McAfee License Agreement
Before you get started, we need to have a quick chat about terms.
These terms explain your legal rights and responsibilities when using our software and
services. They’re really important, so we’re going to need you to read these terms carefully,
including any links, because they’ll become the agreement between you and us.
Things to remember while you read this . . .
1. When you see a word in bold, it will have the same meaning every time it’s used in this document.
2. By clicking an acceptance button, installing, or using the software and services
(whether provided by us or one of our partners), you’re agreeing to these terms. If you don’t agree or follow the rules
they lay out, you can’t use the software and services.
3. When we say . . . McAfee, we, our or us, this means the McAfee entity that provides
the software and services in your region.>
4. When we say . . . you or your,
this means you or the business or company you’re authorized to represent.
5. If you live in the US, you won’t want to miss our binding arbitration clause and the class action waiver.
They outline some very important points about how we resolve disputes.
What about my privacy?
We’re big fans of privacy protection, but we do need to know some of your personal details before you can use the
software and services. Make sure to read our Privacy Notice
so you understand how and why we collect, use, and share your personal data through our websites, products and
services and how you can exercise your rights on your data.
What can I do with McAfee’s software and services?
When you purchase our software and services, you’re getting a limited license. This means we, our partners and
suppliers still own all the rights to the software and services. We’re allowing you to use them according to these
terms.
If your license is for personal use:
You get a license for the software and services you’ve subscribed to, that belongs to you, and only you. You can’t transfer that license to anyone else.
We’re allowing you to use your license:
- For as long as you continue to pay any applicable fees for your subscription or until the subscription ends
- For the length of time you chose when you made your purchase or, if you didn’t choose a subscription length, one year.
- On the number of devices, for the number of users you chose when you made your purchase. If you didn’t choose, you can only use your license on one device for one user.
- If your devices and operating systems meet our
requirements. It’s up to you to make sure your devices are kept up to date and meet those requirements.
(It’s good security practice to keep your devices up to date, too.)
If you are setting up a new device and have an existing subscription associated with your email address,
we will automatically apply the existing subscription to your device instead of any limited term trial that
may be available with the device. If you have multiple subscriptions associated with your email address,
we will select the most appropriate subscription for that device.
If you’re using your license for small business:
You get a license for the software and services you’ve subscribed to, just like in the terms as above.
The only difference is, only people employed by the small business may use the software and services and only
for internal business operations.
You must make sure to register each license you purchase, using the same email address as in your account profile. If you purchase new licenses using that email address, we will make sure they have the same renewal date as the licenses you first purchased. We will automatically pro-rate the cost to reflect the shorter initial term of the new licenses. Additional licenses you purchase using a different email address not associated with your account will be for the term you purchased, without a discount.
What about free software and services?
Sometimes, we offer software and services free of charge, like an additional feature in a paid subscription, a pre-release, beta software or a courtesy service. The terms in this agreement apply to free software and courtesy services too, unless we’ve said otherwise. Some limitations may apply, and we’ll let you know what these are when we make the free software or courtesy services available to you. You can use free software and courtesy services for as long as we provide them to you.
What about minors?
You must comply with the law when using our software and services. If the product you purchase includes tracking features, you must have the legitimate right and authority before using use them to track and monitor children. That means you must be a parent, legal guardian or have other legal authorization. McAfee expects that you will use our software and services in compliance with applicable laws and regulations.
What can’t I do with McAfee’s software and services?
Our rights as owners or licensors of the software and services are protected by law. This means if you do something, like the following examples, your subscription will probably be canceled, and we might need to take further action. You don’t want that. Here are some examples: Don’t…
- try to figure out the source-code, including by reverse engineering or decompiling the software or services;
- make any modifications to the software or services;
- commercialize the software or services, including by selling, lending or renting them;
- use a pirated version of the software or services;
- create any product or service based on the software or services;
- transfer the software or services to anyone else, including by sub-licensing or assigning them;
- use the software or services to do anything illegal;
- publish or make copies of the software (other than backups);
- interfere with anyone else’s use of the software or services;
- try to get around any technical protection measures in the software and services;
- exceed any applicable content storage or bandwidth limitations;
- use a multi-user product to track and monitor any other person without their consent;
- install the software or services on more devices than you are permitted to, (including by failing to delete the software or services from a device before you sell or transfer ownership of it); or
- continue to use the software or services after your rights to use the software or services have expired or been terminated.
