End User 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, other than sales or marketing 
materials ("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, 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.  If no Term is included in the 
above described materials, then the Term shall be for two 
(2) years from the date of purchase, unless earlier 
terminated as set forth herein.  This Agreement will 
terminate automatically if you fail to comply with any of 
the limitations or other requirements described herein.  
Upon any termination or expiration of this Agreement, you 
must cease use of the Software and destroy all copies of the 
Software and the Documentation.

4. Updates.  This license is limited to the version of the 
Software delivered by McAfee and does not include Updates, 
unless a separate maintenance contract is purchased or, 
alternatively, you have purchased a service subscription 
that entitles you to Updates as described in the 
Documentation.  After the specified maintenance period or 
service subscription period has expired, you have no further 
rights to receive any Updates without purchase of a new 
license to the Software.

5. Ownership Rights.  The Software is protected by United 
States' and other copyright laws, international treaty 
provisions and other applicable laws in the country in which 
it is being used.  McAfee and its suppliers own and retain 
all right, title and interest in and to the Software, 
including all copyrights, patents, trade secret rights, 
trademarks and other intellectual property rights therein.  
Your possession, installation, or use of the Software does 
not transfer to you any title to the intellectual property 
in the Software, and you will not acquire any rights to the 
Software except as expressly set forth in this Agreement.  
Any copy of the Software and Documentation authorized to be 
made hereunder must contain the same proprietary notices 
that appear on and in the Software and Documentation.

6. Multiple Environment Software/Multiple Language 
Software/Dual Media Software/Multiple 
Copies/Bundles/Updates.  If the Software supports multiple 
platforms or languages, if you receive the Software on 
multiple media, if you otherwise receive multiple copies of 
the Software, or if you receive the Software bundled with 
other software, the total number of your Computers on which 
all versions of the Software is installed may not exceed the 
Permitted Number.  If the Software is an Update to a 
previous version of the Software, you must possess a valid 
license to such previous version in order to Use the Update. 
 You may continue to Use the previous version of the 
Software on your Computer after you receive the Update to 
assist you in the transition to the Update, provided that 
the Update and the previous version are installed on the 
same Computer; the previous version or copies thereof are 
not transferred to another Computer unless all copies of the 
Update are also transferred to such Computer, and you 
acknowledge that any obligation McAfee may have to support 
the previous version of the Software ends upon availability 
of the Update.

7. Evaluation Product Additional Terms.  If the product you 
have received with this license has been identified as 
"Evaluation" Software or "Beta" Software, then the 
provisions of this section apply.  To the extent that any 
provision in this section is in conflict with any other term 
or condition in this Agreement, this section shall supercede 
such other term(s) and condition(s) with respect to the 
Evaluation or Beta Software, but only to the extent 
necessary to resolve the conflict.  You acknowledge that the 
Evaluation or Beta Software may contain bugs, errors and 
other problems that could cause system or other failures and 
data loss.  Consequently, Evaluation or Beta Software is 
provided to you "AS-IS", and McAfee disclaims any warranty 
or liability obligations to you of any kind.  WHERE LEGAL 
LIABILITY CANNOT BE EXCLUDED, BUT MAY BE LIMITED, MCAFEE'S 
LIABILITY AND THAT OF ITS SUPPLIERS AND AUTHORIZED PARTNERS 
SHALL BE LIMITED TO THE SUM OF FIFTY DOLLARS (U.S. $50) IN 
TOTAL.  You acknowledge that McAfee has not promised or 
guaranteed to you that Beta Software will be announced or 
made available to anyone in the future that McAfee has no 
express or implied obligation to you to announce or 
introduce the Beta Software, and that McAfee may not 
introduce a product similar to or compatible with the Beta 
Software.  Accordingly, you acknowledge that any research or 
development that you perform regarding the Beta Software or 
any product associated with the Beta Software is done 
entirely at your own risk.  During the term of this 
Agreement, if requested by McAfee, you will provide feedback 
to McAfee regarding testing and use of the Beta Software, 
including error or bug reports; you agree to grant McAfee a 
perpetual, non-exclusive, royalty-free, worldwide license to 
use, copy, distribute, make derivative works and incorporate 
the feedback into any McAfee product at McAfee's sole 
discretion.  If you have been provided the Beta Software 
pursuant to a separate written agreement, your use of the 
Beta Software is also governed by such agreement.  Upon 
receipt of a later unreleased version of the Beta Software 
or release by McAfee of a publicly released commercial 
version of the Beta Software, whether as a stand-alone 
product or as part of a larger product, you agree to return 
or destroy all earlier Beta Software received from McAfee 
and to abide by the terms of the End User License Agreement 
for any such later versions of the Beta Software.  Your Use 
of the Evaluation or Beta Software is limited to 30 days 
unless otherwise agreed to in writing by McAfee.

