Introduction and scope
This document is an agreement between You and McAfee, Inc. (“McAfee”) that describes the terms of service (“TOS”) for which You may use the services offered on the websites and web pages owned and operated by McAfee or its subsidiaries (collectively, the “McAfee Sites”). Examples of McAfee Sites include the internet domains mcafee.com, mcafeestore.com, siteadvisor.com, foundstone.com, trustedsource.com, and numerous others. The services and information offered on some McAfee Sites may be subject to additional terms and conditions described on the site or web pages for those services or information, and additional licensing terms may apply for software that are disclosed in an End-User License Agreement distributed with such software.
YOU ACKNOWLEDGE AND AGREE THAT BY BROWSING OR USING THE SOFTWARE OR SERVICES OFFERED BY THE MCAFEE SITES, YOU HAVE AGREED TO BE BOUND BY THESE TERMS OF SERVICE AND ANY ADDITIONAL TERMS THAT APPLY.
Please note that McAfee reserves the right to revise these site TOS at any time by posting an update to this page. Your continued use of the McAfee Sites or Services following the posting of changes to these TOS will mean You accept those changes.
McAfee reserves the right, in its sole discretion, to determine if You have violated these site TOS, and to take any action it deems appropriate.
You acknowledge that McAfee shall have the right to terminate Your access to the McAfee Sites or Services for violations of any of these rules, including repeat infringement of copyrights.
Your use & conduct
The McAfee Sites are made available for Your personal, non-commercial use only. Except as provided by specific terms governing a specific service, product, or information, You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any of the information, software, products, or services obtained from the McAfee Sites.
You agree that You will not use the McAfee Sites or the information, products, or services available from them for, or to further, any unlawful purpose. Additionally, You will NOT:
1. Upload, post, email, transmit, or otherwise make available any content that:
a. Is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable or harmful to another party;
b. You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
c. Infringes any patent, trademark, trade secret, copyright, or other intellectual property right of another party;
d. Is unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” website links, or any other form of content for the purpose of solicitation;
e. Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
f. Consists of forged or manipulated information that disguises the true origin of any content You provide; or
g. Impersonates another person or entity, including, but not limited to, a McAfee employee, forum leader, guide or host, or falsely states or otherwise misrepresents Your affiliation with a person or entity.
2. Collect or store personal data about other users in connection with any prohibited conduct and activities;
3. Use the McAfee Sites in any manner that could damage, disable, overburden, or impair any McAfee server, or network(s) connections; disobey any requirements, procedures, policies, or regulations of networks connected to the McAfee Sites; or interfere with any other party's use and enjoyment of the McAfee Sites;
4. Attempt to gain unauthorized access to any McAfee Site content, other accounts, computer systems, or networks connected to any McAfee server through hacking, password mining, scraping, or by any other means to obtain any materials or information not intentionally made available on the McAfee Sites;
5. Intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law; or
6. Provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
Certain McAfee Sites enable users to submit content or other information that will be made available to other users of the McAfee Sites (e.g., a forum or blog site). You understand and agree that McAfee: (a) is NOT responsible for the content of user submissions, (b) has no obligation to remove any user-submitted content, and (c) has sole discretion to determine whether any user-submitted content violates the McAfee Sites TOS and to take action or inaction based on that determination.
If You submit content or information to a Site or Service that makes Your content available to other users, You represent and agree that:
1. Your content in not prohibited by these TOS;
2. You are solely responsible for the form, content, and accuracy of any material You submit to a McAfee Site;
3. You are granting McAfee a royalty-free, perpetual, irrevocable, non-exclusive license (including a waiver of any moral rights) under Your intellectual property rights to use, reproduce, modify, adapt, translate, publish, display, and redistribute Your content (in whole or in part) worldwide, and to incorporate Your content in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content; and
4. McAfee is not obligated to exercise the rights You granted above.
All content and services on the McAfee Sites, including, but not limited to, trademarks and logos, designs, text, graphics, sounds, images, software, and other website materials (the “Materials”) are the intellectual property of McAfee, its licensors, or other vendors. The Materials are protected by United States and foreign intellectual property laws. Except as stated herein, none of the Materials may be copied, reproduced, or distributed in any form without the prior written permission of McAfee.
McAfee, the McAfee logo, and other marks related to McAfee products and services (“McAfee Marks”) are the exclusive and valuable property of McAfee or its subsidiaries. The McAfee Marks can only be reproduced or displayed with specific written permission from McAfee, and only in accordance withMcAfee Trademark Policy and Guidelines.
Subject to the terms of an applicable software or service license or other written agreement, McAfee grants You permission under its copyrights to display, copy, or download the Materials from a McAfee Site for personal, non-commercial and informational use only, provided that You DO NOT:
1. Modify the Materials;
2. Remove or alter any copyright or other proprietary notices contained in the Materials;
3. Frame or utilize framing techniques, to display the Materials at a domain not owned by McAfee; or
4. Use any McAfee-owned mark or product name as a meta-tag or other “hidden text” for search engines in a manner that does not inure benefit to McAfee.
Where McAfee has provided a translation of the English-language version of a McAfee Site, these TOS, or other Materials, You agree that: (a) the translations are only for Your convenience; (b) the English-language version governs Your use of the Materials provided by McAfee; and (c) the English-language version shall take precedence in the event of a conflict between the English-language version and the translated version (except as prohibited by local law).
