use and Acceptable Use Policy
(collectively, "Shaw's Standard Service Terms"). The
F-Secure® License Terms
are in addition to Shaw's Standard Service Terms and are also subject to
the following additional terms and conditions which specifically relate to
your use of the software of F-Secure®:
a.
IN NO EVENT WILL
SHAW, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO OR THROUGH
YOU FOR DAMAGES OF ANY KIND, INCLUDING DIRECT INCIDENTAL, INDIRECT,
SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, LOSS OF BUSINESS
OR BUSINESS INFORMATION, BUSINESS INTERRUPTION OR OTHER ECONOMIC DAMAGE,
DAMAGE TO PROPERTY AND INJURY TO PERSONS AS A RESULT OF USE OR INABILITY
TO USE THE LICENSED SOFTWARE OF F-SECURE® OR BREACH OF ANY
WARRANTY OR OTHER TERM OF THE SOFTWARE LICENSE BETWEEN YOU AND
F-SECURE®, REGARDLESS OF
WHETHER OR NOT SHAW WAS ADVISED, HAD OTHER REASON TO KNOW OR IN FACT KNEW,
OF THE POSSIBILITY THEREOF. THIS PROVISION SHALL SURVIVE TERMINATION OR
EXPIRY OF THE SOFTWARE LICENSE BETWEEN YOU AND F-SECURE®; and
b.
Notwithstanding
the terms of the software license between you and F-Secure®, in the event
the service you subscribed to from Shaw expires or is terminated for any
reason whatsoever your license to use the F-Secure®
software will,
without notice or liability to you, automatically terminate.
c. The Shaw Secure Service is currently provided to Shaw's existing and new customers free of charge and solely for use with Shaw's Internet Services on up to 5 PCs per household. d.
Shaw reserves the
right to change its fees, including without limitation a right to charge a
fee for the current free Shaw Secure Service at a later date but with
notice to you.
F-SECURE®
LICENSE TERMS
IMPORTANT - BEFORE INSTALLING OR
USING THE SOFTWARE, CAREFULLY READ THE FOLLOWING LEGAL TERMS ("TERMS") FOR
THE LICENSE OF F-SECURE SOFTWARE. BY CLICKING ON THE "I ACCEPT THE
AGREEMENT" BUTTON BELOW, OR BY INSTALLING, COPYING OR USING THE
ACCOMPANYING SOFTWARE YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AGREE
THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM AND AGREE TO BE LEGALLY
BOUND BY THEM. IF YOU DO NOT AGREE TO ALL OF THE TERMS, CLICK THE "I DO
NOT ACCEPT THE AGREEMENT" BUTTON AND DO NOT INSTALL, USE OR COPY THE
SOFTWARE.
These Terms cover any and all
F-Secure programs licensed by you, including related documentation and any
update and upgrade of the programs delivered to you under the purchased
license or any related service agreement as defined in the documentation
and any copy of these items (together the "Software").
COMMERCIAL
LICENSE
Subject to the payment of the
applicable license fees and subject to the following terms and conditions,
you have been granted a non-exclusive, non-transferable right to use the
specified Software. F-Secure reserves any and all rights not expressly
granted to you.
You may:
A) Install and use the Software only
on as many units (typically handheld devices, personal computers, servers
or other hardware) as stated in the F-Secure License Certificate,
applicable invoice, product packaging or agreement where these Terms have
been appended. In case the Software or its services are shared through a
network or the Software is used to protect traffic from viruses or other
malicious code at web and e-mail servers, firewalls or gateways, you must
have a license for the total number of users whom the Software provides
services to. In that case you may install the Software on as many units as
needed.
B) Create copies of the Software for
installation and backup purposes only.
C) Extend the number of licenses by
purchasing additional licenses.
You may not:
A) Install and use the Software
against these Terms, the F-Secure License Certificate or other related
documentation.
B) Distribute copies of the Software
to a third party, electronically transfer the Software to a computer
belonging to a third party, or permit a third party to copy the Software.
C) Modify, adapt, translate, rent,
lease, resell, distribute or create derivative works based upon the
Software or any part thereof.
D) Decompile, reverse engineer,
disassemble, or otherwise reduce the Software to any human-perceivable
form as the Software contains or may contain trade secrets of F-Secure.
E) Use the documentation for any
purpose other than to support your use of the Software. Please contact
F-Secure directly if you are interested in any other rights to the
Software other than those granted in these Terms.
F) Disclose the license
authorization code provided for the program installation (included but not
limited to key code, subscription number and registration key) to any
third party.
EVALUATION
LICENSE
An Evaluation License is applicable
when you download an evaluation version of the Software or you are granted
a time limited license by F-Secure or Shaw for evaluation purposes. The
Software is licensed to you for the sole purpose of evaluating the
Software and only for a specified evaluation period, which will begin on
the date that the Software is first downloaded by or delivered to you.
After the specified time period, you must either purchase the Software
license from F-Secure or Shaw, or destroy and stop using the Software. If
you purchase the Software before the expiration of the evaluation time and
register the Software, you have a valid license and you do not need to
destroy the Software. F-Secure shall have no obligation to provide support
or maintenance services for Evaluation Licenses.
