McAfee UTILITIES 4.0, User Manual

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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.
User’s Guide v