Thank you for using Intel Security software (“Software”) and services (each such service is a “Service”) provided by the applicable entity identified in Section 19 (“Intel Security”, “we” or “us”), a wholly owned subsidiary of Intel Corporation. This is a legal agreement between you and us—installing or accessing our Software, or using a Service, means you are agreeing to these terms, so please read them carefully.
This Intel Security License Agreement (“Agreement”) sets forth the terms and conditions that govern your rights to use the Software and Services, including restrictions on that use, our right to automatically renew and charge you for paid versions or features of the Software or Service, and your agreement to arbitrate any dispute that may arise between you and us. Software includes free versions of the Software, including (i) any features included in a paid subscription for which we no longer charge or which we offer to you at no charge in our sole discretion, and (ii) any feature that we give you on a trial, courtesy or evaluation basis or that is labeled as “Pre-Release,” “Limited Release,” “Beta” or otherwise described as experimental, untested, or not fully functional (each “Free Software”); and Services include any services that we provide without charge to you as a courtesy and in our sole discretion, which may be labeled similar to Free Software and may be experimental, untested or not fully functional (each a “Courtesy Service”). We have included links to additional terms, such as our Privacy Notice, which are important and together create this legal agreement that applies to you. Country-specific terms are located in the Sections 4, 9, 19 and 21 of the Agreement.
If you are under the age of 18, you are not permitted to use the Software or Service, or provide your personal information to us without the consent of your parent or guardian who must first accept this Agreement and administer the Software on your behalf. If you have accepted multiple versions of the Intel Security License Agreement, the most recent version that you have accepted is the Agreement between us and supersedes and replaces all prior versions.
Accepting this Agreement and Modifications – By clicking an acceptance button and/or installing or accessing the Software and/or Service, you agree unconditionally to be bound by the Agreement and acknowledge that it is enforceable as a written contract signed by you. If you do not unconditionally agree to all of these terms, do not install, use or access the Software or Service. To the extent any translated version of this Agreement conflicts with the English version, the English version controls.
WE MAY MODIFY THIS AGREEMENT, INCLUDING THE CONFIDENTIAL ARBITRATION AND DISPUTE RESOLUTION PROVISION BELOW, FROM TIME TO TIME.
For example, we may need to modify the Agreement to reflect changes in the law or to the Software. It is very important that you keep your account information current, including your email address and other contact information. If we make material changes to this Agreement, we will update the Intel Security License Agreement posted on our website, and at the time of renewal communicate the updated Agreement to you via the contact information you provided (or through other means, for example by providing a current link to the effective Agreement) so that you have an opportunity to review the updated Agreement and to accept or reject the updated Agreement as set out below.
For paid subscriptions, you accept change(s) to this Agreement by renewing the subscription, and the updated Agreement with the change(s) will be effective upon such renewal of your subscription. If you do not agree to the Agreement as amended, then you must reject the changes by turning off auto renewal and uninstalling the Software and ceasing all use of any Service at the end of the subscription term.
For Free Software and Courtesy Services you accept change(s) to this Agreement by continuing to use the Free Software or Courtesy Service after the notice described in this section. If you reject the updated Agreement, your license to the Free Software or Courtesy Service is terminated and you must cease all access to and use of the Courtesy Service or Free Software and uninstall the Free Software.
Notwithstanding the foregoing, any changes to the Privacy Notice will be made in accordance with the process specified in the Privacy Notice.
License to Use – We are pleased to grant you a nonexclusive limited license: (i) to install and use any Software for which you have purchased a subscription for personal use only for the number of devices and users specified in your License Entitlement, in accordance with the terms and conditions of this Agreement and subject to the System Requirements; and (ii) to use any Service for which you have purchased a subscription, for personal use only, as permitted under your Service Entitlement, in accordance with the terms and conditions of this Agreement and subject to the System Requirements. This license (“License”) is nontransferable and is revocable by us as provided in this Agreement. This License terminates as set forth in Section 3. You must immediately cease all use of Software and Services upon such termination.
“License Entitlement” means the number and type of devices and users that are permitted to use the Software, as specified on transaction documents associated with your purchased subscription, which (depending upon the channel from which you purchased the license) may include: the checkout payment page, a product description page on our website, the email confirmation that we send for the purchase, the package if purchased at a retail store, or another transactional document made available to you. If no licensed device count and/or user count is specified on any of the foregoing, the License Entitlement is one device and one user.
“Service Entitlement” means the scope and duration of the services that you have purchased, as specified on transaction documents associated with your purchased subscription, which (depending upon the channel from which you purchased the license) may include: the checkout payment page, a product description page on our website, the email confirmation that we send for the purchase, the package if purchased at a retail store, or another transactional document made available to you. If no scope or duration is specified on any of the foregoing, the Service Entitlement is to one device, for one user, for one year.
