Toshiba TEG Eula English.Pdf

Thank you for choosing a TOSHIBA computer. The following agreements describe your rights to use selected software pre-installed on your computer. By accepting this agreement or using the software , you agree to all of these terms and consent to the transmission of certain information during activation and for internet-based features of the software. Please note that you are not required to use the software and you may de-install it if you wish.

General Information

1. License Grant. The Software on this Device is licensed, not sold. With this End-User-License Agreement Toshiba grants to you a personal, non-transferable and non-exclusive right to use the copy of the Software provided on this Device. With respect to non-Toshiba Software, Toshiba is only passing through license rights which may be granted by the owner of licensor of the Software and Toshiba does not separately license these rights to you. Each copy of the software is owned by Toshiba and/or its suppliers. You agree you will not copy the Software except as necessary to use it on a single hardware product system at one location. You agree that you may not copy the written materials accompanying the Software. Modifying, translating, renting, copying, distributing, transferring or assigning all or part of the Software, or any rights granted hereunder, to any other persons and removing any proprietary notices, labels or marks from the Software is strictly prohibited. Furthermore, you hereby agree not to create derivative works based on the Software. You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all copies of the Software, and the recipient agrees to the terms of this EULA. If the Software is an upgrade, any transfer must include all prior versions of the Software and all copies thereof.

2. Copyright. You acknowledge that no title to the copyright or any other intellectual property rights in the Software is transferred to you. You further acknowledge that title and full ownership rights to the Software and all copies thereof will remain the exclusive property of Toshiba and/or its suppliers, and you will not by this EULA acquire any rights to the Software or any copies thereof, except the license expressly set forth above. All copies of the Software will contain the same proprietary notices as contained in or on the Software.

3. Use of Software with Copyrighted Materials; Indemnity.

Any materials (including but not limited to any and all works of authorship) used or stored on this hardware product or copied on or by this hardware product may be owned by third parties and covered by one or more U.S. or foreign copyrights or other intellectual property rights. Using, storing, copying, modifying, distributing, performing, or displaying such materials on this hardware product, or by or with this hardware product, or transmitting, sharing, or otherwise sending copies of such materials to other hardware products or other persons, may violate the copyrights or other intellectual property rights of such third parties and may subject you to civil and/or criminal liability.

You shall indemnify and hold Toshiba harmless from any and all damages, liabilities, costs, and expenses, including reasonable attorneys' fees and amounts paid in settlement of third party or government claims, incurred by Toshiba as a result of claims alleging the violation of any third party copyrights or other intellectual property rights based upon (a) using, storing, copying, modifying, distributing, performing, or displaying any third party materials on this hardware product, or by or with hardware product, or transmitting, sharing, or otherwise sending copies of such materials to other hardware products or other persons, or (b) your noncompliance with this EULA.

4. Limitations on Reverse Engineering, Decompilation and Disassembly. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity constitutes a fair use under applicable copyright law, or has a legitimate business purposes of accessing information that is not protected by any intellectual property rights, or is otherwise permitted by applicable law notwithstanding this limitation.

5. Disclaimer of Warranty and Limited Warranty.

THE HARDWARE PRODUCT LIMITED WARRANTY IS SET FORTH IN THE TOSHIBA STANDARD LIMITED WARRANTY ACCOMPANYING THE HARDWARE PRODUCT. TOSHIBA’S SOLE OBLIGATIONS WITH RESPECT TO TOSHIBA SOFTWARE IS SET FORTH IN THIS EULA. UNLESS OTHERWISE STATED IN WRITING, ALL TOSHIBA AND NON-TOSHIBA SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS

WITHOUT WARRANTY OF ANY KIND BY TOSHIBA. UNLESS NON-TOSHIBA SOFTWARE MANUFACTURERS, SUPPLIERS OR PUBLISHERS EXPRESSLY OFFER THEIR OWN WARRANTIES IN WRITING IN CONNECTION WITH YOUR USE OF THEIR NON-TOSHIBA SOFTWARE, SUCH NON- TOSHIBA SOFTWARE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND BY THE MANUFACTURER, SUPPLIER, OR PUBLISHER OF SUCH NON-TOSHIBA SOFTWARE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TOSHIBA AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES WITH REGARD TO THE SOFTWARE, EITHER EXPRESS -IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. NEITHER TOSHIBA NOR ITS SUPPLIERS WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TOSHIBA OR A TOSHIBA AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

6. Limitation of Liability. TOSHIBA AND/OR ITS SUPPLIERS’ ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU SEPARATELY FOR THE SOFTWARE OR U.S. $10.00 WHICHEVER IS LESS. IN NO EVENT SHALL TOSHIBA OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES FOR PERSONAL INJURY, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION/DATA, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IF TOSHIBA OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL TOSHIBA OR ITS SUPPLIERS BE LIABLE FOR ANY CLAIM BY A THIRD PARTY. SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SUCH LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. 7. Severability. If any provision of this EULA shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired.

TOSHIBA eco Utility End User License Agreement

TOSHIBA eco Utility provides improved energy management.

Notes for power plan:

TOSHIBA eco mode uses the “eco” power plan. If you change the default settings, this may change the effects of eco mode. If you are already using lower power consumption settings, you may see no additional benefits by using eco mode. TOSHIBA eco Utility estimates power savings by calculating the difference between the power consumption when eco mode is turned ON, and when it is turned OFF. If you change the settings of a typical Windows power plan, such as Balanced, to lower the power consumption, of if you change the Power Saver plan settings to lower power consumption, you may not see an additional benefit by using eco mode.

Notes regarding performance:

When you use applications which require higher system performance, such as TV or streaming video applications (e.g. when you record a TV program), it is recommended that you use a suitable power plan other than “eco”.

If you feel the screen is too dim, it is recommended that you adjust the display brightness to a comfortable level to avoid possible eye strain.

Notes regarding power consumption:

The eco utility shows approximate current power consumption and approximate accumulated power consumption. These power consumption approximations have a margin of error that varies by system depending upon design, components, and environment.

Displaying Power consumption in [eco Mode] window

When the AC adaptor is plugged in, the current power consumption in “eco Mode” window DOES NOT include electric power used for battery charging.

(*1) Depending on the application running, it is possible that the power consumption may be high, even though eco mode is on. This situation may happen under certain conditions (for example, if a virus scan or file search is running in the background). Even in such situations the power saving by eco mode still remains active.

Displaying Power consumption in [Home] and [Contribution] windows

[Home] window shows the approximate power consumption reduced by using eco mode on the last date the PC was used. Power savings are calculated using the difference between the power consumption when eco mode is turned ON, and when it is turned OFF.

Accumulated power consumption in [Home] and [Contribution] windows doesn’t include the power consumption during standby, hibernation, when the PC is turned off, or during bootup and during shutdown. It doesn’t include consumption of the AC adaptor itself and the natural electrical discharge of the battery (*1), therefore, it is not accurate enough to use for estimating reduced costs of electricity.

Displaying CO2 emission in [Home] window

[Home] window shows approximate CO2 emissions reduced by using eco mode on the last date the PC was used. Reduced CO2 emissions are calculated using CO2 conversion data (*2) established by the GHG Protocol (*3).

Accumulated CO2 emissions do NOT include power used during standby, hibernation, during boot-up or shut down, or when the PC is off. Also excluded is CO2 emissions related to the power consumed by the AC Adaptor itself or the natural discharge of the battery. (*1)

Notes for Peak Shift (*4)

Enabling TOSHIBA Peak Shift Control will repeatedly charge and discharge the battery. This will eventually charge and discharge the battery. This will eventually shorten each battery life cycle (operating time per single charge) and the overall life of the battery.

The length of time during which battery power can be used in the Peak Shift Time period varies depending on the model and operating conditions.

If one of the following occurs while the system is Off, the Peak Shift Function may be cancelled and normal charging methods resume.

- When the system is not turned off normally - When the battery pack and AC adapter are removed while the system is Off. - When plugging in the AC adaptor after the battery is completely drained while the system is Off

Notes for eco charge mode (*5)

If you enable this mode, you need to discharge the battery to approximately 50% at least once without plugging in the AC adapter. Failure to do so will result in eco charge mode not being enabled, and the battery life cycles will not increase.

If one of the following occurs, the eco charge mode may be cancelled.

