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ANY OTHER PERSON FOR DAMAGES, DIRECT OR INDIRECT, OF ANY NATURE, OR EXPENSES INCURRED BY LICENSEE. LICENSEE'S SOLE AND
EXCLUSIVE REMEDY SHALL BE TO TERMINATE THE BETA PRODUCT LICENSE BY WRITTEN NOTICE TO ISS.
5. Evaluation License - If ISS is providing Licensee with the Software, security content and related documentation on an evaluation trial basis at no cost, such
license Term is 30 days from installation, unless a longer period is agreed to in writing by ISS. ISS recommends using Software and security content for
evaluation in a non-production, test environment. The following terms of this Section 5 additionally apply and supersede any conflicting provisions herein.
Licensee agrees to remove or disable the Software and security content from the authorized platform and return the Software, security content and
documentation to ISS upon expiration of the evaluation Term unless otherwise agreed by the parties in writing. ISS has no obligation to provide support,
maintenance, upgrades, modifications, or new releases to the Software or security content under evaluation. LICENSEE AGREES THAT THE SOFTWARE,
SECURITY CONTENT 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. IN NO EVENT WILL ISS BE LIABLE TO LICENSEE OR ANY OTHER PERSON FOR
DAMAGES, DIRECT OR INDIRECT, OF ANY NATURE, OR EXPENSES INCURRED BY LICENSEE. LICENSEE'S SOLE AND EXCLUSIVE REMEDY SHALL
BE TO TERMINATE THE EVALUATION LICENSE BY WRITTEN NOTICE TO ISS.
6. Covenants - ISS reserves all intellectual property rights in the Software, security content and Beta Products. Licensee agrees: (i) the Software, security content
and/or Beta Products is owned by ISS and/or its licensors, and is protected by copyright laws and international treaty provisions; (ii) to take all reasonable
precautions to protect the Software, security content or Beta Product from unauthorized access, disclosure, copying or use; (iii) not to modify, adapt, translate,
reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Software, security content or Beta Product; (iv) not to use ISS
trade names or trademarks; (v) to reproduce all of ISS' and its licensors' copyright notices on any copies of the Software, security content or Beta Product; and
(vi) not to transfer, lease, assign, sublicense, or distribute the Software, security content or Beta Product or make it available for timesharing, service bureau,
managed services offering, or on-line use.
7. Support and Maintenance - Depending upon what maintenance programs Licensee has purchased, ISS will provide maintenance, during the period for which
Licensee has paid the applicable maintenance fees, in accordance with its prevailing Maintenance and Support Policy that is available at
maintenance_policy.pdf. Any supplemental Software code or related materials that ISS provides to Licensee as part of any support and maintenance service are
to be considered part of the Software and are subject to the terms and conditions of this License, unless otherwise specified.
8. Limited Warranty - The commencement date of this limited warranty is the date on which ISS provides Licensee with access to the Software. For a period of
ninety (90) days after the commencement date or for the Term (whichever is less), ISS warrants that the Software or security content will conform to material
operational specifications described in its then current documentation. However, this limited warranty shall not apply unless (i) the Software or security content is
installed, implemented, and operated in accordance with all written instructions and documentation supplied by ISS, (ii) Licensee notifies ISS in writing of any
nonconformity within the warranty period, and (iii) Licensee has promptly and properly installed all corrections, new versions, and updates made available by ISS
to Licensee. Furthermore, this limited warranty shall not apply to nonconformities arising from any of the following: (i) misuse of the Software or security content,
(ii) modification of the Software or security content, (iii) failure by Licensee to utilize compatible computer and networking hardware and software, or (iv)
interaction with software or firmware not provided by ISS. If Licensee timely notifies ISS in writing of any such nonconformity, then ISS shall repair or replace the
Software or security content or, if ISS determines that repair or replacement is impractical, ISS may terminate the applicable licenses and refund the applicable
license fees, as the sole and exclusive remedies of Licensee for such nonconformity. THIS WARRANTY GIVES LICENSEE SPECIFIC LEGAL RIGHTS, AND
LICENSEE MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. ISS DOES NOT WARRANT THAT THE SOFTWARE
OR THE SECURITY CONTENT WILL MEET LICENSEE'S REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE OR SECURITY CONTENT WILL
BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL SOFTWARE OR SECURITY CONTENT ERRORS WILL BE CORRECTED. LICENSEE
UNDERSTANDS AND AGREES THAT THE SOFTWARE AND THE SECURITY CONTENT ARE NO GUARANTEE AGAINST UNSOLICITED E-MAILS,
UNDESIRABLE INTERNET CONTENT, INTRUSIONS, VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, CANCELBOTS OR OTHER SIMILAR
HARMFUL OR DELETERIOUS PROGRAMMING ROUTINES AFFECTING LICENSEE'S NETWORK, OR THAT ALL SECURITY THREATS AND
VULNERABILITIES, UNSOLICITED E-MAILS OR UNDESIRABLE INTERNET CONTENT WILL BE DETECTED OR THAT THE PERFORMANCE OF THE
SOFTWARE AND SECURITY CONTENT WILL RENDER LICENSEE'S SYSTEMS INVULNERABLE TO SECURITY BREACHES. THE REMEDIES SET OUT
IN THIS SECTION 8 ARE THE SOLE AND EXCLUSIVE REMEDIES FOR BREACH OF THIS LIMITED WARRANTY.
