Intel Security License Agreement

Thank you for using Intel Security software and services (“Software”), provided by
McAfee, a wholly owned subsidiary of Intel Corporation. This is a legal agreement
between us—installing or accessing our Software means you are agreeing to these
terms, so please read them carefully.

This Intel Security License Agreement (“Agreement”) covers your rights to use the
Software, restrictions on that use, our right to automatically renew and charge you
for paid versions or features of the Software, and your agreement to arbitrate any
dispute that may arise between us. We have included links to additional terms, such
as our Privacy Notice (https://www.mcafee.com/common/privacy/english/index.htm),
which are important and together create this legal agreement that applies to you.
Country-specific terms are located in the last section of the Agreement.

If you are under the age of 18, you are not permitted to use the Software 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.

1. Accepting this Agreement and Modifications – By clicking an acceptance button

and installing the Software, you agree unconditionally to be bound by this
Agreement and acknowledge that it is enforceable as a written contract signed by
you. If you do not unconditionally agree to all of these terms, do not install, use
or access this Software. To the extent any translated version of this Agreement
conflicts with the English version, the English version controls. WE MAY MODIFY
THIS AGREEMENT, INCLUDING THE CONFIDENTIAL ARBITRATION AND DISPUTE RESOLUTION
PROVISION BELOW, FROM TIME TO TIME AT OUR SOLE DISCRETION FOR ANY REASON. For
example, we may need to reflect changes in the law or updates in how the Software
works. If we make material changes to this Agreement, such changes will be
effective only after we communicate with you via the contact information you
provided (or through other means) and give you an opportunity to review and accept
or reject the updated Agreement within 30 days. All other changes to the Agreement
will be effective immediately. It is very important that you keep your account
information, including email address and other contact information, current. If you
do not agree to the Agreement as amended, then you may continue to use the version
of the Software you purchased for the current term of the Agreement, but you may
not update the Software or renew the Agreement. If you withdraw your acceptance of
this Agreement, you will need to uninstall and discontinue your use of the Software
at that time. If you violate this Agreement, we may terminate your access to and
use of the Software.

2. License to Use – We are pleased to grant you a nonexclusive limited license

to install the Software for personal use in accordance with the terms and
conditions of this Agreement. This license is limited to the number of your devices
your subscription entitles you to, is nontransferable and is revocable by us as
provided in this Agreement.

We, along with our suppliers and partners, retain ownership our respective Software
and all rights related to the Software, 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, which
we consider “Feedback,” you allow us to use your Feedback without restriction, for
any purpose and without compensation to you.

Your use of the Software is limited to devices and operating systems we support 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. System
requirements are available on our website.

3. Term of Agreement – This Agreement is effective for the subscription term you
purchased unless terminated earlier as permitted below. For paid versions of the
Software, if no term was specified, the default term is one year from the date you
first acquired the Software. For free versions of the Software, including 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 (“Free Software”), this Agreement
is effective for as long as we make the Software available to you. We may choose to
provide you Free Software during or after your paid subscription and any use is
subject to the terms of this Agreement for as long as the Free Software is in use.
We may terminate this Agreement at our option if you fail to comply with its terms
and conditions. You may also terminate this Agreement prior to the expiration of
the term by permanently erasing the Software from your devices and canceling your
account with us. If this Agreement is terminated, you must stop using the Software
and, if you have not done so, you must permanently erase all copies of the
Software.

If the Agreement terminates for any reason or expires, you will no longer be
authorized to use or access the Software, 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 this Agreement expires or is terminated. We
are not responsible for giving you a copy of your Content. Use of Software, at any
time, is governed by the terms of this Agreement.