Technical support
For software and services that qualify for technical support, you’ll receive the standard support offering for the length of your paid subscription. Check your receipt when you buy your software or services to see if your purchase qualifies. Our standard support offerings, policies and procedures may change from time to time and vary by country.
How do updates to McAfee software and services work?
We regularly release upgrades, enhancements and modifications to our software and services (updates). Once an update becomes available, we may stop supporting the previous version of the software or services. To make sure you can use new features we develop, you agree to let us install updates in the background while you do other things. We may also provide updates for free software and courtesy services, but we are not obligated to.
What happens when McAfee discontinues software, services, or features?
From time to time we may discontinue or remove certain software, services or particular features of the software or services. When we stop offering it for purchase, download, or renewal, it reaches end of sale and you won’t be able to renew your subscription after the end of sale date. Sorry, but in order to make new and better things, sometimes we have to stop supporting older products. We also have to make changes to features of the software and services if required by third party platforms and software that are outside of our control.
Payment and automatic renewal
If you purchased your software from McAfee and not from a third party, when you share your payment information (credit or debit card or other payment type) with us, you are authorizing us (or, our authorized partner) to charge your payment type for the initial purchase amount, as well as any subscription renewals. In the event you provide more than one payment type, you are authorizing us (or, our authorized partner) to automatically charge those alternative payment types in the event there is an issue with your primary payment type. If you do not want McAfee to charge your alternative payment types, you can delete them in your My Account page.
Updating your payment details
If any of your payment details change (like card number or expiry date) please let us know as soon as possible by updating your payment details in
Sometimes we may receive updated credit or debit card information from your card issuer or the card network, which we’ll use to update your payment details automatically. We may also retry failed payments to complete transactions, including by retrying failed cards by extending expiration dates. You consent for us to charge your payment type using the updated details.
How does automatic renewal work?
If you purchased your software from McAfee and not from a third party, your paid subscription will be automatically renewed at the end of its term, unless you’ve decided not to enroll in or have opted-out of automatic renewal. We’ll email you in advance to let you know that your subscription is due for renewal and will charge your payment type within 30 days before the subscription is due to end. The amount charged will be the price of the software or services at the time of renewal, which might be different to the amount you originally paid. It is your responsibility to ensure the email address on your account is up-to-date. If your software or services have been renamed, upgraded or replaced with a new offering, we’ll provide the new offering at no more than its renewal price at the time of your renewal, provided it has reasonably comparable features. If automatic renewal doesn’t apply in your location, we will state this at the time of purchase.
Price Changes.
McAfee may change the price you pay for the software or services at any time after the introductory period (if applicable) and for any of the following reasons: legal or regulatory reasons; improvements to the services we offer or new features; or in response to market factors such as changes in taxes, inflation, currency fluctuations or changes in infrastructure or administrative costs.
How do I turn off automatic renewal?
If you don’t want to continue your subscription, you can turn off automatic renewal at any time by logging in to your My Account Page or contacting Customer Service. Be sure to do this more than 30 days before your subscription term expires so your payment type isn’t charged for your next renewal. Remember, if you turn off or don’t enroll in automatic renewal, you won’t be able to access premium features that we offer to subscribers of our automatic renewal service. If you forget to turn off automatic renewal you have 60 days after you’re charged to request a refund and cancel your subscription. Our Refund Policy forms part of these terms and provides details on what is refundable and how to submit a request, so make sure you read them.
When does this agreement officially end?
This agreement will end when your right to access the software and services expires or is ended by us or you. After it ends, you’re not allowed to use the software and services anymore and you must permanently delete the software and services from your devices.