- When the battery pack and AC adapter are removed while the system is Off. - When plugging in the AC adaptor after the battery is completely drained while the system is Off.

Please use TOSHIBA eco mode after reading and understanding the information above.

*1: Only on models that support a battery

*2: The data of “International Fuel-based Electricity Emission factors for CO2” in 2009. (As of Aug. 2012)

*3: The Greenhouse Gas Protocol

*4: Only on models that support Peak Shift function

*5: Only on models that support “eco charge mode”

TOSHIBA PC HEALTH MONITOR End User License Agreement (Laptop)

PC Health Monitor Software Notice & Acceptance

Welcome to Toshiba's PC Health Monitor. This application proactively monitors a number of system functions such as power consumption, battery health and system cooling, informing you of significant system conditions. This application recognizes the system and individual component serial numbers and will track specific activities related to the computer and their usage. The details of information monitoring, informing, tracking and collecting may be different by configuration of the product.

The system, component and usage information as tracked and collected, namely; basic computer information (e.g., product name, model number, part number, serial number, BIOS version, FW version), basic components information (e.g., Video device, Sound device, Network device, Hard Disk drive, Solid State drive, Optical Disc drive), operating system information (e.g., OS version, OS install date, Direct X version, Internet Explorer version, installed update program and driver lists, settings (power button action, lid close action, property of taskbar, file extension settings, user profile number), error information (BSoD, application error) ), component operation time/count/settings (e.g., for power switch, AC adapter, battery, LCD, fan, sound volume, wireless LAN switch, web camera, LAN adapter, wireless LAN adapter, Bluetooth, TouchPad, Docker, USB, Express Card, display port, eSATA port, audio port, SD card), usage of TOSHIBA provided features/applications(e.g., settings, operation, install state, launch times, wallpaper ), date of initial system power on, and usage of the system and components (e.g., keyboard (FN key count), buttons, power settings, power state, battery (temperature, charge and discharge capacity), CPU, memory, backlight (turn on time), thermal module temperature); is stored on the hard drive of your PC. The size of data stored on the HDD is very small, only about 20MB or less for each year of system activity. As well this program does not collect information which identify an individual.

The collected information is used to help monitor the system operation, notify you of system conditions and, if necessary, assist in diagnosing problems should the computer ever require service. Toshiba may also use such information for its internal quality assurance analysis. Subject to the use restrictions noted above, the stored data may be made available to entities located outside of your country or region of residence and those countries may or may not have the same data protection laws or data protection levels as required by your home country or region.

Transmission of collected data is performed when TOSHIBA Service Station is installed on your PC and it has "PC Health Info Connection" button and PC Health Info Connection feature is enabled. The transferred information will be analyzed statistically, and it will be used for the better product planning and development such as improvement of application software. For more details, please refer "PC Health Monitor Information Data Transmission Notice & Acceptance" of TOSHIBA Service Station which can be shown by clicking "PC Health Info Connection" button.

The PC Health Monitor or it's use does not in any way expand or modify Toshiba's obligations under its standard limited warranty. Toshiba’s standard limited warranty terms and limitations apply.

While we recommend that you enable the PC Health Monitor now, you may choose not to do so or to enable it at a later time. Once enabled, you may elect to disable the monitoring operation and uninstall the application at any time by using the "Uninstall a program" utility in the Control Panel. Uninstalling the PC Health Monitor will automatically delete all of the data previously collected and stored by the application.

Product Improvement Program End User License Agreement (Tablet)

Product Improvement Program Software Notice & Acceptance

Welcome to Toshiba's Product Improvement Program. This application recognizes the system and individual component serial numbers and will track specific activities related to the computer and their usage. The details of information tracking and collecting may be different by configuration of the product.

Subject to the use restrictions noted above, the stored data may be made available to entities located outside of your country or region of residence and those countries may or may not have the same data protection laws or data protection levels as required by your home country or region.

Transmission of collected data is performed when TOSHIBA Service Station is installed on your PC and it has "Product Improvement Program" button and Product Improvement Program Connection feature is enabled. The transferred information will be analyzed statistically, and it will be used for the better product planning and development such as improvement of application software. For more details, please refer "Product Improvement Program Information Data Transmission Notice & Acceptance" of TOSHIBA Service Station which can be shown by clicking "Product Improvement Program" button.

The Product Improvement Program or it's use does not in any way expand or modify Toshiba's obligations under its standard limited warranty. Toshiba’s standard limited warranty terms and limitations apply.

Once enabled, you may elect to disable the monitoring operation and uninstall the application at any time by using the "Uninstall a program" utility in the Control Panel. Uninstalling the Product Improvement Program will automatically delete all of the data previously collected and stored by the application.

TOSHIBA TEMPRO End User License Agreement

INTRODUCTION

For TOSHIBA Europe GmbH (TEG) user privacy is very important. We want you to feel confident visiting our websites and using our software. We are committed to protecting your privacy and we will only use the information that we collect about you lawfully in accordance with German and European Data Protection Laws.

This policy describes what information we collect, for what purpose we collect and use personal data from our users and what you can do if you wish your personal data to be deleted. We collect information about you for only one reason: to provide you with the best possible service.

Please read the information about TEMPRO thoroughly. If you do not agree with this End User Licence agreement of TEMPRO, the service will be stopped and the application will not run when you log-in.

WHAT INFORMATION DO WE COLLECT AND FOR WHAT PURPOSE?

TEMPRO requires data to be collected from time to time when it is necessary. TEG will not collect any personally identifiable information about you, such as your name, address, telephone number or email address ("personal information") through this service unless you provide it to us yourself.

Circumstances in which you may choose to provide us personal information include: (i) providing your name, mailing address, phone number, products you are purchasing; (ii) providing your email address so that we may send you information you request, or registering as a user so that you may gain access to particular information. If you do not wish for us to collect any personal information about you, do not submit it to us.

From time to time, TEMPRO makes a request from our servers in order to provide information for you. The requests include the serial number and model number, PC language and country settings, country code, the request type and category (sub-type), and the TEMPRO Software version. All the above listed details are non-personal and are essential to handle the request. Furthermore, the details are used to show you content according to your preferences and content that we think you might be interested in; send you information regarding our services; send you e-mails on various matters, including e.g. technical support, use of the service; contact you if we need to resolve support issues.

To stop the TEMPRO service, select the Disable option in the menu of the application.

DO WE SHARE YOUR DATA WITH ANYONE?

We may also provide this information to our agent acting on our behalf in connection with the activities described above. Such agent shall also be bound by and act according to TEG's data protection policy. TEG will not sell, rent, or in any way intentionally disclose personal information that you provide to us on this site to any third party (other than an agent acting on our behalf as described above).

Information collected by us is not shared nor is it sold to other parties. We do not sell or share this information with our advertising partners or advertising agencies.

SECURITY

TEG is committed to ensuring the security of your information. To prevent unauthorised access or disclosure, maintain data accuracy, and ensure the appropriate use of information, we have put in place appropriate physical, electronic and managerial procedures to safeguard and secure the information we collect.

CONTACT INFORMATION If you have any enquiry or concern about our privacy policy or you want to update, delete and/or correct the personal information that we hold about you, please contact the contact stated in our Privacy Policy.

For further information about TEG’s Privacy Policy, please visit http://eu.computers.toshiba- europe.com/innovation/generic/PRIVACY_POLICY/.

TOSHIBA Service Station Utility End User License Agreement

This application allows your computer to automatically search for TOSHIBA software updates or other alerts from TOSHIBA that are specific to your computer system and its programs (initially every 30 days, queries may occur more or less frequently due to internet outages, retries, direct user action, or a change in query policy on the TOSHIBA servers). When enabled, this application periodically transmits to our servers a limited amount of system information (namely, the Model, Part Number, UUID, preferred language, Serial Number, first boot date, alert or update viewing, update download and installation, and Operating System version, Software status, etc).

Should the aforementioned system information transmitted to TOSHIBA constitute personal information in your region, please note that this information will be treated in strict accordance with the rules and regulations outlined in this notice as well as applicable data protection law.

TOSHIBA may keep the information for seven (7) years, may use this information for technical and marketing support services, and may share it with TOSHIBA's World Wide Support organization or affiliated TOSHIBA companies or other third parties engaged by TOSHIBA for the purposes of rendering support services for their use in connection with system support.

