McAfee Student Survival Kit 1.0, Getting Started, Page: 5 / 40

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.
9. Export Controls. Neither the Software nor the Documentation and underlying information or
technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or
resident of ) Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country to which the
United States has embargoed goods; or (ii) to anyone on the United States Treasury Department's
list of Specially Designated Nations or the United States Commerce Department's Table of Denial
Orders. By downloading or using 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 resident of any such
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 AND 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 EXPORTED OR
RE-EXPORTED, DIRECTLY OR INDIRECTLY, (A) WITHOUT ALL EXPORT OR
RE-EXPORT LICENSES AND UNITED STATES OR OTHER GOVERNMENTAL
APPROVALS REQUIRED BY ANY APPLICABLE LAWS, OR (B) IN VIOLATION OF ANY
APPLICABLE PROHIBITION AGAINST THE EXPORT OR RE-EXPORT OF ANY PART OF
THE SOFTWARE.
Getting Started v