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THIS PAGE INCLUDES THREE SEPARATE END USER LICENSE AGREEMENTS FROM THE

FOLLOWING COMPANIES:
MICROSOFT CORPORATION

HEWLETT-PACKARD COMPANY
MCAFEE, INC., MCAFEE SECURITY S.A.R.L. AND MCAFEE CO. LTD.
PLEASE SCROLL DOWN TO REVIEW THE AGREEMENTS.

___START OF HEWLETT-PACKARD COMPANY END USER LICENSE


AGREEMENT___
End-User License Agreement
READ CAREFULLY BEFORE USING THIS EQUIPMENT.
This End-User license Agreement ("EULA") is a legal agreement between
(a) you (either an individual or a single entity) and (b) Hewlett-Packard Company
("HP") that governs your use of any Software Product, installed on or made available
by HP for use with your HP product ("HP Product"), that is not otherwise subject to a
separate license agreement between you and HP or its suppliers. Other software
may contain a EULA in its online documentation. The term "Software Product" means
computer software and may include associated media, printed materials and "online"
or electronic documentation.
An amendment or addendum to this EULA may accompany the HP Product.
RIGHTS IN THE SOFTWARE PRODUCT ARE OFFERED ONLY ON THE CONDITION THAT
YOU AGREE TO ALL TERMS AND CONDITIONS OF THIS EULA. BY INSTALLING,
COPYING, DOWNLOADING, OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU
AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT ACCEPT THESE
LICENSE TERMS, YOUR SOLE REMEDY IS TO RETURN THE ENTIRE UNUSED PRODUCT
(HARDWARE AND SOFTWARE) WITHIN 14 DAYS FOR A REFUND SUBJECT TO THE
REFUND POLICY OF YOUR PLACE OF PURCHASE.
1. GRANT OF LICENSE. HP grants you the following rights provided you comply with
all terms and conditions of this EULA:
a. Use. You may use the Software Product on a single computer ("Your Computer"). If
the Software Product is provided to you via the internet and was originally licensed
for use on more than one computer, you may install and use the Software Product
only on those computers. You may not separate component parts of the Software
Product for use on more than one computer. You do not have the right to distribute
the Software Product. You may load the Software Product into Your Computer's
temporary memory (RAM) for purposes of using the Software Product.
b. Storage. You may copy the Software Product into the local memory or storage
device of the HP Product.
c. Copying. You may make archival or back-up copies of the Software Product,
provided the copy contains all of the original Software Product's proprietary notices
and that it is used only for back-up purposes.
d. Reservation of Rights. HP and its suppliers reserve all rights not expressly granted
to you in this EULA.
e. Freeware. Notwithstanding the terms and conditions of this EULA, all or any
portion of the Software Product which constitutes non-proprietary HP software or
software provided under public license by third parties ("Freeware"), is licensed to
you subject to the terms and conditions of the software license agreement
accompanying such Freeware whether in the form of a discrete agreement, shrink
wrap license or electronic license terms accepted at time of download. Use of the
Freeware by you shall be governed entirely by the terms and conditions of such

license.
f. Recovery Solution. Any software recovery solution provided with/for your HP
Product, whether in the form of a hard disk drive-based solution, an external mediabased recovery solution (e.g. floppy disk, CD or DVD) or an equivalent solution
delivered in any other form, may only be used for restoring the hard disk of the HP
Product with/for which the recovery solution was originally purchased. The use of any
Microsoft operating system software contained in such recovery solution shall be
governed by the Microsoft License Agreement.
2. UPGRADES. To use a Software Product identified as an upgrade, you must first be
licensed for the original Software Product identified by HP as eligible for the upgrade.
After upgrading, you may no longer use the original Software Product that formed the
basis for your upgrade eligibility. By using the Software Product, you also agree that
HP may automatically access your HP Product when connected to the internet to
check the version or status of certain Software Products and may automatically
download and install upgrades or updates to such Software Products on to your HP
Product to provide new versions or updates required to maintain the functionality,
performance, or security of the HP Software and your HP Product and facilitate the
provision of support or other services provided to you. In certain cases, and
depending on the type of upgrade or update, notifications will be provided to you (via
pop-up or other means), which may require you to initiate the upgrade or update.
3. ADDITIONAL SOFTWARE. This EULA applies to updates or supplements to the
original Software Product provided by HP unless HP provides other terms along with
the update or supplement. In case of a conflict between such terms, the other terms
will prevail.
4. TRANSFER.
a. Third Party. The initial user of the Software Product may make a one-time transfer
of the Software Product to another end user. Any transfer must include all
component parts, media, printed materials, this EULA, and if applicable, the
Certificate of Authenticity. The transfer may not be an indirect transfer, such as a
consignment. Prior to the transfer, the end user receiving the transferred product
must agree to all the EULA terms. Upon transfer of the Software Product, your
license is automatically terminated.
b. Restrictions. You may not rent, lease or lend the Software Product or use the
Software Product for commercial timesharing or bureau use. You may not sublicense,
assign or transfer the license or Software Product except as expressly provided in this
EULA.
5. PROPRIETARY RIGHTS. All intellectual property rights in the Software Product and
user documentation are owned by HP or its suppliers and are protected by law,
including but not limited to United States copyright, trade secret, and trademark law,
as well as other applicable laws and international treaty provisions. You shall not
remove any product identification, copyright notices or proprietary restrictions from
the Software Product.
6. LIMITATION ON REVERSE ENGINEERING. You may not reverse engineer, decompile,
or disassemble the Software Product, except and only to the extent that the right to
do so is mandated under applicable law notwithstanding this limitation or it is
expressly provided for in this EULA.
7. TERM. This EULA is effective unless terminated or rejected. This EULA will also
terminate upon conditions set forth elsewhere in this EULA or if you fail to comply
with any term or condition of this EULA.
8. CONSENT TO COLLECTION/USE OF DATA.
a. HP will use cookies and other web technology tools to collect anonymous technical
information related to HP Software and your HP Product. This data will be used to
provide the upgrades and related support or other services described in Section 2. HP
will also collect personal information including your Internet Protocol address or other
unique identifier information associated with your HP Product and data provided by

you on registration of your HP Product. As well as providing the upgrades and related
support or other services, this data will be used for sending marketing
communications to you (in each case with your express consent where required by
applicable law).
To the extent permitted by applicable law, by accepting these terms and conditions
you consent to the collection and use of anonymous and personal data by HP, its
subsidiaries, and affiliates as described in this EULA and as further described in HPs
privacy policy http://www8.hp.com/us/en/privacy/privacy.html?