When your computer searches our servers for updates or alerts, we will automatically provide you with the opportunity to update your computer or transmit the update or alert directly to your computer. We will also maintain a log of the updates or alerts that are installed on our servers.

While we recommend that you activate the TOSHIBA Service Station utility now, you may choose to do so at a later time, or choose not to use this function. If you choose to activate it at a later time, system information will still be collected on your system for transmission at a later time unless you choose not to use this function.

Once activated, this system will continue to provide you with notices of updates or alerts until you disable the utility. You can do this anytime by uninstalling the utility. Once uninstalled, you will not be notified of updates or alerts.

By choosing to activate the TOSHIBA Service Station utility now or at a later time by clicking the 'Accept' button, you agree to these terms and conditions and to the use and sharing of the information. If you choose not to use this application and/or do not agree to these terms and conditions, click the 'Decline' button and this application will not be activated, however, for notebook computers purchased in the United States or Latin America, limited system information may still be collected and transmitted pursuant to valid user notices in connection with other TOSHIBA programs.

By accepting these terms and conditions you also consent to the transfer of information to entities located outside of your country or region of residence, namely, Japan and the United States, and you acknowledge that those countries may or may not have the same data protection laws or levels as required by your home country. TOSHIBA Quality Application

For TOSHIBA’s internal quality assurance analysis, upon user’s first connection to the Internet, TOSHIBA automatically collects certain information on your device including, but not limited to, the equipment name, part number, serial number and/or initial date of hardware boot. This transmission is completely anonymous since no personally identifiable information is collected. This transmission is different from product registration.

This End User License Agreement is also available on the Toshiba website.

Intel Security License Agreement

Thank you for using Intel Security software and services (“Software”), provided by McAfee, a wholly owned subsidiary of Intel Corporation. This is a legal agreement between us—installing or accessing our Software means you are agreeing to these terms, so please read them carefully.

This Intel Security License Agreement (“Agreement”) covers your rights to use the Software, restrictions on that use, our right to automatically renew and charge you for paid versions or features of the Software, and your agreement to arbitrate any dispute that may arise between us. We have included links to additional terms, such as our Privacy Notice (http://www.mcafee.com/common/privacy/english/index.htm), which are important and together create this legal agreement that applies to you. Country-specific terms are located in the last section of the Agreement.

If you are under the age of 18, you are not permitted to use the Software or provide your personal information to us without the consent of your parent or guardian who must first accept this Agreement and administer the Software on your behalf.

1. Accepting this Agreement and Modifications – By clicking an acceptance button and installing the Software, you agree unconditionally to be bound by this Agreement and acknowledge that it is enforceable as a written contract signed by you. If you do not unconditionally agree to all of these terms, do not install, use or access this Software. To the extent any translated version of this Agreement conflicts with the English version, the English version controls. WE MAY MODIFY THIS AGREEMENT, INCLUDING THE CONFIDENTIAL ARBITRATION AND DISPUTE RESOLUTION PROVISION BELOW, FROM TIME TO TIME AT OUR SOLE DISCRETION FOR ANY REASON. For example, we may need to reflect changes in the law or updates in how the Software works. If we make material changes to this Agreement, such changes will be effective only after we communicate with you via the contact information you provided (or through other means) and give you an opportunity to review and accept or reject the updated Agreement within 30 days. All other changes to the Agreement will be effective immediately. It is very important that you keep your account information, including email address and other contact information, current. If you do not agree to the Agreement as amended, then you may continue to use the version of the Software you purchased for the current term of the Agreement, but you may not update the Software or renew the Agreement. If you withdraw your acceptance of this Agreement, you will need to uninstall and discontinue your use of the Software at that time. If you violate this Agreement, we may terminate your access to and use of the Software.

2. License to Use – We are pleased to grant you a nonexclusive limited license to install the Software for personal use in accordance with the terms and conditions of this Agreement. This license is limited to the number of your devices your subscription entitles you to, is nontransferable and is revocable by us as provided in this Agreement.

We, along with our suppliers and partners, retain ownership our respective Software and all rights related to the Software, including all intellectual property rights. The only rights we grant you are those rights expressly stated in this Agreement. Also, if you provide us any comments, information, opinions, or suggestions, which we consider “Feedback,” you allow us to use your Feedback without restriction, for any purpose and without compensation to you.

Your use of the Software is limited to devices and operating systems we support and may be affected by the performance and compatibility of your hardware, software and Internet access. Meeting system requirements is your responsibility and you are responsible for the cost of your equipment, which may include obtaining updates or upgrades from time to time in order to continue using the Software. System requirements are available on our website.

3. Term of Agreement – This Agreement is effective for the subscription term you purchased unless terminated earlier as permitted below. For paid versions of the Software, if no term was specified, the default term is one year from the date you first acquired the Software. For free versions of the Software, including any feature that we give you on a trial, courtesy or evaluation basis or that is labeled as “Pre- Release,” “Limited Release,” “Beta” or otherwise described as experimental, untested, or not fully functional (“Free Software”), this Agreement is effective for as long as we make the Software available to you. We may choose to provide you Free Software during or after your paid subscription and any use is subject to the terms of this Agreement for as long as the Free Software is in use. We may terminate this Agreement at our option if you fail to comply with its terms and conditions. You may also terminate this Agreement prior to the expiration of the term by permanently erasing the Software from your devices and canceling your account with us. If this Agreement is terminated, you must stop using the Software and, if you have not done so, you must permanently erase all copies of the Software.

If the Agreement terminates for any reason or expires, you will no longer be authorized to use or access the Software, including any online storage or backup services, and we may cancel and/or close your account at our sole discretion. After the termination or expiration date, we will follow our standard policies to delete any of your online stored or backed-up information, text, files, links, images or other materials provided to us (“Content”). It is your responsibility to store or backup your Content elsewhere before this Agreement expires or is terminated. We are not responsible for giving you a copy of your Content. Use of Software, at any time, is governed by the terms of this Agreement.

4. AUTOMATIC RENEWAL, CANCELLATION AND REFUND – YOU AGREE TO ALLOW US TO AUTOMATICALLY RENEW YOUR PAID SUBSCRIPTION. BEFORE YOUR TERM EXPIRES, WE WILL SEND A NOTICE TO THE E-MAIL ADDRESS YOU PROVIDED WHEN YOU SUBSCRIBED, INFORMING YOU OF THE UPCOMING RENEWAL. YOU WILL BE CHARGED THE RETAIL PRICE FOR THE SOFTWARE AS LISTED ON OUR WEBSITE AT THE TIME OF RENEWAL, EXCLUDING ANY PROMOTIONAL OR DISCOUNT PRICING. WE WILL SEND YOU VIA EMAIL A RECEIPT CONFIRMING THE RENEWAL DATE, PRICE, TERM AND ANY APPLICABLE TAXES. IF, AT THE TIME OF RENEWAL, THE SOFTWARE HAS BEEN RENAMED, UPGRADED OR REPLACED WITH A NEW PRODUCT OFFERING WITH COMPARABLE FEATURES (“REPLACEMENT”), WE MAY, AT OUR DISCRETION, AUTOMATICALLY RENEW YOUR SUBSCRIPTION WITH THE REPLACEMENT FOR NO MORE THAN THE UNDISCOUNTED RETAIL PRICE OF YOUR ORIGINAL SUBSCRIPTION, PLUS ANY APPLICABLE TAX. UPON RENEWAL, THE NEW TERM WILL BE THE SAME LENGTH AS THE EXPIRED TERM UNLESS OTHERWISE SPECIFIED BY US AT THE TIME OF RENEWAL. FOR SUBSCRIPTIONS OF ONE YEAR OR MORE, THE RENEWAL AND YOUR PAYMENT WILL BE PROCESSED WITHIN 30 DAYS OF THE CURRENT TERM EXPIRATION DATE AND EACH ANNIVERSARY THEREAFTER. WE WILL INFORM YOU OF YOUR ACCOUNT STATUS AND ANY CHANGES TO THE TERMS AND CONDITIONS OF YOUR SUBSCRIPTION.

