BEFORE YOU SELECT "I ACCEPT" DURING SOFTWARE INSTALLATION OR INTITIATION OF THE SERVICE, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This McAfee® Mobile Products End User License Agreement (the "EULA") is a legal agreement between you, either as an individual or as an entity ("You" or "Your") and McAfee, Inc., a Delaware corporation, with offices located at 2821 Mission College Blvd., Santa Clara, California 95054, if the Software or Service is purchased in the United States, Mexico, Central America, South America, or the Caribbean; (b) McAfee Security S.A.R.L with offices located at 26, Boulevard Royal, 2449 Luxembourg, Luxembourg, if the Software or Service is purchased in Canada, Europe, the Middle East, Africa, Asia, or the Pacific Rim; and (c) McAfee Co., Ltd. with offices located at Shibuya Mark City West Building 12-1, Dougenzaka 1-Chrome, Shibuya-ku, Tokyo 150-0043, Japan, if the Software or Service is purchased in Japan ("McAfee") regarding the use of the McAfee service, software and any associated software (including pre-release, beta and trial software) and user documentation, whether provided in "online" or electronic format you purchased, downloaded or subscribed to for your mobile device (the "Service").
BY INSTALLING THE SOFTWARE OR SELECTING "I ACCEPT" DURING INSTALLATION, YOU EXPLICITLY ACKNOWLEDGE AND AGREE THAT: (1) THIS IS A BINDING CONTRACT, AND (2) YOU HAVE READ AND AGREE TO THE TERMS OF THIS EULA.
IF YOU DO NOT ACCEPT THESE TERMS, THEN DO NOT INSTALL THE SOFTWARE AND CANCEL YOUR SERVICE.
Subject to payment of the applicable subscription fees and Your compliance with the terms and restrictions of this Agreement, McAfee agrees to provide You access to the features and benefits of the Service (described in the Service documentation) for the term of Your subscription. You agree that You: (1) understand the limits and restrictions of the Service, (2) to be bound by the limits of the Service as described herein, and (3) that You are at least 13 years old and have the legal capacity to enter into this Agreement as defined by Your jurisdiction. McAfee has right to terminate or suspend Your Service without prior notice in the event of a violation of these terms, and reserves all rights not expressly granted herein.
SOFTWARE LICENSE, SERVICE LIMITS AND RESTRICTIONS:
Software License: For the software necessary to operate or access the Service, McAfee grants You a non-exclusive, non-transferrable, personal, revocable license under its copyrights to download, install, and operate the software, its associated documentation, and any updates, upgrades, and repairs onto your personal mobile devices for the Service You purchased. This license applies only to the number of Software installations permitted by the Service you purchase. When the software automatically performs updates, upgrades or repairs, then You agree not to interfere with or prevent such activities.
Service Limits: McAfee, in its sole discretion, may establish policies and practices to modify the operation and availability of the Service to maximize the benefit for all Service users and to prevent abuse of the Service (e.g. modifying limits on content storage or bandwidth consumption). McAfee reserves the right to take technical and other remedies it deems appropriate to prevent abuse or excessive consumption of the Service that may be to the detriment of other Service users. If You use or require Service features that exceed the imposed limits, then You agree to contact McAfee to arrange a custom Service plan that meets Your requirements; You understand that a custom Service plan will have a different price, and may cost more, than the standard Service plan.
Ownership Rights: The Service is protected by the laws of the United States, international treaty provisions and other applicable laws in the country in which it is being used. McAfee and its suppliers own and retain all right, title and interest in and to the Service, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein. Your possession, installation, or use of the Service does not transfer to You any title to the intellectual property in the Service, and You will not acquire any rights to the Service except as expressly set forth in this Agreement. Any copy of the software and documentation authorized to be made hereunder must contain the same proprietary notices that appear on and in the software and documentation. To the extent you provide any comments or suggestions to McAfee, McAfee shall have the right to retain and use any such comments or suggestions regarding the Service in current or future products or services, without further compensation to you or without your approval.
