 End User License Agreement

NOTICE TO ALL USERS: PLEASE READ THIS CONTRACT CAREFULLY.  
BY CLICKING THE ACCEPT BUTTON OR INSTALLING THE SOFTWARE, 
YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AGREE THAT 
THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT 
SIGNED BY YOU.  IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS 
AGREEMENT, CLICK ON THE BUTTON THAT INDICATES THAT YOU DO 
NOT ACCEPT THE TERMS OF THIS CONTRACT AND DO NOT INSTALL THE 
SOFTWARE.

1. Definitions.
a. "Software" means (a) all of the contents of the files, 
disk(s), CD-ROM(s) or other media (including electronic 
media) with which this Agreement is provided or such 
contents as are hosted by McAfee or its distributors, 
resellers, OEM/MSP partners, or other business partners 
(collectively "Authorized Partner(s)"), including but not 
limited to (i) McAfee or third party computer information or 
software; (ii) related explanatory materials in printed, 
electronic, or online form ("Documentation"); and (b) 
upgrades, modified or subsequent versions and updates 
including any virus or vulnerability updates (collectively 
"Updates"), and Software, if any, licensed to you by McAfee 
or an Authorized Partner as part of a maintenance contract 
or service subscription.
b. "Use" or "Using" means to access, install, download, copy 
or otherwise benefit from using the Software.
c. "Permitted Number" means one (1) unless otherwise 
indicated under a valid license (e.g., volume license) 
granted by McAfee.
d. "Computer" means a device that accepts information in 
digital or similar form and manipulates it for a specific 
result based upon a sequence of instructions.
e. "McAfee" means (a) McAfee, Inc., a Delaware corporation, 
with offices located at 3965 Freedom Circle, Santa Clara, 
California 95054, USA if the Software is purchased in the 
United States, Mexico, Central America, South America, or 
the Caribbean; (b) McAfee Ireland Limited, with offices 
located at 11 Eastgate Business Park, Little Island, Cork, 
Ireland if the Software 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, Dogenzaka 1-Chrome, Shibuya-ku, Tokyo 
150-0043, Japan if the Software is purchased in Japan.

2. License Grant.  Subject to the payment of the applicable 
license fees (where applicable), and subject to the terms 
and conditions of this Agreement, McAfee hereby grants to 
you a non-exclusive, non-transferable license to Use the 
Software subject to any restrictions or usage terms 
specified on the applicable price list, purchase agreement, 
and product packaging included as part of the Documentation. 
 Some third party materials included in the Software may be 
subject to other terms and conditions, which are typically 
found in a "Read Me" file or "About" file in the Software.

3. Term.  This Agreement is effective for the term set forth 
in the purchase order issued by you and which is accepted by 
McAfee or, alternatively, as set forth in the product order 
form issued by McAfee (the "Term").  If you issue a purchase 
order to an Authorized Partner and the terms and conditions 
as set forth in the license grant letter issued by McAfee or 
included in the Documentation conflicts with the terms and 
conditions included in the purchase order, then the terms 
and conditions specified in the grant letter or 
Documentation shall control.  Except for Evaluation 
Software, Beta Software or freeware which is subject to 
Section 7 below, if no Term is included in the above 
described materials, then the Term shall be for one (1) year 
from the date of purchase unless 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 cease use of the 
Software and destroy all copies of the Software and the 
Documentation.

4. Updates.  This license is limited to the version of the 
Software delivered by McAfee and does not include Updates, 
unless a separate maintenance contract is purchased or, 
alternatively, you have purchased a service subscription 
that entitles you to Updates as described in the 
Documentation.  After the specified maintenance period or 
service subscription period has expired, you have no further 
rights to receive any Updates without purchase of a new 
license to the Software.

5. Ownership Rights.  The Software is protected by United 
States' and other copyright laws, 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 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.  
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.

6. Multiple Environment Software/Multiple Language 
Software/Dual Media Software/Multiple 
Copies/Bundles/Updates.  If the Software supports multiple 
platforms or languages, if you receive the Software on 
multiple media, if you otherwise receive multiple copies of 
the Software, or if you receive the Software bundled with 
other software, the total number of your Computers on which 
all versions of the Software is installed may not exceed the 
Permitted Number.  If the Software is an Update to a 
previous version of the Software, you must possess a valid 
license to such previous version in order to Use the Update. 
 You may continue to Use the previous version of the 
Software on your Computer after you receive the Update to 
assist you in the transition to the Update, provided that 
the Update and the previous version are installed on the 
same Computer; the previous version or copies thereof are 
not transferred to another Computer unless all copies of the 
Update are also transferred to such Computer, and you 
acknowledge that any obligation McAfee may have to support 
the previous version of the Software ends upon availability 
of the Update.