ANY TIME AFTER PURCHASING A SUBSCRIPTION, YOU MAY CHANGE YOUR AUTOMATIC RENEWAL SETTINGS BY ACCESSING YOUR ONLINE ACCOUNT PAGE OR CONTACTING CUSTOMER SERVICE. IF YOU DO NOT WISH TO BE AUTOMATICALLY RENEWED, YOU MUST TURN OFF OR CANCEL AUTO-RENEWAL AT LEAST THIRTY DAYS BEFORE YOUR SUBSCRIPTION EXPIRES. IF YOU DO NOT TURN OFF OR CANCEL AUTO-RENEWAL, YOUR SUBSCRIPTION WILL CONTINUE UNTIL IT IS CANCELED BY YOU (OR TERMINATED BY MCAFEE PURSUANT TO THIS AGREEMENT).

If you have a monthly subscription, cancelling will not retroactively refund subscription payments, and previously charged subscription fees cannot be pro-rated based on cancellation date. Cancelling a monthly subscription will stop the recurring fee going forward, and you will have access to your subscription until the end of the month in which you notified McAfee of your cancellation.

For paid subscriptions other than monthly, you may end your use of the Software at any time and we will offer a refund (for the current term only) if requested within 60 days of purchase or renewal by contacting Customer Service. If you contact Customer Service to cancel your subscription more than 60 days after purchase or renewal, you are not entitled to a refund for any fees that you may have paid in advance for the current term, and you will remain liable for all fees you incur or accrue during the current term.

You are responsible for ensuring that your billing information is current, complete, and accurate. If we experience a problem processing payment using the information you originally provided, we may seek to complete your transaction directly through your credit or debit account with your financial institution to prevent an interruption in service.

You are responsible for any charges incurred with your data- or mobile-service provider in connection with your use of the Software, including any overage and penalties assessed for exceeding your data or minute allowance, or use of domestic or international short message service.

5. Privacy – We care deeply about your privacy and security and your online safety is a significant part of our essential mission. In order to provide services to you, we may collect and process personal and machine data, including sensitive information (e.g., biometrics, health related data, financial/billing information, and geo-location) in accordance with our Privacy Notice (http://www.mcafee.com/common/privacy/english/index.htm). We may transfer and process such data in the United States and other countries where we or our service providers have facilities. You agree that any use of the Software and any collection, processing, or sharing of information through the Software is governed by our Privacy Notice in effect at the time of your use.

We will periodically send you communications from the Intel Security family of companies related to the Software (including email, SMS/text, and in-product messaging) to keep you informed about important information related to your account, subscription, or Software you are entitled to receive. With your permission (implied or express), we will also send you commercial messages such as special offers, promotions, contests/sweepstakes, and events from us and selected third parties. You can unsubscribe from these commercial messages at any time. 6. Limits on Use – In order for us to keep the Software safe and available for everyone to use, we have to place some restrictions on what you can do with it. The Software is licensed to you, not sold, and it is protected by national and international laws and treaties in the United States and around the world. You do not have any right to reproduce or distribute the Software without our permission, and if you do so you may be subject to fines or any other penalties allowed by the civil and criminal laws of your country. You may not: reverse-engineer or otherwise try to derive source code from the Software, unless allowed by law; adapt or modify the Software or create derivative works based on the Software; publish, copy (other than backup copies if permitted by your subscription), sell, lend, rent, sublicense, assign or in any other way transfer the Software to anyone else; exploit the Software for any commercial purposes; attempt to circumvent technical protection measures in the software; use the Software to violate the law; or engage in any activity that interferes with anyone else’s use of the Software. If you have installed the Software on a mobile device and you transfer ownership of that device to someone else, you must ensure that any Software is deleted from that device and that the device information is removed from your account with us. We have the right to terminate or suspend this Agreement, your account, and/or your access to the Software if, in our sole discretion, we determine that you have violated this Agreement. The Software may contain enforcement technology that limits the size of content storage, bandwidth consumption, or the number of devices on which the Software may be installed or that allows us to suspend your access to the Software if you have violated this Agreement or if your subscription has expired.

7. Support, Updates & Product Lifecycle – End users with unexpired, paid subscriptions will receive technical support in accordance with our current standard-support offerings, policies, and procedures as described on our website. Our standard-support offerings, policies, and procedures may change from time to time at our sole discretion and may vary by country. Any obligation we may have to support the previous version of the Software ends when an upgrade, modified or later version, or other update to the Software (“Update”) becomes available. For your convenience and to ensure that the Software on your devices includes new features that we develop, by agreeing to this Agreement you give us permission to install Updates on your devices automatically when available, to the extent that it is possible for us to run such background installations. Any Updates or end-user technical support provided for Free Software that may be provided are provided at our sole discretion and may be discontinued at any time.

From time to time, at our sole discretion, we may elect to discontinue certain Software or particular features of the Software. “End of Support” refers to the date when we no longer provide automatic fixes, updates or technical assistance for particular Software. If a renewal term for your subscription would expire past the End of Support, you may not be eligible to renew your subscription, except as otherwise provided by Section 4 of this Agreement. For more information, please visit the McAfee Product Life Cycle page.

8. Terms That Apply to Specific Offers, Products or Features

Family Safety and Multi-User Products: To use any family safety or multi-user Software, you must be at least 18 years old, or, if you are under 18, you must be authorized by your parent or legal guardian to use the Software once your parent or legal guardian has accepted this Agreement and installed the Software on your behalf. If you are an adult, parent, or legal guardian, you may use the Software to track and monitor only your own children, children for whom you are the legal guardian, or others for whom you have authorization to track and monitor.

Free, Trial, Evaluation, Pre-Release and Beta Products: If the Software that you download or otherwise receive is Free Software, then this section of the Agreement shall also apply. To the extent that any provision in this section is in conflict with any other term or condition in this Agreement, this section shall supersede such other term(s) and condition(s) with respect to such Free Software, but only to the extent necessary to resolve the conflict. All Free Software is provided as is, without any warranty, indemnity, maintenance or support, express or implied, subject to any statutory rights that cannot be excluded or limited by law. You acknowledge that Free Software may contain bugs, errors and other problems that could cause system or other failures and data loss. You acknowledge that we have not promised or guaranteed to you that Free Software will be announced or made available to anyone in the future, that we have no express or implied obligation to you to announce or introduce Free Software, and that we are not obligated to introduce a product similar to or compatible with Free Software or any updates to any Free Software. Accordingly, you acknowledge that any use of the Free Software is entirely at your own risk.

“Life of Your (Device)” Subscription: McAfee “Life of Your (Device)” subscription can be applied to a single Windows PC or Android mobile device (“Your Device”) if included in your purchase of Your Device, or on no more than three of Your Devices if you purchased the McAfee “Life of Your (Device) subscription separately. Once properly installed onto Your Device, the McAfee “Life of Your (Device)” subscription will be active for the remainder of Your Device’s useful life, and you are entitled to English-language telephone and web-based technical support during normal business hours for one year, and English- language web-based technical support, as long as the operating system currently installed on Your Device is not more than two versions older than the most-current version (for example, “Windows 8.x” or “Android 4.x” , for the industry-standard useful life of Your Device (industry standard useful life for a PC is 5-7 years, or 3 years for a tablet or smartphone). The McAfee “Life of Your (Device)” subscription is not transferable or movable to any other person, PC, or device in any event or under any circumstance. If you sell or otherwise transfer Your Device to another person prior to the end of Your Device’s useful life, your McAfee “Life of Your (Device)” subscription will void and terminate, and the subsequent owner of Your Device will not have the right to install, use, or possess the McAfee “Life of Your (Device)” subscription. Any attempt to transfer, move, or reinstall the McAfee “Life of Your (Device)” subscription on another PC or device, or to install the subscription on more than the original PC or device, or original three PCs or devices, as applicable, will void and terminate your right to install, use, or possess the McAfee “Life of Your (Device)” subscription. In order to stay current and receive support, you must update your McAfee “Life of Your (Device)” software periodically and upgrade to the latest version of the same McAfee product level of software. If at any time, you decide to upgrade to a different McAfee product other than the McAfee “Life of Your (Device)” subscription, that product upgrade: (1) will be subject to payment of that product’s subscription/license fee; (2) will NOT be a ” Life of Your (Device)” license; and (3) your subscription and license to McAfee “Life of Your (Device)” subscription will automatically terminate without notice or refund of money previously paid.

McAfee SECURE: The McAfee SECURE service is a paid service for website owners that examines their websites for potential vulnerabilities on a daily basis, and, if no issues are found, enables the site to display a McAfee SECURE trustmark. The McAfeeSECURE.com domain has additional specific terms governing the McAfee SECURE service at this link:http://www.mcafeesecure.com/us/terms.jsp.

