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McAfee VirusScan Professional Edition
9.
Export Controls. You have been advised that the Software is subject to the U.S. Export Administration
Regulations and applicable local export control laws. You shall not export, import or transfer Products contrary
to U.S. or other applicable local laws, whether directly or indirectly, and will not cause, approve or otherwise
facilitate others such as agents or any third parties in doing so. If applicable to you, you represent and agree 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 and any other
applicable local authority 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.
Regulations and applicable local export control laws. You shall not export, import or transfer Products contrary
to U.S. or other applicable local laws, whether directly or indirectly, and will not cause, approve or otherwise
facilitate others such as agents or any third parties in doing so. If applicable to you, you represent and agree 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 and any other
applicable local authority 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.
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"). McAfee expressly disclaims any
express or implied warranty or condition of fitness for High Risk Activities.
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"). McAfee expressly disclaims any
express or implied warranty or condition of fitness for High Risk Activities.
11. Miscellaneous. This Agreement is governed by the laws of the Netherlands. The application of the United
Nations Convention of Contracts for the International Sale of Goods is expressly excluded. Disputes with respect
to this Agreement, as well as with respect to its conclusion and execution, will be submitted exclusively to the
competent court in Amsterdam. This Agreement sets forth all rights for the user of the Software and is the entire
agreement between the parties. McAfee reserves the right to periodically audit you to ensure that you are not
using any Software in violation of this Agreement. During your standard business hours and upon prior written
notice, McAfee may visit you and you will make available to McAfee or its representatives any records
pertaining to the Software to McAfee. The cost of any requested audit will be solely borne by McAfee, unless
such audit discloses an underpayment or amount due to McAfee in excess of five percent (5%) of the initial
license fee for the Software or you are using the Software in an unauthorized manor, in which case you shall pay
the cost of the audit. 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 McAfee. No provision hereof shall be deemed waived unless such waiver shall be in writing
and signed by McAfee or a duly authorized representative of McAfee. If any provision of this Agreement is held
invalid, the remainder of this Agreement shall continue in full force and effect. The parties have required that
this Agreement and all documents relating thereto be drawn up in English. Les parties ont demandé que cette
convention ainsi que tous les documents que s'y attachent soient rédigés en anglais.
to this Agreement, as well as with respect to its conclusion and execution, will be submitted exclusively to the
competent court in Amsterdam. This Agreement sets forth all rights for the user of the Software and is the entire
agreement between the parties. McAfee reserves the right to periodically audit you to ensure that you are not
using any Software in violation of this Agreement. During your standard business hours and upon prior written
notice, McAfee may visit you and you will make available to McAfee or its representatives any records
pertaining to the Software to McAfee. The cost of any requested audit will be solely borne by McAfee, unless
such audit discloses an underpayment or amount due to McAfee in excess of five percent (5%) of the initial
license fee for the Software or you are using the Software in an unauthorized manor, in which case you shall pay
the cost of the audit. 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 McAfee. No provision hereof shall be deemed waived unless such waiver shall be in writing
and signed by McAfee or a duly authorized representative of McAfee. If any provision of this Agreement is held
invalid, the remainder of this Agreement shall continue in full force and effect. The parties have required that
this Agreement and all documents relating thereto be drawn up in English. Les parties ont demandé que cette
convention ainsi que tous les documents que s'y attachent soient rédigés en anglais.
12. MCAFEE CUSTOMER CONTACT. If you have any questions concerning these terms and conditions, or if
you would like to contact McAfee for any other reason, please call +31 20 586 61 00 or write: McAfee,
Gatwickstraat 25, 1043 GL Amsterdam, Netherlands. You will find our Internet web-site at http://www.nai.com.
Gatwickstraat 25, 1043 GL Amsterdam, Netherlands. You will find our Internet web-site at http://www.nai.com.