4. AUTOMATIC RENEWAL, CANCELLATION AND REFUND – YOU AGREE TO ALLOW US TO

AUTOMATICALLY RENEW YOUR PAID SUBSCRIPTION. BEFORE YOUR TERM EXPIRES, WE WILL SEND
A NOTICE TO THE E-MAIL ADDRESS YOU PROVIDED WHEN YOU SUBSCRIBED, INFORMING YOU OF
THE UPCOMING RENEWAL. YOU WILL BE CHARGED THE RETAIL PRICE FOR THE SOFTWARE AS
LISTED ON OUR WEBSITE AT THE TIME OF RENEWAL, EXCLUDING ANY PROMOTIONAL OR DISCOUNT
PRICING. WE WILL SEND YOU VIA EMAIL A RECEIPT CONFIRMING THE RENEWAL DATE, PRICE,
TERM AND ANY APPLICABLE TAXES. IF, AT THE TIME OF RENEWAL, THE SOFTWARE HAS BEEN
RENAMED, UPGRADED OR REPLACED WITH A NEW PRODUCT OFFERING WITH COMPARABLE FEATURES
(“REPLACEMENT”), WE MAY, AT OUR DISCRETION, AUTOMATICALLY RENEW YOUR SUBSCRIPTION
WITH THE REPLACEMENT FOR NO MORE THAN THE UNDISCOUNTED RETAIL PRICE OF YOUR
ORIGINAL SUBSCRIPTION, PLUS ANY APPLICABLE TAX.

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 ANY CHANGES TO THE TERMS AND CONDITIONS OF YOUR SUBSCRIPTION.

ANY TIME AFTER PURCHASING A SUBSCRIPTION, YOU MAY CHANGE YOUR AUTOMATIC RENEWAL
SETTINGS BY ACCESSING YOUR ONLINE ACCOUNT PAGE OR CONTACTING CUSTOMER SERVICE. IF
YOU DO NOT WISH TO BE AUTOMATICALLY RENEWED, YOU MUST TURN OFF OR CANCEL AUTO-
RENEWAL AT LEAST THIRTY DAYS BEFORE YOUR SUBSCRIPTION EXPIRES. IF YOU DO NOT TURN
OFF OR CANCEL AUTO-RENEWAL, YOUR SUBSCRIPTION WILL CONTINUE UNTIL IT IS CANCELED BY
YOU (OR TERMINATED BY MCAFEE PURSUANT TO THIS AGREEMENT).

If you have a monthly subscription, cancelling will not retroactively refund

subscription payments, and previously charged subscription fees cannot 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 McAfee of your cancellation.

For paid subscriptions other than monthly, you may end your use of the Software at
any time and we will offer a refund (for the current term only) if requested within
60 days of purchase or renewal by contacting Customer Service. If you contact
Customer Service to cancel your subscription more than 60 days after purchase or
renewal, you are not entitled to a refund for any fees that you may have paid in
advance for the current term, and you will remain liable for all fees you incur or
accrue during the current term.

You are responsible for ensuring that your billing information is current,
complete, and accurate. If we experience a problem processing payment using the
information you originally provided, we may seek to complete your transaction
directly through your credit or debit account with your financial institution to
prevent an interruption in service.

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.

5. Privacy – We care deeply about your privacy and security and your online
safety is a significant part of our essential mission. In order to provide services
to you, we may collect and process personal and machine data, including sensitive
information (e.g., biometrics, health related data, financial/billing information,
and geo-location) in accordance with our Privacy Notice
(https://www.mcafee.com/common/privacy/english/index.htm). We may transfer and
process such data in the United States and other countries where we or our service
providers have facilities. You agree that any use of the Software and any
collection, processing, or sharing of information through the Software is governed
by our Privacy Notice in effect at the time of your use.

We will periodically send you communications from the Intel Security family of
companies related to the Software (including email, SMS/text, and in-product
messaging) to keep you informed about important information related to your
account, subscription, or Software you are entitled to receive. With your
permission (implied or express), we will 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.

6. Limits on Use – In order for us to keep the Software safe and available for
everyone to use, we have to place some restrictions on what you can do with it. The
Software 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 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 your country. You may not: reverse-engineer or otherwise
try to derive source code from the Software, unless allowed by law; adapt or modify
the Software or create derivative works based on the Software; publish, copy (other
than backup copies if permitted by your subscription), sell, lend, rent,
sublicense, assign or in any other way transfer the Software to anyone else;
exploit the Software for any commercial purposes; attempt to circumvent technical
protection measures in the software; use the Software to violate the law; or engage
in any activity that interferes with anyone else’s use of the Software. 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 may contain enforcement technology that limits the size of
content storage, bandwidth consumption, or the number of devices on which the
Software may be installed or that allows us to suspend your access to the Software
if you have violated this Agreement or if your subscription has expired.

