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					                             Policy Document - External
                                                 Global




                    License Assignment Policy - External




Document Purpose


The purpose of this document is to provide Channel partners and customers an external version of the
License Assignment Policy. It provides guidelines for assigning licenses to another company or corporate
structure due to a merger or acquisition, Name Change, or Divestiture (the sale/spin off of a business unit
of the customer that creates a new and distinct business entity).

The policy applies to all Symantec software licensed to end users and defines those situations in which
the assignment of Symantec software licenses to third parties is, or may be permitted by Symantec.

Note: Symantec reserves the right to modify and update the License Assignment Policy – External at its
discretion. The most current version of the policy supersedes all prior versions. If there is a conflict
between the terms of the License Assignment Policy and the written license agreement between
Symantec and the customer, the terms of the license agreement shall govern. Please contact your
Symantec Sales rep for the most current version of the policy. Partners may access the most current
version on PartnerNet.




67a0e0fb-6fbf-4678-b534-31dc97c6b6b2.doc                                                           Rev. 1
Last Updated: October 29, 2008   Symantec Confidential                                         Page 1 of 4
Table of Contents
Table of Contents .......................................................................................................................................... 2
Policy ............................................................................................................................................................. 2
  License Assignments Covered under this Policy ...................................................................................... 2
     Mergers & Acquisitions (M&A) and Name Changes due to M&A: ......................................................... 2
     Divestitures: ........................................................................................................................................... 3
     Bankruptcies: ......................................................................................................................................... 3
     Government System Integrator Assignments to Government Agencies (U.S. or Foreign): .................. 3
  Policy Execution: ....................................................................................................................................... 3
  Not Covered under License Assignment Policy ........................................................................................ 4
     Partial Asset Sale................................................................................................................................... 4
     Auction and Liquidation Sale ................................................................................................................. 4
     Managed Care Service Provider ............................................................................................................ 4
     Site License ........................................................................................................................................... 4
     Intra-Company License Relocations ...................................................................................................... 4




Policy
           MAINTENANCE/SUPPORT: Active Maintenance/Support is not required for software licenses to be
            assignable. The remainder of any existing Maintenance/Support subscription will be assigned along with the
            licenses to which it is applicable.

           BUSINESS CRITICAL SUPPORT (“BCS”): Business Critical Support is not assignable along with software
            licenses covered under that BCS contract. Under certain conditions, Symantec in its discretion may allow a
            BCS contract to be assigned to a third party.. Symantec Support Services must approve the assignment of
            any BCS terms in place with a Customer requesting such assignment. For details on the appropriate
            Support Service representative see the section below titled: WHAT IF THERE IS A BUSINESS ISSUE WITH
            THE ASSIGNMENT? TO WHOM ARE THOSE ISSUES ADDRESSED


           ASSIGNMENT OF SOFTWARE LICENSE AGREEMENTS: Assignment of software licenses does not
            automatically trigger the assignment of a customer’s enterprise or other similar overarching license
            agreement(s) with Symantec. Only Symantec standard end user license terms are normally assigned in a
            simple license assignment. That is a separate transaction that must be processed through the Legal
            department subject to regional Sales Vice President management approval.



License Assignments Covered under this Policy
Mergers & Acquisitions (M&A) and Name Changes due to M&A:
                  Required Documentation: Customer must submit a LAR signed by an authorized signatory of the
                   Customer submitting the LAR; or the Customer may request the name change due to M&A in a letter on
                   its company’s letterhead, signed by an authorized signatory, stating that the merger and/or acquisition
                   has occurred; or by submitting an other proof acceptable to Symantec evidencing that M&A has
                   occurred such as press release.
                  Relocation Fees: If the License Assignment Request to assign Symantec software licenses involves a
                   cross territory assignment from one country or geographic region to another higher priced region, uplift
                   fees will generally be assessed on both the software licenses and related Maintenance/Support



67a0e0fb-6fbf-4678-b534-31dc97c6b6b2.doc                                                                                                                Rev. 1
Last Updated: October 29, 2008   Symantec Confidential                                                                                              Page 2 of 4
Divestitures:
              Required Documentation: Completed LAR form.
              Relocation Fees: If the License Assignment Request to assign Symantec software licenses involves a
               cross territory assignment from one country or geographic region to another higher priced region, uplift
               fees will generally be assessed on both the software licenses and related Maintenance/Support.

Bankruptcies:
              Generally, an assignment request due to a bankruptcy is not permissible. U.S. Legal will work with the
               Sales representative and Sales management as required during the bankruptcy proceeding to
               determine whether or not the licenses may be assigned.

