McAfee QUICKCLEAN 3.0 Manual page 5

c. Warranty Disclaimer. Except for the limited warranty set forth herein, THE SOFTWARE IS
PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
MCAFEE DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE
AND THE ACCOMPANYING DOCUMENTATION. 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. SOME
STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. The foregoing
provisions shall be enforceable to the maximum extent permitted by applicable law.
7. Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER
IN TORT, CONTRACT, OR OTHERWISE, SHALL MCAFEE OR ITS 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 WILL MCAFEE BE LIABLE FOR ANY DAMAGES IN
EXCESS OF THE LIST PRICE MCAFEE CHARGES FOR A LICENSE TO THE SOFTWARE, EVEN IF
MCAFEE SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS
LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
FURTHERMORE, SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND
EXCLUSION MAY NOT APPLY TO YOU. The foregoing provisions shall be enforceable to the maximum
extent permitted by applicable law.
8. United States Government. 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.
9. Export Controls. You are advised that the Software is subject to the U.S. Export Administration Regulations.
You shall not export, import or transfer Software contrary to U.S. or other applicable laws, whether directly or
indirectly, and will not cause, approve or otherwise facilitate others such as agents or any third parties in doing
so. You represent and agrees that neither the United States Bureau of Export Administration nor any other
federal agency has suspended, revoked or denied your export privileges. You agree not to use or transfer the
Software for end use relating to any nuclear, chemical or biological weapons, or missile technology unless
authorized by the U.S. Government by regulation or specific license. Additionally, you acknowledge that the
Software is subject to export control regulations in the European Union and you hereby declare and agree that
the Software will not be used for any other purpose than civil (non-military) purposes. The parties agree to
cooperate with each other with respect to any application for any required licenses and approvals, however, you
acknowledge it is your ultimate responsibility to comply with any and all export and import laws and that
McAfee has no further responsibility after the initial sale to you within the original country of sale.
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