“System Requirements” means the requirements set forth on our website. Your use of the Software and Services is limited to devices and operating systems we support, as specified in the System Requirements, and may be affected by the performance and compatibility of your hardware, software and Internet access. Meeting system requirements is your responsibility and you are responsible for the cost of your equipment, which may include obtaining updates or upgrades from time to time in order to continue using the Software.
We, along with our suppliers and partners, retain ownership of our respective Software and Services and all rights related to the Software and Services, including all intellectual property rights. The only rights we grant you are those rights expressly stated in this Agreement. Also, if you provide us any comments, information, opinions, or suggestions on the Software or Services, which we consider “Feedback,” you agree to allow us to use your Feedback without restriction, for any purpose and without compensation to you.
Term of License – For paid subscriptions, the License is effective for the subscription term you purchased and each subsequent term that you renew, unless terminated earlier or later as permitted below; and if no term was specified, the default term is one year from the date you first acquired the subscription. Your renewal (or continued use after the subscription term) constitutes your acceptance of and agreement to the Agreement then in effect at such renewal or continued use period. For Free Software and Courtesy Services, the License is effective for as long as the Free Software is installed or we otherwise make the Free Software or Courtesy Services available to you and will remain subject to any limitations in the License Entitlement or Service Entitlement, as applicable. We may choose to provide you Free Software or a Courtesy Service prior to, during, or after your paid subscription and any use is subject to the terms of the Agreement then in effect for as long as the Free Software is installed or the Free Software or Courtesy Services are used. We may terminate the License and/or the Agreement then in effect at our option if you fail to comply with or violate these terms and conditions. You may also terminate the License prior to the expiration of the term by permanently erasing the Software from your devices and canceling your account with us. If the License is terminated, you must stop using the Software and, if you have not done so, you must permanently erase all copies of the Software. Unless terminated in accordance with this provision, the Agreement shall remain in effect for so long as you use or retain possession or control of any Software or Service.
If the License and/or Agreement terminates for any reason or expires, you will no longer be authorized to use or access the Software or Services, including any online storage or backup services, and we may cancel and/or close your account at our sole discretion. After the termination or expiration date, we will follow our standard policies to delete any of your online stored or backed-up information, text, files, links, images or other materials provided to us (“Content”). It is your responsibility to store or backup your Content elsewhere before the License and/or this Agreement expires or is terminated. We are not responsible for giving you a copy of your Content. Use of Software and Services, at all times, is governed by the terms of the Agreement then in effect.
PAYMENT, AUTOMATIC RENEWAL, CANCELLATION AND REFUND –
YOU AGREE THAT WE MAY CHARGE THE CREDIT OR DEBIT CARD ACCOUNT OR OTHER PAYMENT DEVICE YOU PROVIDED FOR ALL AMOUNTS YOU OWE UNDER THIS AGREEMENT, INCLUDING ANY RENEWALS. YOU AGREE TO NOTIFY US PROMPTLY OF ANY CHANGE IN YOUR CARD ACCOUNT NUMBER OR EXPIRATION DATE OR OTHER PAYMENT INFORMATION. FOR CREDIT AND DEBIT CARDS, YOU UNDERSTAND AND AGREE THAT WE MAY ALSO UPDATE SUCH INFORMATION WITH THE ASSISTANCE OF YOUR CARD ISSUER AND THE RELEVANT CARD NETWORK AND WE MAY USE THE UPDATED CARD INFORMATION TO CHARGE AMOUNTS YOU OWE US. UNLESS YOU CANCEL YOUR SUBSCRIPTION, THIS WILL SERVE AS YOUR CONSENT FOR YOUR CARD OR PAYMENT DEVICE TO BE CHARGED.
You are responsible for any charges incurred with your data- or mobile-service provider in connection with your use of the Software, including any overage and penalties assessed for exceeding your data or minute allowance, or use of domestic or international short message service.