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the McAfee Designated Agent, in accordance with the procedure described in the McAfee Sites Digital Millennium Copyright Act (DMCA) Notice and Procedure. INQUIRIES NOT COMPLIANT WITH THE PROCEDURE OUTLINED MAY NOT RECEIVE A RESPONSE.
Certain McAfee Sites may display content provided by third parties, links to third-party web pages, or both, including advertisements and solicitations to purchase their products or services. As consideration for Your convenience in making this third-party content available or accessible to You, You acknowledge that McAfee is not responsible for the third-party content. You also agree that McAfee IS NOT responsible or liable for any losses or damages You experience with any third-party content You chose to rely upon or advertisements You respond to, and that You must contact the third party directly for any remedies that may be available to You.
Additional terms that apply to certain domains owned by McAfee are described below. Please note that specific pages on those domains may have additional terms that are not described here.
SiteAdvisor is a software program and website that provides users with an opinion to guide users about certain risks that may be associated with a website. The SiteAdvisor software displays color-coded symbols next to links provided by major search engines, and the SiteAdvisor.com site has dossier pages to provide information on the factors that affect the site rating. The SiteAdvisor site ratings are primarily derived using automated methods; the software cannot detect or examine every possible aspect of website design, nor can it determine the intent of the site owner. McAfee does not control or assume responsibility for the content of the third-party sites, and some of the third-party sites may have content that You find objectionable, inappropriate, or offensive. THE SITEADVISOR SITE RATINGS ARE NOT A GUARANTEE OF ANY PARTICULAR SITE’S SPECIFIC PRACTICES OR TRUSTWORTHINESS, AND IN NO CASE DO THE SITEADVISOR SITE RATINGS REPRESENT AN ENDORSEMENT BY MCAFEE OF THE SITE’S CONTENT, GENERAL SUBJECT MATTER, OVERALL QUALITY, OR USEFULNESS.
The McAfee SECURE service is a paid service for website owners that examines their websites for potential vulnerabilities on a daily basis, and, if no issues are found, enables the site to display a McAfee SECURE trustmark. The McAfeeSECURE.com domain has additional specific terms governing the McAfee SECURE service at this link:http://www.mcafeesecure.com/us/terms.jsp.
McAfee Sites Disclaimers
The McAfee Sites and the information provided therein are for the convenience of users of the McAfee Sites and for customers and potential customers of McAfee, its products, or its services. The information provided on the McAfee Sites and the products and services described on the McAfee Sites are subject to change without notice. MCAFEE DOES NOT REPRESENT OR WARRANT THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OPERABILITY, OR AVAILABILITY OF ANY INFORMATION OR MATERIAL DISPLAYED OR DOWNLOADED FROM THE MCAFEE SITES. EXCEPT AS PROVIDED BY THE TERMS OF AN APPLICABLE END-USER LICENSE AGREEMENT OR OTHER WRITTEN AGREEMENT SIGNED BY MCAFEE, THE MCAFEE SITES, SERVICES, AND SOFTWARE ARE PROVIDED “AS IS,” WITH NO WARRANTY, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. MCAFEE DISCLAIMS ANY IMPLIED, EXPRESS, OR STATUTORY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE MCAFEE SITES AND SOFTWARE DOWNLOADED THEREFROM, INCLUDING INFORMATION OR ADVICE OBTAINED THROUGH THE MCAFEE SITES, SERVICES, OR SOFTWARE. MCAFEE DOES NOT WARRANT THAT THE MCAFEE SITES, SOFTWARE, OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE MCAFEE SITES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE WEBSITE, SERVICES, OR SOFTWARE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, MCAFEE, ITS AFFILIATES, AND SUBSIDIARIES ARE NOT RESPONSIBLE FOR THOSE COSTS.
· Additionally, McAfee makes no claim that any of the content or software available from the McAfee Sites can be lawfully viewed or downloaded outside of the United States. Access to portions of the McAfee Sites may not be legal by certain persons or in certain countries. If You access the Website from outside of the United States, You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction.
· Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to You. You may also have other rights that vary from state to state and from jurisdiction to jurisdiction.
Except as provided by an applicable End-User License Agreement or other written agreement signed by McAfee, UNDER NO CIRCUMSTANCES IS MCAFEE, ITS AFFILIATES, SUBSIDIARIES, OR LICENSORS LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL, OR SPECIAL DAMAGES WHETHER OR NOT FORSEEN, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ON ACCOUNT OF YOUR USE, MISUSE, OR RELIANCE ON THE INFORMATION SERVICES OR SOFTWARE AVAILABLE ON THE MCAFEE SITES. THIS LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ANY OTHER LEGAL THEORY EVEN IF MCAFEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
· The above limitation applies to Your use, misuse, or reliance upon the McAfee Sites, including, without limitation, damages You may incur because of third-party services or other services or goods received, such as third-party services or goods received by, advertised on, or linked to the McAfee Sites.
· Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to You.
These TOS and all claims related to them, their execution, or the performance of the parties under them, shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or Your actual state or country of residence, and shall not be governed by the provisions of the United Nations Convention on Contracts for the International Sale of Goods, the Brussels or Lugano Conventions, or the Rome or Rome 1 Conventions. If for any reason, a court of competent jurisdiction finds any provision or portion of these TOS to be unenforceable, the remainder of the TOS will continue in full force and effect.
Under no circumstances shall McAfee, its affiliates, subsidiaries, or licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, loss of data, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air-conditioning.
Except as provided by an End-User License Agreement or other written agreement signed by McAfee, these TOS constitute the entire agreement between You and McAfee with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.