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NORTON PRERELEASE SOFTWARE AND SERVICES TESTING LICENSE AGREEMENT

Norton Security for Mac

 

SYMANTEC CORPORATION, IF YOU ARE LOCATED IN THE AMERICAS; OR SYMANTEC ASIA PACIFIC PTE LTD, IF YOU ARE LOCATED IN THE ASIA PACIFIC RIM OR JAPAN; OR SYMANTEC LIMITED, IF YOU ARE LOCATED IN EUROPE, THE MIDDLE EAST OR AFRICA (“SYMANTEC”) IS WILLING TO LICENSE THE PRERELEASE SOFTWARE AND SERVICES (AS DEFINED BELOW) TO YOU AS AN INDIVIDUAL, THE COMPANY, OR LEGAL ENTITY THAT WILL BE UTILIZING THE PRERELEASE SOFTWARE AND SERVICES (REFERENCED BELOW AS "YOU” OR “YOUR”) ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS PRERELEASE SOFTWARE AND SERVICES TESTING LICENSE AGREEMENT (“LICENSE AGREEMENT”).  READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE USING THE PRERELEASE SOFTWARE AND SERVICES.  THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND SYMANTEC.  BY CLICKING THE "I AGREE" OR “YES” BUTTON OR INSTALLING OR USING THE PRERELEASE SOFTWARE AND SERVICES, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.  IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, CLOSE THIS LICENSE AGREEMENT (IF IT IS IN A SEPARATE WEB BROWSER WINDOW) AND CLICK THE "CANCEL" OR “NO” OR “CLOSE WINDOW” BUTTON AND DO NOT INSTALL OR USE THE PRERELEASE SOFTWARE AND SERVICES.

                                                                                                                                  

1.   Limited License.

     

      The software and services and documentation, (including any product packaging) (the “Documentation”), that accompanies this license (collectively the “Prerelease Software and Services”) is the property of Symantec, or its licensors, and is protected by copyright law.  Although, Symantec continues to own the Prerelease Software and Services, You will have certain rights to use the Prerelease Software and Services after Your acceptance of this License Agreement.    

     

      Symantec hereby grants You a non-exclusive, royalty-free, non-assignable license (“Limited License”) to use the Prerelease Software and Services on the terms set forth herein until the earlier of either (a) (90) days from the date the Prerelease Software and Services is installed or (b) termination of the prerelease testing period, or the applicable phase of the testing period, for the Prerelease Software and Services.  The Prerelease Software and Services may automatically deactivate and become non-operational upon expiration or termination of the Limited License.    

     

      Your rights and obligations with respect to the use of this Prerelease Software and Services are as follows:

     

      You may use the Prerelease Software and Services on a single computer, mobile or mobile computing device (a “Device”), solely to test and evaluate it for the purpose of providing feedback regarding the Prerelease Software and Services to Symantec, during the term of the Limited License.

     

      You may not, nor may you permit any other person to:

 

      A. copy the documentation which accompanies the Prerelease Software and Services;

      B. sublicense, rent, sell or lease any portion of the Prerelease Software and Services or otherwise provide the Prerelease Software and Services to a third party;        

C. reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Prerelease Software and Services, or create derivative works from the Prerelease Software and Services; or

      D. use the Prerelease Software and Services in any manner not authorized by this License Agreement.

 

The Prerelease Software and Services may include third party features and functionalities or may access content on a third party website.  Such features, functionalities or content may be subject to such third party terms of service.

 

2.   Updates. 

 

      Symantec is not obligated to provide updates to the Prerelease Software and Services or the content utilized by the Prerelease Software and Services (e.g., antivirus and crimeware software use updated virus definitions; antispyware software uses updated spyware definitions; antispam software uses updated antispam rules; content filtering and antiphishing software use updated URL lists; some firewall software use updated firewall rules; vulnerability assessment products use updated vulnerability data and web site authentication software uses updated lists of authenticated web pages (collectively, “Updates”)).  However, in the event Symantec in its sole discretion provides Updates, such Updates shall be deemed included in the Prerelease Software and Services and shall be subject to the terms of this License Agreement, unless other terms of use are provided by Symantec in connection with such Updates. 