Can I cancel my subscription?
Of course, you can, but you’ll be giving up all the online protection we provide. If you’re absolutely sure, you can cancel your subscription any time before it’s expiry date. Check our Refund Policy before you cancel though, because you may not qualify for a full refund. If you don’t qualify, the good news is you’ll be able to keep using the software and services until the end of the cancelled paid subscription period.
Will my subscription be suspended or cancelled if I break the terms of this agreement?
Yes. If you violate this agreement or any of the additional terms and conditions that apply, we’ll have to suspend or end your use of the software or service. When we end it, we may also close your account.
What happens to my data after this agreement ends?
We delete all your stored or backed-up content (information, text, files, links, images and all other materials you provide to us) in accordance with our internal policies after you have deleted or uninstalled your software. You’re responsible for storing and backing-up your content before termination. Hard drive and cloud storage space is cheap, so don’t forget!
Terms specific to certain products, plans, and services
Additional terms
Some of our software and services have a few extra terms of service not covered here. You can find more information on our website.
Virus Removal, TechMaster Services or Virus Protection Pledge
We will make every reasonable effort to remove viruses and malware from your device. However, we can’t guarantee that all malware and viruses can be removed because some attacks are far more sophisticated than a simple scan can handle. You can find additional information in the TechMaster TOS and VPP Terms.
Password Management products and features
We never have a copy of your master password or your encryption keys, so you’re responsible for keeping them safe. Use a strong, hard to guess master password and keep your keys in a safe place, because if you lose them, we can’t help you get back into your account. There is no “reset password” option.
WebAdvisor
WebAdvisor uses a lot of fancy math to figure out whether or not a website is safe to browse. As good as it is though, it can’t spot every threat or understand the nature of every website. Ratings don’t guarantee a site is completely free from risk, and good ratings don’t mean we endorse the website, or it’s services. WebAdvisor’s “Secure Search” is powered by Yahoo!, by default. If you turn Secure Search on, your searches will go through the Yahoo! Network. You can change your browser’s default search engine options in your browser’s settings.
Home Scanner feature
If you’ve purchased this feature, you’ll need to opt-in for it to work. By turning Home Scanner on, you’re giving us permission to identify devices that connect to your home Wi-Fi network. This helps us spot devices that have poor security and could put your safety at risk. You can opt out of Home Scanner at any time. Home Scan is just for your home Wi-Fi network. Home Scan collects data from every device on your network, so be sure to let your friends and family know their devices will be scanned before you give them your Wi-Fi password.
Antivirus Protection
Your antivirus protection may include features that monitor the security status of your device, automatically sending us reports about suspected malware and other unwanted software. This automatic reporting helps us quickly detect and respond to new threats, providing better protection for your device. The reports may include files that contain suspected malware. These types of files are unlikely to contain any of your personal data, but if we think a suspicious file is likely to contain your personal data, we will seek your permission to send the file. You can turn off this automatic reporting from your antivirus protection in your product.
VPN (Virtual Private Network)
If this feature is available in your location and you have purchased this feature, you must comply with our fair use policy. This means, when using McAfee’s VPN, you must not do anything that imposes or may impose an unreasonable or disproportionately large load on our infrastructure. If you breach this fair use policy, we may suspend your use of the VPN function without liability to you.
Identity Protection
If you are entitled to our identity protection features, please see our Identity Protection Terms of Service, which form part of this agreement.
Identity Monitoring (dark web monitoring)
The Dark Web can be a scary place! It’s basically just the internet, but an encrypted version, so it’s harder to find out who owns websites. Because of this, people buy and sell all kinds of information, like credit card numbers and identification.
Our identity monitoring service searches dark web data available to us and alerts you if the personal data you have chosen to monitor has been found on the dark web. By using the service, you understand and agree to the following additional terms:
We cannot remove your breached information from the dark web.
