These SYMANTEC ONLINE SERVICES TRIAL TERMS AND CONDITIONS are entered into as of the Effective Date specified in the Trial Confirmation and are made by and between the Symantec entity issuing
the Trial Confirmation (“Symantec”) and the end user of the Online Services (“Customer”, “You” or “Your”)
together, the “Parties.” This “Agreement” means collectively these Online Services Terms and Conditions, as well as the specific Service Description for each Online Service.
The Parties agree as follows:
1. DEFINITIONS. Capitalized terms shall have the meanings set forth below.
a) “Customer Content” means, any information provided by You to use the Online Service including,
but not limited to, Network Data.
b) “Meter” means the applicable unit(s) of measurement by which Symantec measures use of an
Online Service.
c) “Network Data” means data that Symantec or its Affiliates process, collect, retain and use in order
to configure the Online Services, to provide the Online Services, and/or in connection with Your
use of the Online Services, including but not limited to time of transaction, User IP address,
username, URL, URL category, status (success or error), file type, filter result (allowed or denied),
virus ID, and other metadata (e.g. browser software used), and any other network traffic (and
related data related) sent to or received from Customer through use of the Online Services, in detail
and/or in an aggregated form.
d) “Trial Confirmation” means the electronically-generated or manual confirmation to confirm an
approved request for the applicable Online Services for trial use.
e) “Online Service(s)” means any Symantec branded solution delivered over the Internet and/or
hosted or managed by Symantec, or its Affiliate, and made available via a network, including any
“Service Component(s)” which means certain enabling software, hardware peripherals and
associated documentation which may be separately provided by Symantec as an incidental part of
an Online Service.
f) “Personal Data” means the personal data as defined by applicable privacy or data protection
legislation and in particular the EU Data Protection Legislation, contained in the Customer Content
or the Network Data, or otherwise provided to Symantec by or collected from You, in connection
with Symantec’s provision and Your use of the Online Services.
g) “Service Description” means Symantec’s published description of an Online Service’s features,
including, but not limited to, any service-specific additional terms and requirements, and any
accompanying service level agreements (“SLA”).
h) “Trial Term” means the period of time, beginning on the date indicated in the Trial Confirmation,
for which use of the Online Service is valid, as defined in each Trial Confirmation.
2. USE OF ONLINE SERVICES.
a) Initial Account and Service Set-Up. You must provide Symantec with all reasonably necessary
Customer Content to allow Symantec to provision and deliver each Online Service during the Trial Term.
b) Use of Online Services. You are permitted to use the Online Service during the Trial Term i) to
evaluate the Online Service for Your internal business purpose, ii) up to the Meter amount identified in the 
Symantec Online Services Trial Terms and Conditions (Nov18)
Trial Confirmation, iii) only for lawful business purposes and in compliance with applicable laws, and iv) in
accordance with any use limitations defined in the applicable Service Description, provided, however, that
the Online Service support terms, service levels, and the issuance of service credits are not applicable to
this Agreement. During the Trial Term, You are solely responsible for your own commercial Information
Technology (IT) lifecycle practices including backup of data, network redundancy, storage and all other
necessary IT operations to maintain and operate your business. Use other than as specified in this Section
2(b) is strictly prohibited.
If You do not comply with these requirements, Symantec reserves the right to immediately suspend all or
part of the Online Service during such non-compliance, without compensation to You of any kind.
c) Use by Third Parties. You are permitted to use the Online Services through third-party
consultants, provided such parties are under written obligation to comply with this Agreement, and You
assume full responsibility for their actions in connection with such use.
d) Customer Configurations. The Online Services do not include Your configurations, nor policies
and procedures implemented and set by You that are available through the Online Services. You
acknowledge and agree that You are solely responsible for selecting Your configurations and assuring that
the selection conforms to Your policies and procedures and complies with all applicable laws and
regulations in jurisdictions in which You are accessing the Online Service.
e) Support. Technical Support is not available during the Trial Period and any SLA or remedy
contained in a Service Description shall not apply.
