Product Guide
ix
a.
Limited Warranty
. McAfee warrants that for sixty (60) days from the date of original purchase the
media (e.g., diskettes) on which the Software is contained will be free from defects in materials and
workmanship.
b.
Customer Remedies
. McAfee's and its suppliers' entire liability and your exclusive remedy for any
breach of the foregoing warranty shall be, at McAfee's option, either (i) return of the purchase price
paid for the license, if any, or (ii) replacement of the defective media in which the Software is
contained. You must return the defective media to McAfee at your expense with a copy of your
receipt. This limited warranty is void if the defect has resulted from accident, abuse, or misapplication.
Any replacement media will be warranted for the remainder of the original warranty period. Outside
the United States, this remedy is not available to the extent McAfee is subject to restrictions under
United States export control laws and regulations.
c.
Warranty Disclaimer
. Except for the limited warranty set forth herein, THE SOFTWARE IS
PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
MCAFEE DISCLAIMS ALL WARRANTIES, REPRESENATIONS AND CONDITIONS,
EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE AND THE
ACCOMPANYING DOCUMENTATION. YOU ASSUME RESPONSIBILITY FOR SELECTING
THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE
INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE.
WITHOUT LIMITING THE FOREGOING PROVISIONS, MCAFEE MAKES NO WARRANTY,
REPRESENTATION OR CONDITION THAT THE SOFTWARE WILL BE ERROR-FREE OR
FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE WILL
MEET YOUR REQUIREMENTS. SOME STATES AND JURISDICTIONS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT
APPLY TO YOU.
7.
Limitation of Liability.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER
IN TORT, CONTRACT, OR OTHERWISE, SHALL MCAFEE OR ITS SUPPLIERS BE LIABLE TO YOU
OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY AND ALL
OTHER DAMAGES OR LOSSES. IN NO EVENT WILL MCAFEE BE LIABLE FOR ANY DAMAGES IN
EXCESS OF THE LIST PRICE MCAFEE CHARGES FOR A LICENSE TO THE SOFTWARE, EVEN IF
MCAFEE SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS
LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
FURTHERMORE, SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND
EXCLUSION MAY NOT APPLY TO YOU. The foregoing provisions shall be enforceable to the maximum
extent permitted by applicable law.
8.
United States Government.
The Software and accompanying Documentation are deemed to be "commercial
computer software" and "commercial computer software documentation," respectively, pursuant to DFAR
Section 227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction, release,
performance, display or disclosure of the Software and accompanying Documentation by the United States
Government shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent
expressly permitted by the terms of this Agreement.
