User Guide

7. Limitation of L iability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL MCAFEE OR
ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
GOODWILL,WORKSTOPPAGE,COMPUTERFAILUREORMALFUNCTION,ORFOR
ANY AND ALL OTHER DA MAGES OR LOSSES. IN NO E VENT W IL L MCAFEE BE
LIABLE FOR ANY DAMAGES IN EXCESS OF THE LIST PRICE MCAFEE CHARGES
FOR A LICENSE TO THE SOFTWARE, EVEN IF MCAFEE SHALL HAVE BEEN
ADVISED OF T HE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
FURTHERMORE, SOME ST ATES AND JURISDICTIONS DO NOT ALLOW THE
EXCLUSION O R L IMITATION OF INCIDENT AL OR CONSEQUENTIAL DAMAGES,
SO THIS LIMITATION AND EXCLUSION M AY N OT APPLY TO YOU. The foregoing
provisions shall be enforceable to the maximum extent permitted by applicable law.
8. UnitedStatesGovernment.TheSoftwareandaccompanyingDocumentationaredeemed
to be "commercial computer software" an d "commercial computer software
documentation," respectively, pursuant to DFAR Section 227.7202 and FAR Section
12.212, as applicable. Any use, m o dification, reproduction, release, per formance, display
or disclosure of the Software and accompanying Documentation by the United States
Government shall be governed s olely by t he terms of this Agreement a nd shall be
prohibited except to the extent expressly permitted by the terms of this Agreement.
9. Export Controls. Ne ither t he Software nor the Documentation a nd underlying
information or technology m ay be downloaded or otherwise exported or re-exported (i)
into (or to a national or resident of ) Cuba, Iran, Iraq, Libya,N orth Korea, Sudan, Syria or
any other country to which the United States h as embargoed goods; or (ii) to anyone on
the United States Treasury Department's list of Specially Designated Nations or the
United States Comm erce Department's Ta ble of Denial Orders. By downloading orusing
the Software you are agreeing to the foregoing and you are certifying that you are not
located in, under the control of, or a national or re sident of any suc h country or on any
such list.
IN ADDITION, YOU SHOULD BE AWARE OF THE FOLLOWING: EXPORT OF THE
SOFTWARE MAY BE SUBJECT TO COMPLIANCE WITH THE RULES AND
REGULATIONS PROMULGATED FROM TIME TO TIME BY THE BUREAU OF
EXPORT ADMINISTRATION, UNITED STATES DEPARTMENT OF COMMERCE,
WHICH RESTRICT THE EXPORT A ND RE-EXPORT OF CERTAIN PRODUCTS AND
TECHNICAL DATA. IF THE EXPORT OF THE SOFTWARE IS CONTROLLED UNDER
SUCH RULES AND REGULATIONS, THEN THE SOFTWARE SHALL NOT BE
EXPOR TED OR RE-EXPORT ED, DIRECTLY OR INDIRECTLY , (A) WITHO UT ALL
EXPORT OR RE-EXPORT LICENSES AND UNITED STATES OR OTHER
GOVERNMENTAL APPROVALS REQUIRED BY ANY APPLICABLE LAWS, OR (B) IN
VIOLATION OF ANY AP PLICABLE PROHIBITION AGAINST THE EXPORT OR
RE-EXPORT OF ANY P ART OF THE SOFTWARE.
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