7. Evaluation Product Additional Terms.  If the product you 
have received with this license has been identified as 
"Evaluation" Software, "Beta" Software or freeware, then the 
provisions of this section 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 supercede 
such other term(s) and condition(s) with respect to the 
Evaluation Software, Beta Software, or freeware, but only to 
the extent necessary to resolve the conflict.  You 
acknowledge that the Evaluation Software, Beta Software or 
freeware may contain bugs, errors and other problems that 
could cause system or other failures and data loss.  
Consequently, Evaluation Software, Beta Software, or 
freeware is provided to you "AS-IS", and McAfee disclaims 
any warranty or liability obligations to you of any kind.  
WHERE LEGAL LIABILITY CANNOT BE EXCLUDED, BUT MAY BE 
LIMITED, MCAFEE'S LIABILITY AND THAT OF ITS SUPPLIERS AND 
AUTHORIZED PARTNERS SHALL BE LIMITED TO THE SUM OF FIFTY 
DOLLARS (U.S. $50) IN TOTAL.  You acknowledge that McAfee 
has not promised or guaranteed to you that freeware or Beta 
Software will be announced or made available to anyone in 
the future that McAfee has no express or implied obligation 
to you to announce or introduce the Beta Software, and that 
McAfee may not introduce a product similar to or compatible 
with the Beta Software.  Accordingly, you acknowledge that 
any research or development that you perform regarding the 
Beta Software or any product associated with the Beta 
Software is done entirely at your own risk.  During the term 
of this Agreement, if requested by McAfee, you will provide 
feedback to McAfee regarding testing and use of the Beta 
Software, including error or bug reports; you agree to grant 
McAfee a perpetual, non-exclusive, royalty-free, worldwide 
license to use, copy, distribute, make derivative works and 
incorporate the feedback into any McAfee product at McAfee's 
sole discretion.  If you have been provided the Beta 
Software pursuant to a separate written agreement, your use 
of the Beta Software is also governed by such agreement.  
Upon receipt of a later unreleased version of the Beta 
Software or release by McAfee of a publicly released 
commercial version of the Beta Software, whether as a 
stand-alone product or as part of a larger product, you 
agree to return or destroy all earlier Beta Software 
received from McAfee and to abide by the terms of the End 
User License Agreement for any such later versions of the 
Beta Software.  Your Use of the Evaluation or Beta Software 
is limited to 90 days and use of freeware is available for 
only so long as McAfee makes the freeware available unless 
otherwise agreed to in writing by McAfee.  McAfee is under 
no obligation to continue providing freeware or to update 
such freeware.

8. Restrictions.  You may not sell, lease, license, rent, 
loan, resell or otherwise transfer, with or without 
consideration, the Software.  If you enter into a contract 
with a third party in which the third party manages your 
information technology resources ("Managing Party"), you may 
transfer all your rights to Use the Software to such 
Managing Party, provided that (a) the Managing Party only 
Uses the Software for your internal operations and not for 
the benefit of another third party; (b) the Managing Party 
agrees to comply with the terms and conditions of this 
Agreement, and (c) you provide McAfee with written notice 
that a Managing Party will be Using the Software on your 
behalf.  You may not permit third parties to benefit from 
the use or functionality of the Software via a timesharing, 
service bureau or other arrangement.  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.

9. Warranty and Disclaimer.
a. Limited Warranty.  McAfee warrants that for sixty (60) 
days from the date of original purchase 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.
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 you paid for the license, 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" AND MCAFEE 
MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE.  EXCEPT FOR 
ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT 
TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.  
MCAFEE, ITS SUPPLIERS AND AUTHORIZED PATNERS 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 BE ERROR-FREE OR 
FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE 
SOFTWARE WILL MEET YOUR REQUIREMENTS.

10. 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 GROSS 
NEGLIGENCE OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, 
DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, 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 DAMAGE IN EXCESS OF THE PRICE 
PAID FOR THE SOFTWARE, IF ANY, EVEN IF MCAFEE OR ITS 
AUTHORIZED PARTNERS OR SUPPLIERS SHALL 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.  
Furthermore, some jurisdictions do not allow the exclusion 
or limitation of incidental or consequential damages, so 
this limitation and exclusion may not apply to you.  Nothing 
contained in this Agreement limits McAfee's liability to you 
for McAfee's negligence or for the tort of fraud.  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.

11. Notice to United States Government 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 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.