McAfee reserves the right to terminate this Agreement, Your account and access to the Service if McAfee determines, in its sole discretion that You have or are attempting to:
(1) Exceed or violate the rights or service limits McAfee established for You, or otherwise violates this Agreement or any guidelines or policy posted on the McAfee website;
(2) Reverse engineer, disassemble, decompile or otherwise attempt to derive source code from the Service software, except to the extent the foregoing restriction is expressly prohibited by applicable law, or make error corrections to, or otherwise adapt or modify, or create derivative works based upon the Service software;
(3) Provide false information to set up an account, attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means, or otherwise use the Service to impersonate any person, business or entity, including McAfee or its employees and agents;
(4) Utilize the Service or any portion thereof as a means to track or monitor the location and activities of any individual without their express consent and authorization;
(5) Reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, the Service or any portion thereof, including without limitation any content other than Your personal digital content displayed in connection with the Services;
(6) Transmit content that is, without limitation: unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, or fraudulent; invasive of another's privacy; is tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts, or illegally exploits or solicits personal information from a minor;
(7) Victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
(8) Propagate software that contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
(9) Encourage conduct that would constitute a criminal offense, or that gives rise to civil liability; or
(10) Engage in any activity that otherwise interferes with the use and enjoyment of the Service by others, including without limitation: using the Service in any way that may damage, disable, overburden, or impair McAfee's servers or networks; harvesting personal information about other Service users for any reason; transmitting, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages).
Account Creation and Management - The Service is for your personal use only, to use for mobile devices that You own or are authorized to monitor and administer the Service. You may only use the Service for the number of devices or subscriptions described in your purchasing documentation. The Service may require You to create and manage your information and Service using an account on a McAfee website (https://home.mcafee.com/Secure/Protected/Login.aspx). When creating your account, You agree to completely and accurately provide the required information and to be responsible for ensuring Your billing information is current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify McAfee if your credit card is canceled (for example, for loss or theft). You are solely responsible for the activity that occurs on Your account, including the activity of others who are on Your account (for example, when Your subscription allows multiple users). You must keep your account password secure, and notify McAfee immediately of any breach of security or unauthorized use of your account.
Your Synchronized Content: When the Service provides a feature to synchronize (or "back up") any information, text, files, links, images, or other materials ("Content") on your device with a McAfee server, You represent and warrant that:
(1) You are the rightful owner of the Content You synchronize,
(2) You have obtained all rights necessary to synchronize the Content on to a McAfee server, and
(3) Neither the Content or nor the synchronizing of such Content to the Service infringes or violates the rights of third parties or any applicable laws.
You acknowledge and agree that McAfee has no obligation to enforce, defend or otherwise protect Your rights in synchronized Content, and You release McAfee and any of its affiliates (and its respective officers, directors, agents, subsidiaries and employees) from and against any and all claims, demands, losses, costs, expenses, liabilities and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to the Content or disputes with third parties regarding your rights in or to the Content. You further acknowledge and agree that You are legally liable for the Content (e.g., if the Content infringes 3rd party intellectual property or civil rights, is illegal, etc.).
You are solely responsible for the Content You store, make available or retrieve from Your account and from all public folders. McAfee is not liable for Your losses caused by any unauthorized use of Your account; however, You may be liable for the losses of McAfee or others due to such unauthorized use.
Buddy Registration: When the service provides a feature to register any contact as a buddy, you must ensure that you have such contact's consent before adding their contact details as a buddy. In the event a buddy requests deletion of their contact details from your buddy list you must immediately delete that person's contact details from your buddy list.
Termination: You may close Your Service account and end Your use of the Service at any time, for any reason or no reason, however, except as provided for auto-renewal of subscriptions, You will not receive a refund for any fees which You may have paid in advance (e.g. if you terminate your subscription early) and You shall remain liable for all fees incurred or accrued by You. Upon expiration or termination of the Service for any reason, You are no longer authorized to use or access the Service and Your account will be cancelled, closed, or both. You agree that, upon such termination, You will destroy and permanently erase all copies of the Software and that Your access rights to the Service will immediately terminate.