It is your responsibility to keep your contact information up to date, review the alerts and take any recommended actions to reduce the risk of further misuse of your data. We do not guarantee that our recommendations will prevent such misuse.
We do not guarantee that our data sources contain all instances in which your personal information has been compromised, nor do we claim that our service can prevent your information from being hacked in the first place.
- We provide you alerts based on the dark web data available to us. We do not guarantee the accuracy of information we provide you.
- We can only monitor the information that you have chosen to provide us for monitoring. You must ensure it is accurate.
- If you choose to receive alerts via SMS messaging, you are responsible for all SMS messaging and data plan fees charged by your mobile service provider.
- You must be over the age of 16 to use our dark web monitoring service.
- You may only provide your own personal data for monitoring. You must not provide the personal data of any other person. We will not be liable to any third person if you provide their data in breach of this restriction.
- If your subscription allows it, you may provide the data for minors (for whom you are the legal guardian or parent) or other individuals for whom you have obtained authorization for monitoring, solely for purposes of determining whether such data has been found on the dark web. By providing this data, you confirm that you have obtained that individual’s permission or otherwise have the right to provide and monitor that data, and you confirm that this information will not be used, in whole or in part, as a factor in determining the individual’s eligibility for credit, insurance, or employment, or any other eligibility purpose that would qualify as a consumer report under the U.S. Fair Credit Reporting Act. You are responsible for the accuracy of the data you provide and ensuring it is up to date. You agree you are acting on behalf of individuals you enroll for monitoring and you accept these terms on their behalf.
- You must not use our dark web monitoring service to obtain someone else’s information without their consent.
Personal Data Cleanup
If you are entitled to the Personal Data Cleanup feature,
we will scan a list of data broker sites to see if they have your personal information and help you take steps to raise
deletion requests.
It’s important to note,
however, that not all data brokers are located in a jurisdiction in which privacy regulations have been adopted.
While some data brokers may comply with your deletion requests, it is possible that others might tell you they
are not required by law to do so.
Depending
on your subscription, you may be entitled to ask us to help you raise deletion requests. When we help you send these
requests, we do not act as an agent on your behalf.
SMS and text messaging
If you choose to provide us your phone number,
we may use it to register your McAfee subscription and/or send you service notifications and reminders.
Message and data rates may apply.
You can opt out of receiving our SMS and text messages by following the instructions you received in the message
or at the time you provided your phone number (typically by replying “STOP”). For help, you can contact
service.mcafee.com.
Financial Transactions Monitoring
You provide log-in credentials to your accounts at
your own risk. By using our service, you agree that we, the data sources that maintain your accounts, and any third
parties that interact with your credentials or account data in connection with our service are not liable for any loss, theft, compromise,
or misuse whatsoever in connection with our services (including negligence), except to the extent such liability cannot be limited under applicable law.
We and the data sources make no warranties of any kind related to the data provided by our services - whether express, implied, statutory, or otherwise.
Except for PDFs of official account documents we retrieve on your behalf and provide to you without alteration, no data provided by our services is an
official record of any of your accounts.
We reserve the right to reject a
registration based on our reasonable determination that: (i) accepting the registration may result in a breach of a law, rule, or regulation; (ii) the
registration originated from a user, IP address or device known or reasonably suspected to participate in hacking or misuse of other services, or (iii)
the registration otherwise presents a perceived security risk.
Not all data
sources are supported, and we make no representations or warranties relating to the availability, accessibility, or quality of any data source.
Beneficiaries of McAfee Subscriptions
If you have been invited by a McAfee subscription holder to create a McAfee account and
participate in that subscription at no added cost to you, then you understand and agree that the McAfee subscription holder may be able to see limited
information about you, your device, and your account, including your name, type of device protected, and your Protection Score.
Plans with Unlimited Device Protection
Unlimited plans cover only household devices that you own for personal, non-commercial use,
and is subject to our fair use policy. If you have an issue adding a device, please contact
Customer Support.
