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12 Export Controls.
You acknowledge that the Software is subject to the export
control laws and regulations of the United State of America (“US”), and any
amendments thereof. You shall not export or re-export the Software, directly or
indirectly, to (i) any countries that are subject to US export restrictions (currently
including, but not necessarily limited to, Cuba, Iran, Libya, North Korea, Sudan, and
Syria); (ii) any end user known, or having reason to be known, will utilize them in
the design, development or production of nuclear, chemical or biological weapons;
or (iii) any end user who has been prohibited from participating in the US export
transactions by any federal agency of the US government. You further acknowledge
that Software may include technical data subject to export and re-export
restrictions imposed by US law.
13 High Risk Activities
. The Software is not fault-tolerant and is not designed or
intended for use in hazardous environments requiring fail-safe performance,
including without limitation, in the operation of nuclear facilities, aircraft navigation
or communication systems, air traffic control, weapons systems, direct life-support
machines, or any other application in which the failure of the Software could lead
directly to death, personal injury, or severe physical or property damage
(collectively, "High Risk Activities"). MCAFEE EXPRESSLY DISCLAIMS ANY EXPRESS
OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.
14 Governing Law.
This Agreement will be governed by and construed in accordance
with the substantive laws in force: (a) in the State of New York, if you purchased
the Software in the United States, Mexico, Central America, South America, or the
Caribbean; (b) in the Republic of Ireland, if you purchased the Software in Canada,
Europe, Middle East, Africa, Asia, or the region commonly referred to as the Pacific
Rim; and (c) in Japan if you purchased the Software in Japan. If you purchased the
Software in any other country, then the substantive laws of the Republic of Ireland
shall apply, unless another local law is required to be applied. This Agreement will
not be governed by the conflict of laws rules of any jurisdiction or the United Nations
Convention on Contracts for the International Sale of Goods, the application of
which is expressly excluded. The United States District Court for the Southern
District of New York, and the Courts of New York County, New York, when New York
law applies, the courts of the Republic of Ireland, when the law of Ireland applies,
and the courts of Japan when Japanese law applies, shall each have non-exclusive
jurisdiction over all disputes relating to this Agreement.
15 Free Software.
This product includes or may include some software programs that
are licensed (or sublicensed) to the user under the GNU General Public License
(GPL) or other similar software licenses which, among other rights, permit the user
to copy, modify and redistribute certain programs, or portions thereof, and have
access to the source code. The GPL requires that for any software covered under
the GPL, which is distributed to someone in an executable binary format that the
source code also be made available to those users. For any such software, the
source code is made available in a designated directory created by installation of
the Software or designated internet page. If any Free Software licenses require that
McAfee provide rights to use, copy or modify a software program that are broader
than the rights granted in this agreement, then such rights shall take precedence
over the rights and restrictions herein.
16 Privacy.
By entering into this Agreement, you agree that McAfee may collect,
retain and use your personal information, including your name, address, e-mail
address, and payment details. Your personal information will be used primarily to
provide services and product functionality to you. McAfee may also use your
personal information for additional communication with you, subject to your
decision not to accept such communications from McAfee and subject to applicable
laws. McAfee engages other companies and individuals (“subcontractors”) to
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