jumpid=reg_r1002_usen_c-001_title_r0001
b. Collection/Use by Third Parties. Certain software programs included in your HP
Product are provided and separately licensed to you by third party providers (Third
Party Software). Third Party Software may be installed and operational on your HP
Product even if you choose not to activate/purchase such software. Third Party
Software may collect and transmit technical information about your system (i.e., IP
address, unique device identifier, software version installed, etc.) and other system
data. This information is used by the third party to identify technical system
attributes and ensure that the most current version of the software has been installed
on your system. If you do not want the Third Party Software to collect this technical
information or automatically send you version updates, you should uninstall the
software prior to connecting to the Internet.
9. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, HP AND ITS SUPPLIERS PROVIDE THE SOFTWARE PRODUCT AS IS
AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES,
GUARANTEES, AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT,
ANY IMPLIED WARRANTIES, DUTIES, GUARANTEES, OR CONDITIONS OF
MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR
PURPOSE, AND OF LACK OF VIRUSES ALL WITH REGARD TO THE SOFTWARE
PRODUCT. Some states/jurisdictions do not allow exclusion of implied warranties or
limitations on the duration of implied warranties, so the above disclaimer may not
apply to you in its entirety.
IN AUSTRALIA AND NEW ZEALAND, THE SOFTWARE COMES WITH GUARANTEES THAT
CANNOT BE EXCLUDED UNDER AUSTRALIAN AND NEW ZEALAND CONSUMER LAWS.
AUSTRALIAN CONSUMERS ARE ENTITLED TO A REPLACEMENT OR A REFUND FOR A
MAJOR FAILURE AND COMPENSATION FOR OTHER REASONABLY FORESEEABLE LOSS
OR DAMAGE. AUSTRALIAN CONSUMERS ARE ALSO ENTITLED TO HAVE THE
SOFTWARE REPAIRED OR REPLACED IF IT FAILS TO BE OF ACCEPTABLE QUALITY AND
THE FAILURE DOES NOT AMOUNT TO A MAJOR FAILURE. NEW ZEALAND CONSUMERS
WHO ARE PURCHASING GOODS FOR PERSONAL, DOMESTIC OR HOUSEHOLD USE OR
CONSUMPTION AND NOT FOR THE PURPOSE OF A BUSINESS (NEW ZEALAND
CONSUMERS) ARE ENTITLED TO REPAIR, REPLACEMENT OR REFUND FOR A FAILURE
AND COMPENSATION FOR OTHER REASONABLY FORESEEABLE LOSS OR DAMAGE.

10. LIMITATION OF LIABILITY. Subject to local law, notwithstanding any damages that
you might incur, the entire liability of HP and any of its suppliers under any provision
of this EULA and your exclusive remedy for all of the foregoing shall be limited to the
greater of the amount actually paid by you separately for the Software Product or
U.S. $5.00. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL HP OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR
BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING
OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE
SOFTWARE PRODUCT, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS
EULA, EVEN IF HP OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some
states/jurisdictions do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation or exclusion may not apply to you.
11. U.S. GOVERNMENT CUSTOMERS. Consistent with FAR 12.211 and 12.212,
Commercial Computer Software, Computer Software Documentation, and Technical
Data for Commercial Items are licensed to the U.S. Government under HP's standard
commercial license.
12. COMPLIANCE WITH EXPORT LAWS. You shall comply with all laws and regulations
of the United States and other countries ("Export Laws") to assure that the Software
Product is not (1) exported, directly or indirectly, in violation of Export Laws, or (2)
used for any purpose prohibited by Export Laws, including, without limitation,
nuclear, chemical, or biological weapons proliferation.
13. CAPACITY AND AUTHORITY TO CONTRACT. You represent that you are of the legal
age of majority in your state of residence and, if applicable, you are duly authorized
by your employer to enter into this contract.
14. APPLICABLE LAW. This EULA is governed by the laws of the country in which the
equipment was purchased.
15. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this
EULA which is included with the HP Product) is the entire agreement between you
and HP relating to the Software Product and it supersedes all prior or
contemporaneous oral or written communications, proposals and representations
with respect to the Software Product or any other subject matter covered by this
EULA. To the extent the terms of any HP policies or programs for support services
conflict with the terms of this EULA, the terms of this EULA shall control.
Copyright 2013 Hewlett-Packard Development Company, L.P. The information
contained herein is subject to change without notice. All other product names
mentioned herein may be trademarks of their respective companies. To the extent
permitted by applicable law, the only warranties for HP products and services are set
forth in the express warranty statements accompanying such products and services.
Nothing herein should be construed as constituting an additional warranty. To the
extent permitted by applicable law, HP shall not be liable for technical or editorial
errors or omissions contained herein.
Second Edition: December 2013
First Edition: September 2011
___END OF HEWLETT-PACKARD COMPANY END USER LICENSE
AGREEMENT___
___START OF MCAFEE, INC., MCAFEE SECURITY S.A.R.L. AND MCAFEE CO.

LTD. END USER LICENSE AGREEMENT__

McAfee Consumer Products End User License Agreement


NOTICE TO ALL USERS: If you are an individual, you must be at least
18 years old or have attained the age of majority in the state,
province, or country where you live to enter into this agreement. If
you are acquiring the Software on behalf of an entity, you must be
properly authorized to represent that entity and to accept this
agreement on its behalf.
Please read this agreement carefully. We, us, and our mean
McAfee. You means you and others you have authorized to use the
Software or Services on your account. By clicking the Accept
button or installing the Software, you accept the terms of this
agreement and understand that it is enforceable as a written
contract signed by you. IF YOU DONT ACCEPT THE TERMS, CLICK ON THE
DO NOT ACCEPT BUTTON AND DO NOT INSTALL THE SOFTWARE. IF YOU DONT
ACCEPT THE TERMS AND YOU BOUGHT THE SOFTWARE ON A CD-ROM OR OTHER
TANGIBLE MEDIUM WITHOUT THE CHANCE TO REVIEW THIS LICENSE, WE WILL
REFUND THE AMOUNT YOU ORIGINALLY PAID IF YOU: (1) DO NOT COMPLETE
INSTALLATION OF THE SOFTWARE AND DO NOT USE IT, AND (2) RETURN THE
SOFTWARE TO THE PLACE WHERE YOU BOUGHT IT, WITH PROOF OF PAYMENT,
WITHIN 30 DAYS OF THE PURCHASE DATE.
1. Privacy and Collection of System and Personal Information.
1.1
Personal-Data Collection and Processing. We may collect,
retain, and use specific identifiable data about you, your
Computer, and your Computers interactions with other Computers
(e.g., device ID, IP address, location, content, etc.). Some of this
information may be Personally Identifiable Information and may
include sensitive data stored in files on your Computer. Depending
on the Service or Software, some of this data may include voice and
facial image samples you provide to us for biometric authentication
purposes. We also may transfer your Personally Identifiable
Information to our offices in the United States and other countries
where we or our service providers have facilities.
1.2
Purpose of Data Collection and Processing. The data we collect
is used to provide, deliver, and support certain Software or
Services (e.g., Content backup and storage, synchronization, device
tracking, Service improvements, access control, etc.). For these
reasons you may not be able to opt out from some of this information
collection other than by uninstalling the Software or disabling the
Service.
1.3
Agreement to Data Collection and Retention and Processing. By
using the Software and Service and accepting these terms, you agree
to the collection, transfer, backup, and storage of your Personally
Identifiable Information and other data by us and our service
providers. We will not process this information other than in
accordance with our privacy notice. This information is essential to

