25
SOFTWARE LICENSE AGREEMENT
NOTICE TO ALL USERS: PLEASE READ THIS CONTRACT CAREFULLY. BY CLICKING THE
ACCEPT BUTTON OR INSTALLING THE SOFTWARE, YOU (EITHER AN INDIVIDUAL OR A
SINGLE ENTITY) AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN
CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS
AGREEMENT, CLICK ON THE BUTTON THAT INDICATES THAT YOU DO NOT ACCEPT THE
TERMS OF THIS CONTRACT AND DO NOT INSTALL THE SOFTWARE.
1
Definitions
.
a
Software” means (a) all of the contents of the files, disk(s), CD-ROM(s) or other
media (including electronic media) with which this Agreement is provided or
such contents as are hosted by McAfee or its distributors, resellers, OEM/MSP
partners, or other business partners (collectively “Authorized Partner(s)”),
including but not limited to (i) McAfee or third party computer information or
software; (ii) related explanatory materials in printed, electronic, or online form
(“Documentation”); and (b) upgrades, modified or subsequent versions and
updates including any virus or vulnerability updates (collectively “Updates”),
and Software, if any, licensed to you by McAfee or an Authorized Partner as part
of a maintenance contract or service subscription.
b
“Use” or “Using” means to access, install, download, copy or otherwise benefit
from using the Software.
c
“Permitted Number” means one (1) unless otherwise indicated under a valid
license (e.g., volume license) granted by McAfee.
d
“Computer” means a device that accepts information in digital or similar form
and manipulates it for a specific result based upon a sequence of instructions.
e
“McAfee” means (a) McAfee, Inc., a Delaware corporation, with offices located
at 3965 Freedom Circle, Santa Clara, California 95054, USA if the Software is
purchased in the United States, Mexico, Central America, South America, or the
Caribbean; (b) McAfee Ireland Limited, with offices located at 11 Eastgate
Business Park, Little Island, Cork, Ireland if the Software is purchased in
Canada, Europe, the Middle East, Africa, Asia, or the Pacific Rim; and (c) McAfee
Co., Ltd. with offices located at Shibuya Mark City West Building 12-1,
Dogenzaka 1-Chrome, Shibuya-ku, Tokyo 150-0043, Japan if the Software is
purchased in Japan.
2
License Grant
. Subject to the payment of the applicable license fees (where
applicable), and subject to the terms and conditions of this Agreement, McAfee
hereby grants to you a non-exclusive, non-transferable license to Use the Software
subject to any restrictions or usage terms specified on the applicable price list,
purchase agreement, and product packaging included as part of the Documentation.
Some third party materials included in the Software may be subject to other terms
and conditions, which are typically found in a “Read Me” file or “About” file in the
Software.
3
Term.
This Agreement is effective for the term set forth in the purchase order
issued by you and which is accepted by McAfee or, alternatively, as set forth in the
product order form issued by McAfee (the “Term”). If you issue a purchase order
to an Authorized Partner and the terms and conditions as set forth in the license
grant letter issued by McAfee or included in the Documentation conflicts with the
terms and conditions included in the purchase order, then the terms and conditions
specified in the grant letter or Documentation shall control. Except for Evaluation
Software, Beta Software or freeware which is subject to Section 7 below, if no Term
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