 

3.  Safe Search and Online Backup Features:

 

  1. Safe Search.  The Prerelease Software and Services may include a Safe Search feature which provides You the ability to safely search the internet. This may be offered via, but not be limited to, a Symantec search toolbar.

 

  1. Online Backup.

 

The Prerelease Software and Services may include an online backup feature, which provides the capability to store and retrieve Your files on Symantec’s system via the Internet (“Data”) during the Service Period (“Online Backup Feature”), subject to the amount of online backup space provided with Your Prerelease Software and Services and/or which You additionally purchase.  If You choose to use the Online Backup Feature, You must complete the activation process within the Prerelease Software and Services for such Service. In the event that You install a newer version of the Prerelease Software and Services during Your Service Period, You may be required to reactivate the Online Backup Feature using the original email address You provided during the initial activation process.

 

a.   Norton Account.  A current Symantec Norton Account (“Norton Account”) is required to access and use the Online Backup Feature.  If you do not have a Norton Account, You must complete the applicable registration process to create a Norton Account in order to use the Online Backup Feature. You are entirely responsible for maintaining the confidentiality of Your Norton Account password.

 

b.   Availability.  The Online Backup Feature is provided “as is” and “as available” and Symantec will not be responsible for pay You for any loss or damage resulting from any downtime of the Online Backup Feature due to reasonable scheduled maintenance, maintenance for critical issues or forces beyond the reasonable control of Symantec.

     

c.   User Conduct and Responsibility; Compliance with Applicable Laws.  Use of the Online Backup Feature (including the transmission of any data You choose to store through the Online Backup Feature (“Data”)) is subject to all applicable local, state, national and international laws and regulations, including but not limited to the United States export laws.  You agree to comply with such applicable laws and regulations and with the specifications set out in the Documentation or the applicable transaction documentation from the authorized reseller from which You obtained the Prerelease Software and Services and not to (i) use the Online Backup Feature for illegal purposes, (ii) transmit or store material that may infringe the intellectual property rights or other rights of third parties or that is illegal, tortious, defamatory, libelous, or invasive of another's privacy;  (iii) transmit or store data belonging to another party without first obtaining all consents required by law from the data owner for transmission of the data to Symantec for storage within the United States; (iv) transmit any material that contains software viruses or other harmful computer code, files or programs such as trojan horses, worms or time bombs; (v) interfere with or disrupt servers or networks connected to the Online Backup Feature;  or (vi) attempt to gain unauthorized access to the Online Backup Feature, the accounts of other Online Backup Feature users, or computer systems or networks connected to the Online Backup Feature.  

     

Your obligations in this Section regarding use of the Online Backup Feature apply to all use of the Online Backup Feature in connection with Your Norton Account.  You are solely responsible for the use of the Online Backup Feature, and the Data transmitted or stored through the Online Backup Feature, in connection with Your Norton Account. 

     

To the maximum amount permissible under applicable law, You agree to pay Symantec, its parents, subsidiaries, affiliates, officers, directors, employees and agents the amount of any claims, demands, costs, damages, losses, liabilities and expenses, including reasonable attorneys' fees, made by any third party arising out of or in connection with use of the Online Backup Feature through Your Norton Account to the extent any such claims, demands, costs, damages, losses, liabilities and expenses arise as a result of Your breach of this License Agreement or Your negligence or willful misconduct. Such amount may include but is not limited to responsibility for payments of any such claims, demands, costs, damages, losses, liabilities and expenses arising out of or in connection with the Data transmitted or stored through the Online Backup Feature in connection with Your Norton Account. 