enable us to improve Service or Software, to provide you with the


Service or Software features you subscribed to, and to provide upto-the-minute threat protection. You also agree that we and our
service providers may copy, backup and store such data (including
Personally Identifiable Information and sensitive data that you made
part of your Content or provided in your account) in the United
States, Europe, or other countries or jurisdictions outside your own
as part of the Service or Software.
1.4
Privacy Notice. By entering into this EULA, you agree that our
privacy notice, as it exists at any relevant time, applies to you.
The most current privacy notice can be found on our website at:
http://home.mcafee.com/Root/AboutUs.aspx?id=privacy.
2. License Grant. We grant you a nonexclusive, nontransferable, nonassignable, revocable license to install and use the Software
delivered to you and to access and use the applicable Services
subject to the terms of this Consumer Products End User License
Agreement (EULA) and any restrictions specified on the Softwares
packaging or in the Software or Service Documentation. Some thirdparty materials included with the Software may be subject to other
terms and conditions, which are typically found in a Read Me or an
About file accompanying the Software. The Software is licensed to
you, not sold. If you have purchased Services along with the
Software, terms of service in addition to this EULA may apply. You
may not sell, lend, rent, sublicense or in any other way transfer
the Software or Service. The license grant is for the number and
type of operating systems specified in the Documentation only.
If you have purchased a Life of Your (Device) Subscription, the
following limitations also apply to your license:
The McAfee Life of Your (Device) subscription can be applied to a
single Windows PC or Android mobile device (Your Device) if
included in your purchase of Your Device, or on no more than three
of Your Devices if you purchased the McAfee Life of Your (Device)
subscription separately. Once properly installed onto Your Device,
the McAfee Life of Your (Device) subscription will be active for
the remainder of Your Devices useful life, and you are entitled to
English-language telephone and web-based technical support during
normal business hours for one year, and English-language web-based
technical support, as long as the operating system currently
installed on Your Device is not more than two versions older than
the most-current version (for example, Windows 8.x or Android 4.x
, for the industry-standard useful life of Your Device (industry
standard useful life for a PC is 5-7 years, or 3 years for a tablet
or smartphone). The McAfee Life of Your (Device) subscription is
not transferable or movable to any other person, PC, or device in
any event or under any circumstance. If you sell or otherwise
transfer Your Device to another person prior to the end of Your
Devices useful life, your McAfee Life of Your (Device)
subscription will void and terminate, and the subsequent owner of

Your Device will not have the right to install, use, or possess the
McAfee Life of Your (Device) subscription. Any attempt to
transfer, move, or reinstall the McAfee Life of Your (Device)
subscription on another PC or device, or to install the subscription
on more than the original PC or device, or original three PCs or
devices, as applicable, will void and terminate your right to
install, use, or possess the McAfee Life of Your (Device)
subscription. In order to stay current and receive support, you must
update your McAfee Life of Your (Device) software periodically
and upgrade to the latest version of the same McAfee product level
of software. If at any time, you decide to upgrade to a different
McAfee product other than the McAfee Life of Your (Device)
subscription, that product upgrade: (1) will be subject to payment
of that products subscription/license fee; (2) will NOT be a Life
of Your (Device) license; and (3) your subscription and license to
McAfee Life of Your (Device) subscription will automatically
terminate without notice or refund of money previously paid.
3.

Product Changes.

3.1
Updates. This license does not include Updates unless you
bought a Service subscription (or received a free subscription) that
entitles you to Updates as described in the Documentation. After the
specified Service-subscription period ends, you have no further
right to receive any Updates unless you buy a new Service
subscription. If the Software is an Update to a previous version,
you must have a valid license for the previous version in order to
use the Update.
3.2.
Product Life Cycle. From time to time, at our sole
discretion, we may elect to discontinue certain McAfee Software or
Services, or particular features of Software or Services. End of
Support refers to the date when McAfee no longer provides automatic
fixes, updates or technical assistance for particular Software or
Services. If a renewal term for your subscription would expire past
the End of Support, you may not be eligible to renew your
subscription. For more information, please visit the McAfee Product
Life Cycle page: http://home.mcafee.com/Root/Support.aspx?
Page=LifeCycle.
4.

Ownership Rights.

4.1 Protection of Our Rights. The Software is protected by the


United States and other countries copyright laws, international
treaties, and other applicable laws in the country in which the
Software is being used. We and our suppliers own and retain all
right, title, and interest in and to the Software, including all
copyrights, patents, trade secrets, trademarks, and other
intellectual-property rights. EXCEPT AS OTHERWISE PROVIDED BY LAW,
ANYONE WHO REPRODUCES OR DISTRIBUTES THE SOFTWARE WITHOUT OUR
PERMISSION IS SUBJECT TO CIVIL AND CRIMINAL PENALTIES.
4.2 No Transfer of Title. Your possession, installation, or use of

the Software does not transfer to you any title to the intellectual
property in the Software. You will not acquire any rights to the
Software except as expressly stated in this EULA.
4.3 Proprietary Notices. You may not remove any proprietary notices
or labels on the Software or Documentation. Any authorized copy of
the Software or Documentation must contain the same proprietary
notices.
4.4 Feedback. Feedback means any comments, information, opinions,
or suggestions that you provide to us about the Software and
Service. You grant us a perpetual, nonexclusive, royalty-free,
worldwide, irrevocable license to use, copy, distribute, make
derivative works from, display, perform, or incorporate your
Feedback into any McAfee product, and otherwise commercialize the
Feedback at our sole discretion, without compensation to you and
without your approval.
5.

WARRANTY AND DISCLAIMER.

5.1 Limited Warranty. For 30 days after the purchase date, we


warrant that the Software licensed under this EULA (including
Updates provided during the warranty period but only until the
warranty lapses) will perform substantially in accordance with the
Documentation and that any tangible medium (e.g., including CD-ROM,
but excluding Computers or other devices manufactured by other
companies) on which the Software is contained and provided to you
will be free from defects in materials and workmanship. WE DO NOT
WARRANT THAT THE SOFTWARE OR SERVICE WILL BE ERROR-FREE OR FREE FROM
INTERRUPTIONS OR OTHER FAILURES, THAT IT WILL PROTECT YOU AGAINST
ALL POSSIBLE SECURITY THREATS (INCLUDING INTENTIONAL MISCONDUCT BY
THIRD PARTIES), THAT THERE WILL BE NO MALFUNCTIONS OR OTHER ERRORS
IN THE SOFTWARE CAUSED BY VIRUS, INFECTION, WORM OR SIMILAR
MALICIOUS CODE NOT INTRODUCED OR DEVELOPED BY US, OR THAT THE
SOFTWARE OR SERVICE WILL MEET YOUR REQUIREMENTS.