YOU AGREE TO ALLOW US TO AUTOMATICALLY RENEW YOUR PAID SUBSCRIPTION. BEFORE YOUR TERM EXPIRES, WE WILL SEND A NOTICE TO THE E-MAIL ADDRESS IDENTIFIED IN YOUR ACCOUNT PROFILE, INFORMING YOU OF THE UPCOMING RENEWAL. YOU WILL BE CHARGED THE UNDISCOUNTED SUBSCRIPTION PRICE FOR THE SOFTWARE OR SERVICE AS LISTED ON OUR WEBSITE AT THE TIME OF RENEWAL, EXCLUDING ANY PROMOTIONAL OR DISCOUNT PRICING (“UNDISCOUNTED SUBSCRIPTION PRICE”). SUCH UNDISCOUNTED PRICING MAY BE FOUND ON OUR WEBSITE. THIS PRICE MAY CHANGE DURING A SUBSCRIPTION TERM, AND MAY BE HIGHER THAN THE PRICE PAID FOR AN INITIAL SUBSCRIPTION OR MANUAL RENEWAL AND HIGHER THAN PROMOTIONAL OR DISCOUNTED PRICES THAT MAY BE AVAILABLE AS OF THE DATE OF AUTOMATIC RENEWAL. WE WILL SEND YOU VIA EMAIL A RECEIPT CONFIRMING THE RENEWAL DATE, PRICE, TERM AND ANY APPLICABLE TAXES. IF, AT THE TIME OF RENEWAL, THE SOFTWARE OR SERVICE HAS BEEN RENAMED, UPGRADED OR REPLACED BY A NEW OFFERING WITH REASONABLY COMPARABLE FEATURES (“REPLACEMENT”), WE MAY, AT OUR DISCRETION, AUTOMATICALLY RENEW YOUR SUBSCRIPTION WITH THE REPLACEMENT FOR NO MORE THAN THE UNDISCOUNTED SUBSCRIPTION PRICE OF THE REPLACEMENT.
UPON RENEWAL, 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, THE RENEWAL AND YOUR PAYMENT WILL BE PROCESSED WITHIN 30 DAYS OF THE CURRENT TERM EXPIRATION DATE AND EACH ANNIVERSARY THEREAFTER. WE WILL INFORM YOU OF YOUR ACCOUNT STATUS AND COMMUNICATE TO YOU THE AGREEMENT THEN IN EFFECT (FOR EXAMPLE BY PROVIDING A LINK TO THE AGREEMENT).
ANY TIME AFTER PURCHASING A SUBSCRIPTION, YOU MAY TURN OFF AUTOMATIC RENEWAL BY ACCESSING YOUR ONLINE ACCOUNT PAGE OR CONTACTING CUSTOMER SERVICE. IF YOU DO NOT WISH TO BE AUTOMATICALLY RENEWED, YOU MUST TURN OFF AUTO-RENEWAL AT LEAST THIRTY DAYS BEFORE YOUR SUBSCRIPTION EXPIRES. IF YOU DO NOT TURN OFF AUTO-RENEWAL, YOUR SUBSCRIPTION WILL CONTINUE FOR THE RENEWAL TERM UNDER THE AGREEMENT IN EFFECT AT THE TIME OF EACH RENEWAL UNLESS IT IS CANCELED BY YOU (OR TERMINATED BY US PURSUANT TO THIS AGREEMENT).
TURNING OFF AUTOMATIC RENEWAL WILL DISCONTINUE ANY PREMIUM FEATURES AND/OR SERVICES THAT WE OFFER EXCLUSIVELY TO SUBSCRIPTION CUSTOMERS WHO HAVE SIGNED UP FOR AUTOMATIC RENEWAL AND HAVE PROVIDED A VALID CREDIT OR DEBIT CARD ACCOUNT OR OTHER PAYMENT DEVICE.
If you have a monthly subscription, cancelling will not result in a retroactive refund of subscription payments, and previously charged subscription fees will not be pro-rated based on cancellation date. Cancelling a monthly subscription will stop the recurring fee going forward, and you will have access to your subscription until the end of the month in which you notified us of your cancellation.
We offer a money-back guarantee on most Software and Services if you are not satisfied with your product for any reason. However, eligibility for a refund depends on a number of factors including, but not limited to, the type of product, subscription term, duration since purchase, and where it was purchased. Shipping, handling, and any applicable tax are not refundable except in certain states and countries where these items are refundable. If you receive a refund for your purchase, you are obligated to uninstall the software. In addition the Software might, at our sole discretion, be disabled to prevent further use.
If you purchased an annual subscription to Software or a Service you must request a refund within 30 days of the subscription purchase. We do not provide partial refunds. The 30-day money back guarantee is not available for monthly subscribers.
If your annual subscription has been automatically renewed, we will provide you a full refund if your request is made within 60 days of being charged.
Any refund offered specifically in connection with a virus removal service does not apply in the event we successfully remove the malware or virus but the data that was deleted, encrypted or modified by such malware or virus could not be restored. Please refer to Section 11: Attacks on Data.
Please see our refund policy available on our website for additional information and instructions to obtain a refund.
Privacy – For more information on how we may collect and process information, please see our Privacy Notice We may transfer and process such data in the United States and other countries where we or our service providers have facilities.