3. TERM; TERMINATION.
a) Term. These Online Services Trial Terms and Conditions apply for the Trial Term and are effective
upon the date of acceptance or Your use of the Online Services, whichever occurs first. The Trial Term will
continue for the time specified by Symantec, but not to exceed sixty (60) days.
b) Termination. You may cancel the Trial Term upon three (3) days’ written notice to the other Party,
email being a sufficient writing. Symantec shall, in its sole discretion, be entitled to decline or discontinue
the provision of the Online Services and terminate the trial with immediate effect.
c) Effect of Expiration or Termination. Upon expiration or termination of the Trial Term, You must
cease all use of the Online Service. After the Trial Term expires, You may request to continue to receive
the Online Service only upon entering into a separate agreement and paying the applicable fees. Subject
always to Symantec’s obligations in Sections 7 (Confidentiality) and 8 (Personal Data Protection), You
agree that Symantec is not obligated to return any Customer Content to You upon expiration or termination
of the Trial Term or this Agreement.
4. NO FEES. The Trial Term is being provided to You at no cost.
5. DISCLAIMER OR WARRANTIES. YOU AGREE THAT SYMANTEC SHALL PROVIDE THE ONLINE
SERVICES ON AN “AS-IS” BASIS AND THAT THE WARRANTIES SET FORTH IN THIS SECTION ARE
EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS WHETHER EXPRESS OR
IMPLIED CONCERNING THE ONLINE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. SYMANTEC DOES
NOT WARRANT THAT THE ONLINE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT USE
OF THE ONLINE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
6. INTELLECTUAL PROPERTY. You acknowledge that, while performing the Services, Symantec may
use software and related processes, instructions, methods, and techniques that have been previously
developed by Symantec Corporation and/or its licensors, and that the same shall remain the sole and
exclusive property of Symantec Corporation and/or its licensors.
Symantec Online Services Trial Terms and Conditions (Nov18)
7. CONFIDENTIALITY. “Confidential Information” means, for purposes of this Agreement, the non-public
information provided by a Party (“Discloser”) to the other Party (“Recipient”) related to the business
opportunities between the Parties, provided that such information is: (1) identified as confidential at the time
of disclosure by the Discloser, or (2) if the initial disclosure is not in written or other tangible form, the
Confidential Information will be so identified at the time of disclosure and reduced to written or other tangible
form, appropriately marked and submitted by the Discloser to the Recipient as soon as reasonably
practicable thereafter, but no later than thirty (30) days after disclosure. Confidential Information of
Symantec shall include product architecture, product research and development plans, non-public financial
data and roadmaps, whether marked as confidential or not. A Recipient may use the Confidential
Information that it receives from the Discloser solely for the purpose of performing activities contemplated
under this Agreement. For a period of five (5) years following the applicable date of disclosure of any
Confidential Information, a Recipient will not disclose the Confidential Information to any third party. A
Recipient will protect it by using the same degree of care, but no less than a reasonable degree of care, to
prevent the unauthorized use, dissemination or publication as the Recipient uses to protect its own
confidential information of a like nature. The Recipient may disclose the Confidential Information to its
affiliates, agents and subcontractors with a need to know in order to fulfill the purpose of this Agreement,
under a nondisclosure agreement at least as protective of the Discloser’s rights as this Agreement. This
Section 7 imposes no obligation upon a Recipient with respect to Confidential Information which: (i) is or
becomes public knowledge other than by breach of this Agreement; (ii) was in the Recipient’s possession
before receipt from the Discloser and was not subject to a duty of confidentiality; (iii) is rightfully received
by the Recipient without any duty of confidentiality; (iv) is disclosed generally to a third party by the Discloser
without a duty of confidentiality on the third party; or (v) is independently developed by the Recipient without
use of the Confidential Information. The Recipient may disclose the Discloser's Confidential Information as
required by law or court order provided: (1) the Recipient promptly notifies the Discloser in writing of the
requirement for disclosure, if legally permissible; and (2) discloses only as much of the Confidential
Information as is required. Each party will retain all rig