When Your account is closed, You understand that You will no longer have access to your Content stored on the Service and the Content will deleted by McAfee according to its policies. You are responsible for storing or backing up your Content elsewhere before cancelation or termination of your account.
No Transfer of Service/ device ownership transfers: You may not rent, lease, license, loan or assign your rights to the Service or associated Software to another party. If You administer the Service on a mobile device and you transfer ownership of that device to someone else, then you must ensure any Software is deleted from that device and remove that device from your account.
Automatic Renewal: Subscription-based Services provided under this EULA may automatically renew at the end of the subscription period to prevent lapse in service. If no term is agreed, the default term shall be one (1) year from date of purchase, except with regards to a free version of the Service for which the default term shall be, for so long as McAfee makes such Service available to you. You are responsible for ensuring that your billing information is correct and must promptly update all information to keep your account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify McAfee if your credit card has been cancelled, lost or stolen. Changes to billing information can be made at https://home.mcafee.com/Secure/Protected/Login.aspx. 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 cease use of the Services and destroy all copies of the Services.
Cancelling Subscription Auto-Renewal: If you do not desire to have Your subscription automatically renewed, then You must, inform McAfee of Your intent before the expiration of Your subscription term by updating the auto-renewal information in Your Service account. If Your subscription was automatically renewed and You request a refund of the subscription price within sixty days of the renewal (or any such longer period that McAfee may, in its sole discretion, allow), then McAfee will refund the full subscription price to You using the payment information on file in Your Service account. You are required to notify McAfee to cancel this charge using your Service account or by contacting McAfee customer support.
TRIAL OR EVALUATION SERVICE
ANY SERVICE OR PORTIONS OF THE SERVICE PROVIDED TO YOU ON A "TRIAL" OR "EVALUATION" BASIS IS PROVIDED TO YOU "AS IS", WITH NO WARRANTY, INDEMNITY OR SUPPORT WHATSOEVER, EXPRESS OR IMPLIED, FROM MCAFEE. The Sections of this EULA entitled "Limited Warranty" and "Customer Remedies" specifically do not apply to Trial or Evaluation Service. Without limiting the foregoing, McAfee makes no warranty that the Service will be error-free or free from interruptions or other failures or that the software will meet your requirements.
ANY SERVICE OR PORTIONS OF THE SERVICE LABELLED AS "BETA", "PRE-RELEASE", OR ARE OTHERWISE DESCRIBED AS EXPERIMENTAL, UNTESTED OR NOT FULLY FUNCTIONAL ("PRE-RELEASE PRODUCT(S)") ARE PROVIDED TO YOU "AS IS", WITH NO WARRANTY, INDEMNITY, OR SUPPORT WHATSOEVER, EXPRESS OR IMPLIED, FROM McAFEE. The Sections of this EULA entitled "Limited Warranty" and "Customer Remedies" specifically do not apply to Pre-Release Service or software.
If you provide any information, advice, opinion, or recommendations to McAfee regarding the Service or any portion of the Service to McAfee ("Feedback"), you grant to McAfee a worldwide, non-exclusive, royalty-free, irrevocable license to use, copy, make copies, distribute, display, perform and otherwise commercialize the Feedback at McAfee's sole discretion. Unless specifically provided by a separate agreement, McAfee will have no obligation to exercise this license or to provide payment or other form of compensation for the Feedback.
DATA FEES AND OTHER SERVICE PROVIDER CHARGES, EQUIPMENT COSTS
Data Service Charges: You are responsible for any charges incurred with Your mobile service provider as a result of the Service, including any overage and penalties assessed for exceeding the limits imposed by Your mobile service provider. Certain benefits and features of the Service require access to and communication with McAfee servers through Your mobile service provider's network, consuming data or minute allowance limits you purchased from Your mobile service provider, such as: software downloads and updates, Content synchronization, collection of device information necessary to provision the Service, etc.
