Table of Contents
Advertisement
Internet Security Systems, Inc., an IBM Company
Software License Agreement
BY INSTALLING, ACTIVATING, COPYING OR OTHERWISE USING THIS SOFTWARE PRODUCT, YOU AGREE TO ALL OF THE
PROVISIONS OF THIS ISS SOFTWARE LICENSE AGREEMENT ("LICENSE"). EXCEPT AS MAY BE MODIFIED BY AN APPLICABLE
LICENSE NOTIFICATION THAT ACCOMPANIES, PRECEDES, OR FOLLOWS THIS LICENSE, AND AS MAY FURTHER BE DEFINED IN
THE USER DOCUMENTATION ACCOMPANYING THE SOFTWARE PRODUCT, YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO
THE USE OF THIS SOFTWARE PRODUCT ARE AS SET FORTH BELOW. IF YOU ARE NOT WILLING TO BE BOUND BY THIS LICENSE,
RETURN ALL COPIES OF THE SOFTWARE PRODUCT, INCLUDING ANY LICENSE KEYS, TO ISS WITHIN FIFTEEN (15) DAYS OF
RECEIPT FOR A FULL REFUND OF ANY PAID LICENSE FEE. IF THE SOFTWARE PRODUCT WAS OBTAINED BY DOWNLOAD, YOU MAY
CERTIFY DESTRUCTION OF ALL COPIES AND ANY LICENSE KEYS IN LIEU OF RETURN.
"ISS" is Internet Security Systems, Inc., an IBM Company.
"Software" is the following, including the original and all whole or partial copies: 1) machine-readable instructions and data, 2) components, 3)
audio-visual content (such as images, text, recordings, or pictures), 4) related license materials, and 5) license use documents or keys, and
documentation.
1. License - The Software is provided in object code and is licensed, not sold. Upon your payment of the applicable fees and ISS' delivery to you of the applicable
license notification, Internet Security Systems, Inc., an IBM Company ("ISS") grants to you as the only end user ("Licensee") a nonexclusive and nontransferable,
limited license for the accompanying Software, for use only on the specific network configuration, for the number and type of devices, and for the time period
("Term") that are specified in ISS' quotation and Licensee's purchase order, as accepted by ISS. If no Term is specified in the applicable ISS quotation or
Licensee purchase order, the license shall be deemed perpetual. ISS limits use of Software based upon the number of nodes, users and/or the number and type
of devices upon which it may be installed, used, gather data from, or report on, depending upon the specific Software licensed. A device includes any network
addressable device connected to Licensee's network, including remotely, including but not limited to personal computers, workstations, servers, routers, hubs
and printers. A device may also include ISS hardware (each an "Appliance") delivered with pre-installed Software and the license associated with such shall be a
non-exclusive, nontransferable, perpetual (unless otherwise specified in the applicable ISS quotation or Licensee purchase order), limited license to use such
pre-installed Software only in conjunction with the ISS hardware with which it is originally supplied. Except as provided in the immediately preceding sentence,
Licensee may reproduce, install and use the Software on multiple devices, provided that the total number and type are authorized by ISS. Licensee may make a
reasonable number of backup copies of the Software solely for archival and disaster recovery purposes.
In connection with certain Software products, ISS licenses security content on a subscription basis for a Term. Content subscriptions are licensed pursuant to
this License based upon the number of protected nodes or number of users. Security content is regularly updated and includes, but is not limited to, Internet
content (URLs) and spam signatures that ISS classifies, security algorithms, checks, decodes, and ISS' related analysis of such information, all of which is
owned and copyrighted by ISS and considered ISS confidential information and intellectual property. Security content may only be used in conjunction with the
applicable Software in accordance with this License. The use or re-use of such content for commercial purposes is prohibited.
Licensee's access to the security content is through an Internet update using the Software. In addition, unknown URLs may be automatically forwarded to ISS
through the Software, analyzed, classified, entered into ISS' URL database and provided to Licensee as security content updates at regular intervals. ISS' URL
database is located at an ISS facility or as a mirrored version on Licensee's premises. Any access by Licensee to the URL database that is not in conformance
with this License is prohibited. Upon expiration of the security content subscription Term, unless Licensee renews such content subscription, Licensee shall
implement appropriate system configuration modifications to terminate its use of the content subscription. Except for a perpetual license, upon expiration of the
license Term, Licensee shall cease using the Software and certify return or destruction of it upon request.
2. Migration Utilities - For Software ISS markets or sells as a Migration Utility, the following shall apply. Provided Licensee holds a valid license to the Software to
which the Migration Utility relates (the "Original Software"), ISS grants to Licensee as the only end user a nonexclusive and nontransferable, limited license to the
Migration Utility and the related documentation ("Migration Utility") for use only in connection with Licensee's migration of the Original Software to the
replacement software, as recommended by ISS in the related documentation. The Term of this License is for as long as Licensee holds a valid license to the
applicable Original Software. Licensee may reproduce, install and use the Migration Utility on multiple devices in connection with its migration from the Original
Software to the replacement software. Licensee shall implement appropriate safeguards and controls to prevent unlicensed use of the Migration Utility. Licensee
may make a reasonable number of backup copies of the Migration Utility solely for archival and disaster recovery purposes.