We will periodically send you communications from the Intel Security family of companies related to the Software and Services (including email, SMS/text, and in-product messaging) to keep you informed about important information related to your account, subscription, Software or Service you are entitled to receive. We may also send you commercial messages such as special offers, promotions, contests/sweepstakes, and events from us and selected third parties. You can unsubscribe from these commercial messages at any time as set forth in the Privacy Notice.
Limits on Use – In order for us to keep the Software and Service safe and available for our customers to use, we have to place some restrictions on what you can do with it. The Software or Service is licensed to you, not sold, and it is protected by national and international laws and treaties in the United States and around the world. You do not have any right to reproduce or distribute the Software or Service without our permission, and if you do so you may be subject to fines or any other penalties allowed by the civil and criminal laws of the relevant jurisdiction. You may not: reverse-engineer or otherwise try to derive source code from the Software or Service, unless allowed by law; adapt or modify the Software or Service or create derivative works based on the Software or Service; publish, copy (other than backup copies if permitted by your subscription), sell, lend, rent, sublicense, assign or in any other way transfer the Software or Service to anyone else; exploit the Software or Service for any commercial purposes; attempt to circumvent technical protection measures in the software; use the Software or Service to violate the law; or engage in any activity that interferes with anyone else’s use of the Software or Service. If you have installed the Software 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 account with us. We have the right to terminate or suspend this Agreement, your account, and/or your access to the Software if, in our sole discretion, we determine that you have violated this Agreement. The Software or Service may contain enforcement technology that limits the size of content storage, bandwidth consumption, or the number of devices on which the Software or Service may be installed or that allows us to suspend your access to the Software or Service if you have violated this Agreement or if your License has expired or been terminated.
Support, Updates & Product Lifecycle – End users with qualifying, unexpired, paid subscriptions will receive technical support in accordance with our current standard-support offerings, policies, and procedures as described on our website. Not all subscriptions qualify for technical support. Consult your License Entitlement, Service Entitlement or Terms of Service for information regarding technical support and additional options. 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 an upgrade, modified or later version, or other update to the Software (“Update”) becomes available. For your convenience and to ensure that the Software on your devices includes new features that we develop, by agreeing to this Agreement you give us permission to install Updates and (at your request or with your consent) new Software on your devices automatically when available, to the extent that it is possible for us to run such background installations. We may also automatically pre-load Software, but will not activate such Software without your consent. Any Updates or end-user technical support provided for Free Software that may be provided are provided at our sole discretion and may be discontinued at any time.
From time to time, at our sole discretion, we may elect to discontinue certain Software or particular features of the Software. “End of Support” refers to the date when we no longer provide automatic fixes, updates or technical assistance for particular Software. If a renewal term for your subscription would expire past the End of Support, you may not be eligible to renew your subscription, except as otherwise provided by Section 4 of this Agreement. For more information, please visit the Product Lifecycle page.
Terms That Apply to Services, Specific Offers, Products or Features
Services: In addition to this Agreement, some Services that you purchase from us are subject to and governed by Terms of Service and any Service Entitlement published by us which are applicable to the purchased services and are available on our website. Security services must be updated to address new threats, to improve performance or efficiency, and for other business reasons. You acknowledge that we may modify the features and functionality of the Service during the subscription period. Such modifications shall not materially decrease the functionality of the Service. Some devices may not be able to receive the Services. To receive the Services, a high speed Internet connection is required and your device must meet the System Requirements.
Safe Family and Multi-User Products: To use any McAfee Safe Family or multi-user Software, you must be at least 18 years old, or, if you are under 18, you must be authorized by your parent or legal guardian to use the Software once your parent or legal guardian has accepted this Agreement and installed the Software on your behalf. If you are an adult, parent, or legal guardian, you may use the Software to track and monitor only your own children, children for whom you are the legal guardian, or others for whom you have legal authorization to track and monitor. You are responsible for obtaining authorization from any third party to whom you extend access to multi-user Software or Services that track and monitor.
Free, Trial, Evaluation, Pre-Release and Beta Products: If the Software that you download or otherwise receive is Free Software, then this section of the Agreement shall also apply. To the extent that any provision in this section is in conflict with any other term or condition in this Agreement, this section shall supersede such other term(s) and condition(s) with respect to such Free Software, but only to the extent necessary to resolve the conflict. All Free Software is provided as is, without any warranty (express or implied), indemnity, maintenance or support, express or implied, subject to any statutory rights that cannot be excluded or limited by law. You acknowledge that Free Software may contain bugs, errors and other problems that could cause system or other failures and data loss. You acknowledge that we have not promised or guaranteed to you that Free Software will be announced or made available to anyone in the future, that we have no express or implied obligation to you to announce or introduce Free Software, and that we are not obligated to introduce a product similar to or compatible with Free Software or any updates to any Free Software. Accordingly, you acknowledge that any use of the Free Software is entirely at your own risk.