Equipment: You are responsible for the cost of Your equipment and to ensure that Your equipment meets the system requirements of the Service, including obtaining updates or upgrades from time to time from your mobile device service provider in order to continue using the Service. McAfee may modify system requirements or the Service software at any time. MCAFEE DOES NOT WARRANT OR GUARANTEE THAT ANY PARTICULAR MOBILE DEVICE, COMPUTER OR ANY OTHER DEVICE WILL BE COMPATIBLE OR FUNCTION WITH THE SERVICE, NOR DOES MCAFEE WARRANT OR ACCEPT ANY LIABILITY FOR OPERATION OF YOUR PERSONAL EQUIPMENT USED TO ACCESS THE SERVICE. Necessary equipment may include: a mobile device, a GSM mobile connection (supporting SMS and data connection), a computer, Internet access, 3rd party software, etc.
The Service may require the collection and transfer of data or other information to McAfee servers to provide the features and benefits offered by the Service (e.g. back up service, implement Service improvements).
Collection of System and Personal Information:
McAfee Services provided under this EULA may employ applications and tools to retrieve information about You and Your mobile device (e.g., your Content, device ID, location, etc.) to enable provisioning and support of Service features (e.g., Content synchronization, device tracking, Service improvements, etc.). Some of this information may be personally identifiable information and include sensitive data stored in files on Your mobile device. This information is essential to enable McAfee to improve Service quality and to provide You with the Service features You subscribed to and up-to-the-minute threat protection; for these reasons there is no opt-out available for this information collection. By using the Service and accepting these terms You agree to the backup and storage of this data by McAfee and its service providers. You agree that McAfee and its service providers may copy and store such data (including personally identifiable and sensitive data which you made part of your Content or provided in Your Account) in the United States, Europe, or other countries or jurisdictions outside of Your own as part of the Service.
Device Tracking: The Service provides a means by which You can track the location of your mobile device, implement certain security features remotely and to back up and restore your Content. You agree that these functions are for Your personal use only, and that You will not use them to perform or engage in activities that are unauthorized or otherwise illegal, including without limitation: harassing or stalking persons who have not provided express consent.
WARRANTY, REMEDIES, DISCLAIMER, LIABILITY LIMITATIONS, AND GENERAL TERMS
Limited Warranty. McAfee warrants (manufacturer warranty) that for thirty (30) days from the date of original purchase, the paid version of the Software will operate substantially in accordance with the Documentation and that the media (e.g., CD ROM), if any, on which the Software is contained and provided to you will be free from defects in materials and workmanship.
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 your place of purchase at your expense with a copy of your receipt. This limited warranty is void if the defect has resulted from accident, abuse, or misapplication by You. 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.
Warranty Disclaimer. Except for the limited warranty set forth herein, THE SOFTWARE IS PROVIDED "AS IS" AND McAfee MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW, MCAFEE, ITS SUPPLIERS, AND AUTHORIZED PARTNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE. 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 PROTECT AGAINST ALL POSSIBLE THREATS OR BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS.
Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL MCAFEE, OR ITS AUTHORIZED PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR LOSS OF PROFITS, LOSS OF GOODWILL, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR NEGLIGENCE OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY OTHER DAMAGE OR LOSS. IN NO EVENT SHALL MCAFEE, OR ITS AUTHORIZED PARTNERS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE PRICE PAID FOR THE SOFTWARE, IF ANY, EVEN IF MCAFEE, OR ITS AUTHORIZED PARTNERS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This limitation shall not apply to liability for death or personal injury to the extent that applicable law prohibits such limitation. FURTHER, NOTHING IN THIS AGREEMENT WILL DIMINISH ANY RIGHTS YOU MAY HAVE UNDER EXISTING CONSUMER PROTECTION LEGISLATION OR OTHER APPLICABLE LAWS IN YOUR JURISDICTION THAT MAY NOT BE WAIVED BY CONTRACT. McAfee is acting on behalf of its suppliers and Authorized Partners for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.
(1) US Govt. End Users: 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 US 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.