Government System Integrator Assignments to Government Agencies (U.S. or
Foreign):
              Required Documentation:
                  o IF THE LICENSES ARE TO BE ISSUED AT THE OUTSET UNDER THE RESPECTIVE
                       GOVERNMENT AGENCY’S NAME? A statement in the purchase order at time of purchase,
                       or a written, signed statement by the system integrator that the Symantec software licenses
                       are being acquired, and that they should be issued under the name of, the designated
                       government agency at the time the order is placed and received. The statement must include
                       the contact information, agency name and location of the government agency to which the
                       software licenses will be issued and there must be an assignment provision in a contract or
                       license agreement with the government SI describing this right to assign.
                  o IF THE LICENSES WERE INITIALLY ISSUED UNDER THE SI’S NAME AND NOW NEED TO
                       BE TRANSFERRED TO THE GOVERNMENT AGENCY’S NAME? Provided that the SI’s
                       license agreement with Symantec contains an assignment provision describing the right to
                       assign, the SI need only complete a LAR to assign the licenses over to the government agency
                       for which such licenses were intended to be purchased. However, where the Symantec license
                       agreement includes a provision describing the license assignment, and the license
                       attachments clearly identify with adequate specificity which licenses (product, tier, version,
                       quantity, etc.) were purchased for which government agency, the license agreement provides
                       adequate information to permit the assignment without the requirement of a LAR. However, a
                       LAR is recommended to avoid future controversy



Policy Execution:
         Customer notifies Sales Rep of desire to assign all or a portion of their licenses, Maintenance/Support, and
          Renewals to another company or corporate structure
         Sales Rep provides License Assignment Request form ("LAR") to Customer which must be fully completed,
          signed by an authorized signatory of the Customer. It should include the Customer's company name and full
          contact details (i.e. email address, telephone numbers, facsimile, etc.
NOTE: Sales Rep can pull an Install Base Report ("IBR") to assist the Customer in completing the LAR to ensure its
accuracy.
Time saving tip: Attach an IBR (if all the licenses on the IBR are not requested to be assigned - then simply highlight
the ones requested to be assigned) to the LAR form, rather then retype the information from the IBR into the LAR
form
Sales Rep sends completed LAR to CIA as per below:
        -Americas at: http://symantec.custhelp.com/ (see submit License Ownership Transfer)
        -EMEA at: emea_customercare@symantec.com
        -APAC at: apac_cia@symantec.com


67a0e0fb-6fbf-4678-b534-31dc97c6b6b2.doc                                                                      Rev. 1
Last Updated: October 29, 2008   Symantec Confidential                                                    Page 3 of 4
        -Japan at: japan_cia@symantec.com
         If the Assignment involves a cross territory assignment from one country or geographic region to another
          higher priced region, relocation fees may be assessed
 *To process fee calculation, e-mail completed LAR form and License Relocation Calculator to
License_Assignment.Transfer.Relocation@symantec.com (Customer's name should be included in subject line of the
e-mail)
 *Regional Legal counsel will assist in reviewing applicable local law and documenting the transaction for the fee



Not Covered under License Assignment Policy
Partial Asset Sale
             Partial Asset Sales resemble Liquidation Sales (See below) but most frequently occur when a business
              begins selling off computer assets on which Symantec software licenses are installed, including any
              bulk transfer.

Auction and Liquidation Sale
             An Auction is a situation in which a party in possession of Symantec software licenses attempts to sell
              those software licenses through an on-line or live auction (example, eBay).
             A Liquidation Sale (see also Partial Asset Sales above) is an attempt by a Symantec Customer to sell
              off individual assets, which may include installed or un-deployed Symantec software licenses.

Managed Care Service Provider
             All instances involving requests by a Managed Care Service Provider to redeploy use of Symantec
              software licenses from one of its hosting service customers to another hosting service customer, or to
              assign the ownership of software licenses to a hosting service customer or to a separate business entity
              (normally a third party managed care service provider), must be reviewed by the business team and
              Legal.

Site License
             Symantec software licenses acquired by a Customer under any site license as well as the related
              Maintenance/Support are NOT assignable under any circumstances during the Customer’s deployment
              period. After the deployment period, a request to assign software licenses will be dealt with under the
              terms of the applicable Customer agreement, or in the absence of such agreement, with this Policy.

Intra-Company License Relocations
             Software license relocations between two Affiliates (as that term is defined in Intra-Company License
              Relocation Policy) within the same business entity, either within a region, or between geographical
              regions including country to country, are addressed in the policy entitled Intra-Company License
              Relocation Policy which can be found on PartnerNet. This Policy does not modify or otherwise affect the
              Intra-company License Relocation Policy.




67a0e0fb-6fbf-4678-b534-31dc97c6b6b2.doc                                                                     Rev. 1
Last Updated: October 29, 2008   Symantec Confidential                                                   Page 4 of 4

				
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