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BLUE COAT K-9 WEB PROTECTION
IMPORTANT! READ CAREFULLY: This End-User License and Service Agreement ("Agreement")
is a legal agreement between Blue Coat Systems, Inc. ("Blue Coat") and you (either an
individual or a single entity) as a user, for the use of the Blue Coat software product
identified above, which includes computer software and may include associted media,
printed materials, and "online" or electronic documentation (the "Product") and the
access to the Blue Coat content filtering service (the "Service"). YOU AGREE TO BE
BOUND BY THE TERMS OF THIS AGREEMENT BY INSTALLING, COPYING, OR OTHERWISE USING THE
BLUE COAT PRODUCT AND ACCESSING THE SERVICE. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE
THE PRODUCT OR ACCESS THE SERVICE.
Blue Coat is only willing to grant you the rights and licenses contained in this
Agreement if you obtained the Product from Blue Coat or a Blue Coat authorized
distributor or reseller. If you obtained the Product from any other source you may not
install or use the Product or access the Service.
1. Ownership. The Product is proprietary to Blue Coat. The Product is licensed,
not sold, to you notwithstanding any reference herein to "purchases". You acknowledge
and agree that: (a) the Product is protected under U.S. copyright and other laws; (b)
Blue Coat and its licensors retain all copyrights and other intellectual property
rights in the Product; (c) there are no implied licenses under this Agreement, and any
rights not expressly granted to you hereunder are reserved by Blue Coat; (d) you acquire
no ownership or other interest (other than your license rights) in or to the Product;
and (e) Blue Coat owns all copies of the Product, however made. You agree that you will
not, at any time, contest anywhere in the world Blue Coat's ownership of the Product,
nor will you challenge the validity of Blue Coat's rights in the Product. You have no
rights hereunder to use any trademark or service mark belonging to Blue Coat.
2. Grant of License and Scope of Use. For each license to the Product that you
acquire, Blue Coat shall deliver you a license key that sets forth the term of the
license and number of users licensed to use, access and display the Product ("License
Key"). Blue Coat hereby grants to you a personal, nonexclusive license to install, use,
access and display the Product for the term and for the number of users specified in
the License Key. Upon expiration of the term of your license, you may renew your
license upon payment of the applicable renewal subscription fee. This Agreement defines
your rights to the Product during the license term.
3. Service and Restrictions. For the sole purpose of using the Product, you are
granted a limited non-exclusive non- transferable and royalty-free license to access
the Service. You may not take any action which imposes an unreasonable or
disproportionately large load on our infrastructure. You may not disclose or share
your password with any third parties or use your password for any unauthorized
purpose. The functionality of the Service depends, among other things, on the
availability of internet connectivity, net congestion and other factors. You may not
use any device, software or routine to interfere or attempt to interfere with the
proper working of the Service or any transaction conducted on our site. Blue Coat
makes no warranties or guarantees as to the availability or reliability of the Service
or the information provided to you or to any other user nor makes any commitment to
provide you an on-going operational Service.
4. Registration and Privacy. You must register the Product with Blue Coat as a
condition to your rights to use the Product and access the Service. You will be
prompted to register the Product at the time of your installation or first use of the
Product and prior to any access of the Service, at which time you will be asked to
submit your personal information to Blue Coat. The types of personal information
collected by Blue Coat may include, if applicable: name, address, email address,
company name, company contact name and title, company address, company contact email
address, company telephone and facsimile number, company website URL, service contract
number, service level, product model number, product part number, product serial
number, MAC address, software license key number, purchase order number or sales
order number, and payment details. Blue Coat will primarily use your personal
information to provide you access to the Service and Product functionality (such as
using your email address to send you passwords required to access and use the
Product). Blue Coat may also occasionally use your personal information, such as
your email address, to send you other communications, important product information
and updates. Blue Coat engages other companies and individuals ("agents") to perform
functions on its behalf, such as payment processing, order fulfillment, marketing
assistance and customer service. Blue Coat may share your personal information with
such agents in order to perform these and other functions, but, unless Blue Coat
informs you otherwise, such agents may not use your personal information for other
purposes. In order to function, the Product sends information from your computer to
Blue Coat's Web rating service. When communicating with the Product, the Blue Coat
rating service receives from your computer (i) information identifying your Product
license, (ii) information that relates your Product license to your authorized
computer and (iii) the URLs of the web sites you need rated. The Service logs the
number of web site rating requests made under your Product license in order to
monitor and track fraudulent use of the Blue Coat rating service. However, the
Service does not track which web sites you request to have rated under your Product
license, and the Service does not develop any history of any of your web browsing
activities. Without limiting your agreement to the other terms hereof, by entering
into this Agreement, you expressly agree that Blue Coat may collect, retain and use
the information specified above in the manner specified above. For more information
concerning Blue Coat's privacy procedures, please read the Blue Coat privacy policy
on Blue Coat's web site (www.bluecoat.com).