3. Third-Party Products - Use of third party product(s) supplied hereunder, if any, will be subject solely to the manufacturer's terms and conditions that will be
provided to Licensee upon delivery. ISS will pass any third party product warranties through to Licensee to the extent ISS is authorized to do so. If ISS supplies
Licensee with Crystal Decisions Runtime Software, then the following additional terms apply:
Licensee agrees not to alter, disassemble, decompile, translate, adapt or reverse-engineer the Runtime Software or the report file (.RPT) format, or to use,
distribute or integrate the Runtime Software with any general-purpose report writing, data analysis or report delivery product or any other product that performs
the same or similar functions as Crystal Decisions' product offerings;
Licensee agrees not to use the Runtime Software to create for distribution a product that converts the report file (.RPT) format to an alternative report file
format used by any general-purpose report writing, data analysis or report delivery product that is not the property of Crystal Decisions;
Licensee agrees not to use the Runtime Software on a rental or timesharing basis or to operate a service bureau facility for the benefit of third-parties unless
Licensee first acquires an Application Service Provider License from Crystal Decisions;
CRYSTAL DECISIONS AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS, OR IMPLIED, INCLUDING WITHOUT LIMITATION THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. CRYSTAL
DECISIONS AND ITS SUPPLIERS SHALL HAVE NO LIABILITY WHATSOEVER UNDER THIS AGREEMENT OR IN CONNECTION WITH THE RUNTIME
SOFTWARE.
In this Section 3 "Runtime Software" means the Crystal Reports software and associated documentation supplied by ISS and any updates, additional modules,
or additional software provided by Crystal Decisions in connection therewith; it includes Crystal Decisions' Design Tools, Report Application Server and Runtime
Software, but does not include any promotional software or other software products provided in the same package, which shall be governed by the online
software license agreements included with such promotional software or software product.
4. Beta License - If ISS is providing Licensee with the Software, security content and related documentation, and/or an Appliance as a part of an alpha or beta test,
the following terms of this Section 4 additionally apply and supersede any conflicting provisions herein or any other license agreement accompanying, contained
or embedded in the subject prototype product or any associated documentation. ISS grants to Licensee a nonexclusive, nontransferable, limited license to use
the ISS alpha/beta software program, security content, if any, Appliance and any related documentation furnished by ISS ("Beta Products") for Licensee's
evaluation and comment (the "Beta License") during the Test Period. ISS' standard test cycle, which may be extended at ISS' discretion, extends for sixty (60)
days, commencing on the date of delivery of the Beta Products (the "Test Period"). Upon expiration of the Test Period or termination of the Beta License,
Licensee shall, within thirty (30) days, return to ISS or destroy all copies of the beta Software, and shall furnish ISS written confirmation of such return or
destruction upon request. If ISS provides Licensee a beta Appliance, Licensee agrees to discontinue use of and return such Appliance to ISS upon ISS' request
and direction. If Licensee does not promptly comply with this request, ISS may, in its sole discretion, invoice Licensee in accordance with ISS' current policies.
Licensee will provide ISS information reasonably requested by ISS regarding Licensee's experiences with the installation and operation of the Beta Products.
Licensee agrees that ISS shall have the right to use, in any manner and for any purpose, any information gained as a result of Licensee's use and evaluation of
the Beta Products. Such information shall include but not be limited to changes, modifications and corrections to the Beta Products. Licensee grants to ISS a
perpetual, royalty-free, non-exclusive, transferable, sublicensable right and license to use, copy, display, perform, make derivative works of and distribute any
report, test result, suggestion or other item resulting from Licensee's evaluation of its installation and operation of the Beta Products.
LICENSEE AGREES NOT TO EXPORT BETA PRODUCTS DESIGNATED BY ISS IN ITS BETA PRODUCT DOCUMENTATION AS NOT YET CLASSIFIED
FOR EXPORT TO ANY DESTINATION OTHER THAN THE U.S. AND THOSE COUNTRIES ELIGIBLE FOR EXPORT UNDER THE PROVISIONS OF 15 CFR
§ 740.17(A) (SUPPLEMENT 3), CURRENTLY CANADA, THE EUROPEAN UNION, AUSTRALIA, JAPAN, NEW ZEALAND, NORWAY, AND SWITZERLAND.
If Licensee is ever held or deemed to be the owner of any copyright rights in the Beta Products or any changes, modifications or corrections to the Beta Products,
then Licensee hereby irrevocably assigns to ISS all such rights, title and interest and agrees to execute all documents necessary to implement and confirm the
letter and intent of this Section. Licensee acknowledges and agrees that the Beta Products (including its existence, nature and specific features) constitute
Confidential Information as defined in Section 18. Licensee further agrees to treat as Confidential Information all feedback, reports, test results, suggestions,
and other items resulting from Licensee's evaluation and testing of the Beta Products as contemplated in this License. With regard to the Beta Products, ISS has
no obligation to provide support, maintenance, upgrades, modifications, or new releases. However, ISS agrees to use commercially reasonable efforts to correct
errors in the Beta Products and related documentation within a reasonable time, and will provide Licensee with any corrections it makes available to other
evaluation participants. The documentation relating to the Beta Products may be in draft form and will, in many cases, be incomplete. Owing to the experimental
nature of the Beta Products, Licensee is advised not to rely exclusively on the Beta Products for any reason. LICENSEE AGREES THAT THE BETA
PRODUCTS AND RELATED DOCUMENTATION ARE BEING DELIVERED "AS IS" FOR TEST AND EVALUATION PURPOSES ONLY WITHOUT
WARRANTIES OR INDEMNITIES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF NONINFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LICENSEE ACKNOWLEDGES AND AGREES THAT THE BETA PRODUCT MAY
CONTAIN DEFECTS, PRODUCE ERRONEOUS AND UNINTENDED RESULTS AND MAY AFFECT DATA NETWORK SERVICES AND OTHER MATERIALS
OF LICENSEE. LICENSEE'S USE OF THE BETA PRODUCT IS AT THE SOLE RISK OF LICENSEE. IN NO EVENT WILL ISS BE LIABLE TO LICENSEE OR
Advertisement
Table of Contents