(2) Encryption Feature Specific Notice: The Software provided may contain features and functionality that allows You to protect sensitive information in files and folders on Your Computer using a password to encrypt and protect such information. You may be required to provide a challenge question to enable recovery of a forgotten your password. If You lose or forget the password and challenge question, you will not be able to recover the information you have encrypted. You acknowledge that encryption level used by the Software should protect your information from average computer users, but may be broken by sophisticated users, certain software programs and government entities. You understand that weak passwords (less than seven characters, no numbers or special characters, all one case) lessen the protection value encryption. You acknowledge hardware failures may also prevent decryption of Your information. McAfee is not responsible for loss of your information where You have provided Your password to a third party or have failed to use reasonable efforts to protect such information, password, answers to challenge questions or for user error.
(3) Export Control: The Service is subject to export controls under the U.S. Export Administration Regulations. Therefore, the Service may not be exported or re-exported to entities within, or residents or citizens of, embargoed countries or countries subject to applicable trade sanctions, or to prohibited or denied persons or entities without proper government licenses. Information about such restrictions can be found at the following websites: http://www.treas.gov/ofac/ and www.bis.doc.gov/complianceandenforcement/ListsToCheck.htm. As of the Date of this Agreement, countries embargoed by the U.S. include Cuba, Iran, North Korea, Sudan and Syria. You are responsible for any violation of the U.S. export control laws related to the Service. By accepting this Agreement, you confirm that you are not a resident or citizen of any country currently embargoed by the U.S. and that you are not otherwise prohibited from receiving any part of the Service.
(4) High Risk Activities: The Software is not fault-tolerant and is not designed or intended for control of devices that require fail-safe performance, where the failure of the Software could lead directly to death, personal injury, or severe physical or property damage. MCAFEE EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.
(5) Governing Law: This Agreement will be governed by and construed in accordance with the substantive laws in force: (a) in the State of New York, if You purchased the Software in the United States, Mexico, Central America, South America, or the Caribbean; (b) in Luxembourg; if You purchased the Software in Canada, Europe, Middle East, Africa, Asia, or the region commonly known as the Pacific Rim; and (c) in Japan if You purchased the Software in Japan. If You purchased the Software in any other country, then the substantive laws of Luxembourg, all apply, unless another law is required to be applied. The United States District Court for the Southern District of New York and the State Courts in New York County, New York, when New York law applies, the courts of Luxembourg, when the law of Luxembourg applies, and, the courts of Japan when Japanese law applies shall each have non-exclusive jurisdiction over all disputes relating to this Agreement. This Agreement will not be governed by the conflict of laws rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If You are an individual consumer, this shall not affect any mandatory right you may have to take action in your country of residence and under the laws of that country.
(6) Open Source Software: The Service may make use of software code licensed under open source software models. When required, McAfee distributes the source code in accordance with the applicable open source license, and your rights to that source code are governed by the applicable open source license.
(7) Audit: McAfee reserves the right to periodically audit Your use of the Service to ensure that You are not using the Service in violation of this Agreement. By entering into this Agreement, You agree to the transfer of information related to such audits to McAfee's offices in the United States and other countries outside of your own.
(8) Advertising: Some McAfee Software may display advertisements or search boxes. The manner, mode and extent of advertising by McAfee through its Software are subject to change. As consideration for your use of McAfee Software, You agree that McAfee shall not be responsible or liable for any loss or damage associated with any third party advertisers or sites You may chose to contact.
(9) Entire Agreement: This Agreement sets forth all of your rights, and is the entire Agreement between You and McAfee, for the Service. This Agreement supersedes any other communications, oral or written, and any representations or advertising relating to the Service. No provision hereof shall be deemed waived unless such waiver is in writing and signed by McAfee. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
(10) Changes to this Agreement: McAfee may make changes to this Agreement from time to time. The changes will be effective from the date on which they are published at http://www.mcafeemobilesecurity.com. You understand and agree that your use of the Service after the date of publication shall constitute your acceptance of the updated Agreement. If You do not agree with the updated Agreement, You may terminate Your use of the Service in accordance with this Agreement.
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, you may contact your local McAfee entity at Customer Contact or write: McAfee, Inc., Attention: Customer Service, 2821 Mission College Blvd., Santa Clara, California 95054.
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