SYMANTEC CORPORATION AND/OR ITS SUBSIDIARIES (“SYMANTEC”) IS WILLING TO ENTER INTO THESE SYMANTEC SKILLS ASSESSMENT TOOL TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) WITH YOU AS AN INDIVIDUAL, THE COMPANY, OR THE LEGAL ENTITY (“YOU”, “YOUR” OR “YOURSELF”) THAT WILL BE AUTHORIZED TO ACCESS THE SYMANTEC SKILLS ASSESSMENT TOOL (“TOOL”), ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THESE TERMS AND CONDITIONS. READ THESE TERMS AND CONDITIONS CAREFULLY. IF YOU ARE LOCATED IN THE AMERICAS, “SYMANTEC” MEANS SYMANTEC CORPORATION; IF YOU ARE LOCATED IN EUROPE, MIDDLE EAST, OR AFRICA, “SYMANTEC” MEANS SYMANTEC LIMITED; IF YOU ARE LOCATED IN ASIA PACIFIC EXCLUDING JAPAN OR THE GREATER CHINA AREA, “SYMANTEC” MEANS SYMANTEC ASIA PACIFIC PTE LTD; IF YOU ARE LOCATED IN JAPAN, “SYMANTEC” MEANS SYMANTEC JAPAN INC.; AND IF YOU ARE LOCATED IN THE GREATER CHINA REGION, “SYMANTEC” MEANS SYMANTEC SOFTWARE (BEIJING) CO LTD. PLEASE NOTE THAT SYMANTEC RESERVES THE RIGHT TO CHANGE THE SYMANTEC ENTITY PARTICIPATING IN THESE TERMS AND CONDITIONS BY NOTICE TO YOU, AS DESCRIBED IN THESE TERMS AND CONDITIONS.
THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND SYMANTEC. BY CLICKING ON THE “I AGREE” OR “YES” BUTTON OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR BY ACCESSING OR USING THE TOOL OR ANY REPORT OR RESULTS DERIVED FROM YOUR ACCESS / USE (“RESULTS”), YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. YOU AGREE THAT CONSENT TO THESE TERMS WILL BIND YOUR USE OF THE TOOL AND / OR RESULTS DURING THE TERM (AS DEFINED BELOW IN SECTION 1). IF YOU ARE A RESIDENT OF THE UNITED STATES YOU ARE (1) REPRESENTING THAT YOU ARE OVER THE AGE OF 18 AND HAVE THE CAPACITY AND AUTHORITY TO BIND YOURSELF TO THESE TERMS AND CONDITIONS, AND (2) CONSENTING ON BEHALF OF YOURSELF TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU ARE A RESIDENT OF THE EUROPEAN UNION, YOU ARE (A) REPRESENTING THAT YOU HAVE THE CAPACITY AND AUTHORITY TO BIND YOURSELF, AS APPLICABLE, TO THESE TERMS AND CONDITIONS, AND (B) CONSENTING ON BEHALF OF YOURSELF TO BE BOUND HEREUNDER. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, CLICK ON THE “I DO NOT AGREE” OR “NO” BUTTON, OR OTHERWISE INDICATE REFUSAL, LOG OFF THIS WEBSITE, AND DO NOT REQUEST OR ACCEPT ACCESS TO THE TOOL.
1. RIGHTS GRANTED; TERM. Subject to Your compliance with the terms of these Terms and Conditions, Symantec grants You permission, during the Term, to access and use the Tool and the Results solely for Your internal use purposes to assess Your knowledge of Symantec’s products or services (collectively, “Product(s)”). Your rights authorized under these Terms and Conditions are non-transferable, non-exclusive, and non-sublicensable. You understand and agree that You are granted no license or interest in or to the Tool, but only a limited right of use revocable in accordance with these Terms and Conditions. Upon the generation of Results (provided to You by Symantec or an authorized partner (“Reporting Partner”)), You are granted a limited, personal right to use the Results for Your internal Use only. You agree not to: (a) copy, reproduce, modify, rent, lease, distribute, sell, sublicense or transfer the Tool or Results, or any part thereof, or any portion of this website; (b) decrypt, decompile, reverse engineer, disassemble or otherwise reduce the Tool or Results; (c) create derivative works based on the Tool, the material accessed using the Tool, or the Results; or (d) disclose or make available to any person any information contained in the Tool or in the Results, except that You may discuss such information with Symantec personnel, Reporting Partners, and with others in Your organization, provided that Your use of the Tool is to assess your knowledge of Product(s) licensed by your organization. The rights granted under this Section 1 will continue until termination by either party for convenience upon thirty (30) days prior written notice (such notice which may be provided via email), or immediately upon written notice for breach of any material term hereunder. The “Term” of these Terms and Conditions shall commence upon acceptance of these Terms and Conditions and continue through termination.