“Life of Your (Device)” Subscription: 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 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 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.
Virus Removal and TechMaster Services: If your subscription includes Virus Removal Service, TechMaster Service or a similar service whereby we or one of our partners access your device to attempt removal of malware or perform other specified services, additional terms apply as may be specified in your Service Entitlement, and/or the Terms of Service published by us which are applicable to the purchased services and which are available on our website. Please refer to the Service Entitlement and the applicable Terms of Service for details.
We will make commercially reasonable efforts to perform virus removal Services. You understand and agree that not all viruses can be removed through the Services and we do not guarantee that we can remove all viruses from your device(s). To the extent permitted by applicable law, we will have no liability for loss of or recovery of data, software, or loss of use of systems(s) or networks arising out of the Services or any act or omission, including negligence, by us and/or our representatives. If we work with you on any password or other access control issues, we strongly recommend that you reset such passwords(s) immediately following the completion of the Services.
You agree that you are a legal license holder of the software on your device and your use of the Internet is solely at your own risk. By electing to receive the Services, you confirm that you (a) have full access to your hardware and software for which you are purchasing the Service, and (b) have completed a back-up onto separate media of any software or data on the hardware that may be impacted by the Services.
Passwords and Identity Management: You are responsible for the security of your password and for all aspects of keeping your account secure. You should keep your password and/or encryption key for your account secure because without them you may lose access to your data. You are solely responsible and liable for any activity that occurs under your account, including by anyone who uses your account. If there is any unauthorized use or access to your account, you must let us know immediately. We are not responsible for any loss caused by unauthorized use of or access to your account; however, you may be liable for any losses we or others suffer because of the unauthorized use.
WE DO NOT HAVE ACCESS TO MASTER PASSWORDS AND CANNOT RECOVER YOUR ENCRYPTED DATA IF YOU FORGET THE MASTER PASSWORD FOR ANY PASSWORD MANAGEMENT FEATURE OR PRODUCT.
We offer both free and premium versions of our password and identity management Software, and the free versions limit the maximum number of unique accounts (such as a website or application login) that you can store. If you have downloaded a premium version of the Software at no cost during a promotion, then when the promotional period ends you will not be permitted to add any new unique accounts if you have exceeded the maximum number permitted by the free version.
IN ADDITION, IF YOU ORIGINALLY DOWNLOADED SOFTWARE OR SERVICES FROM PASSWORDBOX UNDER ITS FREE-FOR-LIFE MEMBERSHIP PROGRAM OR A SIMILAR “LIFETIME” PROMOTION OR OFFER, THOSE PROMOTIONS OR OFFERS DO NOT APPLY AND ARE NOT TRANSFERABLE TO THE SOFTWARE.
If you download any Intel Security password or identity management Software, that download will be subject to all subscription fees that are published in connection with that download, as well as the terms and conditions of this Agreement.
WebAdvisor: McAfee WebAdvisor is a software program (with a corresponding website) that provides users with information to guide users about certain risks that may be associated with a website. The software displays color-coded symbols next to links provided by major search engines, and the corresponding websites have dossier pages to provide information on the factors that affect site ratings. The ratings are primarily derived using automated methods; the software cannot detect or examine every possible aspect of website design, nor can it determine the intent of the site owner. We do not control or assume responsibility for the content of the third-party sites, and some of the third-party sites may have content that you find objectionable, inappropriate, or offensive.
THE SITE RATINGS ARE NOT A GUARANTEE OF ANY PARTICULAR SITE’S SPECIFIC PRACTICES OR TRUSTWORTHINESS, AND IN NO CASE DO THE RATINGS REPRESENT AN ENDORSEMENT BY US OF THE SITE’S CONTENT, SUBJECT MATTER, OVERALL QUALITY, OR USEFULNESS.
Monitoring of Service Sessions: We and our partners may, but have no obligation to, monitor and record Services sessions, including telephone calls and online sessions for purposes of improving customer service, internal training and internal market research. You hereby grant us permission to monitor and record the Services and to use or disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request; to provide the Services to you or other users and to enhance the types of Services we may provide to you in the future. You also grant us permission to combine your information with that of others in a way that does not identify you or any individual personally to improve the Services, for training, for marketing and promotional purposes, and for other business purposes.
- Binding Arbitration and Class Action Waiver
For all non-European Union customers—
Agreement to Arbitrate Disputes: Any claim, dispute or controversy of any kind, regardless of the type of claim or legal theory or remedy (“Claim”) by either you or us against the other arising from, relating to or in any way concerning the Agreement, the Software, or any equipment, products, or services you receive from us (or from any advertising for any such products or services) shall, at the demand of either party, be resolved by confidential binding arbitration.