5.2 Exclusive Remedy. Your sole remedy, and our and our suppliers
entire liability, in case of any breach of Section 5.1 (Limited
Warranty) is that we will, at our option:
(A) refund the price you paid for the license; or
(B) replace the defective medium that contains the Software; or
(C) provide an alternative remedy as required by local consumer law
in your jurisdiction.
These remedies may not be available in some countries to the extent
that we are subject to restrictions under applicable export-control
laws and regulations.
For consumers in Australia:
The benefits to you under this
rights and remedies of you may
goods or services to which the
with guarantees that cannot be
Consumer Law. You are entitled

warranty are in addition to other


have under a law in relation to the
warranty relates. Our goods come
excluded under the Australian
to a replacement or refund for a

major failure and compensation for any other reasonably foreseeable


loss or damage. You are also entitled to have the goods repaired or
replaced if the goods fail to be of acceptable quality and the
failure does not amount to a major failure. This warranty is made by
McAfee Security S.a.r.l., with offices located at 26, Boulevard
Royal, 2440 Luxembourg, Luxembourg, but you may call 1800 998 887
with questions regarding our warranty for Australian customers. Any
claims made under this warranty must be sent, at your expense, to
the following address:
Legal Department
McAfee Australia Pty Ltd
Level 20
201 Miller Street
North Sydney NSW 2060
5.3 Defective Media. If the medium is defective, you must return it
at your expense to the place where you bought it and provide a copy
of your receipt. Any replacement medium will be warranted for the
remainder of the original warranty period. For customers located in
Australia, you must return the defective medium to McAfee at your
expense, with a copy of your receipt, within 14 days of discovering
the defect. McAfee will notify you of receipt within 14 days of
receiving it.
5.4 Exclusion of Warranty. This limited warranty does not apply if
the defect resulted from an accident or your abuse or misapplication
of the Software medium.
5.5 DISCLAIMER. THE ABOVE WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES.
THEY REPLACE ALL OTHER WARRANTIES, REPRESENTATIONS, TERMS OR
CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, PERFORMANCE, SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. EXCEPT FOR THE
LIMITED WARRANTY IN SECTION 5.1, THE SOFTWARE IS PROVIDED AS IS. YOU
ARE RESPONSIBLE FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED
RESULTS, FOR INSTALLING AND USING THE SOFTWARE, AND FOR THE RESULTS
OBTAINED. WE DO NOT WARRANT OR GUARANTEE THE SOFTWARES USE OR
PERFORMANCE. WE DO NOT WARRANT OR GUARANTEE THAT THE SOFTWARES
OPERATION WILL BE FAILSAFE, UNINTERRUPTED, OR FREE FROM ERRORS OR
DEFECTS, OR THAT THE SOFTWARE WILL PROTECT AGAINST ALL POSSIBLE
THREATS (INCLUDING INTENTIONAL MISCONDUCT BY THIRD PARTIES), THAT
THERE WILL BE NO MALFUNCTIONS OR OTHER ERRORS IN THE SOFTWARE CAUSED
BY VIRUS, INFECTION, WORM OR SIMILAR MALICIOUS CODE NOT INTRODUCED
OR DEVELOPED BY US. MCAFEE IS NOT LIABLE FOR ANY DOWNTIME OR SERVICE
INTERRUPTION, FOR ANY LOST OR STOLEN DATA OR SYSTEMS, OR FOR ANY
OTHER DAMAGES ARISING OUT OF OR RELATING TO ANY ACTIONS OR
INTRUSIONS. WE DO NOT WARRANT THE SECURITY OF PERSONALLY
IDENTIFIABLE INFORMATION. IF YOU CHOOSE TO UPLOAD A FACIAL IMAGE OR
VOICE SAMPLE, YOU DO SO AT YOUR OWN RISK.
5.6 EXCEPTIONS. THE DISCLAIMERS IN SECTIONS 5.4 AND 5.5 DO NOT APPLY
TO YOU IN A JURISDICTION, INCLUDING AUSTRALIA, THAT DOES NOT ALLOW
THE EXCLUSION OR LIMITATION OF ANY APPLICABLE STATUTORY GUARANTEES,
EXPRESS OR IMPLIED WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS.

IN THAT CASE, THE EXPRESS OR IMPLIED WARRANTIES ARE LIMITED TO THE


MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
6.

LIMITATION OF DAMAGES AND REMEDIES.

6.1 OUR LIABILITY FOR NONDIRECT DAMAGES. UNDER NO CIRCUMSTANCES ARE


WE OR OUR SUPPLIERS LIABLE TO YOU FOR ANY: (A) INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES; (B) THEFT OF PERSONALLY
IDENTIFIABLE INFORMATION OR COST OF PROCURING SUBSTITUTE SOFTWARE OR
SERVICES, AND (C) (EXCEPT FOR CONSUMERS IN AUSTRALIA) DAMAGES FOR
LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF PERSONNEL SALARIES, WORK
STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, OR
NEGLIGENCE OF ANY KIND, OR FOR ANY OTHER NONDIRECT DAMAGE OR LOSS.
6.2 AGGREGATE LIABILITY FOR DIRECT DAMAGES. IN NO EVENT WILL OUR OR
OUR SUPPLIERS AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES UNDER
THIS EULA EXCEED THE PRICE YOU PAID FOR THE APPLICABLE SOFTWARE OR
SERVICES, OR US$ 10 (OR THE EQUIVALENT AMOUNT IN NATIONAL CURRENCY).
6.3
Express Assent to Limitations. The limitation of liability
in this Section 6 recognizes that only end users can implement
backup plans and safeguards appropriate to their own needs to
protect themselves if an error in the Software causes Computer
problems and related data losses. For these reasons, you agree to
the limitations of liability in this Section 6 and acknowledge that
without your agreement to this term, the fee charged for this
Software would be higher.
7. NOTHING IN THIS AGREEMENT LIMITS ANY RIGHTS YOU MAY HAVE UNDER
EXISTING CONSUMER-PROTECTION STATUTES OR OTHER APPLICABLE LAWS,
INCLUDING AUSTRALIAN CONSUMER LAW, THAT MAY NOT BE WAIVED BY
CONTRACT IN YOUR JURISDICTION.
8. Limitations on Use and License Restrictions.
8.1 Limitations on Use. In order to maximize the benefit for all
users and to prevent abuse of the Software or Service, we may, at
our sole discretion, establish policies and procedures to limit or
modify the operation and the availability of the Software or
Service. The Software may contain enforcement technology that limits
the size of content storage, bandwidth consumption, or the number of
Computers on which the Software may be installed.
8.2 License Restrictions. We may terminate this EULA, your account,
and your access to the Software or Service if, in our sole
discretion, we determine that you have done or are attempting to do
any of the following:
(A) reverse-engineer, disassemble, decompile, or otherwise try to
derive source code from the Software or Service, except to the
extent that this restriction is expressly prohibited by applicable
law;
(B) make error corrections to or otherwise adapt or modify the
Software or Service, or to create derivative works based on the
Software or Service;

