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This McAfee Mobile Products End User License Agreement (the "EULA") is a legal agreement between you, either as an individual or as an entity ("You" or "Your") and McAfee, Inc., a Delaware corporation, with offices located at 2821 Mission College Blvd., Santa Clara, California 95054, if the Software or Service is purchased in the United States, Mexico, Central America, South America, or the Caribbean; (b) McAfee Security S.A.R.L with offices located at 26, Boulevard Royal, 2449 Luxembourg, Luxembourg, if the Software or Service 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, Dougenzaka 1-Chrome, Shibuya-ku, Tokyo 150-0043, Japan, if the Software or Service is purchased in Japan ("McAfee") regarding the use of the McAfee service, software and any associated software (including pre-release, beta and trial software) and user documentation, whether provided in "online" or electronic format you purchased, downloaded or subscribed to for your mobile device (the "Service").
Subject to payment of the applicable subscription fees and Your compliance with the terms and restrictions of this Agreement, McAfee agrees to provide You access to the features and benefits of the Service (described in the Service documentation) for the term of Your subscription. You agree that You: (1) understand the limits and restrictions of the Service, (2) to be bound by the limits of the Service as described herein, and (3) that You are at least 13 years old and have the legal capacity to enter into this Agreement as defined by Your jurisdiction. McAfee has right to terminate or suspend Your Service without prior notice in the event of a violation of these terms, and reserves all rights not expressly granted herein.
Software License: For the software necessary to operate or access the Service, McAfee grants You a non-exclusive, non-transferrable, personal, revocable license under its copyrights to download, install, and operate the software, its associated documentation, and any updates, upgrades, and repairs onto your personal mobile devices for the Service You purchased. This license applies only to the number of Software installations permitted by the Service you purchase. When the software automatically performs updates, upgrades or repairs, then You agree not to interfere with or prevent such activities.
Service Limits: McAfee, in its sole discretion, may establish policies and practices to modify the operation and availability of the Service to maximize the benefit for all Service users and to prevent abuse of the Service (e.g. modifying limits on content storage or bandwidth consumption). McAfee reserves the right to take technical and other remedies it deems appropriate to prevent abuse or excessive consumption of the Service that may be to the detriment of other Service users. If You use or require Service features that exceed the imposed limits, then You agree to contact McAfee to arrange a custom Service plan that meets Your requirements; You understand that a custom Service plan will have a different price, and may cost more, than the standard Service plan.
Ownership Rights: The Service is protected by the laws of the United States, 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 Service, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein. Your possession, installation, or use of the Service does not transfer to You any title to the intellectual property in the Service, and You will not acquire any rights to the Service 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. To the extent you provide any comments or suggestions to McAfee, McAfee shall have the right to retain and use any such comments or suggestions regarding the Service in current or future products or services, without further compensation to you or without your approval.
(2) Reverse engineer, disassemble, decompile or otherwise attempt to derive source code from the Service software, except to the extent the foregoing restriction is expressly prohibited by applicable law, or make error corrections to, or otherwise adapt or modify, or create derivative works based upon the Service software;
(3) Provide false information to set up an account, attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means, or otherwise use the Service to impersonate any person, business or entity, including McAfee or its employees and agents;
(5) Reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, the Service or any portion thereof, including without limitation any content other than Your personal digital content displayed in connection with the Services;
(6) Transmit content that is, without limitation: unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, or fraudulent; invasive of another's privacy; is tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts, or illegally exploits or solicits personal information from a minor;
(8) Propagate software that contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
(10) Engage in any activity that otherwise interferes with the use and enjoyment of the Service by others, including without limitation: using the Service in any way that may damage, disable, overburden, or impair McAfee's servers or networks; harvesting personal information about other Service users for any reason; transmitting, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages).
Account Creation and Management - The Service is for your personal use only, to use for mobile devices that You own or are authorized to monitor and administer the Service. You may only use the Service for the number of devices or subscriptions described in your purchasing documentation. The Service may require You to create and manage your information and Service using an account on a McAfee website ( ). When creating your account, You agree to completely and accurately provide the required information and to be responsible for ensuring Your billing information is current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify McAfee if your credit card is canceled (for example, for loss or theft). You are solely responsible for the activity that occurs on Your account, including the activity of others who are on Your account (for example, when Your subscription allows multiple users). You must keep your account password secure, and notify McAfee immediately of any breach of security or unauthorized use of your account.
Your Synchronized Content: When the Service provides a feature to synchronize (or "back up") any information, text, files, links, images, or other materials ("Content") on your device with a McAfee server, You represent and warrant that:
You acknowledge and agree that McAfee has no obligation to enforce, defend or otherwise protect Your rights in synchronized Content, and You release McAfee and any of its affiliates (and its respective officers, directors, agents, subsidiaries and employees) from and against any and all claims, demands, losses, costs, expenses, liabilities and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to the Content or disputes with third parties regarding your rights in or to the Content. You further acknowledge and agree that You are legally liable for the Content (e.g., if the Content infringes 3rd party intellectual property or civil rights, is illegal, etc.).
You are solely responsible for the Content You store, make available or retrieve from Your account and from all public folders. McAfee is not liable for Your losses caused by any unauthorized use of Your account; however, You may be liable for the losses of McAfee or others due to such unauthorized use.
Buddy Registration: When the service provides a feature to register any contact as a buddy, you must ensure that you have such contact's consent before adding their contact details as a buddy. In the event a buddy requests deletion of their contact details from your buddy list you must immediately delete that person's contact details from your buddy list.
Termination: You may close Your Service account and end Your use of the Service at any time, for any reason or no reason, however, except as provided for auto-renewal of subscriptions, You will not receive a refund for any fees which You may have paid in advance (e.g. if you terminate your subscription early) and You shall remain liable for all fees incurred or accrued by You. Upon expiration or termination of the Service for any reason, You are no longer authorized to use or access the Service and Your account will be cancelled, closed, or both. You agree that, upon such termination, You will destroy and permanently erase all copies of the Software and that Your access rights to the Service will immediately terminate.
When Your account is closed, You understand that You will no longer have access to your Content stored on the Service and the Content will deleted by McAfee according to its policies. You are responsible for storing or backing up your Content elsewhere before cancelation or termination of your account.
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