7. Support, Updates & Product Lifecycle – End users with unexpired, paid
subscriptions will receive technical support in accordance with our current
standard-support offerings, policies, and procedures as described on our website.
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 on your devices automatically when available, to the extent that it
is possible for us to run such background installations. 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 McAfee Product Life Cycle page.

8. Terms That Apply to Specific Offers, Products or Features

Family Safety and Multi-User Products: To use any family safety 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 authorization to 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, 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: McAfee “Life of Your (Device)” subscription

can be applied to a single Windows PC or Android mobile device (“Your Device”) if
included in your purchase of Your Device, or on no more than three of Your Devices
if you purchased the McAfee “Life of Your (Device) subscription separately. Once
properly installed onto Your Device, the McAfee “Life of Your (Device)”
subscription will be active for the remainder of Your Device’s useful life, and you
are entitled to English-language telephone and web-based technical support during
normal business hours for one year, and English-language web-based technical
support, as long as the operating system currently installed on Your Device is not
more than two versions older than the most-current version (for example, “Windows
8.x” or “Android 4.x” , for the industry-standard useful life of Your Device
(industry standard useful life for a PC is 5-7 years, or 3 years for a tablet or
smartphone). The McAfee “Life of Your (Device)” subscription is not transferable or
movable to any other person, PC, or device in any event or under any circumstance.
If you sell or otherwise transfer Your Device to another person prior to the end of
Your Device’s useful life, your McAfee “Life of Your (Device)” subscription will
void and terminate, and the subsequent owner of Your Device will not have the right
to install, use, or possess the McAfee “Life of Your (Device)” subscription. Any
attempt to transfer, move, or reinstall the McAfee “Life of Your (Device)”
subscription on another PC or device, or to install the subscription on more than
the original PC or device, or original three PCs or devices, as applicable, will
void and terminate your right to install, use, or possess the McAfee “Life of Your
(Device)” subscription. In order to stay current and receive support, you must
update your McAfee “Life of Your (Device)” software periodically and upgrade to the
latest version of the same McAfee product level of software. If at any time, you
decide to upgrade to a different McAfee product other than the McAfee “Life of Your
(Device)” subscription, that product upgrade: (1) will be subject to payment of
that product’s subscription/license fee; (2) will NOT be a ” Life of Your
(Device)” license; and (3) your subscription and license to McAfee “Life of Your
(Device)” subscription will automatically terminate without notice or refund of
money previously paid.

McAfee SECURE: The McAfee SECURE service is a paid service for website owners that
examines their websites for potential vulnerabilities on a daily basis, and, if no
issues are found, enables the site to display a McAfee SECURE trustmark. The
McAfeeSECURE.com domain has additional specific terms governing the McAfee SECURE
service at this link:http://www.mcafeesecure.com/us/terms.jsp.

Passwords and Identity Management: You are responsible for the security of your
password and for 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.

SiteAdvisor: SiteAdvisor is a software program and website that provides users with
an opinion to guide users about certain risks that may be associated with a
website. The SiteAdvisor software displays color-coded symbols next to links
provided by major search engines, and the SiteAdvisor.com site has dossier pages to
provide information on the factors that affect the site rating. The SiteAdvisor
site ratings are primarily derived using automated methods; the software cannot
detect or examine every possible aspect of website design, nor can it determine the
intent of the site owner. McAfee does not control or assume responsibility for the
content of the third-party sites, and some of the third-party sites may have
content that you find objectionable, inappropriate, or offensive. THE SITEADVISOR
SITE RATINGS ARE NOT A GUARANTEE OF ANY PARTICULAR SITE’S SPECIFIC PRACTICES OR
TRUSTWORTHINESS, AND IN NO CASE DO THE SITEADVISOR SITE RATINGS REPRESENT AN
ENDORSEMENT BY MCAFEE OF THE SITE’S CONTENT, GENERAL SUBJECT MATTER, OVERALL
QUALITY, OR USEFULNESS.