(C) provide false information or a false facial image or voice


sample to:
(1) set up an account;
(2) attempt to gain unauthorized access to any systems or networks
through hacking, password mining, or any other means; or
(3) use the Service to impersonate any person, business, or entity,
including us or our employees and agents;
(D) use the Software or Service in any way to track or monitor the
location or activities of any individual without the individuals
express consent;
(E) reproduce, duplicate, copy, sell, resell, or exploit for any
commercial purposes the Software or Service or any portion of it,
including any content other than your personal digital content
displayed in connection with the Software or Service;
(F) transmit content that:
(1) is unlawful, threatening, abusive, harassing, defamatory,
libelous, deceptive, fraudulent, invasive of anothers privacy, or
otherwise tortious;
(2) infringes a third partys intellectual property rights;
(3) contains explicit or graphic descriptions or accounts of sexual
acts; or
(4) illegally exploits or solicits personal information from a
minor; or
(5) violates any applicable laws regarding national security or
national secrets or laws relating to politically sensitive
information, social order, public safety or public morality.
(G) victimize, harass, degrade, or intimidate an individual or group
of individuals based on religion, gender, sexual orientation, race,
ethnicity, age, disability, or any other category prohibited by
relevant legislation;
(H) propagate software that contains viruses or any other Computer
code, file, or program that interrupts, destroys, or limits the
functionality of any Computer software or hardware or
telecommunications equipment, or otherwise permits the unauthorized
use of a Computer or Computer network;
(I) encourage conduct that would constitute a criminal offense or
give rise to civil liability;
(J) permit third parties to benefit from the use or functionality of
the Software through a timesharing, service-bureau, or other
arrangement;
(K) rent, lease, license, loan, or assign your rights to the
Software or Service to another party; or
(L) engage in any activity that otherwise interferes with the use
and enjoyment of the Software or Service by others, including:
(1) using the Software or Service in any way that may damage,
disable, overburden, or impair our servers or networks;
(2) gathering personal information about other Service users for any
reason; or
(3) transmitting, directly or indirectly, any unsolicited bulk
communications (including e-mails and instant messages).
8.3 Mobile Devices. If you administer the Service on a mobile device
and you transfer ownership of that device to someone else, you must
ensure that any Software is deleted from that device and that the

device information is removed from your McAfee account.


9. SMS or Data-Service Charges. You are responsible for any charges
incurred with your data- or mobile-service provider for the Service,
including any overage and penalties assessed for exceeding your data
or minute allowance, or use of domestic or international short
message service ("SMS"), through access to and communication with
our servers for Software downloads and Updates, Content storage,
backup, cloud computing, device tracking, locking and wiping, and
collection of device information necessary to provide the Service.
10. System-Requirements Modifications. We may modify system
requirements or the Software or Service at any time. Equipment
necessary to use the Software or Service may include a mobile
device, a GSM mobile connection (supporting SMS and data
connection), a Computer, Internet access, third-party software, and
other equipment or software.
10.1
Equipment Charges. You are responsible for the cost of your
equipment and for ensuring that your equipment meets the system
requirements of the Software or Service, which includes obtaining
updates or upgrades from time to time from your service provider in
order to continue using the Software or Service.
10.2 No Warranty. We do not warrant or guarantee that any particular
mobile device or Computer will be compatible with or function with
the Software or Service, nor do we warrant or accept any liability
for the operation of your personal equipment that is used to access
the Software or Service.
11. Anti-Theft Software. The following provisions apply to AntiTheft Software:
11.1End of Support. All support for Anti-Theft Software will end in
March 2015. McAfee will accept new enrollments until the end of
sale date, January 15, 2014.
For information on your Anti-Theft
subscription, please visit your My Account page at home.mcafee.com,
or visit service.mcafee.com.
11.2
System Requirements. You acknowledge that no system can
guarantee absolute security under all conditions. Use of the AntiTheft Software requires an enabled chipset, BIOS, certain firmware
and software, and a product subscription. Consult us and your system
manufacturer for availability and functionality. For more
information, visit McAfeeAT.intel.com.
11.3Computer Synchronization. You must regularly connect your
enrolled Computer to the Internet so that it can perform
synchronization and location service functions with the products
system server. If you do not regularly synchronize your Computer
online with the products system server, your enrolled Computer may
be locked down. That will require you to use your unlock password to
unlock your Computer. If you forget your user name or password, you
may be unable to use your enrolled Computer. WE ENCOURAGE YOU TO

HAVE AN ALTERNATIVE BACKUP SYSTEM FOR DATA OR FILES ON YOUR ENROLLED


COMPUTER.
11.4Regular Updates. You must install, or permit to be installed,
periodic Software Updates on your enrolled Computer in order to
ensure proper functioning of the Anti-Theft Software.
11.4No Liability.
(A) SUBJECT TO ANY RIGHTS YOU MAY HAVE TO COMPENSATION FOR LOSS
UNDER ANY APPLICABLE STATUTORY GUARANTEES OR ANY OTHER APPLICABLE
LAWS WHICH CANNOT BE LIMITED OR EXCLUDED, we are not liable for any
lost or stolen data, files, Personally Identifiable Information
(PII) or systems, or for any other damages or losses resulting
directly or indirectly from your use of or inability to use our
Software or from any actions or intrusions described in Section 5.5
above.
(B) We are not liable for any Service interruption or downtime
because of maintenance or other reasons.
(C)
If your computer system is locked, the manufacturer of your
system and its repair centers (collectively, the OEM) may be
unable to repair or restore your system, or the OEM may refuse to
accept such a locked system and will return it to you to be
unlocked. It is your responsibility to unlock your system and
suspend the Service prior to seeking repair or return.
11.5Effects of Termination. When your subscription ends, you will no
longer have access to Anti-Theft Software. We will delete all
information and data stored in or as part of your account, including
your user name and password, in accordance with our current privacy
notice, which can be found on our website at:
http://home.mcafee.com/Root/AboutUs.aspx?id=privacy.
11.6Effects of Unenrollment. When unenrolled, your Computer will not
be protected by the Anti-Theft Software. We may also terminate any
portions of the Anti-Theft Software that are subject to separate
software licenses under the terms of those license agreements.
12. Trial, Evaluation, Pre-Release, or Beta Software.
12.1No Warranty. NO WARRANTY. SOFTWARE THAT WE GIVE YOU ON A TRIAL
OR EVALUATION BASIS OR THAT IS LABELED AS "BETA," PRE-RELEASE," OR
OTHERWISE DESCRIBED AS EXPERIMENTAL, UNTESTED, OR NOT FULLY
FUNCTIONAL IS PROVIDED AS IS, WITHOUT ANY WARRANTY, INDEMNITY, OR
SUPPORT, EXPRESS OR IMPLIED.
12.2Loss Prevention. You are solely responsible for taking
appropriate measures to back up your Computer and any other measures
to prevent any loss of files or data.
12.3Inapplicable Terms. Sections 5.1 (Limited Warranty), 5.2
(Exclusive Remedy), and 26 (End-User Customer Support) do not

apply to trial, evaluation, Pre-release, or Beta Software.


13. Subscription Term and Automatic Renewal.
13.1Effective Term. Unless terminated earlier, this EULA is
effective for the subscription term set forth in the Documentation.
If no term is agreed to, the default term is one year from the date
you buy the Software. For free versions of the Software, the EULA is
effective for as long as we make the Software available to you.
13.2Renewal Notices. To the extent required by law, when your term
is close to expiring, we will send notices to the e-mail address you
provided when you subscribed. If you automatically renew your
subscription of one year or more, we will notify you of the pending
charge for renewal and confirm that your subscription has been
renewed.
13.3Automatic Renewal and Its Effects. If you have given us a valid
credit-card number or an alternative payment method, we will
automatically charge you and renew your subscription for another
term when each term expires. The fee will not exceed the current
price, excluding promotional and discount pricing. The new term will
be the same length as the expired term unless otherwise specified by
us at the time of renewal. For subscriptions of one year or more,
this renewal and your payment will be processed within 30 days
before the current term expires and each anniversary thereafter. We
will inform you of your account status and any changes to the terms
and conditions of your subscription in accordance with local law.
13.4Cancelling Your Automatic Renewal.
(A) If you do not want your subscription automatically renewed, you
must turn off your auto-renewal before the subscription term ends.
You may turn off the auto-renewal option at any time by visiting
your My Account page at www.mcafee.com.
(B) If your subscription of one year or more is automatically
renewed, and you ask our customer support for a refund within 60
days of the renewal, we will refund the full subscription price to
you.
(C) Canceling a monthly subscription will stop the recurring fee
going forward, and you will have access to your subscription until
your last payment expires. Canceling your monthly subscription will
not retroactively refund subscription payments, and previously
charged subscription fees cannot be pro-rated based on cancellation
date.
14. Termination of EULA: Regarding Software.
14.1You Actively Terminate the EULA. You may terminate this EULA at
any time by destroying the Software and canceling your account.
14.2Automatic Termination. This EULA automatically terminates if you
fail to comply with its terms and conditions. We have the right to
refuse or discontinue the participation of any user at any time at
our sole discretion.