Guarantees and disclaimers
30 Day Money Back Guarantee
In the first 30 days of your purchase, you can decide to cancel your subscription
for any reason and ask us for a refund of the amount you paid. Additional remedies may be available in the country in which you purchased the McAfee software,
and some are outlined at the end of this document.
Attacks on Data
Security breaches might involve attacks on your data. For example, viruses and other malware might delete,
destroy, alter or encrypt data and files on your device. If this happens, you could lose access to your data and files. You agree that it is your responsibility to
back-up and store all data and files on your devices so you can safely restore them, if you need to. As we mentioned earlier in these Terms, hard drive and cloud
storage space is cheap. You should back up your important files to a reputable online data storage service and do it often. We’re not liable for any lost or damaged
files or interruptions as a result of attacks on your data.
High risk activities
The software and services are not fault-tolerant and are not designed or intended for high-risk
activities such as use in hazardous environments requiring failsafe performance, including nuclear-facilities operations, air traffic communication systems, weapons
systems, direct life-support machines, or any other application in which the failure of the software or services could lead directly to death, personal injury, or
severe physical or property damage. We do not make any express or implied warranty of fitness for high-risk activities.
Limitation of liability
Our liability and that of our affiliates, suppliers, licensors or other third-party service providers to you,
under or in connection with these terms, is (a) limited to the price you paid for the applicable software or services for the subscription term during which the event or
circumstance giving rise to the liability occurred, or USD$100 in respect of free software; and (b) excludes any liability to you for any: (i) indirect, special, incidental,
or consequential loss or damage, including loss of profits, loss of goodwill, loss of personnel salaries, work stoppage, computer failure or malfunction or loss of data;
or (ii) theft of personally identifiable information.
We make no warranties, representations,
express or implied, in relation to the software or services, including warranties or conditions of merchantability, performance, satisfactory quality, fitness for purpose,
title, and non-infringement. The software and services are provided "as is". You are responsible for selecting the software and services to achieve your intended results
and for installing and using the software or service. We do not warrant or guarantee the software or services’ use or performance. We do not warrant or guarantee that the
software or services’ operation will be failsafe, uninterrupted, or free from errors or defects, that the software or services will protect against all possible security
threats, or that there will be no malfunctions or other errors in the software or services caused by virus, infection, worm or similar malicious code not introduced or
developed by us. We are 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.
You agree that the limitations of liability and disclaimers in
this section reflect the fee charged for the software and services, which would be higher without these limitations. Nothing in this agreement limits any rights you may
have under existing consumer-protection statutes or other applicable laws that may not be waived in your jurisdiction, including those specifically mentioned in the local
law section.
Some general housekeeping
What happens when McAfee makes changes to these terms?
Sometimes we make changes to these terms and post them to our website. If you don’t agree to any of the changes
you can end your subscription by not renewing, as outlined above, and uninstalling the software. If you renew your subscription, you accept the most recent version of these
terms. If you’ve accepted more than one version, the most recent version will replace all older versions.>
For free software and services, you accept changes to these terms by continuing use the free software and services.
If you don’t agree to any of the changes, you must stop using the service and uninstall the free software.>
Can I give McAfee my feedback?
We
love to receive your feedback about the software and services. Keep in mind that we’ll use it without restriction.>
What about data charges?
You’re responsible for paying all data and mobile charges associated with using the software and services.>
What country’s laws apply to these terms?
It’s no secret that different countries have different consumer laws. Use of the software and services and any
claims will be subject to:
- the laws of the state of New York, or if the laws of the state of
New York are found not to apply, then the laws of the state of Delaware,
- the laws of the Province
of Ontario, Canada, if you acquired the software and services in Canada;
- the laws of New South
Wales, Australia if you acquired the software and services in Australia;
- the laws of Singapore,
if you acquired the software and services in Asia, New Zealand and Oceania excluding Australia and Japan;
-
the laws of Japan if you acquired the software and services in Japan (but excluding its choice of law rules);
- The national laws of the country where you acquired the software and services if acquired in
the European Union, Iceland, Norway or Switzerland;
No matter which local law applies,
the following will always be excluded:
- conflict of law principles;
-
The United Nations Convention on Contracts for the International Sale of Goods; and
-
the Uniform Computer Information Transactions Act.
