27
or introduce the Beta Software, and that McAfee may not introduce a product similar
to or compatible with the Beta Software. Accordingly, you acknowledge that any
research or development that you perform regarding the Beta Software or any
product associated with the Beta Software is done entirely at your own risk. During
the term of this Agreement, if requested by McAfee, you will provide feedback to
McAfee regarding testing and use of the Beta Software, including error or bug
reports; you agree to grant McAfee a perpetual, non-exclusive, royalty-free,
worldwide license to use, copy, distribute, make derivative works and incorporate
the feedback into any McAfee product at McAfee’s sole discretion. If you have been
provided the Beta Software pursuant to a separate written agreement, your use of
the Beta Software is also governed by such agreement. Upon receipt of a later
unreleased version of the Beta Software or release by McAfee of a publicly released
commercial version of the Beta Software, whether as a stand-alone product or as
part of a larger product, you agree to return or destroy all earlier Beta Software
received from McAfee and to abide by the terms of the End User License Agreement
for any such later versions of the Beta Software. Your Use of the Evaluation or Beta
Software is limited to 30 days and use of freeware is available for only so long as
McAfee makes the freeware available unless otherwise agreed to in writing by
McAfee. McAfee is under no obligation to continue providing freeware or to update
such freeware.
8
Restrictions
. You may not sell, lease, license, rent, loan, resell or otherwise
transfer, with or without consideration, the Software. If you enter into a contract
with a third party in which the third party manages your information technology
resources (“Managing Party”), you may transfer all your rights to Use the Software
to such Managing Party, provided that (a) the Managing Party only Uses the
Software for your internal operations and not for the benefit of another third party;
(b) the Managing Party agrees to comply with the terms and conditions of this
Agreement, and (c) you provide McAfee with written notice that a Managing Party
will be Using the Software on your behalf. You may not permit third parties to
benefit from the use or functionality of the Software via a timesharing, service
bureau or other arrangement. You may not reverse engineer, decompile, or
disassemble the Software, except to the extent the foregoing restriction is expressly
prohibited by applicable law. You may not modify, or create derivative works based
upon, the Software in whole or in part. You may not copy the Software or
Documentation except as expressly permitted in Section 1 above. You may not
remove any proprietary notices or labels on the Software. All rights not expressly
set forth hereunder are reserved by McAfee.
9
Warranty and Disclaimer
.
a
Limited Warranty. McAfee warrants that for sixty (60) days from the date of
original purchase the media (e.g., CD ROM), if any, on which the Software is
contained and provided to you will be free from defects in materials and
workmanship.
b
Customer Remedies. McAfee’s and its suppliers' entire liability and your
exclusive remedy for any breach of the foregoing warranty shall be, at McAfee’s
option, either (i) return of the purchase price you paid for the license, or (ii)
replacement of the defective media in which the Software is contained. You
must return the defective media to McAfee 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
uf_SG720_qig_700-2240A00_en-us.fm Page 27 Monday, October 12, 2009 11:56 AM