 

d.   Termination; Suspension.  Your right to use the Online Backup Feature will terminate on expiration of the Service Period.  Symantec may immediately suspend or terminate use of the Online Backup Feature during the Service Period for Your failure to or Symantec’s reasonable belief that You have failed to comply with these terms and conditions (other than a trivial or inconsequential breach). or any other misuse of the Online Backup Feature.  Following the expiration or termination of the Service Period:

-         Symantec may permanently delete any Data stored to the online backup space provided with Your Prerelease Software and Services;

-         Symantec will not be obligated to maintain such Data, forward such Data to You or a third party, or migrate such Data to another backup service or account; and

-         You will not be able to store the Data to any additional backup space that you may have purchased separately unless and until the Service Period is renewed.

     

e.   Miscellaneous.  Symantec has no obligation to monitor use of the Online Backup Feature and/or Data transmitted or stored through the Online Backup Feature.  To the maximum extent permissible under applicable law and notwithstanding the provisions of the Privacy: Data Protection Section below, Symantec reserves the right at all times to monitor, review, retain and/or disclose any Data or other information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to investigate any use or suspected breach of this License Agreement.

 

4.   Feedback.

     

      Feedback consists of any of Your suggestions, comments or other feedback, whether it is required or provided on a voluntary basis, relating to the Prerelease Software and Services (“Feedback”).  If You provide Symantec with any Feedback, as required or on a voluntary basis, as part of the prerelease testing and evaluation of the Prerelease Software and Services, You agree that: (a) Symantec may freely use, disclose, reproduce, license, distribute and otherwise commercialize the Feedback in any Symantec product, specification or other documentation; and (b) You will not give Symantec any Feedback (1) that You have reason to believe is subject to any patent, copyright, or other intellectual property claim or right of any third party; or (2) that is subject to license terms that seek to require any Symantec product incorporating or derived from any Feedback, or other Symantec intellectual property, to be licensed to or otherwise shared with any third party.  You also grant third parties, without charge, those patent rights necessary to enable their products to use or interface with any specific parts of a Symantec product that incorporate the Feedback.

 

5.  Confidential Information. 

     

      The Prerelease Software and Services, the Feedback, product-related information and any other proprietary technology or know how provided to You by Symantec (in written, oral or any other form) in connection with Your testing and evaluation of the Prerelease Software and Services is the confidential information of Symantec (“Confidential Information”).  You will hold all Confidential Information in confidence for a period of five (5) years from the date of termination or expiration of this Limited License.  You will use the Confidential Information only as expressly authorized in this License Agreement and You will protect the Confidential Information from unauthorized use, dissemination or publication by using the same degree of care as You would use to protect Your own Confidential Information, but no less than a reasonable degree of care.  You are not obligated with respect to Confidential Information that You can prove:  (a) is or becomes a matter of public knowledge through no fault of Yours; (b) is rightfully received by You from a third party without a duty of confidentiality; (c) is independently developed by You (excluding the Feedback); (d) is disclosed under operation of law or (d) is disclosed by You with Symantec’s prior written consent.  Unauthorized use or disclosure of Confidential Information may cause Symantec irreparable harm; therefore, Symantec will have the right to enforce this License Agreement and any of its provisions by injunctive or other equitable relief. 

 

6.  No Obligation.

     

      You acknowledge and agree that Symantec may decline to offer a commercially available release of the Prerelease Software and Services, may delay offering a commercially available release of the Prerelease Software and Services, or may modify the Prerelease Software and Services significantly in the course of creating a commercially available release.  Future versions of the Prerelease Software and Services, if any, may not be compatible with the current evaluation release of the Prerelease Software and Services.

 

7.   Technical Support.

     

      Symantec is not obligated to provide technical support or maintenance for the Prerelease Software and Services.  However, certain technical support features may be offered from within the Prerelease Software and Services which may include live chat with a technical support agent and/or assistance from a technical support agent via remote Device access (any such technical support offered from within the Prerelease Software and Services shall be referred to in this License Agreement as the “Technical Support”). If such features are offered and You choose to access such Technical Support the following terms shall apply. Any such Technical Support shall be provided in Symantec’s sole discretion without any guarantee or warranty of any kind.  It is solely Your responsibility to complete a backup of all Your existing data, software and programs before receiving any Technical Support.  In the course of providing the Technical Support, Symantec may determine that the technical issue is beyond the scope of the Technical Support.  Symantec reserves the right to refuse, suspend or terminate any of the Technical Support in its sole discretion.