9. Binding Arbitration and Class Action Waiver

Agreement to Arbitrate Disputes: Any claim, dispute or controversy (“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 claims relating to the enforceability or
interpretation of any of these arbitration provisions. However, we will not demand
arbitration pursuant to this Agreement in connection with any individual claim that
you properly file and pursue in a small-claims court of your state or municipality,
so long as the claim is pending only in that court and the claim is on an
individual (non-class, non-representative) basis.

This agreement to arbitrate includes all controversies and claims of any kind,
regardless of the type of claim or legal theory or remedy (damages, injunctive
relief, or declaratory relief). The disputes subject to this arbitration agreement
include not only claims by you, but also made on your behalf or connected with you,
such as an employee, representative, agent, predecessor, successor, heir, assignee,
or trustee in bankruptcy. Disputes subject to this arbitration agreement include
not only claims that relate directly to us, but also to our parent, affiliates,
successors, assignees, employees, and agents. This agreement to arbitrate includes
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,
PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE CLAIMS MAY BE PURSUED IN
ARBITRATION, NOR MAY SUCH ACTION BE PURSUED IN COURT, IF EITHER YOU OR WE ELECT
ARBITRATION, 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: If either of us intends to seek arbitration, the party seeking

arbitration must first notify the other party of the dispute in writing at least 30
days in advance of initiating arbitration. Notice should be sent to McAfee, Inc.,
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 McAfee will attempt to resolve any
dispute through informal negotiation within 60 days from the date of the Notice of
Dispute is sent. After 60 days, you or McAfee may commence arbitration.

Administration of Arbitration: If you and McAfee do not resolve any dispute by

informal negotiation or in small claims court, any claim, dispute, or controversy
will be conducted exclusively by binding arbitration governed by the Federal
Arbitration Act (“FAA”), and not state law. YOU ARE GIVING UP THE RIGHT TO
LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT
BEFORE A JUDGE OR JURY. Instead, all disputes will be resolved on an individual
basis before a single, neutral arbitrator and the proceeding shall be confidential.
The arbitrator will be either a lawyer admitted to practice law in his or her
jurisdiction and with at least ten years’ experience or a retired or former judge
selected in accordance with the rules of the AAA. The arbitrator is bound by the
terms of this Agreement, and the arbitration shall be governed by the Commercial
Arbitration Rules and Supplementary Procedures for Consumer Related Disputes of the
AAA, as modified by this Agreement (the “Arbitration Rules”). For more
information, see adr.org or call 1-800-778-7879.

Except with respect to any claims or counterclaims seeking less than $25,000, the
arbitrator shall issue a reasoned, written decision sufficient to explain the
essential findings and conclusions on which the award is based. All arbitration
proceedings shall be conducted in English, and the United States FAA shall apply to
the Agreement and the binding arbitration. The award shall be confidential and
only disclosed as is necessary to obtain judgment or as otherwise required by law.

Where authorized by applicable law, the arbitrator’s award may include attorneys’
fees and other expenses. The arbitration award shall determine the rights and
obligations between the named parties only, and only in respect of 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, McAfee will
reimburse you for your filing fee. If there is a hearing, we will pay the fees and
costs for the first day of that 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 MCAFEE AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU
AND MCAFEE UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY DISPUTE THAT IN
ANY WAY RELATES TO OR ARISES OUT OF 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.

10. Law Covering This Agreement – Except as provided in Section 20 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 20 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 Texas, 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. 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, nor do we warrant or accept any liability for the
operation of your personal equipment that is used to access the Software. 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, 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 IS PROVIDED AS IS. YOU ARE RESPONSIBLE FOR SELECTING THE
SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, FOR INSTALLING AND USING THE SOFTWARE,
AND FOR THE RESULTS OBTAINED. WE DO NOT WARRANT OR GUARANTEE THE SOFTWARE’S USE OR
PERFORMANCE. WE DO NOT WARRANT OR GUARANTEE THAT THE SOFTWARE’S OPERATION WILL BE
FAILSAFE, UNINTERRUPTED, OR FREE FROM ERRORS OR DEFECTS, OR THAT THE SOFTWARE WILL
PROTECT AGAINST ALL POSSIBLE SECURITY THREATS (INCLUDING INTENTIONAL MISCONDUCT BY
THIRD PARTIES), THAT THERE WILL BE NO MALFUNCTIONS OR OTHER ERRORS IN THE SOFTWARE
CAUSED BY VIRUS, INFECTION, WORM OR SIMILAR MALICIOUS CODE NOT INTRODUCED OR
DEVELOPED BY US, OR THAT THE SOFTWARE 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 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 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.