TITLE
Title, ownership rights, and
intellectual property rights in the Software shall remain those of
F-Secure, and/or its suppliers. The Software is protected by copyright
laws and international copyright and other intellectual property treaties.
LIMITED WARRANTY
AND DISCLAIMERS
Limited Warranty on Media.
F-Secure warrants
the media on which the Software is recorded to be free from defect in
material and workmanship under normal use for 30 days from the date of
delivery. Any implied warranties on the media, including implied
warranties of merchantability and fitness for a particular purpose, are
limited in duration to 30 days from the date of delivery. F-Secure will,
at its option, replace the media or refund the purchase price of the
media. F-Secure and Shaw shall have no responsibility to replace or refund
the purchase price of media, which is damaged by accident, abuse, or
misapplication.
Disclaimer of Warranty on Software.
THE SOFTWARE IS
PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND. F-SECURE EXPRESSLY
DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED
WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. F-Secure does not guarantee the Software or related
documentation in terms of their correctness, accuracy, reliability, or
otherwise. You assume the entire risk as to the results and performance of
the Software and related documentation.
Complete
Statement of Warranty. The limited warranties provided in the preceding
paragraphs are the only warranties of any kind that are made by F-Secure
on the Software. No oral or written information or advice given by
F-Secure, its dealers, distributors, agents, or employees shall create a
warranty or in any way increase the scope of the foregoing limited
warranty, and you may not rely on any such information or advice. Some
states do not allow the exclusion of implied warranties, so the above
exclusion may not apply to you, and you may have other rights which may
vary from state to state.
Limitation
of Liability. IN NO EVENT SHALL F-SECURE OR SHAW BE LIABLE TO YOU FOR ANY
SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES, INCLUDING, BUT
NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER
COMMERCIAL OR ECONOMIC LOSS, ARISING OUT OF THE USE OF, OR INABILITY TO
USE, THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF F-SECURE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow the
limitation or exclusion of liability for incidental or consequential
damages so the above limitation or exclusion may not apply to you.
F-SECURE SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES ARISING FROM
PERFORMANCE OR NON-PERFORMANCE OF THE SOFTWARE. OUR MAXIMUM LIABILITY TO
YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER SHALL IN NO EVENT EXCEED
THE AMOUNT PAID BY YOU FOR THE SOFTWARE. Nothing contained in these
License Terms shall prejudice the statutory rights of any party dealing as
a consumer. F-Secure is acting on behalf of its employees and licensors or
subsidiaries for the purpose of disclaiming, excluding, and/or restricting
obligations, warranties, and liability as provided in this clause, but in
no other respects and for no other purpose.
EXPORT
RESTRICTIONS (EXCLUSIVELY FOR CRYPTOGRAPHIC SOFTWARE)
1.
If the Software is shipped or otherwise distributed to you from the United
States of America: You acknowledge that the Software and the maintenance
and support services including without limitation technical services and
technical data (e.g., manuals, blueprints, plans, diagrams, models,
formulae, tables, engineering designs and specifications and instructions
written or recorded and any other such technical services and technical
data ("the Services") are of U.S. origin for purposes of U.S. export
control laws, regulations, administrative acts or Executive Orders, and
any amendments thereof, including without limitation the Export
Administration Act of 1979, as amended (the "Act"), and the regulations
promulgated thereunder (the "U.S. Export Control Laws"). You agree to
comply with all applicable U.S. Export Control Laws and any applicable
international laws and regulations that apply to the Software and to the
Services, including without limitation the Act as well as end-user,
end-use and destination restrictions issued by the
2.
If the Software is shipped or otherwise distributed to you from a country
other than the
In
all cases, F-Secure will not be liable for the illegal export and/or use
of its cryptographic software by you.
If
the Software is licensed for or on behalf of the
HIGH
RISK ACTIVITIES
The
Software 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 the Software could lead directly to death, personal
injury, or severe physical or environmental damage ("High Risk
Activities"). F-Secure and its suppliers specifically disclaim any express
or implied warranty of fitness for High Risk Activities.
GENERAL
The
license will terminate immediately without notice if you are in breach of
any of its terms and conditions. You shall not be entitled to a refund
from F-Secure, or Shaw as a result of termination. The terms and
conditions concerning confidentiality and restrictions on use shall
continue in force even after any termination.
F-Secure
may revise these Terms at any time and the revised terms shall
automatically apply to the corresponding versions of the Software
distributed with the revised terms. If any part of these Terms is found
void and unenforceable, it will not affect the validity of rest of the
Terms, which shall remain valid and enforceable according to its terms. In
case of controversy or inconsistency between translations of these Terms
to other languages, the English version issued by F-Secure shall prevail.
These
Terms shall be governed under the Laws of Finland without regard to
conflict of laws rules and principles and without regard to the United
Nations Convention of Contracts for the International Sales of Goods. The
courts of
If
you have any questions concerning these Terms, or you would like to
contact F-Secure for any other reason, please write: F-Secure Corporation,
PL24, FIN-00180 Helsinki, Finland, fax: +358 9 2520 5001, e-mail:
Helsinki@F-Secure.com or call: +358 9 2520
0700
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