What if there’s a dispute?
Most disputes can be resolved informally by contacting Customer Service. If we are unable to reach an agreement to resolve the dispute, our preference is to resolve
any disputes through arbitration. If you live in the United States, however, you agree to resolve all disputes relating to this agreement through arbitration or in small
claims court, as we explain in more detail in the “Binding arbitration and class action waiver” section below.
Export control
The software and
services are subject to export controls under the U.S. and local country laws. You agree that you will not directly or indirectly export, transmit, permit access or
use of the software or services and their related documentation and technical data to an individual, entity, or country to which export, transmission or access is
restricted by export control laws, without the required authorization of the Bureau of Industry and Security of the U.S. Department of Commerce or other governmental entity
with jurisdiction over export or transmission. You will not use, transfer or access any McAfee products for end use relating to any nuclear, chemical or biological weapons,
missile technology, or the military end use or for a military end user per 15 CFR Part 744.21 unless authorized by the U.S. or relevant local government by regulation or
specific license. If we receive notice that a user is or becomes identified as a sanctioned or restricted party under applicable law, we will not be obligated to perform
any of our obligations under these terms if it would result in violation of the sanctions or restrictions. Additional information regarding exporting and importing McAfee
products may be found here, as updated from time to time.
Complete agreement
These terms are the
entire agreement between you and us relating to your use of the software and services. These terms supersede any prior agreements or terms between you and us in relation to
the software and services, and any other communications, representations, or advertising relating to them.
Translated versions
We provide versions
of these terms translated from English for your convenience only. If there is any difference in meaning or interpretation between a translated version and the English
version, the English version applies.
No waiver
We will only waive a provision of these terms in a signed document.
Licensing entities
The software and
services are licensed to you by one of these legal entities:
- McAfee, LLC, a Delaware limited
liability company, with offices located at 6220 America Center Drive, San Jose, California 95002, USA, if the software is downloaded in the United States, Mexico, Central
America, South America, or the Caribbean;
- McAfee Consumer Affairs North, LLC, a Delaware
limited liability company, with offices located at 6220 America Center Drive, San Jose, California 95002, USA, if the software is downloaded in Canada;
- McAfee Ireland Limited, with offices located at 1Horgan’s Quay, Waterfront Square, Cork, Ireland, T23 PPT8,
if the software is downloaded in Europe, the Middle East, Africa or the Pacific Rim; or
- If the
software is downloaded in Japan, the software is licensed by McAfee, LLC. Any services are provided by McAfee Co., Ltd. with offices located at Shibuya Mark City West
1-12-1, Dougenzaka, Shibuya-ku, Tokyo 150-0043, Japan, if the software is downloaded in Japan.
-
McAfee Security Australia Pty Ltd, with offices located at 45 Evans Street, Balmain, New South Wales 2041, Australia, if the software is downloaded in Australia.
- McAfee (Singapore) Pte Ltd, with offices located at Level 9 Tampinese Junction, 300 Tampines Avenue 5,
Singapore, 529653, Singapore, if the software is downloaded in Asia Pacific (excluding Japan and Australia)
McAfee contact information
Customer Service & Technical Support: https://service.mcafee.com
Disputes:
Attn: McAfee Legal Department
6220 America Center Dr
San Jose, CA 95002
McAfee Website
You agree to comply with the McAfee Website Terms of Service, which are incorporated into these terms.
Local law provisions
For consumers in Australia
Where any of the consumer guarantees under the Competition and Consumer Act 2010 (Cth) (CCA) apply to the software or services, and
the CCA voids or prohibits a provision in these terms excluding, restricting or modifying such consumer guarantees, then, our liability arising out of the supply of software and
services for failure to comply with such consumer guarantees is limited to the provision of the following remedies:
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the
service, you are entitled:
- to cancel your service contract with us; and
-
to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the
failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and
obtain a refund for the unused portion of the contract.
