END USER TERMS OF SERVICE McAfee, Inc. ("McAfee") and end user ("End User") agree to the following terms of service ("Terms of Service") governing the use of certain McAfee products by the End User, which are delivered to the End User via the Amazon Web Services Marketplace (the "Products"). The following terms and conditions set forth in Sections 1 through 12 of these Terms of Service shall apply with respect to usage of the Products by the End User during any free trial period. If End User separately purchases a subscription to use the Products following any such free trial period, then the terms and conditions set forth in the applicable End User License Agreement at http://www.mcafee.com/us/about/legal/end-user-license-agreements.aspx shall apply. 1.0 GRANT OF LICENSE AND USE OF PRODUCTS. Subject to the terms and conditions of these Terms of Service, McAfee grants to End User a royalty-free, non-exclusive, non-transferable, limited term license to use the Products (including any updates or upgrades to the Products as may be provided by McAfee from time to time) on End User's computing devices solely for End User's internal business use and solely during the period in which End User has procured an Amazon Machine Image utilizing the Products. 2.0 TITLE; RESTRICTIONS. McAfee retains all right, title, and interest in and to the Products and all copies, improvements, enhancements, modifications, and derivative works of the Products, including, without limitation, all patent, copyright, trade secret, trademarks and other intellectual property rights. Except as set forth herein, McAfee grants no express or implied rights under this license to any of McAfee's patents, copyrights, trade secrets, trademarks or other intellectual property rights. End User shall not, and shall not authorize others to (a) sell, distribute, sublicense, rent, or lease the Products; (b) copy, make modifications to, translate, disassemble, decompile, reverse engineer, otherwise decode or alter, or create derivative works based on the Products, except as expressly permitted by applicable law; (c) use the Products in the operation of a service bureau; (d) publish any benchmark results pertaining to the Products; or (e) remove or alter any proprietary notices on the Products. 3.0 MAINTENANCE AND SUPPORT. McAfee may provide limited maintenance for the Products solely during the period in which End User has procured an Amazon Machine Image utilizing the Products. Such limited maintenance may include certain DATs (or detection definition files), signature sets, policy updates, database updates and certain other improvements to the Product. End User shall promptly download, implement and/or install Product updates or take any other action as may be required or recommended by McAfee from time to time. End User understands and acknowledges that if End User does not promptly download, implement and/or install Product updates or take any other action as may be required or recommended by McAfee from time to time, End User may be at increased risk to security vulnerabilities. End User is not entitled to telephonic support. End User is eligible to register for free McAfee online community-based support. For the avoidance of doubt, McAfee has the right, but is under no obligation whatsoever, to provide to the End User any Product maintenance and support. End Users may separately purchase enterprise-grade maintenance and support from McAfee. 4.0 TERMINATION AND RETURN OF PRODUCTS. McAfee may terminate End User's license to use the Products at any time with or without cause. These Terms of Service and End User's license to use the Products will automatically terminate upon termination of the Amazon Machine Image utilizing the Products. Upon termination, End User shall immediately discontinue use of, uninstall, and destroy any software Products. In the event End User fails to uninstall or destroy the Products, McAfee shall invoice End User for the then current McAfee list price for such Products, and End User agrees to pay such invoice upon receipt. Upon such payment, McAfee's then current End User License Agreement will apply to the Products. 5.0 NO WARRANTY. THE PRODUCTS MAY (A) HAVE LIMITED FEATURES; (B) FUNCTION FOR A LIMITED PERIOD OF TIME; OR (C) HAVE OTHER LIMITATIONS NOT CONTAINED IN A PAID-FOR COMMERCIAL VERSION OF THE PRODUCTS. THE PRODUCTS ARE PROVIDED "AS IS". MCAFEE DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND STATUTORY WARRANTIES OF NON-INFRINGEMENT. 6.0 LIMITATION OF LIABILITY. IN NO EVENT SHALL MCAFEE BE LIABLE TO END USER FOR (A) ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR (B) LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR SIMILAR DAMAGES OR LOSS, EVEN IF MCAFEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS LIMITED BY APPLICABLE LAW, AND REGARDLESS OF THE BASIS FOR END USER'S CLAIM, MCAFEE'S MAXIMUM LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO TEN US DOLLARS (US$10). THE FOREGOING LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. 