8. Restrictions.  You may not sell, lease, license, rent, 
loan, resell or otherwise transfer, with or without 
consideration, the Software.  If you enter into a contract 
with a third party in which the third party manages your 
information technology resources ("Managing Party"), you may 
transfer all your rights to Use the Software to such 
Managing Party, provided that (a) the Managing Party only 
Uses the Software for your internal operations and not for 
the benefit of another third party; (b) the Managing Party 
agrees to comply with the terms and conditions of this 
Agreement, and (c) you provide McAfee with written notice 
that a Managing Party will be Using the Software on your 
behalf.  You may not permit third parties to benefit from 
the use or functionality of the Software via a timesharing, 
service bureau or other arrangement.  You may not reverse 
engineer, decompile, or disassemble the Software, except to 
the extent the foregoing restriction is expressly prohibited 
by applicable law.  You may not modify, or create derivative 
works based upon, the Software in whole or in part.  You may 
not copy the Software or Documentation except as expressly 
permitted in Section 1 above.  You may not remove any 
proprietary notices or labels on the Software.  All rights 
not expressly set forth hereunder are reserved by McAfee.

9. Warranty and Disclaimer.
a. Limited Warranty.  McAfee warrants that for sixty (60) 
days from the date of original purchase the media (e.g., CD 
ROM), if any, on which the Software is contained and 
provided to you will be free from defects in materials and 
workmanship.
b. Customer Remedies.  McAfee's and its suppliers' entire 
liability and your exclusive remedy for any breach of the 
foregoing warranty shall be, at McAfee's option, either (i) 
return of the purchase price you paid for the license, or 
(ii) replacement of the defective media in which the 
Software is contained.  You must return the defective media 
to McAfee at your expense with a copy of your receipt.  This 
limited warranty is void if the defect has resulted from 
accident, abuse, or misapplication.  Any replacement media 
will be warranted for the 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.

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 California, 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 Northern District 
of California, and the Superior Court of Santa Clara County, 
California, when California law applies, the courts of the 
Republic of Ireland, when the law of Ireland applies, the 
courts of Brazil when Brazilian law applies, the courts of 
Japan when Japanese law applies, and the courts of China 
when Chinese 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 perform functions on its 
behalf, such as payment processing, order fulfillment, 
marketing programs and customer service.  McAfee may share 
your information with such subcontractors in order to 
perform these and other functions, but such subcontractors 
may not use your personal information for other purposes, 
unless you agree.  By entering into this Agreement, you 
agree to the transfer of your personal information to McAfee 
offices in the United States, for the purposes stated above. 
 For more detailed information on the collection, use and 
transfer of your personal information, and for information 
on how to opt out of or unsubscribe from the communications 
described above, please read the McAfee privacy policy on 
the McAfee web site (www.McAfee.com).

17. Audit for Volume Licenses.  McAfee reserves the right to 
periodically audit you to ensure that you are not using any 
Software in violation of this Agreement.  During standard 
business hours and upon prior written notice, McAfee may 
visit you and you will make available to McAfee or its 
representatives any records pertaining to the Software.  The 
cost of any requested audit will be solely borne by McAfee, 
unless such audit discloses an underpayment or amount due to 
McAfee in excess of five percent (5%) of the initial license 
fee for the Software or you are using the Software in an 
unauthorized manner, in which case you shall pay for the 
cost of the audit in addition to any underpaid amounts due 
McAfee.

18. Auto-Boot /Post Boot Mode.  Certain McAfee encryption 
products contain an auto boot feature intended to simplify 
deployment of the product.  McAfee shall have no liability 
to you for any damages resulting from the use of the 
Software in the "auto-boot" or "post-boot" mode. You are 
advised that such tools are designed for product deployment 
purposes only, and any other use does not provide adequate 
data security.  Any such contrary use shall be at your sole 
risk.  Moreover, in the event of a data breach resulting 
from such contrary use, you shall not publicize McAfee's 
name in connection with such breach, nor make any statements 
that unfairly disparage the reputation of McAfee products.

19. Miscellaneous.  This Agreement sets forth all rights for 
the user of the Software and is the entire Agreement between 
the parties.  This Agreement supersedes any other 
communications, representations or advertising relating to 
the Software and Documentation.  This Agreement may not be 
modified except by a written addendum issued by a duly 
authorized representative of McAfee.  No provision hereof 
shall be deemed waived unless such waiver shall be in 
writing and signed by McAfee.  If any provision of this 
Agreement is held invalid, the remainder of this Agreement 
shall continue in full force and effect.

20. McAfee Customer Contact.  If you have any questions 
concerning these terms and conditions, or if you would like 
to contact McAfee for any other reason, please call (408) 
992-8599 or (866) 622-3911, FAX to (972) 963-7001, or write: 
McAfee, Inc., Attention: Customer Service, 5000 Headquarters 
Drive, Plano, TX  75024,  or e-mail to 
http://www.mcafeehelp.com.  Alternatively, you may contact 
your local McAfee entity at the number listed at 
http://www.McAfee.com.

21.	Authorized Users.   Except as may be evidenced by 
the purchase of multi-user skus as documented on an accepted 
product order, when licensing McAfee encryption products, 
for the purposes of counting the authorized number of nodes, 
users or devices, each node or device shall count as one 
user, and every additional user of such node or device shall 
count as one additional user, resulting in a 1:1 node or 
device/user ratio.