14.3Disposal of Software. On termination of this EULA, you must


cease using the Software and destroy it (if you have not already
done so) and also destroy or permanently erase all copies of the
Software and the Documentation.
15. Termination of Online Storage Software and Services.
15.1Termination. When this EULA terminates, your access rights to
online storage or backup Services, including Personal Locker, and
your online stored or backed-up Content will also terminate in
accordance with our policies and the Documentation for your Service.
If you are receiving backup Service from a McAfee partner, you must
cancel the Service you are receiving from that partner.
15.2Your Data. If you do not renew the online storage or backup
Service, or if you terminate this EULA, we will not continue to
store your data after the renewal or termination date. It is your
responsibility to ensure that you have stored your data elsewhere
before canceling or terminating the online storage or backup
Service. We have no obligation to give you a copy of your data and
may remove and discard any data.
16. Termination of Other Services.
16.1Refund of Fees. You may close your Service account and end your
use of the Service at any time. Except as provided in Section 13.3
for auto-renewal of subscriptions of one year or more, you will not
receive a refund for any fees that you may have paid in advance, and
you will remain liable for all fees you incur or accrue.
16.2No Further Access. If the Service expires or terminates for any
reason, you will no longer be authorized to use or access the
Service. Your account will be canceled, closed, or both.
16.3Data Deletion. If your account is canceled or closed, we will
delete any stored Content according to our policies. You are
responsible for storing or backing up your Content elsewhere before
your account is canceled or closed.
17. Account and Password Security.
17.1Account Generally. The Software and Service is for your personal
use only and only on devices that you own or are authorized to
monitor and administer. You may use the Software and Service for
only the Permitted Number of devices or subscriptions described in
your purchasing Documentation. The Service may require you to create
and manage your information and Service using an account on our
website at:
https://home.mcafee.com/Secure/Protected/Login.aspx.
17.2Creating Account. You are responsible for ensuring that your
billing information is current, complete, and accurate. If you give
us credit-card information for renewals, you must promptly notify us

if your credit card is changed or canceled.


17.3Biometric Records and Password. You are responsible for keeping
your account password secure, and taking reasonable steps to keep
your account secure. You are solely responsible and liable for the
activity that occurs under your login credentials and on your
account, including the activity of others who use your account
(e.g., when your subscription allows multiple users). If you lose
your password or the encryption key for your account, you may not be
able to access your data.
17.4Security and Liability. You must notify us immediately of any
breach of security or unauthorized use of your account. We are not
liable for your losses caused by any unauthorized use of your
account. But you may be liable for losses that we or others suffer
because of the unauthorized use.
18. Your Stored Content. When the Software or
feature to store or back up your Content with
including McAfee Mobile Security and Personal
Software and Services, Sections 18.1 and 18.2

Service provides a
a McAfee server,
Locker online storage
apply.

18.1Your Responsibilities. You represent and warrant that:


(A) you are the rightful owner of the Content you back up;
(B) you have obtained all rights necessary to store or back up the
Content onto our server; and
(C) neither the Content nor the storage or backing up of the Content
to the server infringes or violates the rights of third parties or
any applicable laws.
18.2Release. You are solely responsible for the Content you store,
make available, or retrieve from your account and from all public
folders. You are legally liable for the Content. We have no
obligation to enforce, defend, or otherwise protect your rights in
backed-up Content. You release us, our officers, directors, agents,
subsidiaries, and employees, and our affiliates and their officers,
directors, agents, subsidiaries, and employees from all claims,
demands, losses, costs, expenses, liabilities, and damages of every
kind, known and unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way related to the Content or
disputes with third parties regarding your rights in or to the
Content.
18.3Storage Limit. You agree to the quota on the amount of storage
you are allowed to use, as shown the Documentation for the Software
or Service. If you exceed any quota allocated to your account, we
may restrict your ability to store or backup further data until you
reduce your storage usage.
18.4
Your Computer. You understand and agree that, if you use
McAfee online storage or backup Software, it may install .NET
framework on your Computer.
19. Buddy Registration. When the Service provides a feature to

register any contact as a buddy, you must have the contacts consent
before adding the contact as a buddy. If a buddy asks you to delete
his or her contact details from your buddy list, you must
immediately do so.
20.

Notice to United States Government End Users.

20.1Statutory Classifications. The Software is commercial computer


software under DFARS Section 227.7202, the Defense Federal
Acquisition Regulations Supplement (codified under Chapter 2 in
Title 48, Code of Federal Regulations). The accompanying
Documentation is commercial-computer-software documentation under
FAR Section 12.212, the Federal Acquisition Regulations (codified in
Title 48 of the United States Code of Federal Regulations).
20.2Governance and Prohibitions. Any use, modification,
reproduction, release, performance, display, or disclosure of the
Software and accompanying Documentation by the United States
Government is governed solely by this EULA and is prohibited except
to the extent expressly permitted by this EULA.
21. Encryption Feature. The Software may contain features and
functionality that allow you to protect sensitive information in
files and folders on your Computer.
21.1Password or Biometric Records Required. For most Software, you
must provide a password to encrypt and protect your sensitive
information. You may provide a challenge question that will allow
you to recover your password if you forget it. If you lose or cannot
remember the password and the answer to the challenge question, you
will not be able to recover the information you have encrypted. For
Personal Locker online storage Software and Service, you must
provide a photograph of your face or a voice sample to encrypt and
protect your sensitive information.
21.2Encryption Security. Encryption without a strong password (at
least seven characters with at least one number, one uppercase
letter, one lowercase letter, and a special character such as a
hyphen) can reduce the protection that the Software offers. The
encryption provided by the Software should protect your information
from the average Computer user. We are not liable to you if you fail
to use a strong password or if the encryption is broken.
21.3Hard-Drive Problems. It may not be possible to unencrypt
information that has been encrypted if your hard drive fails or has
bad sectors. We are not liable for any losses you suffer.
22. McAfee Backup CD-ROM. If you buy a McAfee Backup CD-ROM for the
Software, customs duties may apply to the shipping of the CD-ROM in
addition to the fee for the CD-ROM itself. The duties, if any,
depend on where you receive the CD-ROM. For any McAfee Backup CD-ROM
you request, you are the importer of record, and you authorize us to
select the freight forwarder for importing the McAfee CD-ROM on your
behalf.