7.0 CONFIDENTIAL INFORMATION. For purposes of these Terms of Service, "Confidential Information" shall include trade secrets contained within the Products, and other information (a) identified by either party as confidential at the time of disclosure or (b) that a reasonable person would consider confidential due to its nature and circumstances of disclosure ("Confidential Information"). Confidential Information will not include information that (a) is or becomes a part of the public domain through no act or omission of the receiving party; (b) was in the receiving party's lawful possession prior to receiving it from the disclosing party; (c) is lawfully disclosed to the receiving party by a third party without restriction on disclosure; or (d) is independently developed by the receiving party without breaching these Terms of Service. Each party agrees to maintain all Confidential Information in confidence and not disclose any Confidential Information to a third party or use the Confidential Information except as permitted under these Terms of Service. Each party shall take all reasonable precautions necessary to ensure that the Confidential Information is not disclosed by such party or its employees, agents or authorized users to any third party. Each party agrees to immediately notify the other party of any unauthorized access to or disclosure of the Confidential Information. The receiving party agrees that any breach of this Section 7.0 may cause irreparable harm to the disclosing party, and such disclosing party shall be entitled to seek equitable relief in addition to all other remedies provided by these Terms of Service or available at law. 8.0 NOTICE TO UNITED STATES GOVERNMENT END USERS. The software in the Products 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 in the Products and accompanying documentation by the United States government shall be governed solely by these Terms of Service and shall be prohibited except to the extent expressly permitted by these Terms of Service. 9.0 PRIVACY. By entering into these Terms of Service, End User agrees that McAfee may collect, retain and use personally identifiable data, including End User names, addresses, e-mail addresses and payment details. End User personal information will be used primarily to provide services and product functionality to End User either by McAfee or its contractors or business partners. McAfee may also use End User personal information for additional communication with End User subject to applicable laws. By entering into these Terms of Service, End User agrees to the transfer of End User's personal information to McAfee offices worldwide for the purposes stated above. For more detailed information on the collection, use and transfer of End User personal information, please read the McAfee privacy policy on the McAfee web site (www.McAfee.com). End User acknowledges and agrees that the software in the Products may contain functionality to detect and report threats and vulnerabilities on End User's computer network. Such functionality may automatically collect information about End User's system (including without limitation information regarding network, licenses used, operating system types, versions, total scanners deployed, database size etc) and submit such consolidated information to McAfee. 10.0 AUDIT. McAfee may, at its expense, upon reasonable prior written notice to End User and during standard business hours, audit End User with respect to End User's compliance with these Terms of Service no more than once per year. End User understands and acknowledges that McAfee utilizes a number of methods to verify and support software use by its customers. These methods may include technological features of the software in the Products that prevent unauthorized use and provide software deployment verification. Upon reasonable request, End User will provide a system generated report verifying End User's software deployment, such request to occur no more than two (2) times per year. McAfee will not unreasonably interfere with the conduct of End User's business. 11.0 EXPORT CONTROLS. End User acknowledges that the software in the Products is subject to U.S. and when applicable, European Union export regulations. End User shall comply with applicable export and import laws and regulations for the jurisdiction in which the software will be imported and/or exported. End User shall not export the software to any individual, entity or country prohibited by applicable law or regulation. End User is responsible, at End User's own expense, for any local government permits, licenses or approvals required for importing and/or exporting the software. For additional information regarding exporting and importing the software, see http://mcafee.com/us/about/export_compliance/index.html. McAfee reserves the right to update this website from time to time at its sole discretion. 12.0 GENERAL. These Terms of Service will be governed in accordance with the substantive laws of the state of New York without giving effect to its conflict of laws provisions. These Terms of Service may not be assigned by End User. Sections 2, 3, 4, 5, 6, 7, 8 and 9 will survive termination of these Terms of Service. These Terms of Service contain the complete agreement between the parties relating to the Products and supersedes any previous or contemporaneous agreement, proposal, commitment, representation, or other communication, whether oral or written, including any accompanying product description on the Amazon Web Services Marketplace. If End User separately purchases maintenance and support for the Products from McAfee, the terms and conditions set forth in the End User License Agreement provided to End User in connection with such maintenance and support purchase will apply to the Products; to the extent that any terms and conditions set forth in these Terms of Service conflict with any terms and conditions set forth in such End User License Agreement, the terms and conditions in such End User License Agreement will control.