Our goods come with guarantees that cannot be
excluded under the Australian Consumer Law. You are entitled 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 Ireland Limited. Please send any claims under this warranty to:
Legal Department
McAfee Security Australia Pty Ltd
45 Evans Street,
Balmain, NSW, 2041
Australia
For consumers in France
Conformément aux dispositions de l’article L. 215-4 du code
de la consommation, les clauses suivantes sont reproduites :
Pour les contrats de prestations de
services conclus pour une durée déterminée avec une clause de reconduction tacite, le professionnel prestataire de services informe le consommateur par écrit, par lettre nominative
ou courrier électronique dédiés, au plus tôt trois mois et au plus tard un mois avant le terme de la période autorisant le rejet de la reconduction, de la possibilité de ne pas
reconduire le contrat qu'il a conclu avec une clause de reconduction tacite. Cette information, délivrée dans des termes clairs et compréhensibles, mentionne, dans un encadré
apparent, la date limite de non-reconduction.
Lorsque cette information ne lui a pas été adressée
conformément aux dispositions du premier alinéa, le consommateur peut mettre gratuitement un terme au contrat, à tout moment à compter de la date de reconduction.
Les avances effectuées après la dernière date de reconduction ou, s'agissant des contrats à durée indéterminée,
après la date de transformation du contrat initial à durée déterminée, sont dans ce cas remboursées dans un délai de trente jours à compter de la date de résiliation, déduction
faite des sommes correspondant, jusqu'à celle-ci, à l'exécution du contrat.
Les dispositions du présent
article s'appliquent sans préjudice de celles qui soumettent légalement certains contrats à des règles particulières en ce qui concerne l'information du consommateur.
Lorsque le professionnel n'a pas procédé au remboursement dans les conditions prévues à l'article L. 215-1, les sommes
dues sont productives d'intérêts au taux légal.
Le médiateur suivant est à votre disposition : Centre de
Médiation et d'Arbitrage de Paris, CMAP (dont les coordonnées sont les suivantes:
39 avenue Franklin D.
Roosevelt -75008 Paris- https://www.cmap.fr/le-cmap/nous-saisir/
For consumers in Germany
This section
explains how the German Fair Consumer Agreement Law affects your subscription.
This section
applies only to contracts between McAfee and consumers with their regular place of business in the Federal Republic of Germany (Germany) as of March 1, 2022. A consumer is any
natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed (Section 13 of the German Civil Code).
Your initial subscription will automatically renew for an indefinite period of time, unless you turn off automatic
renewal in your settings under MyAccount or terminate the subscription by other means (e.g., by accessing the “cancel subscription here” on McAfee’s homepage). After the initial
term of your subscription, you have the option to terminate it any time by giving one month’s notice.
As described in the section "How does automatic renewal work?" of the McAfee License Agreement, 30 days prior to the end of the subscription period, McAfee will notify you in
advance of the automatic renewal of your subscription and charge you in advance for the applicable fees for use of the McAfee product for a period of one year. At the end of your
renewal period of one year, McAfee will inform you again and will charge you in advance.
If you choose to
cancel your subscription , you can do so by accessing the Vertrag hier beenden link on the McAfee homepage.
McAfee will refund you any renewal prepaid fees on a pro-rata basis (the amount of the refund depends on the duration for which you have used the McAfee product). For details,
please refer to the McAfee Consumer products Refund Policy (for German customers).
For consumers in the Netherlands
Any automatic renewal of your original subscription will be for an indefinite term. You may terminate your renewed subscription any time after renewal
by contacting Customer Service and providing at least 30 days’ notice of your intent to terminate and we will provide a prorated refund in accordance with local law.
Disputes
Binding arbitration and class action waiver
This clause applies to U.S. customers.