9. Warranty Disclaimer - EXCEPT FOR THE LIMITED WARRANTY PROVIDED ABOVE, THE SOFTWARE AND SECURITY CONTENT ARE EACH PROVIDED
"AS IS" AND ISS HEREBY DISCLAIMS ALL WARRANTIES AND INDEMNITIES, BOTH EXPRESS AND IMPLIED, INCLUDING IMPLIED WARRANTIES
RESPECTING MERCHANTABILITY, TITLE, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. LICENSEE EXPRESSLY
ACKNOWLEDGES THAT NO REPRESENTATIONS OTHER THAN THOSE CONTAINED IN THIS LICENSE HAVE BEEN MADE REGARDING THE GOODS
OR SERVICES TO BE PROVIDED HEREUNDER, AND THAT LICENSEE HAS NOT RELIED ON ANY REPRESENTATION NOT EXPRESSLY SET OUT IN
THIS LICENSE.
10. Limitation of Liability - Circumstances may arise where, because of a default on ISS' part or other liability, Licensee is entitled to recover damages from ISS. In
each such instance, regardless of the basis on which Licensee may be entitled to claim damages from ISS, (including fundamental breach, negligence,
misrepresentation, or other contract or tort claim), ISS is liable for no more than 1) damages for bodily injury (including death) and damage to real property and
tangible personal property and 2) the amount of any other actual direct damages up to the charges for the Software or security content that is the subject of the
claim.
This limitation of liability also applies to ISS' licensors and suppliers. It is the maximum for which they and ISS are collectively responsible.
UNDER NO CIRCUMSTANCES IS ISS, ITS LICENSORS OR SUPPLIERS LIABLE FOR ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR
POSSIBILITY: LOSS OF, OR DAMAGE TO, DATA; SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC CONSEQUENTIAL
DAMAGES; OR LOST PROFITS, BUSINESS, REVENUE, GOODWILL, OR ANTICIPATED SAVINGS. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
LICENSEE.
11. Termination - Licensee may terminate this License at any time by notifying ISS in writing. All rights granted under this License will terminate immediately,
without prior written notice from ISS, at the end of the Term of the License, if not perpetual. If Licensee fails to comply with any provisions of this License, ISS
may immediately terminate this License if such default has not been cured within ten (10) days following written notice of default to Licensee. Upon termination or
expiration of a license for Software, Licensee shall cease all use of such Software, including Software pre-installed on ISS hardware, and destroy all copies of the
Software and associated documentation. Termination of this License shall not relieve Licensee of its obligation to pay all fees incurred prior to such termination
and shall not limit either party from pursuing any other remedies available to it.
12. General Provisions - This License, together with the identification of the Software and/or security content, pricing and payment terms stated in the applicable
ISS quotation and Licensee purchase order (if applicable) as accepted by ISS, constitute the entire agreement between the parties respecting its subject matter.
Standard and other additional terms or conditions contained in any purchase order or similar document are hereby expressly rejected and shall have no force or
effect. If Licensee has not already downloaded the Software, security content and documentation, then it is available for download at
http://www.iss.net/download/. All ISS hardware with pre-installed Software and any other products not delivered by download are delivered f.o.b. origin. Both
Licensee and ISS consent to the application of the laws of the State of New York to govern, interpret, and enforce all of Licensee's and ISS' rights, duties, and
obligations arising from, or relating in any manner to, the subject matter of this License, without regard to conflict of law principles. The United Nations
Convention on Contracts for the International Sale of Goods does not apply. Both Licensee and ISS irrevocably waive any right to a jury trial. If any part of this
License is found void or unenforceable, it will not affect the validity of the balance of the License, which shall remain valid and enforceable according to its terms.
This License may only be modified in writing signed by an authorized officer of ISS.
13. Notice to United States Government End Users - Licensee acknowledges that any Software and security content furnished under this License is commercial
computer software and any documentation is commercial technical data developed at private expense and is provided with RESTRICTED RIGHTS. Any use,
modification, reproduction, display, release, duplication or disclosure of this commercial computer software by the United States Government or its agencies is
subject to the terms, conditions and restrictions of this License in accordance with the United States Federal Acquisition Regulations at 48 C.F.R. Section 12.212
and DFAR Subsection 227.7202-3 and Clause 252.227-7015 or applicable subsequent regulations. Contractor/manufacturer is Internet Security Systems, Inc.,
6303 Barfield Road, Atlanta, GA 30328, USA.
14. Export and Import Compliance - Each party will comply with applicable import and export control laws and regulations, including those of the United States that
prohibit or limit export for certain uses or to certain end users. Many ISS Software products include encryption and export outside of the United States or Canada
is strictly controlled by U.S. laws and regulations. ISS makes its current export classification information available at http://www.iss.net/export. Please contact
ISS' Sourcing and Fulfillment for export questions relating to the Software or security content (fulfillment@iss.net). Licensee understands that the foregoing
obligations are U.S. legal requirements and agrees that they shall survive any term or termination of this License.
15. Authority - Because the Software is designed to test or monitor the security of computer network systems and may disclose or create problems in the operation
of the systems tested, Licensee and the persons acting for Licensee represent and warrant that: (a) they are fully authorized by the Licensee and the owners of
the computer network for which the Software is licensed to enter into this License and to obtain and operate the Software in order to test and monitor that
computer network; (b) the Licensee and the owners of that computer network understand and accept the risks involved; and (c) the Licensee shall procure and
use the Software in accordance with all applicable laws, regulations and rules.
16. Disclaimers - Licensee acknowledges that some of the Software and security content is designed to test the security of computer networks and may disclose or
create problems in the operation of the systems tested. Licensee further acknowledges that neither the Software nor security content is fault tolerant or designed
or intended for use in hazardous environments requiring fail-safe operation, including, but not limited to, aircraft navigation, air traffic control systems, weapon
systems, life-support systems, nuclear facilities, or any other applications in which the failure of the Software and security content could lead to death or personal
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