23. Export Controls. Your use of the Software and its related
Documentation, including technical data, may not be exported or reexported in violation of the U.S. Export Administration Act, its
implementing laws and regulations, the laws and regulations of other
U.S. agencies, or the export and import laws of the jurisdiction in
which you obtained the Software. Export to a particular individual,
entity, or country may be prohibited by law. Information about
import restrictions can be found at the following websites:
http://www.treas.gov/ofac
www.bis.doc.gov/complianceandenforcement/ListsToCheck.htm.
24. Disclaimer for High-Risk Activities. The Software is not faulttolerant and is not designed or intended for high-risk activities
such as use in hazardous environments requiring failsafe
performance, including nuclear-facilities operations, aircraftnavigation or -communication systems, air-traffic control, weapons
systems, direct life-support machines, or any other application in
which the failure of the Software could lead directly to death,
personal injury, or severe physical or property damage. We expressly
disclaim any express or implied warranty of fitness for high-risk
activities.
25. Open-Source and Free Software. This product may include some
software programs that are licensed or sublicensed to the end user
under the GNU General Public License (GPL) or other similar freesoftware licenses. These licenses permit the user to copy, modify,
and redistribute certain programs, or portions of them, and have
access to the source code.
25.1Source Code. If software is covered under the GPL and
distributed to a user in an executable binary format, the source
code must be made available to the user. For any software on a CDROM covered under the GPL, the source code is also made available on
the CD-ROM.
25.2Broader Rights of Free Software. If any free-software licenses
require us to provide rights to use, copy, or modify a free-software
program that are broader than the rights granted in this EULA, then
those free-software-license rights take precedence over the other
rights and restrictions in this EULA.
26. End-User Customer Support. End users with unexpired, paid
subscriptions will receive technical support in accordance with our
current standard-support offerings, policies, and procedures as set
forth on http://service.mcafee.com. Our standard-support offerings,
policies, and procedures may change from time to time at our sole
discretion and may vary by country. Any obligation we may have to
support the previous version of the Software ends when the Update
becomes available.
27. Audit. We may periodically use technological features to audit
you to ensure that you are not using any Software in violation of
this EULA. You agree to the transfer of information related to these

audits to our offices in the United States and other countries


outside your own.
28. Advertising. Some Software may display advertisements or search
boxes. The manner, mode, and extent of advertising by us through our
Software are subject to change. As consideration for your use of the
Software, you agree that we are not responsible or liable for any
loss or damage associated with any third-party advertisers or sites
you may choose to contact.
29. Governing Law. The substantive laws that govern this EULA and
under which it is construed are determined by where the Software was
acquired.
29.1State of New York, USA Applies. If you purchased the Software in
the United States, Mexico, Central America, South America, or the
Caribbean, this EULA is governed by New York law without regard to
its choice-of-law rules.
29.2 Province of Ontario, Canada Applies. If you acquired this
Software in Canada, unless expressly prohibited by local law, this
EULA is governed by the laws in force in the Province of Ontario,
Canada.
29.3Japan Applies. If you acquired the Software in Japan, this EULA
is governed by Japanese law without regard to its choice-of-law
rules.
29.4Applicable Law for Europe. If you acquired the Software in the
European Union, Iceland, Norway, or Switzerland, then national law
applies.
29.5Applicable Law for Other Countries. If you acquired this
Software in any country not addressed in Sections 29.1, 29.2, 29.3,
or 29.4, then this EULA is governed by Irish law without regard to
its choice-of-law rules.
29.6Expressly Excluded Laws. The United Nations Convention on
Contracts for the International Sale of Goods and the Uniform
Computer Information Transactions Act do not apply to this EULA.
29.7Rights of Individual Consumer. If you are an individual
consumer, this Section 29 does not affect any mandatory right you
may have to take action in your country of residence and under the
laws of that country.
29. 8 Arbitration and Dispute Resolution. YOU AND MCAFEE BOTH AGREE
TO RESOLVE DISPUTES ONLY BY ARBITRATION, OR IF APPLICABLE, IN SMALL
CLAIMS COURT. THERE'S NO JUDGE OR JURY IN ARBITRATION, AND THE
PROCEDURES MAY BE DIFFERENT, BUT AN ARBITRATOR CAN AWARD YOU AS AN
INDIVIDUAL THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME
TERMS IN THIS EULA AND FOLLOW THE SAME LAW AS A COURT WOULD. IF THE
LAW ALLOWS FOR AN AWARD OF ATTORNEYS' FEES, AN ARBITRATOR CAN AWARD
THEM TOO. YOU AND MCAFEE ALSO BOTH AGREE THAT:

(A) THE UNITED STATES FEDERAL ARBITRATION ACT APPLIES TO THIS EULA.
EXCEPT FOR SMALL CLAIMS COURT CASES AS DESCRIBED IN SUBSECTION (B),
ANY DISPUTE THAT IN ANY WAY RELATES TO OR ARISES OUT OF THIS EULA OR
FROM ANY EQUIPMENT, PRODUCTS AND SERVICES YOU RECEIVE FROM US (OR
FROM ANY ADVERTISING FOR ANY SUCH PRODUCTS OR SERVICES) WILL BE
RESOLVED BY ONE OR MORE NEUTRAL ARBITRATORS BEFORE THE AMERICAN
ARBITRATION ASSOCIATION ("AAA") OR BETTER BUSINESS BUREAU ("BBB").
(B) A CLAIM CAN BE BROUGHT IN SMALL CLAIMS COURT, RATHER THAN
ARBITRATION, IF THE REQUIREMENTS OF APPLICABLE LAW ARE MET, SUCH AS
THOSE REGARDING THE AMOUNT OF THE CLAIM AND VENUE.
(C) UNLESS YOU AND MCAFEE AGREE OTHERWISE, THE ARBITRATION WILL TAKE
PLACE IN THE COUNTY OF YOUR BILLING ADDRESS. THE PARTY BRINGING THE
CLAIM CAN CHOOSE EITHER THE AAA'S RULES OR THE BBB'S RULES FOR
BINDING ARBITRATION. YOU CAN GET PROCEDURES, RULES AND FEE
INFORMATION FROM THE AAA (WWW.ADR.ORG), THE BBB (WWW.BBB.ORG) OR
FROM US. FOR CLAIMS OF US$10,000 (OR THE EQUIVALENT AMOUNT IN
NATIONAL CURRENCY) OR LESS, YOU CAN CHOOSE WHETHER YOU'D LIKE THE
ARBITRATION CARRIED OUT BASED ONLY ON DOCUMENTS SUBMITTED TO THE
ARBITRATOR, OR BY A HEARING INPERSON OR BY PHONE. FOR CLAIMS OVER
THIS AMOUNT, THE ARBITRATION WILL BE A HEARING IN PERSON.
(D) NO CLASS OR COLLECTIVE ARBITRATIONS ARE ALLOWED EVEN IF THE AAA
OR BBB PROCEDURES OR RULES WOULD OTHERWISE ALLOW THEM.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS EULA, THE ARBITRATOR MAY
AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL
PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE
RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. NO CLASS OR
REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR
PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD UNDER
THIS EULA.
(E) IF EITHER OF US INTENDS TO SEEK ARBITRATION UNDER THIS EULA, THE
PARTY SEEKING ARBITRATION MUST FIRST NOTIFY THE OTHER PARTY OF THE
DISPUTE IN WRITING AT LEAST 30 DAYS IN ADVANCE OF INITIATING
ARBITRATION. NOTICE TO MCAFEE SHOULD BE SENT TO MCAFEE, INC. 5000
HEADQUARTERS DRIVE, PLANO, TEXAS, USA, 74024, ATTENTION: LEGAL
AFFAIRS. THE NOTICE MUST DESCRIBE THE NATURE OF THE CLAIM AND THE
RELIEF BEING SOUGHT. IF YOU AND MCAFEE ARE UNABLE TO RESOLVE OUR
DISPUTE WITHIN 30 DAYS, EITHER PARTY MAY THEN PROCEED TO FILE A
CLAIM FOR ARBITRATION. WE'LL PAY ANY FILING FEE THAT THE AAA OR BBB
CHARGES YOU FOR ARBITRATION OF THE DISPUTE.
(F) WE MAY, BUT ARE NOT OBLIGATED TO, MAKE A WRITTEN SETTLEMENT
OFFER ANYTIME BEFORE ARBITRATION BEGINS. THE AMOUNT OR TERMS OF ANY
SETTLEMENT OFFER MAY NOT BE DISCLOSED TO THE ARBITRATOR UNTIL AFTER
THE ARBITRATOR ISSUES AN AWARD ON THE CLAIM.
(G) AN ARBITRATION AWARD AND ANY JUDGMENT CONFIRMING IT APPLY ONLY
TO THAT SPECIFIC CASE; IT CAN'T BE USED IN ANY OTHER CASE EXCEPT TO
ENFORCE THE AWARD ITSELF.
(H) IF FOR SOME REASON THE PROHIBITION ON CLASS ARBITRATIONS SET
FORTH IN SUBSECTION (D) CANNOT BE ENFORCED, THEN THE AGREEMENT TO
ARBITRATE WILL NOT APPLY.
(I) IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH
ARBITRATION, YOU AND MCAFEE AGREE THAT THERE WILL NOT BE A JURY
TRIAL. YOU AND MCAFEE UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY
JURY IN ANY DISPUTE THAT IN ANY WAY RELATES TO OR ARISES OUT OF THIS