12. Limitation of Liability – NO LIABILITY FOR NONDIRECT DAMAGES. UNDER NO

CIRCUMSTANCES ARE WE OR OUR SUPPLIERS, LICENSORS OR OTHER THIRD-PARTY SERVICE
PROVIDERS LIABLE TO YOU FOR ANY: (A) INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES; (B) THEFT OF PERSONALLY IDENTIFIABLE INFORMATION OR COST OF
PROCURING SUBSTITUTE SOFTWARE OR SERVICES, AND (C) DAMAGES FOR LOSS OF PROFITS,
LOSS OF GOODWILL, LOSS OF PERSONNEL SALARIES, WORK STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION, LOSS OF DATA, OR NEGLIGENCE OF ANY KIND, OR FOR ANY OTHER NONDIRECT
DAMAGE OR LOSS. IN NO EVENT WILL OUR, OUR AFFILIATES’ OR OUR SUPPLIERS’, LICENSORS’
OR OTHER THIRD-PARTY SERVICE PROVIDERS’ AGGREGATE LIABILITY TO YOU FOR DIRECT
DAMAGES UNDER THIS AGREEMENT EXCEED THE PRICE YOU PAID FOR THE APPLICABLE SOFTWARE,
OR US$ 100 (OR THE EQUIVALENT AMOUNT IN NATIONAL CURRENCY) IF YOU USED FREE
SOFTWARE. You agree to the limitations of liability in this Section 12 and
acknowledge that without your agreement to this term, the fee charged for the
Software would be higher. Nothing in this Agreement limits any rights you may have
under existing consumer-protection statutes or other applicable laws that may not
be waived by contract in your jurisdiction.

13. 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 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 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.

14. Third Party Programs – Some third-party materials included with the Software
may be subject to other terms and conditions, which are typically found in a “Read
Me” or an “About” file accompanying the Software. 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 any modifications to the Software, we will
make the source code available on request.

15. No Waiver – We do not waive any provision of this Agreement unless we waive
it in a signed writing.

16. 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.

17. Complete Agreement – This Agreement, including McAfee’s Privacy Policy which
is incorporated in this Agreement, constitutes the entire agreement between you and
us and governs your use of the Software. This Agreement completely replaces any
prior agreements between you and us in relation to the Software, and any other
communications, representations, or advertising relating to the Software. This
Agreement operates to the fullest extent permissible by law.

18. Licensing Entities – The Software is licensed to you by one of these McAfee
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
the United States, Mexico, Central America, South America, or the Caribbean;
• McAfee Security S.A.R.L. with offices located at 26, Boulevard Royal, 2449
Luxembourg, Luxembourg, if the Software is downloaded in Canada, 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-Chrome, Shibuya-ku, Tokyo 150-0043, Japan, if the Software is
downloaded in Japan.

19. How do I contact Intel Security/McAfee?

• Customer Service & Technical Support: https://service.mcafee.com
• Privacy: privacy@mcafee.com

20. Local Law – The subsections below contain information regarding the local
laws of certain jurisdictions that will apply to this Agreement and may supersede
certain provisions as referenced herein.

Australia – For consumers in Australia:

The benefits to you under the limited warranties in Section 11 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 Security S.a.r.l., with
offices located at 26, Boulevard Royal, 2440 Luxembourg, Luxembourg, but you may
call 1800 998 887 with questions regarding our warranty for Australian customers.
Any claims made under this warranty must be sent, at your expense, to the following
address:

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 McAfee at your
expense, with a copy of your receipt, within 14 days of discovering the defect.
McAfee will notify you of receipt within 14 days of receiving it.

THE DISCLAIMERS IN SECTIONS 11 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 12(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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