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PC World Plus! (NZ) 2000 June
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EULA1YR.TXT
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1999-05-13
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McAfee Software End User License Agreement
NOTICE TO ALL USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT
( "AGREEMENT"), FOR THE LICENSE OF SPECIFIED SOFTWARE ("SOFTWARE")
BY NETWORK ASSOCIATES, INC. ("McAfee"). BY CLICKING THE ACCEPT
BUTTON OR INSTALLING THE SOFTWARE, YOU (EITHER AN INDIVIDUAL OR A
SINGLE ENTITY) CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS
AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS
AGREEMENT, CLICK THE BUTTON THAT INDICATES THAT YOU DO NOT ACCEPT
THE TERMS OF THIS AGREEMENT AND DO NOT INSTALL THE SOFTWARE. (IF
APPLICABLE, YOU MAY RETURN THE PRODUCT TO THE PLACE OF PURCHASE FOR
A FULL REFUND.)
1. License Grant. Subject to the payment of the applicable
license fees, and subject to the terms and conditions of this
Agreement, McAfee hereby grants to you a non-exclusive,
non-transferable right to use one copy of the specified version of
the Software and the accompanying documentation (the
"Documentation"). You may install one copy of the Software on one
computer, workstation, personal digital assistant, pager, "smart
phone" or other electronic device for which the Software was
designed (each, a "Client Device"). If the Software is licensed as
a suite or bundle with more than one specified Software product,
this license applies to all such specified Software products,
subject to any restrictions or usage terms specified on the
applicable price list or product packaging that apply to any of
such Software products individually.
a. Use. The Software is licensed as a single product; it may
not be used on more than one Client Device or by more than one
user at a time, except as set forth in this Section 1. The
Software is "in use" on a Client Device when it is loaded into
the temporary memory (i.e., random-access memory or RAM) or
installed into the permanent memory (e.g., hard disk, CD-ROM,
or other storage device) of that Client Device. This license
authorizes you to make one copy of the Software solely for
backup or archival purposes, provided that the copy you make
contains all of the Software's proprietary notices.
b. Server-Mode. You may use the Software on a Client Device as
a server ("Server") within a multi-user or networked
environment ("Server-Mode") only if such use is permitted in
the applicable price list or product packaging for the
Software. A separate license is required for each Client
Device or "seat" that may connect to the Server at any time,
regardless of whether such licensed Client Devices or seats are
concurrently connected to, accessing or using the Software.
Use of software or hardware that reduces the number of Client
Devices or seats directly accessing or utilizing the Software
(e.g., "multiplexing" or "pooling" software or hardware) does
not reduce the number of licenses required (i.e., the required
number of licenses would equal the number of distinct inputs to
the multiplexing or pooling software or hardware "front end").
If the number of Client Devices or seats that can connect to
the Software can exceed the number of licenses you have
obtained, then you must have a reasonable mechanism in place to
ensure that your use of the Software does not exceed the use
limits specified for the licenses you have obtained. This
license authorizes you to make or download one copy of the
Documentation for each Client Device or seat that is licensed,
provided that each such copy contains all of the
Documentation's proprietary notices.
c. Volume Licenses. If the Software is licensed with volume
license terms specified in the applicable price list or product
packaging for the Software, you may make, use and install as
many additional copies of the Software on the number of Client
Devices as the volume license authorizes. You must have a
reasonable mechanism in place to ensure that the number of
Client Devices on which the Software has been installed does
not exceed the number of licenses you have obtained. This
license authorizes you to make or download one copy of the
Documentation for each additional copy authorized by the volume
license, provided that each such copy contains all of the
Documentation's proprietary notices.
2. Term. This Agreement is effective for an unlimited duration
unless and until earlier terminated as set forth herein. This
Agreement will terminate automatically if you fail to comply with
any of the limitations or other requirements described herein.
Upon any termination or expiration of this Agreement, you must
destroy all copies of the Software and the Documentation. You may
terminate this Agreement at any point by destroying all copies of
the Software and the Documentation.
3. Updates. For the time period specified in the applicable price
list or product packaging for the Software you are entitled to
download revisions or updates to the Software when and as McAfee
publishes them via its electronic bulletin board system, website or
through other online services. For a period of ninety (90) days
from the date of the original purchase of the Software, you are
entitled to download one (1) revision or upgrade to the Software
when and as McAfee publishes it via its electronic bulletin board
system, website or through other online services. After the
specified time period, you have no further rights to receive any
revisions or upgrades without purchase of a new license or annual
upgrade plan to the Software.