Passwords and Identity Management: You are responsible for the security of your password and for keeping your account secure. You should keep your password and/or encryption key for your account secure because without them you may lose access to your data. You are solely responsible and liable for any activity that occurs under your account, including by anyone who uses your account. If there is any unauthorized use or access to your account, you must let us know immediately. We are not responsible for any loss caused by unauthorized use of or access to your account; however, you may be liable for any losses we or others suffer because of the unauthorized use. WE DO NOT HAVE ACCESS TO MASTER PASSWORDS AND CANNOT RECOVER YOUR ENCRYPTED DATA IF YOU FORGET THE MASTER PASSWORD FOR ANY PASSWORD MANAGEMENT FEATURE OR PRODUCT. We offer both free and premium versions of our password and identity management Software, and the free versions limit the maximum number of unique accounts (such as a website or application login) that you can store. If you have downloaded a premium version of the Software at no cost during a promotion, then when the promotional period ends you will not be permitted to add any new unique accounts if you have exceeded the maximum number permitted by the free version. IN ADDITION, IF YOU ORIGINALLY DOWNLOADED SOFTWARE OR SERVICES FROM PASSWORDBOX UNDER ITS FREE-FOR-LIFE MEMBERSHIP PROGRAM OR A SIMILAR “LIFETIME” PROMOTION OR OFFER, THOSE PROMOTIONS OR OFFERS DO NOT APPLY AND ARE NOT TRANSFERABLE TO THE SOFTWARE. If you download any Intel Security password or identity management Software, that download will be subject to all subscription fees that are published in connection with that download, as well as the terms and conditions of this Agreement.

SiteAdvisor: SiteAdvisor is a software program and website that provides users with an opinion to guide users about certain risks that may be associated with a website. The SiteAdvisor software displays color- coded symbols next to links provided by major search engines, and the SiteAdvisor.com site has dossier pages to provide information on the factors that affect the site rating. The SiteAdvisor site ratings are primarily derived using automated methods; the software cannot detect or examine every possible aspect of website design, nor can it determine the intent of the site owner. McAfee does not control or assume responsibility for the content of the third-party sites, and some of the third-party sites may have content that you find objectionable, inappropriate, or offensive. THE SITEADVISOR SITE RATINGS ARE NOT A GUARANTEE OF ANY PARTICULAR SITE’S SPECIFIC PRACTICES OR TRUSTWORTHINESS, AND IN NO CASE DO THE SITEADVISOR SITE RATINGS REPRESENT AN ENDORSEMENT BY MCAFEE OF THE SITE’S CONTENT, GENERAL SUBJECT MATTER, OVERALL QUALITY, OR USEFULNESS.

9. Binding Arbitration and Class Action Waiver

Agreement to Arbitrate Disputes: Any claim, dispute or controversy (“Claim”) by either you or us against the other arising from, relating to or in any way concerning the Agreement, the Software, or any equipment, products, or services you receive from us (or from any advertising for any such products or services) shall, at the demand of either party, be resolved by confidential binding arbitration. This agreement to arbitrate also includes claims relating to the enforceability or interpretation of any of these arbitration provisions. However, we will not demand arbitration pursuant to this Agreement in connection with any individual claim that you properly file and pursue in a small-claims court of your state or municipality, so long as the claim is pending only in that court and the claim is on an individual (non-class, non-representative) basis.

This agreement to arbitrate includes all controversies and claims of any kind, regardless of the type of claim or legal theory or remedy (damages, injunctive relief, or declaratory relief). The disputes subject to this arbitration agreement include not only claims by you, but also made on your behalf or connected with you, such as an employee, representative, agent, predecessor, successor, heir, assignee, or trustee in bankruptcy. Disputes subject to this arbitration agreement include not only claims that relate directly to us, but also to our parent, affiliates, successors, assignees, employees, and agents. This agreement to arbitrate includes claims asserted as part of a class action, private attorney general or other representative action, it being expressly understood and agreed to that the arbitration of such claims must proceed on an individual (non-class, non-representative) basis and the arbitrator may award relief only on an individual (non-class and non-representative) basis. YOU AND WE AGREE THAT NO CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE CLAIMS MAY BE PURSUED IN ARBITRATION, NOR MAY SUCH ACTION BE PURSUED IN COURT, IF EITHER YOU OR WE ELECT ARBITRATION, BY ACCEPTING THIS ARBITRATION AGREEMENT, YOU AGREE TO WAIVE THE RIGHT TO INITIATE OR PARTICIPATE IN A CLASS ACTION, REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR CONSOLIDATED ARBITRATION IN ANY MATTER ENCOMPASSED BY THIS ARBITRATION PROVISION.

Notice of Dispute: If either of us intends to seek arbitration, the party seeking arbitration must first notify the other party of the dispute in writing at least 30 days in advance of initiating arbitration. Notice should be sent to McAfee, Inc., 5000 Headquarters Drive, Plano, TX 75024, Attention: Legal Department. The notice must include your name, address, and contact information, the facts giving rise to the dispute, and the relief requested. You and McAfee will attempt to resolve any dispute through informal negotiation within 60 days from the date of the Notice of Dispute is sent. After 60 days, you or McAfee may commence arbitration.

Administration of Arbitration: If you and McAfee do not resolve any dispute by informal negotiation or in small claims court, any claim, dispute, or controversy will be conducted exclusively by binding arbitration governed by the Federal Arbitration Act (“FAA”), and not state law. YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. Instead, all disputes will be resolved on an individual basis before a single, neutral arbitrator and the proceeding shall be confidential. The arbitrator will be either a lawyer admitted to practice law in his or her jurisdiction and with at least ten years’ experience or a retired or former judge selected in accordance with the rules of the AAA. The arbitrator is bound by the terms of this Agreement, and the arbitration shall be governed by the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes of the AAA, as modified by this Agreement (the “Arbitration Rules”). For more information, see adr.org or call 1-800-778-7879.

Except with respect to any claims or counterclaims seeking less than $25,000, the arbitrator shall issue a reasoned, written decision sufficient to explain the essential findings and conclusions on which the award is based. All arbitration proceedings shall be conducted in English, and the United States FAA shall apply to the Agreement and the binding arbitration. The award shall be confidential and only disclosed as is necessary to obtain judgment or as otherwise required by law.

Where authorized by applicable law, the arbitrator’s award may include attorneys’ fees and other expenses. The arbitration award shall determine the rights and obligations between the named parties only, and only in respect of the claims in arbitration, and shall not have any bearing on the rights and obligations of any other dispute.

Costs: The party initiating the arbitration shall pay the initial filing fee. If you file the arbitration and an award is rendered in your favor, McAfee will reimburse you for your filing fee. If there is a hearing, we will pay the fees and costs for the first day of that hearing. All other fees and costs will be allocated in accordance with the arbitration rules. However, we will advance or reimburse filing and other fees if the arbitrator rules that you cannot afford to pay them or if you ask us and we determine there is a good reason for doing so. Each party shall bear the expense of their respective attorneys, experts, and witnesses and other expenses, regardless of who prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines.

Right to Resort to Provisional Remedies Preserved: Nothing herein shall be deemed to limit or constrain our right to resort to self-help remedies or to comply with legal process, or to obtain provisional remedies such as injunctive relief, attachment, or garnishment by a court having appropriate jurisdiction; provided, however, that you or we may elect to arbitrate any dispute related to such provisional remedies. Conflicting Terms: In the event of a conflict between the Arbitration Rules and this arbitration agreement, this arbitration agreement shall govern.

If any portion of this arbitration agreement is deemed invalid or unenforceable, it shall not invalidate the other provisions of the arbitration agreement; provided, however, that (a) if the prohibition on classwide arbitration is deemed invalid, then this entire arbitration agreement shall be null and void; and (b) if the prohibition on arbitration of representative claims brought in a private attorney general capacity is deemed invalid, then the arbitration agreement shall be null and void as to such claims only. This arbitration agreement shall survive the termination or cancellation of this Agreement. In the event of a conflict between this arbitration agreement and any other applicable arbitration provision, this arbitration agreement shall control.

WAIVER OF JURY TRIAL: IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND MCAFEE AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU AND MCAFEE UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY DISPUTE THAT IN ANY WAY RELATES TO OR ARISES OUT OF THE AGREEMENT OR FROM ANY EQUIPMENT, PRODUCTS AND SERVICES YOU RECEIVE FROM US (OR FROM ANY ADVERTISING FOR ANY SUCH PRODUCTS OR SERVICES). IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT.