This agreement to arbitrate also includes: (i) claims relating to the enforceability or interpretation of any of these arbitration provisions; (ii) Claims by you, and also Claims made on your behalf or connected with you, such as an employee, representative, agent, predecessor, successor, heir, assignee, or trustee in bankruptcy; (iii) Claims that relate directly to us, and/or to our parent, affiliates, successors, assignees, employees, and agents; and (iv) Claims asserted as part of a class action, private attorney general or other representative action, it being expressly understood and agreed to that the arbitration of such claims must proceed on an individual (non-class, non-representative) basis and the arbitrator may award relief only on an individual (non-class and non-representative) basis.
YOU AND WE AGREE THAT NO CLASS ACTION, CONSOLIDATED ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE CLAIMS MAY BE PURSUED IN ARBITRATION, NOR MAY SUCH ACTIONS BE PURSUED IN COURT. BY ACCEPTING THIS ARBITRATION AGREEMENT, YOU AGREE TO WAIVE THE RIGHT TO INITIATE OR PARTICIPATE IN A CLASS ACTION, REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR CONSOLIDATED ARBITRATION IN ANY MATTER ENCOMPASSED BY THIS ARBITRATION PROVISION.
Notice of Dispute: The party seeking arbitration must first notify the other party of the dispute in writing at least 60 days in advance of initiating arbitration. Notice should be sent to Intel Security, 5000 Headquarters Drive, Plano, TX 75024, 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 will attempt to resolve any dispute through informal negotiation within 60 days from the date the Notice of Dispute is sent. After 60 days, you or we may commence arbitration.
Administration of Arbitration: If any dispute is not resolved by informal negotiation, any claim, dispute, or controversy will be, at the demand of either party, conducted exclusively by binding arbitration governed by the Federal Arbitration Act (“FAA”), and not state law.
YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY.
Instead, all disputes will be resolved on an individual basis before a single, neutral arbitrator and the proceeding shall be confidential. The arbitrator will be either a lawyer admitted to practice law in his or her jurisdiction and with at least ten years’ experience or a retired or former judge selected in accordance with the rules of the AAA. The arbitrator is bound by the terms of this Agreement, and the arbitration shall be governed by the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes of the AAA, as modified by this Agreement (the “Arbitration Rules”). For more information, see adr.org or call 1-800-778-7879.
Except with respect to any claims or counterclaims seeking less than $25,000, the arbitrator shall issue a reasoned, written decision sufficient to explain the essential findings and conclusions on which the award is based. All arbitration proceedings shall be conducted in English, and the United States FAA shall govern the interpretation, enforcement, and proceedings pursuant to the binding arbitration clause in this Agreement. The award shall be confidential and only disclosed as is necessary to obtain judgment or as otherwise required by law. You and we further agree that a judgment may be entered upon the award by any court having jurisdiction. The arbitration award shall determine the rights and obligations between the named parties only, and only in respect to the claims in arbitration, and shall not have any bearing on the rights and obligations of any other dispute.
Costs: The party initiating the arbitration shall pay the initial filing fee. If you file the arbitration and an award is rendered in your favor, we will reimburse your filing fee. We will pay the fees and costs for the first day of any hearing. All other fees and costs will be allocated in accordance with the arbitration rules. However, we will advance or reimburse filing and other fees if the arbitrator rules that you cannot afford to pay them or if you ask us and we determine there is a good reason for doing so. Each party shall bear the expense of their respective attorneys, experts, and witnesses and other expenses, regardless of who prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines.
Right to Resort to Provisional Remedies Preserved: Nothing herein shall be deemed to limit or constrain our right to resort to self-help remedies or to comply with legal process, or to obtain provisional remedies such as injunctive relief, attachment, or garnishment by a court having appropriate jurisdiction; provided, however, that you or we may elect to arbitrate any dispute related to such provisional remedies.
Conflicting Terms: In the event of a conflict between the Arbitration Rules and this arbitration agreement, this arbitration agreement shall govern. If any portion of this arbitration agreement is deemed invalid or unenforceable, it shall not invalidate the other provisions of the arbitration agreement; provided, however, that (a) if the prohibition on classwide arbitration is deemed invalid, then this entire arbitration agreement shall 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 shall be null and void as to such claims only. This arbitration agreement shall survive the termination or cancellation of this Agreement. In the event of a conflict between this arbitration agreement and any other applicable arbitration provision, this arbitration agreement shall control.
- 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 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.