5. Limitations. You may not: (a) modify, adapt, alter, translate, or create
derivative works of the Product or Service or merge the Product or Service with other
software other than as described in the Product's accompanying documentation or as
approved of in writing by Blue Coat; (b) lease, rent or loan the Product or Service
to any third party; (c) sublicense, distribute or otherwise transfer the Product or
Service or any component thereof to any third party; (d) reverse engineer, decompile,
disassemble, or otherwise attempt to derive the source code of the Product or Service;
(e) remove, alter, or obscure any confidentiality or proprietary notices (including
copyright and trademark notices) of Blue Coat and or its licensors on the Product or
Service; (f) allow third parties to access or use the Product or Service such as in a
time-sharing arrangement or operate the Product or Service as part of a service bureau
or, otherwise for the use or benefit of third parties; (g) reproduce or use the
Product or Service except as expressly authorized hereunder; or (h) disclose or
publish performance benchmark results for the Product or Service. The rights granted
under this Agreement apply only to this Product. You must procure a separate license
to use other Blue Coat software.
6. Protection of your computer. You understand that the Blue Coat Product will
use commercially reasonable efforts to protect the privacy and integrity of your
computer resources. However, you acknowledge and agree that Blue Coat cannot give
any warranties in this respect.
7. Links to Third Party Sites. You may link to third party sites through the
use of the Product and Service. The third party sites are not under the control of
Blue Coat, and Blue Coat is not responsible for the contents of any third party sites,
any links contained in third party sites, or any changes or updates to third party
sites.
8. Services; Updates; Product Changes. Blue Coat is not required under this
Agreement to provide any installation, training or other support services to you.
Such services, if available, must be purchased separately. If, pursuant to a separate
support agreement or otherwise, Blue Coat provides you with a new release, error
correction, update, upgrade or other modification to the Product, such modification
will be deemed part of the Product, and subject to the terms of this Agreement,
unless the modification is expressly provided subject to a separate license agreement.
Blue Coat reserves the right at any time not to release or to discontinue release of
any Product and to alter prices, features, specifications, capabilities, functions,
licensing terms, release dates, general availability or other characteristics of any
future releases of the Product.
9. Limited Warranty. Blue Coat warrants to you, the original purchaser and to
no other party, that any physical media included with the Product, as and when
provided to you, will be free of physical defects in materials and workmanship for a
period of ninety (90) days. Your exclusive remedy and Blue Coat's sole liability for
breach of this warranty is that Blue Coat will replace any defective media returned
to Blue Coat within the ninety (90) day warranty period. This warranty does not apply
to damages resulting from misuse, abuse or neglect. Any replacement media will be
warranted as above for the remainder of the original warranty period or twenty (20)
days from the date we ship it to you, whichever is longer.
10. Warranty Disclaimer. EXCEPT FOR THIS EXPRESS LIMITED WARRANTY, THE PRODUCT
IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. BLUE COAT AND ITS LICENSORS
HEREBY EXCLUDE AND DISCLAIM ALL IMPLIED OR STATUTORY WARRANTIES, INCLUDING ANY
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY,
NON-INFRINGMENT, TITLE, RESULTS, EFFORTS, OR QUIET ENJOYMENT. THERE IS NO WARRANTY
THAT THE PRODUCT WILL FUNCTION WITHOUT LOSS OR ALTERATION OF DATA. THERE IS NO
WARRANTY THAT THE PRODUCT WILL BE ERROR-FREE OR WILL FUNCTION WITHOUT INTERRUPTION.
TO THE EXTENT THAT BLUE COAT MAY NOT DISCLAIM ANY WARRANTY AS A MATTER OF APPLICABLE
LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH
LAW.
11. Confidentiality. The Product (including its underlying source code), The
Service (and the database of URLs related to the Service) and the terms of this
Agreement contain confidential information of Blue Coat. You agree to hold this
information in confidence, not disclose it to any person (other than your employees
and individual contractors who use the Product and who have agreed to keep confidential
any of Blue Coat's confidential information that you provide to them), and not use it
for any purpose other than the use and operation of the Product as permitted under
this Agreement. These restrictions do not apply to any information which is or becomes
(through no fault of yours) publicly available. If you are required by law or order
of a court or other government authority to disclose Blue Coat's confidential
information, then you will immediately notify Blue Coat as soon as possible, but in
any event prior to the disclosure, and will cooperate with Blue Coat, at its expense
and request, in any lawful action to contest or limit the scope of such required
disclosure.