10. Law Covering This Agreement – Except as provided in Section 20 below, this Agreement, the use of the Software, the relationship of the parties, and any disputes arising out of, concerning, or relating to the Agreement, including any disputes between you and us, will be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law principles, except that the FAA governs all provisions relating to arbitration. If for any reason, the laws of the State of New York are found not to apply, then, except as provided in Section 20 below, this Agreement, the use of the Software, the relationship of the parties, and any disputes arising out of, concerning, or relating to the Agreement, including any disputes between you and us, will be governed by and construed in accordance with the laws of the State of Texas, excluding its conflict of law principles, except that the FAA governs all provisions relating to arbitration. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply to the Software.

11. Limited Warranties; Disclaimer of Other Warranties – For 30 days after the purchase date, for paid versions of the Software only, we warrant that the Software licensed under this Agreement (including updates provided during the warranty period but only until the warranty lapses) will perform substantially in accordance with the documentation provided by us in connection with that Software at the time of purchase, and that any tangible medium (such as a CD-ROM, but excluding devices manufactured by other companies) on which the Software is contained and provided to you will be free from defects in materials and workmanship. We do not warrant or guarantee that any particular mobile device or computer will be compatible with or function with the Software, nor do we warrant or accept any liability for the operation of your personal equipment that is used to access the Software. Your sole remedy, and our and our suppliers’ entire liability, in case of any breach of this limited warranty is that we will, at our option, refund the price you paid for the license, replace the defective medium that contains the Software, or provide an alternative remedy as required by local consumer law in your jurisdiction. These remedies may not be available in some countries to the extent that we are subject to restrictions under applicable export-control laws and regulations. If the tangible medium is defective, you must return it at your expense to the place where you bought it and provide a copy of your receipt. Any replacement medium will be warranted for the remainder of the original warranty period. THE ABOVE WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES. THEY REPLACE ALL OTHER WARRANTIES, REPRESENTATIONS, TERMS OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY, PERFORMANCE, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. EXCEPT FOR THE LIMITED WARRANTY IN THIS SECTION, THE SOFTWARE IS PROVIDED AS IS. YOU ARE RESPONSIBLE FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, FOR INSTALLING AND USING THE SOFTWARE, AND FOR THE RESULTS OBTAINED. WE DO NOT WARRANT OR GUARANTEE THE SOFTWARE’S USE OR PERFORMANCE. WE DO NOT WARRANT OR GUARANTEE THAT THE SOFTWARE’S OPERATION WILL BE FAILSAFE, UNINTERRUPTED, OR FREE FROM ERRORS OR DEFECTS, OR THAT THE SOFTWARE WILL PROTECT AGAINST ALL POSSIBLE SECURITY THREATS (INCLUDING INTENTIONAL MISCONDUCT BY THIRD PARTIES), THAT THERE WILL BE NO MALFUNCTIONS OR OTHER ERRORS IN THE SOFTWARE CAUSED BY VIRUS, INFECTION, WORM OR SIMILAR MALICIOUS CODE NOT INTRODUCED OR DEVELOPED BY US, OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS. WE ARE NOT LIABLE FOR ANY DOWNTIME OR SERVICE INTERRUPTION, FOR ANY LOST OR STOLEN DATA OR SYSTEMS, OR FOR ANY OTHER DAMAGES ARISING OUT OF OR RELATING TO ANY ACTIONS OR INTRUSIONS.

The Software is not fault-tolerant and is not designed or intended for high-risk activities such as use in hazardous environments requiring failsafe performance, including nuclear-facilities operations, air traffic communication systems, 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. We expressly disclaim any express or implied warranty of fitness for high-risk activities.

12. Limitation of Liability – NO LIABILITY FOR NONDIRECT DAMAGES. UNDER NO CIRCUMSTANCES ARE WE OR OUR SUPPLIERS, LICENSORS OR OTHER THIRD-PARTY SERVICE PROVIDERS LIABLE TO YOU FOR ANY: (A) INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES; (B) THEFT OF PERSONALLY IDENTIFIABLE INFORMATION OR COST OF PROCURING SUBSTITUTE SOFTWARE OR SERVICES, AND (C) DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF PERSONNEL SALARIES, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, OR NEGLIGENCE OF ANY KIND, OR FOR ANY OTHER NONDIRECT DAMAGE OR LOSS. IN NO EVENT WILL OUR, OUR AFFILIATES’ OR OUR SUPPLIERS’, LICENSORS’ OR OTHER THIRD-PARTY SERVICE PROVIDERS’ AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES UNDER THIS AGREEMENT EXCEED THE PRICE YOU PAID FOR THE APPLICABLE SOFTWARE, OR US$ 100 (OR THE EQUIVALENT AMOUNT IN NATIONAL CURRENCY) IF YOU USED FREE SOFTWARE. You agree to the limitations of liability in this Section 12 and acknowledge that without your agreement to this term, the fee charged for the Software would be higher. Nothing in this Agreement limits any rights you may have under existing consumer- protection statutes or other applicable laws that may not be waived by contract in your jurisdiction.

13. Government End Users and Export Control – The Software is commercial computer software under DFARS Section 217.7202, the Defense Federal Acquisition Regulations Supplement (codified under Chapter 2 in Title 48, Code of Federal Regulations). The accompanying documentation (if any) is commercial-computer-software documentation under FAR Section 12.212, the Federal Acquisition Regulations (codified in Title 48 of the United States Code of Federal Regulations). Any use, modification, reproduction, release, performance, display, or disclosure of the Software and accompanying documentation by the United States Government is governed solely by this Agreement and is prohibited except to the extent expressly permitted by this Agreement.

Your use of the Software and its related documentation, including technical data, may not be exported or re-exported in violation of the U.S. Export Administration Act, its implementing laws and regulations, the laws and regulations of other U.S. agencies, or the export and import laws of the jurisdiction in which you obtained the Software. Export to a particular individual, entity, or country may be prohibited by law. Information about import restrictions can be found at the following websites: http://www.treas.gov/ofac and http://export.gov/ecr/eg_main_022148.asp.

14. Third Party Programs – Some third-party materials included with the Software may be subject to other terms and conditions, which are typically found in a “Read Me” or an “About” file accompanying the Software. Those third-party materials may include software source code licensed by third parties under one or more open-source or free-software licenses, including the GNU General Public License (GPL), which are considered “Open Source Software.” The Open Source Software is licensed under terms and conditions different from this Agreement and may, in some cases, conflict with the terms of this Agreement and will apply instead of the terms of this Agreement. If an Open Source Software license requires us to distribute any source code related to the Software or any modifications to the Software, we will make the source code available on request.

15. No Waiver – We do not waive any provision of this Agreement unless we waive it in a signed writing.

16. Severability – If any part of this Agreement is for any reason held to be unenforceable, that part is, to that extent, deemed omitted, and the rest of it remains fully enforceable; PROVIDED HOWEVER, THAT THE ARBITRATION AGREEMENT SHALL NOT APPLY TO ANY CLAIMS AS TO WHICH THE LIMITATIONS ON CLASS ACTIONS OR CONSOLIDATED ARBITRATION ARE NOT PERMITTED BY APPLICABLE LAW.

17. Complete Agreement – This Agreement, including McAfee’s Privacy Policy which is incorporated in this Agreement, constitutes the entire agreement between you and us and governs your use of the Software. This Agreement completely replaces any prior agreements between you and us in relation to the Software, and any other communications, representations, or advertising relating to the Software. This Agreement operates to the fullest extent permissible by law.

18. Licensing Entities – The Software is licensed to you by one of these McAfee legal entities:

• McAfee, Inc., a Delaware corporation, with offices located at 2821 Mission College Blvd., Santa Clara, California 95054, USA, if the Software is downloaded in the United States, Mexico, Central America, South America, or the Caribbean;

• McAfee Security S.A.R.L. with offices located at 26, Boulevard Royal, 2449 Luxembourg, Luxembourg, if the Software is downloaded in Canada, Europe, the Middle East, Africa, Asia, or the Pacific Rim; or

• McAfee Co., Ltd. with offices located at Shibuya Mark City West Building 12-1, Dougenzaka 1- Chrome, Shibuya-ku, Tokyo 150-0043, Japan, if the Software is downloaded in Japan.

