EULA
EULA
1. GRANT OF LICENSE. HP grants you the following rights provided you comply
with all terms and conditions of this EULA:
a. Use. You may use the Software Product on a single computer ("Your Computer").
If the Software Product is provided to you via the internet and was originally
licensed for use on more than one computer, you may install and use the Software
Product only on those computers. You may not separate component parts of the
Software Product for use on more than one computer. You do not have the right to
distribute the Software Product. You may load the Software Product into Your
Computer's temporary memory (RAM) for purposes of using the Software Product.
b. Storage. You may copy the Software Product into the local memory or storage
device of the HP Product.
c. Copying. You may make archival or back-up copies of the Software Product,
provided the copy contains all of the original Software Product's proprietary notices
and that it is used only for back-up purposes.
d. Reservation of Rights. HP and its suppliers reserve all rights not expressly
granted to you in this EULA.
e. Freeware. Notwithstanding the terms and conditions of this EULA, all or any
portion of the Software Product which constitutes non-proprietary HP software or
software provided under public license by third parties ("Freeware"), is licensed to
you subject to the terms and conditions of the software license agreement
accompanying such Freeware whether in the form of a discrete agreement, shrink
wrap license or electronic license terms accepted at time of download. Use of the
Freeware by you shall be governed entirely by the terms and conditions of such
license.
f. Recovery Solution. Any software recovery solution provided with/for your HP
Product, whether in the form of a hard disk drive-based solution, an external media-
based recovery solution (e.g. floppy disk, CD or DVD) or an equivalent solution
delivered in any other form, may only be used for restoring the hard disk of the HP
Product with/for which the recovery solution was originally purchased. The use of
any Microsoft operating system software contained in such recovery solution shall
be governed by the Microsoft License Agreement.
4. TRANSFER.
a. Third Party. The initial user of the Software Product may make a one-time
transfer of the Software Product to another end user. Any transfer must include all
component parts, media, printed materials, this EULA, and if applicable, the
Certificate of Authenticity. The transfer may not be an indirect transfer, such as a
consignment. Prior to the transfer, the end user receiving the transferred product
must agree to all the EULA terms. Upon transfer of the Software Product, your
license is automatically terminated.
b. Restrictions. You may not rent, lease or lend the Software Product or use the
Software Product for commercial timesharing or bureau use. You may not
sublicense, assign or transfer the license or Software Product except as expressly
provided in this EULA.
7. TERM. This EULA is effective unless terminated or rejected. This EULA will also
terminate upon conditions set forth elsewhere in this EULA or if you fail to comply
with any term or condition of this EULA.
11. U.S. GOVERNMENT CUSTOMERS. Consistent with FAR 12.211 and 12.212,
Commercial Computer Software, Computer Software Documentation, and Technical
Data for Commercial Items are licensed to the U.S. Government under HP's standard
commercial license.
12. COMPLIANCE WITH EXPORT LAWS. You shall comply with all laws and
regulations of the United States and other countries ("Export Laws") to assure that
the Software Product is not (1) exported, directly or indirectly, in violation of Export
Laws, or (2) used for any purpose prohibited by Export Laws, including, without
limitation, nuclear, chemical, or biological weapons proliferation.
13. CAPACITY AND AUTHORITY TO CONTRACT. You represent that you are of
the legal age of majority in your state of residence and, if applicable, you are duly
authorized by your employer to enter into this contract.
14. APPLICABLE LAW. This EULA is governed by the laws of the country in which
the equipment was purchased.
15. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to
this EULA which is included with the HP Product) is the entire agreement between
you and HP relating to the Software Product and it supersedes all prior or
contemporaneous oral or written communications, proposals and representations
with respect to the Software Product or any other subject matter covered by this
EULA. To the extent the terms of any HP policies or programs for support services
conflict with the terms of this EULA, the terms of this EULA shall control.
The information contained herein is subject to change without notice. All other
product names mentioned herein may be trademarks of their respective companies.
To the extent permitted by applicable law, the only warranties for HP products and
services are set forth in the express warranty statements accompanying such
products and services. Nothing herein should be construed as constituting an
additional warranty. To the extent permitted by applicable law, HP shall not be liable
for technical or editorial errors or omissions contained herein.
817678-001
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.
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.
2. 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.
3. 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:
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.
Automatic Renewal:
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.
Cancellation:
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.
Refund:
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.
5. 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.
6. 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.
7. 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.
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.
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.
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.
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
http://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.
10. 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.
11. 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.
12. 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.
14. 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: http://www.treas.gov/ofac and
http://export.gov/ecr/eg_main_022148.asp.
15. 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.
16. No Waiver – We do not waive any provision of this Agreement unless we waive it in a
signed writing.
17. 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.
18. 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.
19. Licensing Entities – The Software or Service is licensed to you by one of these legal
entities:
· McAfee, Inc., 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.
· Privacy: https://www-ssl.intel.com/content/www/us/en/forms/privacy-contact-
us.html
21. 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.
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:
Legal Department
McAfee Australia Pty Ltd
Level 20
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.
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