12. LIMITATION OF LIABILITY. IN NO EVENT WILL BLUE COAT AND ITS LICENSORS BE LIABLE
TO ANY PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR
PUNITIVE DAMAGES, INCLUDING ANY LOSS OF PROFIT, REVENUE, BUSINESS OPPORTUNITY OR DATA,
ARISING FROM OR RELATING TO THIS LICENSE OR THE PRODUCT, WHETHER IN CONtrACT, IN TORT
OR OTHERWISE, EVEN IF BLUE COAT AND ITS LICENSORS KNEW, SHOULD HAVE KNOWN OR HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BLUE COAT'S AND ITS LICENSORS' TOTAL
CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT OR THE PRODUCT, WHETHER
IN CONtrACT, IN TORT OR OTHERWISE, WILL NOT EXCEED THE FEES ACTUALLY PAID BY YOU UNDER
THIS LICENSE. THIS SECTION 12 WILL APPLY EVEN IF AN EXCLUSIVE REMEDY HEREUNDER HAS
FAILED OF ITS ESSENTIAL PURPOSE.
13. Termination. Without prejudice to any other rights, Blue Coat may cancel
this Agreement if you do not abide by the terms and conditions of this Agreement, in
which case you must destroy all copies of the Product and discontinue access of the
Service.
14. Export Restrictions. You acknowledge that the Product is of U.S. origin
and subject to U.S. export jurisdiction. You agree to comply with all applicable
international and national laws that apply to the Product, including the U.S. Export
Administration Regulations, as well as end-user, end-use, and destination restrictions
issued by U.S. and other governments.
15. Restricted Rights Legend. Any software which is provided for or on behalf
of the United States of America, its agencies and/or instrumentalities ("U.S.
Government"), is provided with Restricted Rights. Use, duplication, or disclosure by
the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii)
of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or
subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights
at 48 CFR 52.227-19, as applicable. Manufacturer is Blue Coat Systems, Inc., 420 North
Mary Ave, Sunnyvale, CA 94085.
16. Canadian Transactions. If you are subject to Canadian law, you agree to
the following:
The parties hereto have expressly required that the present License and its Exhibits
be drawn up in the English language. / Les parties aux presentes ont expressement
exige que la presente Convention et ses Annexes soient redigees en langue anglaise.
17. Governing Law; Venue and Jurisdiction. This Agreement will be governed by
and construed in accordance with the laws of the United States and the State of
California, without giving effect to any conflicts or choice of laws principles that
would require the application of the laws of a different jurisdiction. The parties
expressly exclude the application of the 1980 United Nations Convention on the
International Sale of Goods (if applicable). Subject only to the provisions of Section
19, any legal action, suit or proceeding arising out of or relating to this Agreement
must be instituted exclusively in a court of competent jurisdiction, federal or state,
located within the State of California, and in no other venue. Each party further
irrevocably consents to personal jurisdiction and venue in, and agrees to service of
process issued or authorized by, any such court.
18. Severability. If any provision of this Agreement is held to be illegal,
invalid or unenforceable for any reason, then such provision will be enforced to the
maximum extent permissible and the remainder of the provisions of this Agreement will
remain in full force and effect.
19. Equitable Relief. The parties acknowledge and agree that it is impossible
to measure in money the damages that will accrue to Blue Coat by reason of your breach
of this Agreement and that such a breach will cause irreparable harm to Blue Coat. In
addition to any other right or remedy available at law or in equity Blue Coat will be
entitled to specific performance or injunctive relief to enforce or prevent any breach
of confidentiality or any breach of any license granted hereunder without posting a
bond or other security, and may apply to any court of competent jurisdiction for such
relief notwithstanding the provisions of Section 17.
20. Attorneys' Fees. In any action, suit or proceeding arising out of or
relating to this Agreement, Blue Coat, if it is the prevailing party, will be entitled
to recover from you its reasonable attorneys' fees and expenses in addition to any
other relief that may be awarded.
21. Assignment. You may not assign this Agreement or assign any of your rights
or delegate any of your obligations under this Agreement, by operation of law or
otherwise (including by merger, sale of assets or consolidation), without Blue Coat's
prior written consent, which may be granted, conditioned or withheld in Blue Coat's
sole discretion. Any attempted assignment by you in violation of this Section 21 will
be void and will constitute a material breach of this Agreement. Notwithstanding the
foregoing, Blue Coat may assign this Agreement at any time in its sole discretion.
Subject to the foregoing, this Agreement will be binding upon and will inure to the
benefit of the parties and their respective successors and permitted assigns.
22. Waiver and Modifications. All waivers must be in writing. Any waiver or
failure to enforce a provision of this Agreement on one occasion shall not be deemed
a waiver of any other provision or such provision on any other occasion. This
Agreement may only be amended by a written document signed by both parties.
23. Entire Agreement. This Agreement constitutes the entire, final and
exclusive agreement between you and Blue Coat regarding the specific license
transaction described herein. No prior agreements, understandings, statements,
proposals or representations, written or oral, apply. No written or oral statement,
advertisement or product description not expressly contained in this Agreement can be
used to alter or supplement its terms. You may not rely on any representations or
statements not contained in this Agreement. Headings in this Agreement are for
reference only and have no effect on any provision's meaning.
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ABOUT K9