2. NO CERTIFICATION. You understand and acknowledge that the Results generated by the Tool are for informational use only, and are not intended to show mastery of the subject matter. Results are not certifications of any kind. Information on Symantec certification courses and exams may be obtained from Symantec Education Sales at [insert email address]. You agree that you will not represent or tout Your Results as a certification or attestation of Product(s) knowledge, or of any designation of any kind from Symantec in which Symantec attests to Your knowledge or level of expertise of the Product(s).
3. TOOL OWNERSHIP. Except for the limited use rights granted herein, all rights in and to the Tool, the Results, this website, and all copies thereof, are retained by Symantec, including, without limitation, all patent rights, copyrights, trademark rights and trade secret rights. Symantec does not grant any express or implied right to you under any Symantec patents, copyrights, trademarks or trade secrets. You acknowledge and agree that the Tool, the Results, and the Product(s) are the sole property of Symantec and its licensors. You agree not to remove or alter any copyright or other proprietary rights notice of Symantec in or on the Tool or material generate by the Tool.
4. NO WARRANTIES. THE TOOL AND RESULTS ARE PROVIDED TO YOU "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. SYMANTEC DOES NOT WARRANT THAT THE TOOL WILL MEET YOUR REQUIREMENTS OR THAT USE OF THE TOOL SERVICES SHALL BE UNINTERRUPTED OR ERROR FREE. THE ASSESSMENTS AVAILABLE VIA THE TOOL MAY NOT ALWAYS RELATE TO THE MOST RECENT VERSION OF THE PRODUCT OR SERVICE THAT IS THE SUBJECT MATTER OF THE TEST. NEITHER SYMANTEC NOR ITS LICENSORS ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF THE RESULTS. ANY RELIANCE BY YOU ON SUCH RESULTS IS STRICTLY AT YOUR OWN RISK.
5. LIMITATION OF LIABILITY INDEMNIFICATION. IN NO EVENT SHALL SYMANTEC OR ITS LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR: (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS OR SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME, OR (ii) ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THE PROVISION OF THE TOOL EVEN IF SYMANTEC, ITS RESELLERS, SUPPLIERS OR ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS LIMITED BY APPLICABLE LAW, SYMANTEC’S AND ITS SUPPLIERS’ TOTAL LIABILITY UNDER THESE TERMS AND CONDITIONS SHALL BE LIMITED TO ONE-THOUSAND U.S. DOLLARS ($1,000 USD). THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. YOU AGREE TO HOLD HARMLESS AND INDEMNIFY SYMANTEC, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY THIRD-PARTY CLAIM ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF ANY TOOL OR RESULTS, INCLUDING ANY LIABILITY OR EXPENSE ARISING FROM ALL CLAIMS, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), SUITS, JUDGMENTS, LITIGATION COSTS AND ATTORNEYS’ FEES OF EVERY KIND AND NATURE. IN SUCH A CASE, SYMANTEC WILL PROVIDE YOU WITH WRITTEN NOTICE OF SUCH CLAIM, SUIT OR ACTION.
5. CONFIDENTIALITY. You agree that information contained in the Tool, the Results, and other confidential and proprietary information of each party hereunder (“Confidential Information”) received in connection with the Tool shall not be used except as authorized by these Terms and Conditions. You are required to maintain the confidentiality of such information. If You have been directed to the Tool by a Reporting Partner, You agree that Symantec may share the Results with Your Reporting Partner and that the Reporting Partner may use such results in a customized report to You or Your employer, if applicable, about Your test performance. Confidential Information does not include: (i) information that was publicly available at the time of disclosure or that subsequently becomes publicly available other than by a breach of this provision, (ii) information previously known by or developed by You independent of the Confidential Information hereunder, or (iii) information that You party rightfully obtain without restrictions on use and disclosure.
6. COMPLIANCE WITH LAW. Each party agrees to comply with all applicable laws, rules, and regulations in connection with its activities under these Terms and Conditions. Without limiting the foregoing, You acknowledge that the Tool and any other technical data, any information within it, and / or any Results, is subject to export controls under the U.S. Export Administration Regulations (www.bis.doc.gov ) and applicable local export control laws. You shall not export or re-export (directly or indirectly) the Tool or Results except in compliance with applicable export control laws.
7. GOVERNING LAW; MISCELLANEOUS. If You are located in North America or Latin America, these Terms and Conditions will be governed by the laws of the State of California, United States of America. If you are located in China, these Terms and Conditions will be governed by the laws of the People’s Republic of China and any suit concerning these Terms and Conditions shall be brought in the courts of the same jurisdiction. Otherwise, these Terms and Conditions will be governed by the laws of England. Such governing laws are exclusive of any provisions of the United Nations Convention on Contracts for Sale of Goods, including any amendments thereto, and without regard to principles of conflicts of law. During the period these Terms and Conditions remain in effect, and for three years thereafter, Symantec has the right to verify Your compliance with these Terms and Conditions on Your premises during Your normal business hours and in a manner that minimizes disruption to Your business. Symantec may use an independent auditor for this purpose with Your prior approval which You will not unreasonably withhold.