 

8.   Warranty Disclaimer; Limitation of Liability.

     

      THE PRERELEASE SOFTWARE AND SERVICES IS PROVIDED “AS IS."  SYMANTEC AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL CONDITIONS AND WARRANTIES, INCLUDING BUT NOT TO LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR ANY OTHER WARRANTY, WHETHER EXPRESSED OR IMPLIED. 

     

      SOME STATES AND COUNTRIES, INCLUDING MEMBER COUNTRIES OF THE EUROPEAN ECONOMIC AREA, DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

     

      TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SYMANTEC OR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE PRERELEASE SOFTWARE AND SERVICES, EVEN IF SYMANTEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO CASE SHALL SYMANTEC’S OR ITS LICENSORS’ LIABILITY EXCEED THE GREATER OF THE PRICE YOU PAID FOR THE PRERELEASE SOFTWARE AND SERVICES OR TEN U.S. DOLLARS (U.S. $10.00).

 

9.   Termination of Limited License.

     

      Symantec may terminate the Limited License, including the right to use the Prerelease Software and Services immediately upon written or verbal notice to You.  This License Agreement shall terminate upon Your breach of any term contained herein.  You shall discontinue all use of the Prerelease Software and Services upon expiration or termination of the Limited License. 

 

10. U.S. Government Restricted Rights:

 

For U.S. Government procurements, the Prerelease Software and Services 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.

 

11.  Export Regulation.

 

The Prerelease Software and Services are subject to export controls administered by the United States and other countries. Diversion contrary to U.S. law is strictly prohibited.

 

You agree to comply with the requirements of the Export Administration Regulations (the “EAR”) and all applicable international, national, state, regional and local laws, and regulations, including any applicable import and use restrictions.  The Prerelease Software and Services are currently prohibited for export or re-export to Cuba, North Korea, Iran, Iraq, Libya, Syria and Sudan or to any country subject to applicable trade sanctions. You agree not to export, or re-export, directly or indirectly, the Prerelease Software and Services to any country outlined in the EAR, nor to any person or entity on the Department of Commerce Denied Persons, Entities and Unverified Lists, the U.S. Department of State’s Debarred List, or on the U.S. Department of Treasury's lists of Specially Designated Nationals, Specially Designated Narcotics Traffickers, or Specially Designated Terrorists, as revised from time to time.

 

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.

 

By downloading, installing or using the Prerelease Software and Services, You are agreeing to the foregoing and all applicable export and import control laws. You are also warranting that You are not under the control of, located in, or a resident or national of any prohibited country or on any lists above. The information on export laws provided herein is not necessarily complete. For more information on export laws, please contact the U.S. Department of Commerce, Bureau of Industry and Security (the “BIS”). More information on the BIS can be found at: http://www.bis.doc.gov/.

 

12. No Fee. 

     

      There will be no charge to You for the Limited License granted hereunder. 

 

13.  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 Prerelease Software and Services 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 “NOTICE OF CLAIM”.   The Notice of Claim should include both the mailing address and email address You would like Symantec to use to contact You.  If Symantec elects to seek arbitration, it will send, by certified mail, a written Notice of Claim to Your billing address on file.  A Notice of Claim, whether sent by You or by Symantec, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific amount of damages or other relief sought ("Demand"). 