4. Ownership Rights. The Software is protected by United States
copyright laws and international treaty provisions. McAfee and its
suppliers own and retain all right, title and interest in and to
the Software, including all copyrights, patents, trade secret
rights, trademarks and other intellectual property rights therein.
Your possession, installation, or use of the Software does not
transfer to you any title to the intellectual property in the
Software, and you will not acquire any rights to the Software
except as expressly set forth in this Agreement. All copies of the
Software and Documentation made hereunder must contain the same
proprietary notices that appear on and in the Software and
Documentation.
5. Restrictions. You may not rent, lease, loan or resell the
Software. You may not permit third parties to benefit from the use
or functionality of the Software via a timesharing, service bureau
or other arrangement, except to the extent such use is specified in
the applicable list price or product packaging for the Software.
You may not transfer any of the rights granted to you under this
Agreement. You may not reverse engineer, decompile, or disassemble
the Software, except to the extent the foregoing restriction is
expressly prohibited by applicable law. You may not modify, or
create derivative works based upon, the Software in whole or in
part. You may not copy the Software or Documentation except as
expressly permitted in Section 1 above. You may not remove any
proprietary notices or labels on the Software. All rights not
expressly set forth hereunder are reserved by McAfee. McAfee
reserves the right to periodically conduct audits upon advance
written notice to verify compliance with the terms of this
Agreement.
6. Warranty and Disclaimer.
a. Limited Warranty. McAfee warrants that for sixty (60) days
from the date of original purchase the media (e.g., diskettes)
on which the Software is contained will be free from defects in
materials and workmanship.
b. Customer Remedies. McAfee's and its suppliers' entire liability
and your exclusive remedy for any breach of the foregoing warranty
shall be, at McAfee's option, either (i) return of the purchase
price paid for the license, if any, or (ii) replacement of the
defective media in which the Software is contained. You must
return the defective media to McAfee at your expense with a copy of
your receipt. This limited warranty is void if the defect has
resulted from accident, abuse, or misapplication. Any replacement
media will be warranted for the remainder of the original warranty
period. Outside the United States, this remedy is not available to
the extent McAfee is subject to restrictions under United States
export control laws and regulations.
c. Warranty Disclaimer. Except for the limited warranty set forth
herein, THE SOFTWARE IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, MCAFEE DISCLAIMS ALL WARRANTIES,
EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE AND THE
ACCOMPANYING DOCUMENTATION. YOU ASSUME RESPONSIBILITY FOR
SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR
THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE
SOFTWARE. WITHOUT LIMITING THE FOREGOING PROVISIONS, MCAFEE MAKES
NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE OR FREE FROM
INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE WILL MEET YOUR
REQUIREMENTS. SOME STATES AND JURISDICTIONS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. The foregoing provisions shall be enforceable to the
maximum extent permitted by applicable law.
7. Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO
LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL MCAFEE
OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR FOR
ANY AND ALL OTHER DAMAGES OR LOSSES. IN NO EVENT WILL MCAFEE BE
LIABLE FOR ANY DAMAGES IN EXCESS OF THE LIST PRICE MCAFEE CHARGES
FOR A LICENSE TO THE SOFTWARE, EVEN IF MCAFEE SHALL HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
FURTHERMORE, SOME STATES AND JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. The foregoing
provisions shall be enforceable to the maximum extent permitted by
applicable law.
8. United States Government. The Software and accompanying
Documentation are deemed to be "commercial computer software" and
"commercial computer software documentation," respectively,
pursuant to DFAR Section 227.7202 and FAR Section 12.212, as
applicable. Any use, modification, reproduction, release,
performance, display or disclosure of the Software and accompanying
Documentation by the United States Government shall be governed
solely by the terms of this Agreement and shall be prohibited
except to the extent expressly permitted by the terms of this
Agreement.
9. Export Controls. Neither the Software nor the Documentation
and underlying information or technology may be downloaded or
otherwise exported or re-exported (i) into (or to a national or
resident of ) Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or
any other country to which the United States has embargoed goods;
or (ii) to anyone on the United States Treasury Department's list
of Specially Designated Nations or the United States Commerce
Department's Table of Denial Orders. By downloading or using the
Software you are agreeing to the foregoing and you are certifying
that you are not located in, under the control of, or a national or
resident of any such country or on any such list.
