User guide
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:
1 Symantec may permanently delete any Data stored to the
online backup space provided with Your Software ;
1 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
1 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.
F. 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 fourth paragraph of section 13 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.
5. Technical Support:
In connection with Your use of the Software You may choose
to access certain technical support features that may be
offered from within the Software, which may include live
chat with a technical support agent and/or assistance from
a technical support agent via remote computer access (any
such technical support offered from within the Software shall
be referred to in this License Agreement as the “Technical
Support”). Any such Technical Support shall be provided in
Symantec’s sole discretion without any guarantee or warranty
of any kind other than any guarantees applicable under
consumer laws in Your jurisdiction which cannot be excluded
or limited in any way. 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.
6. Money Back Guarantee:
If You are the original licensee of this copy of the Software
and are not completely satisfied with it for any reason, please
make no further use of the Software and contact Symantec
Customer Service, using the contact details set out in Section
12 of this License Agreement, for a refund of the amount You
paid for the current Service Period (less shipping, handling,
and any applicable taxes except in certain states and
countries where shipping, handling and taxes are refundable)
at any time during the sixty (60) day period following the
date of purchase of an annual subscription or within thirty
(30) days following the date of purchase of a monthly
subscription.
7. Limited Warranty:
Symantec warrants that any media manufactured by
Symantec on which the Software is distributed will be free
from defects for a period of sixty (60) days from the date of
delivery of the Software to You. Your sole remedy in the event
of a breach of this warranty will be that Symantec will, at its
option, replace any defective media returned to Symantec
within the warranty period or refund the money You paid
for the Software. Symantec does not warrant that the
Software will meet Your requirements or that operation of
the Software will be uninterrupted or that the Software will
be error-free. For the avoidance of doubt, references to
“Software” in the foregoing sentence shall include, but not
be limited to, the Online Backup Feature and Technical
Support.
TOTHEMAXIMUMEXTENT PERMITTEDBY APPLICABLE
LAW, THE ABOVE WARRANTY IS EXCLUSIVE AND IN
LIEUOF ALL OTHERWARRANTIES,WHETHER EXPRESS
OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE,AND NON-INFRINGEMENTOF INTELLECTUAL
PROPERTY RIGHTS. THIS WARRANTY GIVES YOU
SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER
RIGHTS, WHICH VARY FROM STATE TO STATE AND
COUNTRY TO COUNTRY.
8. Disclaimer of Damages:
SOME STATES AND COUNTRIES 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.
TOTHE MAXIMUMEXTENT PERMITTEDBY APPLICABLE
LAW AND REGARDLESS OF WHETHER ANY REMEDY
SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE,
IN NO EVENT WILL SYMANTEC OR ITS LICENSORS BE
LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL,
INDIRECT, OR SIMILAR DAMAGES, INCLUDING ANY
LOST PROFITSORLOSTDATAARISINGOUTOFTHEUSE
ORINABILITY TOUSETHE SOFTWARE(INCLUDING BUT
NOTLIMITED TO USEOFTHE ONLINE BACKUPFEATURE
AND TECHNICAL SUPPORT) EVEN IF SYMANTEC HAS
BEENADVISED OFTHE POSSIBILITYOFSUCHDAMAGES.
IN NO CASE SHALL SYMANTEC’S OR ITS LICENSORS’
LIABILITY EXCEED THE PURCHASE PRICE WHICH YOU
PAID FOR THE APPLICABLE SERVICE PERIOD. The
disclaimers and limitations set forth above will apply
regardless of whether You accept the Software.
9. U.S. Government Restricted Rights:
For U.S. Government procurements, the Software 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.
10. Export Regulation:
You acknowledge that the Software and related technical
data and services (collectively "Controlled Technology") may
be subject to the import and export laws of the United States,
specifically the U.S. Export Administration Regulations (EAR),
and the laws of any country where Controlled Technology is
imported or re-exported. You agree to comply with all
relevant laws and will not export any Controlled Technology
in contravention to U.S. law nor to any prohibited country,
entity, or person for which an export license or other
governmental approval is required. All Symantec product is