7. Limitation of L iability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL MCAFEE OR
IT S SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
GOODWILL, WORK STOPPAGE,COMPUTER FAILURE OR MALFUNCTION, OR FOR
ANY AND ALL OTHER DAMAGES OR LOSSES. IN NO EVENT W ILL M CAFEE BE
LIABLE FOR A NY DAMAGES IN EXCESS OF THE LIST P RICE MCAFEE CHARGES
FOR A LICENSE TO THE SOFTWARE, EVEN IF MCAFEE SHALL HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS L IMITATION OF
LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
FU RTH ERMORE, SOME STAT ES AND JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR L IMITATION OF INCIDE NTAL OR CONS EQUENTIA L DAMAGES ,
SO THIS LIMITATION AND EXCLUSION M AY NOT APPLY TO YOU. The foregoing
provisi ons shall be en forceable to the maximum extent permitted by applicable law.
8. United States Govern ment. The Software andaccompanyingD ocumentationare deemed
to be "commercial c omputer software" and "commercial computer software
documen tation," respectively, pursuant to DFAR Section 227.7202 and FAR Section
12.212, as appli cable. A ny us e, mo dificati on, reproduction, release, performance, d isplay
or disclosure of the Software and accompanying Documentation by the United States
Government shall be governed s olely by the terms of this Agreement and shall be
prohibited except to the extent exp ressly permitted by the t erms of this Agreement.
9. Export Controls. Neither t he Softw are nor the Documentation and under lying
inform at ion o r technology may be downloaded or otherwise exported or re-exported (i)
into (or to a national or resident of ) Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or
any other country to which the U nited States has embargoed goods; or (ii) to anyone on
the U nited States Treasury Department's list of Special ly Designated N ations or th e
United States Commerce Department's Table of Denial O rders. By dow nloading or using
the Software you are agreeing to the foregoing and y ou are certifying th at you are not
located in, under the cont ro l of, or a na tional or r esident of any such country or on any
such list.
IN ADDITION, YOU SHOULD BE AWARE OF THE FOLLOWING: EXPORT OF THE
SOFTWARE MAY BE SUBJECT TO COMPLIANCE WITH THE RULES AND
REGULATIONS PROMULGATED FROM TIME TO TIME BY THE BUREAU OF
EXPORT ADMINISTRATION, UNITED STATES DEPARTMENT OF COMMERCE,
WHIC H RESTRICT THE EXPORT AND RE-EXPORT OF CERTA IN PRODUCTS A ND
TECHNICAL DATA. IF THE EXPORT OF THE SOFTWARE IS CONTROLLED UNDER
SUCH RULES AND REGULATIONS, THEN THE SOFTWARE SHALL NOT BE
EXPORTED OR RE-E XPORT ED, DIRECTLY O R INDIRECTLY, (A) W ITH OUT A LL
EXPORT OR RE-EXPORT LICENSES AND UNITED STATES OR OTHER
GOVERNMENTAL APPROVALS REQUIRED BY ANY APPLICABLE LAWS, OR (B) IN
VIO LATION OF ANY APPLIC ABLE PROHIBITION AGAINST THE EXPORT O R
RE-EXPORT OF ANY PART OF THE SOFTW ARE.
User’s Guide v
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