 

If You and Symantec do not reach an agreement to resolve the claim within thirty (30) days after the Notice of Claim is received, You or Symantec may commence an arbitration proceeding or file a claim in small claims court.  You may download or copy a form of notice and a form to initiate arbitration at www.adr.org.  If You are required to pay a filing fee, Symantec will promptly reimburse You for Your payment of the filing fee after arbitration is commenced.  The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this License Agreement, and will be administered by the AAA.  The AAA Rules and Forms are available online at www.adr.org or by calling the AAA at 1-800-778-7879.  The arbitrator is bound by the terms of this License Agreement.  All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision.  Unless Symantec and You agree otherwise, any arbitration hearings will take place in the county (or parish) of either the mailing address You provided in Your Notice or, if no address was provided in Your Notice, Your billing address on file.  If Your claim is for U.S. $10,000 or less, Symantec agrees that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules.  If Your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules.  Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.  If the arbitrator issues You an award that is greater than the value of Symantec’s last written settlement offer made before an arbitrator was selected (or if Symantec did not make a settlement offer before an arbitrator was selected), then Symantec will pay You, in addition to the award, either U.S. $500 or 10% of the amount awarded, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.

 

YOU AND SYMANTEC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.  Further, unless both You and Symantec agree otherwise, the arbitrator may not consolidate more than one person's claims with Your claims, and may not otherwise preside over any form of a representative or class proceeding.  If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.  The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

 

14.  Entire Agreement. 

     

      This License Agreement (a) is the entire agreement between You and Symantec relating to the Prerelease Software and Services accompanying this License Agreement, (b) supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to its subject matter and (c) prevails over any conflicting or additional terms contained in the Prerelease Software and Services media or related documentation.  Any terms and conditions applicable to a commercial version of the Prerelease Software and Services are null and void with respect to the Prerelease Software and Services.

 

15. General Terms.

     

      This License Agreement will be governed by the laws of the State of California, United States of America. Notwithstanding the foregoing, nothing in this License Agreement will diminish any rights You may have under existing consumer protection legislation or other applicable laws in Your jurisdiction.  The disclaimers of warranties and damages and limitations on liability shall survive termination.  This License Agreement may only be modified by a written document which has been signed by both You and Symantec.  Should You have any questions concerning this License Agreement, or if You desire to contact Symantec for any reason, please write to) Symantec Customer Service, 555 International Way, Springfield, OR 97477, U.S.A or visit the Support page at www.symantec.com.

 

 

ADDITIONAL TERMS AND CONDITIONS. Your use of the Prerelease Software and Services is subject to the terms and conditions below in addition to those stated above.

 

16.  Privacy; Data Protection: 

 

From time to time, the Prerelease Software and Services may collect certain information, including personally identifiable information, from the Device on which it is installed, which may include:

 

-         Information on potential security risks as well as URLs and the Internet Protocol (IP) addresses of websites visited that the Prerelease Software and Services deems potentially fraudulent. The URLs could contain personally identifiable information that a potentially fraudulent website is attempting to obtain without Your permission. This information is collected by Symantec for the purpose of delivering the functionalities of the Prerelease Software and Services, and also for evaluating and improving the ability of Symantec’s products to detect malicious behavior, potentially fraudulent websites and other Internet security risks. 

-         URLs and the Internet Protocol (IP) addresses of websites visited as well as search keywords and search results only if the Norton Safe Web or Norton Safe Search features are enabled.  This information is collected by Symantec for the purpose of providing protection and of evaluating and advising You regarding potential threats and risks that may be associated with a particular Web site before You view it. 

-         Executable files and files that contain executable content that are identified as potential malware, including information on the actions taken by such files at the time of installation.  These files are submitted to Symantec using the Prerelease Software and Service’s automatic submission function.  Such automatic submission function may be deactivated after installation by following the instructions in the Documentation for applicable products. The collected files could contain personally identifiable information that has been obtained by the malware without Your permission.  Files of this type are being collected by Symantec only for the purpose of improving the ability of Symantec’s products to detect malicious behavior. 

-         The name given to the Device during the initial setup of such Device.  If collected, the name will be used by Symantec as an account name for the Device under which You may elect to receive additional services and/or under which You may use certain features of the Prerelease Software and Services.  You may change such account name at any time after installation of the Prerelease Software and Services and it is recommended that You do so.