EULA OR FROM ANY EQUIPMENT, PRODUCTS AND SERVICES YOU RECEIVE FROM
US (OR FROM ANY ADVERTISING FOR ANY SUCH PRODUCTS OR SERVICES). IN
THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A
WRITTEN CONSENT TO A TRIAL BY THE COURT. IN ADDITION, YOU AND MCAFEE
CONSENT TO:
(1) if Subsection 29.1 applies, the non-exclusive jurisdiction of
the United States District Court for the Southern District of New
York and the State Courts in New York County, New York;
(2) if Subsection 29.2 applies, the federal and provincial courts
sitting in Toronto, Ontario;
(3) if Subsection 29.3 applies, the non-exclusive jurisdiction of
the courts of Japan; and
(4) if Subsection 29.4 or Subsection 29.5 apply, the non-exclusive
jurisdiction of the courts of Ireland.
30. Miscellaneous.
30.1Entire Agreement. This EULA sets forth all rights for the user
of the Software and Documentation and is the entire agreement
between the parties. This EULA supersedes any other communications,
representations, or advertising relating to the Software and
Documentation.
30.2No Waivers. We do not waive any provision of this EULA unless we
waive it in a signed writing.
30.3Severability. If any part of this EULA is for any reason held to
be unenforceable, the rest of it remains fully enforceable.
30.4Headings. Headings are for convenience and do not affect the
interpretation of this EULA.
30.5Including; Includes. Unless the context requires otherwise,
including means including but not limited to and includes
means includes but is not limited to.
31. Contact Us; Customer Service. If you have any questions about
these terms and conditions, or if you would like to contact us for
any other reason, you may contact your local McAfee entity at
http://service.mcafee.com/, or by calling 866-622-3911, or by
writing with detailed account information, including your name and
the e-mail address registered to the account, to: McAfee, Inc.,
Attention: Customer Service, 2821 Mission College Blvd., Santa
Clara, CA 95054.
32. Definitions.
32.1Australian Consumer Law means Schedule 2 of the Competition
and Consumer Act 2010 (Cth);
32.2Authorized Partner means our distributors, resellers, service
providers, and other business partners, including but not limited to
Computer manufacturers.

32.3Computer means a device that accepts information in digital or


similar form and manipulates it for a specific result based on a
sequence of instructions, and includes personal computers; laptops;
netbooks; mobile handsets; and end-point, smartphone, PDA, and
tablet devices.
32. 4 Content means any information, text, files, links, images,
or other materials on your Computer(s).
32. 5 Documentation means explanatory materials in printed,
electronic, or online form which are delivered with the Software or
Service.
32. 6 McAfee means
(A) McAfee, Inc., a Delaware corporation, with offices located at
2821 Mission College Blvd., Santa Clara, California 95054, USA, if
the Support is purchased in the United States, Mexico, Central
America, South America, or the Caribbean;
(B) McAfee Security S.A.R.L. with offices located at 26, Boulevard
Royal, 2449 Luxembourg, Luxembourg, if the Software is purchased in
Canada, Europe, the Middle East, Africa, Asia, or the Pacific Rim;
and
(C) McAfee Co., Ltd. with offices located at Shibuya Mark City West
Building 12-1, Dougenzaka 1-Chrome, Shibuya-ku, Tokyo 150-0043,
Japan, if the Software is purchased in Japan.
32.7PC means a desktop or laptop Computer that is running the
Windows Operating System.
32. 8 Permitted Number means one unless otherwise indicated under
a valid license (e.g., volume license) granted by us or an
Authorized Partner or unless otherwise indicated by the terms of
service for a particular McAfee Service.
32.9Personally Identifiable Information means information that can
be used to identify a person, including, without limitation, name,
address, phone number, e-mail address, social security number,
credit card information, facial image, voice sample, or other
biometric record.
32.10Service means that service as further described in the
Documentation and which may be provided with Software, including
support services, updating services, online storage or backup
services and hosted services.
32.11 Software means all the contents of the files, disks, CD-ROMs,
or other media (including electronic media) with which this EULA is
provided or the contents hosted by us or our Authorized Partners,
including McAfee or third-party Computer information or software;
Documentation; Updates; and Software, if any, licensed to you by us
or an Authorized Partner.
32.12 Updates means upgrades, modified or later versions, and
updates to Software.

32.13 Use or using means to access, install, download, copy, or


otherwise benefit from the Software or Service.
End of Terms and Conditions
THE SOFTWARE AND SERVICES ARE PROTECTED BY INTELLECTUAL-PROPERTY
LAWS AND INTERNATIONAL-TREATY PROVISIONS. ANYONE WHO REPRODUCES OR
DISTRIBUTES THE SOFTWARE OR SERVICES WITHOUT OUR PERMISSION IS
SUBJECT TO CIVIL AND CRIMINAL PENALTIES.
Consumer Products End User License Agreement
MCAFEE CONSUMER EULA Rev. November 2013
Copyright 2013, McAfee, Inc.
___END OF MCAFEE, INC., MCAFEE SECURITY S.A.R.L. AND MCAFEE CO.
LTD. END USER LICENSE AGREEMENT__
702702-032

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