18
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.
uf_SG640_qig_700-2239A00_en-us.fm Page 18 Monday, October 12, 2009 12:06 PM