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 don't accept the terms, click on the "Do Not Accept" button and do not install the Software. If you don't 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.
Privacy and Collection of System and Personal Information.
- Personal-Data Collection and Processing. We may collect, retain, and use specific identifiable data about you, your Computer, and your Computer's 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.
- 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.
- 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 up-to-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.
- 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.
License Grant. We grant you a nonexclusive, nontransferable, non-assignable, 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 Software's packaging or in the Software or Service Documentation. Some third-party 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 Device's 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 Device's 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 product's 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
WARRANTY AND DISCLAIMER.
- Limited Warranty. 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.
- 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 warranty are in addition to other rights and remedies of you may have under a law in relation to the goods or services to which the warranty relates. 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 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:
McAfee Australia Pty Ltd
201 Miller Street
North Sydney NSW 2060
- 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.
- 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.
- 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 SOFTWARE'S USE OR PERFORMANCE. WE DO NOT WARRANT OR GUARANTEE THAT THE SOFTWARE'S 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.
- 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.
LIMITATION OF DAMAGES AND REMEDIES.
- 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.
- 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).
- 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.
LIMITATION OF LIABILITY. 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.
Limitations on Use and License Restrictions.
- 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.
- 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:
- 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;
- make error corrections to or otherwise adapt or modify the Software or Service, or to create derivative works based on the Software or Service;
- provide false information or a false facial image or voice sample to:
- set up an account;
- attempt to gain unauthorized access to any systems or networks through hacking, password mining, or any other means; or
- use the Service to impersonate any person, business, or entity, including us or our employees and agents;
- use the Software or Service in any way to track or monitor the location or activities of any individual without the individual's express consent;
- 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;
- transmit content that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or otherwise tortious;
- infringes a third party's intellectual property rights;
- contains explicit or graphic descriptions or accounts of sexual acts; or
- illegally exploits or solicits personal information from a minor; or
- violates any applicable laws regarding national security or national secrets or laws relating to politically sensitive information, social order, public safety or public morality.
- 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;
- 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;
- encourage conduct that would constitute a criminal offense or give rise to civil liability;
- permit third parties to benefit from the use or functionality of the Software through a timesharing, service-bureau, or other arrangement;
- rent, lease, license, loan, or assign your rights to the Software or Service to another party; or
- engage in any activity that otherwise interferes with the use and enjoyment of the Software or Service by others, including:
- using the Software or Service in any way that may damage, disable, overburden, or impair our servers or networks;
- gathering personal information about other Service users for any reason; or
- transmitting, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages).
- 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.
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.
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.
- 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.
- 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.
The following provisions apply to Anti-Theft Software:
- End 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.
- System Requirements. You acknowledge that no system can guarantee absolute security under all conditions. Use of the Anti-Theft 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.
- Computer Synchronization. You must regularly connect your enrolled Computer to the Internet so that it can perform synchronization and location service functions with the product's system server. If you do not regularly synchronize your Computer online with the product's 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.
- Regular 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.
- No Liability.
- 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.
- We are not liable for any Service interruption or downtime because of maintenance or other reasons.
- 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.
- Effects 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.
- Effects 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.
Trial, Evaluation, Pre-Release, or Beta Software.
- No 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.
- Loss 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.
- Inapplicable 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.
Subscription Term and Automatic Renewal.
- Effective 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.
- Renewal 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.
- Automatic 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.
- Cancelling Your Automatic Renewal.
- 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 http://www.mcafee.com.
- 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.
- 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.
Termination of EULA: Regarding Software.
- You Actively Terminate the EULA. You may terminate this EULA at any time by destroying the Software and canceling your account.
- Automatic 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.
- Disposal 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.
Termination of Online Storage Software and Services.
- Termination. 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.
- Your 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.
Termination of Other Services.
- Refund 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.
- No 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.
- Data 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.
Account and Password Security.
- Account 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.
- Creating 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.
- Biometric 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.
- Security 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.
Your Stored Content.
When the Software or Service provides a feature to store or back up your Content with a McAfee server, including McAfee Mobile Security and Personal Locker online storage Software and Services, Sections 18.1 and 18.2 apply.
- Your Responsibilities. You represent and warrant that:
- you are the rightful owner of the Content you back up;
- you have obtained all rights necessary to store or back up the Content onto our server; and
- 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.
- Release. 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.
- Storage 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.
- Your Computer. You understand and agree that, if you use McAfee online storage or backup Software, it may install .NET framework on your Computer.
When the Service provides a feature to register any contact as a buddy, you must have the contact's 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.
Notice to United States Government End Users.
- Statutory 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).
- Governance 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.
The Software may contain features and functionality that allow you to protect sensitive information in files and folders on your Computer.
- Password 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.
- Encryption 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.
- Hard-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.
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.
Your use of the Software and its related Documentation, including technical data, may not be exported or re-exported 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 http://export.gov/ecr/eg_main_023148.asp.
Disclaimer for High-Risk Activities.
The Software is not fault-tolerant and is not designed or intended for high-risk activities such as use in hazardous environments requiring failsafe performance, including nuclear-facilities operations, aircraft-navigation 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.
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 free-software licenses. These licenses permit the user to copy, modify, and redistribute certain programs, or portions of them, and have access to the source code.
- Source 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 CD-ROM covered under the GPL, the source code is also made available on the CD-ROM.
- Broader 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.
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.
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.
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.
The substantive laws that govern this EULA and under which it is construed are determined by where the Software was acquired.
- State 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.
- 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.
- Japan Applies. If you acquired the Software in Japan, this EULA is governed by Japanese law without regard to its choice-of-law rules.
- Applicable Law for Europe. If you acquired the Software in the European Union, Iceland, Norway, or Switzerland, then national law applies.
- Applicable 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.
- Expressly 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.
- Rights 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.
- 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:
- 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").
- 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.
- 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 IN–PERSON OR BY PHONE. FOR CLAIMS OVER THIS AMOUNT, THE ARBITRATION WILL BE A HEARING IN PERSON.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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:
- 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;
- if Subsection 29.2 applies, the federal and provincial courts sitting in Toronto, Ontario;
- if Subsection 29.3 applies, the non-exclusive jurisdiction of the courts of Japan; and
- if Subsection 29.4 or Subsection 29.5 apply, the non-exclusive jurisdiction of the courts of Ireland.
- Entire 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.
- No Waivers. We do not waive any provision of this EULA unless we waive it in a signed writing.
- Severability. If any part of this EULA is for any reason held to be unenforceable, the rest of it remains fully enforceable.
- Headings. Headings are for convenience and do not affect the interpretation of this EULA.
- "Including"; "Includes." Unless the context requires otherwise, "including" means "including but not limited to" and "includes" means "includes but is not limited to."
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 email address registered to the account, to: McAfee, Inc., Attention: Customer Service, 2821 Mission College Blvd., Santa Clara, CA 95054.
- "Australian Consumer Law" means Schedule 2 of the Competition and Consumer Act 2010 (Cth);
- "Authorized Partner" means our distributors, resellers, service providers, and other business partners, including but not limited to Computer manufacturers.
- "Computer" 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.
- "Content" means any information, text, files, links, images, or other materials on your Computer(s).
- "Documentation" means explanatory materials in printed, electronic, or online form which are delivered with the Software or Service.
- "McAfee" means
- 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;
- 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
- 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.
- "PC" means a desktop or laptop Computer that is running the Windows Operating System.
- "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.
- "Personally 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.
- "Service" 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.
- "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.
- "Updates" means upgrades, modified or later versions, and updates to Software.
- "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.