Agreement to arbitrate
You and McAfee agree that any claim or dispute arising out of or relating
to this agreement (claim) will be resolved by confidential binding arbitration governed by the Federal Arbitration Act. This includes claims made by us, by you,
on your behalf or by persons connected with you or us, such as employees, subsidiaries and successors.
You and we agree that no class action or other collective, consolidated, or representative action may be
asserted by arbitration, court or otherwise. All claims, whether in arbitration or otherwise, must be brought solely in your or McAfee’s individual capacity, and not as
a plaintiff or class member in any purported class or collective proceeding. We and you waive the right to initiate or participate in a class action or litigate a claim
in court before a judge or jury.
Notice of dispute
Before initiating arbitration,
a party must give the other party 60 days’ advance written notice. Notices to us should be addressed: McAfee, LLC, 6220 America Center Dr, San Jose, CA 95002, Attention:
Legal Department. The notice must include your name, address, and contact information, the facts giving rise to the dispute, and the relief requested. You and we must use
reasonable efforts to resolve any dispute through informal negotiation within 60 days from the date the notice of dispute is sent. After 60 days, either party may commence
arbitration if the dispute is unresolved. These notice obligations do not modify the statute of limitations applicable to any claim.
Administration of arbitration
-
There will be a single, neutral arbitrator, who will be either a lawyer admitted to practice in the relevant
jurisdiction with at least 10 years’ experience, or a retired judge selected in accordance with the rules of the American Arbitration Association (AAA), who will
be bound by the terms of this agreement.
- The arbitration rules (Commercial Arbitration
Rules or Consumer Arbitration Rules of the AAA), as modified by this agreement will apply.
- All
arbitration proceedings will be conducted in English.
- Except for claims or counter-claims seeking
less than US$25,000, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based and the
award will be confidential and only disclosed as is necessary to obtain judgment or as otherwise required by law.
Costs
The Filing fee is payable by whoever initiates the arbitration. If an award is made in your favor we will reimburse you the filing fee if paid by you. We may reimburse or
advance you the filing fee or other expenses if we are satisfied there is good reason to do so (e.g. you cannot afford the fees). The arbitration rules will apply in
respect of all other fees and expenses and each party will bear its own legal costs and expenses, unless the arbitrator determines otherwise.
Small Claims Court option
If you are an individual consumer, you may choose to resolve your claim in small claims court in your county of residence or in Santa Clara County, California
if you meet the court’s requirements.
Preservation of provisional remedies
Despite this arbitration clause, we will still be free to resort to self-help remedies or seek injunctive relief, attachment or garnishment orders at any time.
Conflicting terms
This arbitration agreement will prevail over any conflicting terms in the arbitration rules or any other applicable arbitration terms. If any part of this arbitration
agreement is deemed invalid or unenforceable it will not invalidate the other provisions of the arbitration agreement; provided, however, that (a) if the prohibition on
class-wide arbitration is deemed invalid, then this entire arbitration agreement will be null and void; and (b) if the prohibition on arbitration of representative claims
brought in a private attorney general capacity is deemed invalid, then the arbitration agreement will be null and void as to such claims only.
Waiver of jury trial
If for any reason a claim proceeds in court rather than through arbitration, you and we agree that there will not be a jury trial. You and we unconditionally
waive any right to trial by jury in any dispute that in any way relates to or arises out of the agreement or from any software or services. In the event of litigation,
this paragraph may be filed to show a written consent to a trial by the court. This paragraph in no way invalidates the agreement to arbitrate disputes.
For European Union Customers
Online Dispute Resolution Service (ODR) & Alternative
Dispute Resolution (ADR). We are required by law to provide a link from our website to the EU ODR Platform:
https://ec.europa.eu/info/live-work-travel-eu/consumers/resolve-your-consumer-complaint. We are not obligated to use ADR should you have a complaint with us.
If you do have a complaint with us which we cannot resolve using our internal complaints handling procedures, we will contact you by letter or email about whether we
are prepared to submit to ADR. You may contact us through our website.
Last Updated: November
30, 2022