12. Export Controls.  You acknowledge that the Software is 
subject to the export control laws and regulations of the 
United State of America ("US"), and any amendments thereof. 
 You shall not export or re-export the Software, directly or 
indirectly, to (i) any countries that are subject to US 
export restrictions (currently including, but not 
necessarily limited to, Cuba, Iran, Libya, North Korea, 
Sudan, and Syria); (ii) any end user known, or having reason 
to be known, will utilize them in the design, development or 
production of nuclear, chemical or biological weapons; or 
(iii) any end user who has been prohibited from 
participating in the US export transactions by any federal 
agency of the US government.  You further acknowledge that 
Software may include technical data subject to export and 
re-export restrictions imposed by US law.

13. 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.

14. 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 the Republic of Ireland, 
if you purchased the Software in Canada, Europe, Middle 
East, Africa, Asia, or the region commonly referred to 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 the Republic of 
Ireland shall apply, unless another local law is required to 
be applied.  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.  
The United States District Court for the Southern District 
of New York, and the Courts of New York County, New York, 
when New York law applies, the courts of the Republic of 
Ireland, when the law of Ireland applies,  and the courts of 
Japan when Japanese law applies, shall each have 
non-exclusive jurisdiction over all disputes relating to 
this Agreement.

15. Free Software.  This product includes or may include 
some software programs that are licensed (or sublicensed) to 
the user under the GNU General Public License (GPL) or other 
similar software licenses which, among other rights, permit 
the user to copy, modify and redistribute certain programs, 
or portions thereof, and have access to the source code.  
The GPL requires that for any software covered under the 
GPL, which is distributed to someone in an executable binary 
format that the source code also be made available to those 
users.  For any such software, the source code is made 
available in a designated directory created by installation 
of the Software or designated internet page.  If any Free 
Software licenses require that McAfee provide rights to use, 
copy or modify a software program that are broader than the 
rights granted in this agreement, then such rights shall 
take precedence over the rights and restrictions herein.

16. Privacy.  By entering into this Agreement, you agree 
that the McAfee privacy policy, as it exists at any relevant 
time, shall be applicable to you. The most current privacy 
policy can be found on the McAfee web site (www.McAfee.com). 
By entering into this Agreement, you agree to the transfer 
of your personal information to McAfee's offices in the 
United States and other countries outside of your own.

17. Collection of Certain System Information.  McAfee 
employs certain applications and tools through its website 
and within the McAfee Software, to retrieve information 
about your computer system to assist us in the provision and 
support of Software that you have chosen to subscribe to or 
use. This information is essential to enable us to provide 
you with quality service and up to the minute threat 
protection; and for these reasons, there is no opt-out 
available for this information collection.

18. Audit.  McAfee may, at its expense and upon reasonable 
notice to you, perform an audit of your compliance with the 
terms of this Agreement.  You understand and acknowledge 
that McAfee utilizes a number of methods to verify and 
support the McAfee Software licensed for use by its 
customers.  These methods may include technological features 
to prevent unauthorized use of the McAfee Software and to 
automatically report information about -- and verification 
of -- your deployment of McAfee Software.  The information 
reported back to McAfee can also include:  other McAfee 
products; other Software installed with or used by 
components of the McAfee Software; and  third-party Software 
installed separately by customer but are integrated for use 
with McAfee Software  In the event that McAfee  requests a 
report for confirmation, you agree to provide a system 
generated report verifying your software deployment within 
thirty (30) days, such request to occur no more than four 
(4) times per year.  In the event that McAfee requires a 
physical audit, such audit shall be preceded by thirty (30) 
days written notice and shall occur no more than once per 
year unless otherwise required for compliance with the 
Sarbanes-Oxley Act. 

19. Auto-Boot /Post Boot Mode.  McAfee shall have no 
liability to you for any damages resulting from the use of 
the Software in the "auto-boot" or "post-boot" mode. You are 
advised that such tools are designed for product deployment 
purposes only, and any other use does not provide adequate 
data security.  Any such contrary use shall be at your sole 
risk.  Moreover, in the event of a data breach resulting 
from such contrary use, you shall not publicize McAfee's 
name in connection with such breach, nor make any statements 
that unfairly disparage the reputation of McAfee products.

20. Miscellaneous.  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, representations or advertising relating 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.  If any provision of this 
Agreement is held invalid, the remainder of this Agreement 
shall continue in full force and effect.

21. 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) 
992-8599 or (866) 622-3911, FAX to (972) 963-7001, or write: 
McAfee, Inc., Attention: Customer Service, 5000 Headquarters 
Drive, Plano, TX  75024,  or e-mail to 
http://www.mcafeehelp.com.  Alternatively, you may contact 
your local McAfee entity at the number listed at 
http://www.McAfee.com.