-         Status information regarding installation and operation of the Prerelease Software and Services.  This information indicates to Symantec whether installation of the Prerelease Software and Services was successfully completed as well as whether the Prerelease Software and Services has encountered an error. The status information could contain personally identifiable information only if such information is included in the name of the file or folder encountered by the Prerelease Software and Services at the time of installation or error. The status information is collected by Symantec for the purpose of evaluating and improving Symantec’s product performance and installation success rate.  Symantec may also use this information to optimize its web-pages.

-         Information contained in email messages that You send through the Prerelease Software and Services to Symantec to report as spam or as incorrectly identified as spam.  These email messages may contain personally identifiable information and will be sent to Symantec only with Your permission, and will not be sent automatically.  If You send such messages to Symantec, Symantec will use them only for the purpose of improving the detection ability of Symantec’s antispam technology.  Symantec will not correlate or match up these files with any other personally identifiable information.

-         Information contained in a report that You may choose to send through the Prerelease Software and Services to Symantec when the Prerelease Software and Services encounters a problem.  The report includes information regarding the status of both the Prerelease Software and Services and Your Device at the time that the Prerelease Software and Services encountered the problem.  The status information about Your Device may include the system language, country locale, and the operating system version for Your Device, as well as the processes running, their status and performance information, and data from files or folders that were open at the time the Prerelease Software and Services encountered the problem.  The information could contain personally identifiable information if such information is included in, or is a part of the name of the files or folders open at the time the Prerelease Software and Services encountered the problem. This information will be sent to Symantec only with Your permission, and will not be sent automatically.  The information is collected by Symantec for the purpose of correcting the encountered problem and improving Symantec’s product performance. This information will not be correlated or matched up with any personally identifiable information.

-         The Internet Protocol (IP) address and/or Media Access Control (MAC) address and the Machine ID of the Device on which the Prerelease Software and Services is installed to enable the Prerelease Software and Services to function and for license administration purposes.

-         Other general, statistical information used for product analysis, and for improving product functionality. 

 

Unless it is expressly defined as optional, the collected information as set out above is necessary for the purpose of the functionality of Symantec’s products.

 

Information may be transferred to the Symantec group in the United States or other countries that may have less protective data protection laws than the region in which You are situated (including the European Union) and may be accessible by Symantec employees or contractors exclusively to be used in accordance with the purposes described above. For the same purposes the information may be shared with partners and vendors that process information on behalf of Symantec. Symantec has taken steps so that the collected information, if transferred, receives an adequate level of protection.

 

Subject to applicable laws, Symantec reserves the right to cooperate with any legal process and any law enforcement or other government inquiry related to Your use of this Prerelease Software and Services. This means that Symantec may provide documents and information relevant to a court subpoena or to a law enforcement or other government investigation.  In order to promote awareness, detection and prevention of Internet security risks, Symantec may share certain information with research organizations and other security software vendors. Symantec may also use statistics derived from the information to track and publish reports on security risk trends. By using the Prerelease Software and Services, You acknowledge and agree that Symantec may collect, transmit, store, disclose and analyze such information for these purposes.

 

CPS / PRLS 21.0 / USE


"I agree to the submission terms and conditions."



The personal information, which includes the fields on this form, that you provide to us will be transferred to Symantec and its subcontractors acting on behalf of Symantec for downloading the beta software. Your information may be transferred to the Symantec group to fulfill your request, to the United States or other countries that may have less protective data protection laws than the region in which you are situated (including the European Economic Area). Symantec has taken steps so that the collected information, if transferred, receives an adequate level of protection. If you do not agree to your personal data being processed within the Symantec group we may not be able to complete your request. Your personal information will be stored by Symantec and kept in accordance with Symantec's Privacy Notice. Any emails we send you will contain unsubscribe information, and you may opt-out of future emails at any time. You can alter your e-mail notification preferences here.