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/consumers/odr/index_en.htm. 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.
Law Covering This Agreement – Except as provided in Section 21 below, this Agreement, the use of the Software, the relationship of the parties, and any disputes arising out of, concerning, or relating to the Agreement, including any disputes between you and us, will be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law principles, except that the FAA governs all provisions relating to arbitration. If for any reason, the laws of the State of New York are found not to apply, then, except as provided in Section 21 below, this Agreement, the use of the Software, the relationship of the parties, and any disputes arising out of, concerning, or relating to the Agreement, including any disputes between you and us, will be governed by and construed in accordance with the laws of the State of Delaware, excluding its conflict of law principles, except that the FAA governs all provisions relating to arbitration. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply to the Software.
Attacks on Data – You acknowledge that some security breaches involve attacks on data. For example, there are viruses and other malware that: (i) delete or destroy your data (sometimes individual files, but sometimes even an entire disk by corrupting a master boot record or other key element); (ii) modify your files (such as parasitic malware that attaches itself to a file and modifies the file to enable its own execution and/or propagation); and (iii) encrypt files on your drive (such as ransomware that uses asymmetric encryption). The best way for you to protect yourself from these types of attacks is frequent back-ups of your data to another device/location. That way, you have another copy of the data that the attacking software has deleted, modified, or destroyed. While we will use commercially reasonable efforts to remove the attacking malware or virus, it is your sole and exclusive responsibility to back-up all data and files on your device so that they can be restored in the event of an attack on your data. Without such a back-up, it may not be possible to restore the deleted/destroyed/modified data. We will have no liability for loss of or recovery of data, or files or loss of use of systems or networks arising from attacks on data.
Limited Warranties; Disclaimer of Other Warranties – For 30 days after the purchase date, for paid versions of the Software only, we warrant that the Software licensed under this Agreement (including updates provided during the warranty period but only until the warranty lapses) will perform substantially in accordance with the documentation provided by us in connection with that Software at the time of purchase, and that any tangible medium (such as a CD-ROM, but excluding 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 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. Your sole remedy, and our and our suppliers’ entire liability, in case of any breach of this limited warranty is that we will, at our option, refund the price you paid for the license, replace the defective medium that contains the Software, re-perform the Service, or 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. If the tangible 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.
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 THIS SECTION, THE SOFTWARE AND SERVICE IS PROVIDED AS IS. YOU ARE RESPONSIBLE FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, FOR INSTALLING AND USING THE SOFTWARE OR SERVICE, AND FOR THE RESULTS OBTAINED. WE DO NOT WARRANT OR GUARANTEE THE SOFTWARE’S OR SERVICE’S USE OR PERFORMANCE. WE DO NOT WARRANT OR GUARANTEE THAT THE SOFTWARE’S OR SERVICE’S OPERATION WILL BE FAILSAFE, UNINTERRUPTED, OR FREE FROM ERRORS OR DEFECTS, OR THAT THE SOFTWARE OR SERVICE WILL PROTECT AGAINST ALL POSSIBLE SECURITY THREATS (INCLUDING INTENTIONAL MISCONDUCT BY THIRD PARTIES), THAT THERE WILL BE NO MALFUNCTIONS OR OTHER ERRORS IN THE SOFTWARE OR SERVICE 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. 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.
The Software and Service 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, air traffic communication systems, weapons systems, direct life-support machines, or any other application in which the failure of the Software or Service 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.
Limitation of Liability – UNDER NO CIRCUMSTANCES ARE WE OR OUR SUPPLIERS, LICENSORS OR OTHER THIRD-PARTY SERVICE PROVIDERS 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) 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. IN NO EVENT WILL OUR, OUR AFFILIATES’ OR OUR SUPPLIERS’, LICENSORS’ OR OTHER THIRD-PARTY SERVICE PROVIDERS’ AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES UNDER THIS AGREEMENT EXCEED THE PRICE YOU PAID FOR THE APPLICABLE SOFTWARE, OR US$ 100 (OR THE EQUIVALENT AMOUNT IN NATIONAL CURRENCY) IF YOU USED FREE SOFTWARE. You agree to the limitations of liability in this Section 13 and acknowledge that without your agreement to this term, the fee charged for the Software would be higher. Nothing in this Agreement limits any rights you may have under existing consumer-protection statutes or other applicable laws that may not be waived by contract in your jurisdiction.
Government End Users and Export Control – The Software is commercial computer software under DFARS Section 217.7202, the Defense Federal Acquisition Regulations Supplement (codified under Chapter 2 in Title 48, Code of Federal Regulations). The accompanying documentation (if any) 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). Any use, modification, reproduction, release, performance, display, or disclosure of the Software or Service and accompanying documentation by the United States Government is governed solely by this Agreement and is prohibited except to the extent expressly permitted by this Agreement.