19. How do I contact Intel Security/McAfee?

• Customer Service & Technical Support: http://service.mcafee.com

• Privacy: [email protected]

20. Local Law – The subsections below contain information regarding the local laws of certain jurisdictions that will apply to this Agreement and may supersede certain provisions as referenced herein.

Australia – For consumers in Australia: The benefits to you under the limited warranties in Section 11 of this Agreement are in addition to other rights and remedies of you may have under a law in relation to the goods or services to which the warranty relates. Our goods come with guarantees that cannot be excluded under Schedule 2 of the Competition and Consumer Act 2010 (Cth) (“Australian Consumer Law”). You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. This warranty is made by McAfee Security S.a.r.l., with offices located at 26, Boulevard Royal, 2440 Luxembourg, Luxembourg, but you may call 1800 998 887 with questions regarding our warranty for Australian customers. Any claims made under this warranty must be sent, at your expense, to the following address:

Legal Department

McAfee Australia Pty Ltd

Level 20

201 Miller Street

North Sydney NSW 2060

For customers located in Australia, if a tangible medium on which software was delivered is defective, you must return the defective medium to McAfee at your expense, with a copy of your receipt, within 14 days of discovering the defect. McAfee will notify you of receipt within 14 days of receiving it.

THE DISCLAIMERS IN SECTIONS 11 DO NOT APPLY TO YOU TO THE EXTENT THAT AUSTRALIAN LAW DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF ANY APPLICABLE STATUTORY GUARANTEES, EXPRESS OR IMPLIED WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS. IN THAT CASE, THE EXPRESS OR IMPLIED WARRANTIES ARE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

THE LIMITATIONS ON LIABILITY SET FORTH IN SECTION 12(C) DO NOT APPLY TO CONSUMERS IN AUSTRALIA.

NOTHING IN THIS AGREEMENT LIMITS ANY RIGHTS YOU MAY HAVE UNDER EXISTING CONSUMER-PROTECTION STATUTES OR OTHER APPLICABLE LAWS, INCLUDING AUSTRALIAN CONSUMER LAW, THAT MAY NOT BE WAIVED BY CONTRACT IN YOUR JURISDICTION.

Canada – If you downloaded the Software in Canada, unless expressly prohibited by local law, then this Agreement, the use of the Software, the relationship of the parties, and any disputes arising out of, concerning, or relating to the Agreement, including any disputes between you and us, will be governed by and construed in accordance with the laws in force in the Province of Ontario, Canada.

European Union, Iceland, Norway, or Switzerland – If you acquired the Software in the European Union, Iceland, Norway, or Switzerland, then national law of the country where you downloaded the Software applies.

Japan - If you downloaded the Software in Japan, then this Agreement, the use of the Software, the relationship of the parties, and any disputes arising out of, concerning, or relating to the Agreement, including any disputes between you and us, will be governed by and construed in accordance with Japanese law without regard to its choice-of-law rules. Netherlands - For customers in the Netherlands, any automatic renewal of your original subscription will be for an indefinite term, billed in accordance with the terms of your subscription. You may terminate your renewed subscription any time after renewal by contacting Customer Service and providing at least 30 days’ notice of your intent to terminate and we will provide a prorated refund in accordance with local law. If you do not want your subscription to renew automatically you must turn off auto-renewal in your account settings 30 days before the expiration of your initial subscription.

21st November 2014

SWEETLABS TERMS OF SERVICE

SweetLabs, Inc. (“we” or “SweetLabs”) welcomes You to our websites, software, products and services (our “Services”) owned and operated by SweetLabs which post, include or link to these Terms of Service (the “Agreement”).

THIS AGREEMENT GOVERNS YOUR USE OF THE SERVICES PROVIDED BY SWEETLABS. By using, downloading, installing or visiting our services, YOU OR THE ENTITY OR COMPANY THAT YOU REPRESENT ("YOU"), acknowledge that you accept the terms, conditions, restrictions and policies outlined in this agreement, including our Privacy Policy, AVAILABLE AT http://r.sweetlabs.com/win- privacy-policy. Please read the following agreement carefully.

1. LICENSE. You accept this Agreement by actually using the Services. You may not use the Services if you do not accept this Agreement. Subject to Your compliance with all the terms of this Agreement, SweetLabs hereby grants You a limited, personal, non-assignable, non-sublicenseable, nonexclusive, non-transferable license to use the Services solely for Your personal use and solely in accordance with any documentation that accompanies it.

2. USAGE. You agree to use the Services only for the purposes that are permitted by this Agreement and by any applicable law, regulation, or generally accepted practices or guidelines in any relevant jurisdiction (including any laws governing the export or import of data or software to and from the United States or other relevant jurisdictions). You may not use the Services, if you are under the age of thirteen (13) or you are a person barred from using or receiving the Services under the laws of the United States or other relevant jurisdiction.

3. RESTRICTIONS. You agree not to, and agree not to permit anyone else to: (i) misuse the Services, or engage in any activity that damages, interferes with or disrupts the Services; (ii) copy or distribute the Services; (iii) modify, reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of the Services; (iv) license, sell, rent, lease, transfer or host the Services; (v) use the Services to infringe the intellectual property rights or proprietary rights, or rights of publicity or privacy, of any third party; (vi) use the Services to violate any law, statute, ordinance or regulation; (vii) use the Services to disseminate information or materials that is infringing, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (viii) use the Services to disseminate any software viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

4. OWNERSHIP. You acknowledge that all title, ownership rights, and intellectual property rights in and to the Services, and any copies or portions thereof, shall remain in SweetLabs and its suppliers or licensors. You understand that SweetLabs may modify or discontinue offering the Services at any time. Portions of the Services may be protected by the copyright laws of the United States and international copyright treaties. You acknowledge that no rights are provided under this Agreement except as expressly granted herein. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed or contained within or on the Services.

5. THIRD PARTY SERVICES. The Services may also provide an opportunity for You to interface with, download, link to and/or import applications, websites, functionality, services and content ("Third Party Services") offered or made available by third parties not affiliated with SweetLabs (“Third Party Providers”).

This Agreement does not apply to (and we are not responsible for) such Third Party Services, and this Agreement does not govern the practices of such Third Party Providers. You acknowledge and agree that SweetLabs does not warrant or endorse, and does not assume and will not have liability to You or any other person for, any Third Party Services, and that Your use of such Third Party Services is at Your own risk.

Your access or use of the Third Party Services, including the download or use of an application available on or through the Services, may be subject to applicable third party rights, terms and conditions and privacy policies, and may require that you accept additional terms for such access or use, including acceptance of a separate end user license agreement, terms of service, terms of use or privacy policy (“Third Party Terms”). In the event of any conflict between this Agreement and Third Party Terms applicable to a Third Party Service, the Third Party Terms shall govern the use of such Third Party Service.

Some Third Party Services may be made available to you at no charge while others may require a fee, or may provide an opportunity to purchase products or services. Such Third Party Services may also make available to You various payment processing methods to facilitate the payment of fees, or the purchase of products or services, through the Third Party Service. SweetLabs does not process, receive or store Your financial details. You agree you are solely responsible for all fees associated with such Third Party Services that require a fee, and for the cost of any purchases you make via a Third Party Service. You further agree to abide by any relevant terms of service or other legal agreement, whether with SweetLabs or a third party, that governs your use of a given payment processing method.

You agree that You are solely responsible for, and SweetLabs has no responsibility to You or any third party for, any breach of Your obligations under this Agreement or any obligations you may have with respect to a Third Party Service or Third Party Terms, and for the consequences of any such breach.

6. THIRD PARTY CODE. Portions of code included in or with the Services may contain or may be derived from third party code ("Third Party Software"), including without limitation, open source software. ALL USE OF THIRD PARTY SOFTWARE IS SUBJECT TO AND GOVERNED BY THE RESPECTIVE LICENSES FOR THE THIRD PARTY SOFTWARE AVAILABLE AT http://r.sweetlabs.com/win-3rd-party- licenses, as it may change from time to time.

