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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
Network Associates is subject to restrictions under United States export control
laws and regulations.
c. Warranty Disclaimer. To the maximum extent permitted by applicable law, and
except for the limited warranty set forth herein, THE SOFTWARE IS PROVIDED ON AN
"AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING
THE FOREGOING PROVISIONS, 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,
NETWORK ASSOCIATES 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. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NETWORK
ASSOCIATES 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. 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 NETWORK ASSOCIATES 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
NETWORK ASSOCIATES BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE LIST PRICE NETWORK
ASSOCIATES CHARGES FOR A LICENSE TO THE SOFTWARE, EVEN IF NETWORK ASSOCIATES
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. Neither the Software nor the Documentation and underlying
information or technology may be downloaded or otherwise exported or reexported
(i) into (or to a national or resident of ) Cuba, Iran, Iraq, Libya, North
Korean, Sudan, Syria or any other country to which the United States has
embargoed goods; or (ii) to anyone on the United States Treasury Department's
list of Specially Designated Nations or the United States Commerce Department's
Table of Denial Orders. By downloading or using the Software you are agreeing
to the foregoing and you are certifying that you are not located in, under the
control of, or a national or resident 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, WHICH RESTRICT THE EXPORT AND RE-EXPORT OF CERTAIN PRODUCTS AND
TECHNICAL DATA. IF THE EXPORT OF THE SOFTWARE IS CONTROLLED UNDER SUCH RULES
AND REGULATIONS, THEN THE SOFTWARE SHALL NOT BE EXPORTED OR RE-EXPORTED,
DIRECTLY OR INDIRECTLY, (A) WITHOUT ALL EXPORT OR RE-EXPORT LICENSES AND UNITED
STATES OR OTHER GOVERNMENTAL APPROVALS REQUIRED BY ANY APPLICABLE LAWS, OR (B)
IN VIOLATION OF ANY APPLICABLE PROHIBITION AGAINST THE EXPORT OR RE-EXPORT OF
ANY PART OF THE SOFTWARE. SOME COUNTRIES HAVE RESTRICTIONS ON THE USE OF
ENCRYPTION WITHIN THEIR BORDERS, OR THE IMPORT OR EXPORT OF ENCRYPTION EVEN IF
FOR ONLY TEMPORARY PERSONAL OR BUSINESS USE. YOU ACKNOWLEDGE THAT THE
IMPLEMENTATION AND ENFORCEMENT OF THESE LAWS IS NOT ALWAYS CONSISTENT AS TO
SPECIFIC COUNTRIES. ALTHOUGH THE FOLLOWING COUNTRIES ARE NOT AN EXHAUSTIVE LIST
THERE MAY EXIST RESTRICTIONS ON THE EXPORTATION TO, OR IMPORTATION OF,
ENCRYPTION BY: BELGIUM, CHINA (INCLUDING HONG KONG), FRANCE, INDIA, INDONESIA,
ISRAEL, RUSSIA, SAUDI ARABIA, SINGAPORE, AND SOUTH KOREA. YOU ACKNOWLEDGE IT IS
YOUR ULTIMATE RESPONSIBILITY TO COMPLY WITH ALL ANY AND ALL GOVERNMENT EXPORT
AND OTHER APPLICABLE LAWS AND THAT NETWORK ASSOCIATES HAS NO FURTHER
RESPONSIBILITY AFTER THE INITIAL SALE TO YOU WITHIN THE ORIGINAL COUNTRY OF
SALE.
10. 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").
Network Associates expressly disclaims any express or implied warranty of
fitness for High Risk Activities.
11. Miscellaneous. This Agreement is governed by the laws of the United
States and the State of California, without reference to conflict of laws
principles. The application of the United Nations Convention of Contracts for
the International Sale of Goods is expressly excluded. 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 with
respect to the Software and Documentation. This Agreement may not be modified
except by a written addendum issued by a duly authorized representative of
Network Associates. No provision hereof shall be deemed waived unless such
waiver shall be in writing and signed by Network Associates or a duly authorized
representative of Network Associates. If any provision of this Agreement is
held invalid, the remainder of this Agreement shall continue in full force and
effect. The parties confirm that it is their wish that this Agreement has been
written in the English language only. Network Associates may identify you as a
customer of Network Associates and describe in a mutually agreeable Customer
Case Study the services and solutions delivered by Network Associates to you.
Network Associates may also issue one or more mutually agreeable press releases
containing an announcement of the execution and delivery of this Agreement
and/or the implementation of the Products by you. No such document or release
shall include any information considered Confidential by you. Your approval to
any such document or release shall not be unreasonably withheld and shall be
deemed given unless you indicate otherwise in writing within ten (10) days of
delivery of the proposed document or release.
12. NETWORK ASSOCIATES CUSTOMER CONTACT. If you have any questions concerning
these terms and conditions, or if you would like to contact Network Associates
for any other reason, please call (408) 988-3832, fax (408) 970-9727, or write:
Network Associates Technology, Inc. 3965 Freedom Circle, Santa Clara, California
95054. http://www.nai.com.
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