Your use of the Software or Service 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: https://www.treas.gov/ofac and https://export.gov/ecr/eg_main_022148.asp.
Third Party Programs – Some third-party materials included with the Software or Service may be subject to other terms and conditions, which are typically found in a “Read Me” or an “About” file accompanying the Software or Service. Those third-party materials may include software source code licensed by third parties under one or more open-source or free-software licenses, including the GNU General Public License (GPL), which are considered “Open Source Software.” The Open Source Software is licensed under terms and conditions different from this Agreement and may, in some cases, conflict with the terms of this Agreement and will apply instead of the terms of this Agreement. If an Open Source Software license requires us to distribute any source code related to the Software or Service or any modifications to the Software or Service, we will make the source code available on request.
No Waiver – We do not waive any provision of this Agreement unless we waive it in a signed writing.
Severability – If any part of this Agreement is for any reason held to be unenforceable, that part is, to that extent, deemed omitted, and the rest of it remains fully enforceable; PROVIDED HOWEVER, THAT THE ARBITRATION AGREEMENT SHALL NOT APPLY TO ANY CLAIMS AS TO WHICH THE LIMITATIONS ON CLASS ACTIONS OR CONSOLIDATED ARBITRATION ARE NOT PERMITTED BY APPLICABLE LAW.
Complete Agreement – This Agreement includes our Privacy Notice, and with respect to any services purchased from us the applicable Terms of Service, which are all incorporated into this Agreement. This Agreement constitutes the entire agreement between you and us and governs your use of the Software and services acquired hereunder. This Agreement supersedes any prior agreements between you and us in relation to the Software and any Service, and any other communications, representations, or advertising relating to the Software or Service.
Licensing Entities – The Software or Service is licensed to you by one of these legal entities:
McAfee, LLC a Delaware corporation, with offices located at 2821 Mission College Blvd., Santa Clara, California 95054, USA, if the Software is downloaded in North America, Central America, South America, or the Caribbean;
McAfee Ireland Limited, with offices located at Building 2000 City Gate, Mahon, Cork, Ireland if the Software is downloaded in Europe, the Middle East, Africa, Asia, or the Pacific Rim; or
McAfee Co., Ltd. with offices located at Shibuya Mark City West Building 12-1, Dougenzaka 1-Chome, Shibuya-ku, Tokyo 150-0043, Japan, if the Software is downloaded in Japan.
How do I contact Intel Security?
- Customer Service & Technical Support: https://service.mcafee.com
- Privacy: https://www-ssl.intel.com/content/www/us/en/forms/privacy-contact-us.html
Local Law – The subsections below contain information regarding the local laws of certain jurisdictions that will apply to this Agreement and may supersede certain provisions as referenced herein.
Australia – For consumers in Australia:
The benefits to you under the limited warranties in Section 12 of this Agreement 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 Schedule 2 of the Competition and Consumer Act 2010 (Cth) (“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, with offices located at Building 2000 City Gate, Mahon, Cork, Ireland, 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
For customers located in Australia, if a tangible medium on which software was delivered is defective, you must return the defective medium to us at your expense, with a copy of your receipt, within 14 days of discovering the defect. We will notify you of receipt within 14 days of receiving it.
THE DISCLAIMERS IN SECTION 12 DO NOT APPLY TO YOU TO THE EXTENT THAT AUSTRALIAN LAW 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.
THE LIMITATIONS ON LIABILITY SET FORTH IN SECTION 13(C) DO NOT APPLY TO CONSUMERS IN AUSTRALIA.
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.
Canada – If you downloaded the Software in Canada, unless expressly prohibited by local law, then this Agreement, the use of the Software, the relationship of the parties, and any disputes arising out of, concerning, or relating to the Agreement, including any disputes between you and us, will be governed by and construed in accordance with the laws in force in the Province of Ontario, Canada.
European Union, Iceland, Norway, or Switzerland – If you acquired the Software in the European Union, Iceland, Norway, or Switzerland, then national law of the country where you downloaded the Software applies.
Japan - If you downloaded the Software in Japan, then this Agreement, the use of the Software, the relationship of the parties, and any disputes arising out of, concerning, or relating to the Agreement, including any disputes between you and us, will be governed by and construed in accordance with Japanese law without regard to its choice-of-law rules.
Netherlands - For customers in the Netherlands, any automatic renewal of your original subscription will be for an indefinite term, billed in accordance with the terms of your subscription. 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. If you do not want your subscription to renew automatically you must turn off auto-renewal in your account settings 30 days before the expiration of your initial subscription.