IN ADDITION, YOU SHOULD BE AWARE OF THE FOLLOWING: EXPORT OF THE
SOFTWARE MAY BE SUBJECT TO COMPLIANCE WITH THE RULES AND
REGULATIONS PROMULGATED FROM TIME TO TIME BY THE BUREAU OF EXPORT
ADMINISTRATION, UNITED STATES DEPARTMENT OF COMMERCE, WHICH
RESTRICT THE EXPORT AND RE-EXPORT OF CERTAIN PRODUCTS AND TECHNICAL
DATA. IF THE EXPORT OF THE SOFTWARE IS CONTROLLED UNDER SUCH RULES
AND REGULATIONS, THEN THE SOFTWARE SHALL NOT BE EXPORTED OR
RE-EXPORTED, DIRECTLY OR INDIRECTLY, (A) WITHOUT ALL EXPORT OR
RE-EXPORT LICENSES AND UNITED STATES OR OTHER GOVERNMENTAL
APPROVALS REQUIRED BY ANY APPLICABLE LAWS, OR (B) IN VIOLATION OF
ANY APPLICABLE PROHIBITION AGAINST THE EXPORT OR RE-EXPORT OF ANY
PART OF THE SOFTWARE. SOME COUNTRIES HAVE RESTRICTIONS ON THE USE
OF ENCRYPTION WITHIN THEIR BORDERS, OR THE IMPORT OR EXPORT OF
ENCRYPTION EVEN IF FOR ONLY TEMPORARY PERSONAL OR BUSINESS USE.
YOU ACKNOWLEDGE THAT THE IMPLEMENTATION AND ENFORCEMENT OF THESE
LAWS IS NOT ALWAYS CONSISTENT AS TO SPECIFIC COUNTRIES. ALTHOUGH
THE FOLLOWING COUNTRIES ARE NOT AN EXHAUSTIVE LIST THERE MAY EXIST
RESTRICTIONS ON THE EXPORTATION TO, OR IMPORTATION OF, ENCRYPTION
BY: BELGIUM, CHINA (INCLUDING HONG KONG), FRANCE, INDIA,
INDONESIA, ISRAEL, RUSSIA, SAUDI ARABIA, SINGAPORE, AND SOUTH
KOREA. YOU ACKNOWLEDGE IT IS YOUR ULTIMATE RESPONSIBILITY TO
COMPLY WITH ANY AND ALL GOVERNMENT EXPORT AND OTHER APPLICABLE
LAWS AND THAT MCAFEE HAS NO FURTHER RESPONSIBILITY AFTER THE
INITIAL SALE TO YOU WITHIN THE ORIGINAL COUNTRY OF SALE.
10. High Risk Activities. The Software is not fault-tolerant and
is not designed or intended for use in hazardous environments
requiring fail-safe performance, including without limitation, in
the operation of nuclear facilities, aircraft navigation or
communication systems, air traffic control, weapons systems, direct
life-support machines, or any other application in which the
failure of the Software could lead directly to death, personal
injury, or severe physical or property damage (collectively, "High
Risk Activities"). McAfee expressly disclaims any express or
implied warranty of fitness for High Risk Activities.
11. Miscellaneous. This Agreement is governed by the laws of the
United States and the State of California, without reference to
conflict of laws principles. The application of the United Nations
Convention of Contracts for the International Sale of Goods is
expressly excluded. This Agreement sets forth all rights for the
user of the Software and is the entire agreement between the
parties. This Agreement supersedes any other communications with
respect to the Software and Documentation. This Agreement may not
be modified except by a written addendum issued by a duly
authorized representative of McAfee. No provision hereof shall be
deemed waived unless such waiver shall be in writing and signed by
McAfee or a duly authorized representative of McAfee. If any
provision of this Agreement is held invalid, the remainder of this
Agreement shall continue in full force and effect. The parties
confirm that it is their wish that this Agreement has been written
in the English language only.
12. MCAFEE CUSTOMER CONTACT. If you have any questions concerning
these terms and conditions, or if you would like to contact McAfee
for any other reason, please call (408) 988-3832, fax (408)
970-9727, or write: McAfee Software, 3965 Freedom Circle, Santa
Clara, California 95054. http://www.mcafee.com.
Statements made to you in the course of this sale are subject to
the Year 2000 Information and Readiness Disclosure Act (Public Law
105-271). In the case of a dispute, this Act may reduce your legal
rights regarding the use of any statements regarding Year 2000
readiness, unless otherwise specified in your contract or tariff.