7. DATA USAGE. In order to provide certain functionality of the Services, ensure proper functioning of the Services, and update and improve the Services, SweetLabs may collect data from the Services, or may automatically update the Services, including updates to software provided as part of the Services, from time to time. The Services also may contain automated reporting routines that will automatically identify and analyze certain aspects of installation, use and performance of the Services and provide reports to SweetLabs. The collection and usage of any information collected by SweetLabs through the Services, other than information collected through Third Party Services, shall be governed by the SweetLabs Privacy Policy, made available online at http://r.sweetlabs.com/win-privacy-policy. You hereby agree to the SweetLabs Privacy Policy, as that policy may be changed from time to time. When SweetLabs changes such policy in a material way a notice will be posted on the website at http://r.sweetlabs.com/win-privacy-policy, and when any change is made in such policy, the updated policy will be posted at the link above or a successor link.

Please note that Your access or use of Third Party Services, including use of a third party app provided through the Services, or an app that accesses a Third Party Service, may cause information to be shared with such Third Party Service in a manner not governed by this Agreement or the SweetLabs Privacy Policy. Your rights with respect to privacy and data in such circumstances will be governed solely by the terms for such Third Party Service, and information collected by Third Party Services shall be governed exclusively under the privacy policies of such respective Third Party Services.

8. USER ACCOUNTS. If you are a user of the Services for the SweetLabs platform, sites or apps, you may, but are not required to, establish a SweetLabs user account (“Account”). To establish an Account, you may be required to provide information about yourself, such as your name, age and email address. You agree that any such information you provide will always be accurate, correct and up to date.

Any information you provide pursuant to your Account shall be governed by the SweetLabs Privacy Policy made available online at http://r.sweetlabs.com/win-privacy-policy as that policy may be changed from time to time. Any information you provide to Third Party Services, including any accounts created with a Third Party Provider, shall be governed by the terms or privacy policies of such Third Party Providers.

Except as otherwise provided for in the SweetLabs Privacy Policy, you are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account. SweetLabs is not responsible for any unauthorized use of your Account.

SweetLabs may suspend or terminate your Account at our sole discretion without notice at any time, including for your breach of this Agreement or where SweetLabs is required to do so by law.

9. SUPPORT; UPDATES; REMOVAL. This Agreement does not entitle You to any support, upgrades, patches, enhancements, or fixes for the Services (collectively, "Support"). Any such Support that may be made available by SweetLabs shall become part of the Services and subject to this Agreement. You acknowledge and agree that the Services, or any Third Party Services provided through the Services, may change or be updated from time to time without prior notice to You.

Software that you may use, download or install from the Services may automatically download and install updates from time to time from SweetLabs. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions and completely new versions. You agree to receive such updates (and permit SweetLabs to deliver these to You) as part of Your use of the Services.

10. WARRANTY DISCLAIMER. SWEETLABS PROVIDES THE SERVICES "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, RELIABILITY, AND NON- INFRINGEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. Any software or other material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system, software or other device or loss of data that results from the download of any such software or other material.

11. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL SWEETLABS OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, DAMAGES RESULTING FROM YOUR USE OF THE SERVICES, or other intangible loss. SWEETLABS LIABILITY FOR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED TO $50. THE FOREGOING WILL NOT APPLY TO DAMAGES FOR BODILY INJURY THAT, UNDER APPLICABLE LAW, CANNOT BE SO LIMITED. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF SWEETLABS SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

12. TERM AND TERMINATION. This Agreement shall continue until terminated as set forth in this section. You may terminate this Agreement at any time provided you cease all use of the Services. Your rights under this Agreement will terminate automatically without notice to You if You violate any provision of this Agreement. SweetLabs may immediately terminate this Agreement at any time if SweetLabs determines that the Services or use thereof may result in infringement or violation of third party rights or claims thereof. Any termination of this Agreement shall also terminate the rights and licenses granted to You hereunder. Upon termination of this Agreement for any reason, You shall cease all use of the Services, and destroy or remove all copies of any software provided to you pursuant to the Services, provided, however that any further use of Third Party Services, including apps or other software provided pursuant to such Third Party Services, shall continue to be governed by the Third Party Terms that You may have entered into with the respective Third Party Provider of such Third Party Service.

Upon termination, all of the legal rights, obligations and liabilities that You and SweetLabs have benefited from, been subject to (or which have accrued over time during the time in which the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by such termination, and the provisions of paragraphs 10, 11 and 15 shall continue to apply indefinitely, to the maximum extent permitted by applicable law.

13. DMCA NOTIFICATIONS. It is SweetLabs policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers. Notifications regarding any such alleged infringement should be emailed to [email protected].

14. GOVERNMENT USE. If You are part of an agency, department, or other entity of the United States Government ("Government"), the use, duplication, reproduction, release, modification, disclosure or transfer of the Software is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. The Software is a "commercial item," "commercial computer software" and "commercial computer software documentation." In accordance with such provisions, any use of the Software by the Government shall be governed solely by the terms of this Agreement.

15. MISCELLANEOUS. SweetLabs may make changes to this Agreement or provide revised or additional terms to this Agreement from time to time. When these changes are made, SweetLabs will make an updated version of this Agreement available at http://r.sweetlabs.com/win-terms. You understand and agree that if You continue to use the Software after the date upon which the Agreement has been revised or changed, SweetLabs will treat Your use as acceptance of the updated Agreement. This Agreement, including the SweetLab Privacy Policy referenced herein, represents the complete agreement concerning this license between You and SweetLabs and supersedes any prior agreements and representations between You and SweetLabs relating to the Services. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. The failure of SweetLabs to act with respect to a breach of this Agreement by You or others does not constitute a waiver and shall not limit SweetLabs’ rights with respect to such breach or any subsequent breaches. SweetLabs expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement shall be governed by and construed under California law without regard to its conflicts of laws provisions. You and SweetLabs agree to submit to the sole and exclusive jurisdiction of the State and Federal courts in San Diego County, California.

16. CONTACT. Except with respect to Third Party Services, the Services described in these Terms are offered by SweetLabs, Inc., located at 510 Market St, Ste 301, San Diego, CA 92101. You may contact us by sending correspondence to the foregoing postal address or by emailing us at [email protected].

Version Date of this End User License Agreement: February 26, 2015

SWEETLABS PRIVACY POLICY

SweetLabs, Inc. (“we” or “SweetLabs”) welcomes you to our websites, software, products and services. We understand that you care about your privacy, and we take your privacy seriously. To inform you about the ways your information may be collected and used, we have adopted this privacy policy (the “SweetLabs Privacy Policy”), which describes what types of information we collect, how we may use such information, with whom we may share such information, the choices you can make, and how you can contact us about our privacy practices.

1. WHAT OUR SWEETLABS PRIVACY POLICY COVERS

This SweetLabs Privacy Policy covers our treatment of information we collect when you are accessing our websites, software, products and services (our “Services”) owned and operated by SweetLabs which post, include or link to this SweetLabs Privacy Policy.

By using, downloading, installing or visiting our Services, you acknowledge that you accept the practices and policies outlined in this SweetLabs Privacy Policy.

Please note this policy does not apply to (and we are not responsible for) the practices of companies that we do not own or control or to individuals we do not employ or manage. When utilizing third party sites or software products, including apps that may be provided by third parties, or Services that access or utilize third party sites or services, you should read the relevant privacy policies of those third parties for information regarding their privacy practices. 2. SUMMARY OF OUR SWEETLABS PRIVACY POLICY

SweetLabs maintains or provides multiple sites, products and services. To better explain what information we collect, and how we use the information we collect, we have broken out our SweetLabs Privacy Policy into the following sections:

Section 3: WHAT WE COLLECT AND WHY. This section explains what information we collect from: (a) users who install our software; (b) developers and publishers; and (c) visitors to our sites.

Section 4: HOW WE SHARE OR USE INFORMATION WE HAVE COLLECTED. This section explains how we use your information, and why, as well as if and how we share your information.

Sections 5-10: These sections discuss various topics, including how we protect any information we collect, your rights and choices, our compliance with the Children’s Online Privacy Protection Act, our storage and use of information from users outside the United States, how we may alert you of any changes to this SweetLabs Privacy Policy, and how you can contact us.

3. WHAT WE COLLECT AND WHY

Cookies. When you visit our sites, we will send you a cookie, which is a small file stored on your computer that allows us to uniquely identify it. Where required by applicable law, we obtain your consent for the use of cookies. You may choose to delete or not accept our cookies as described under “Your Rights and Choices” below. If you delete or choose not to accept our cookies, you may not be able to utilize all the features of our products and services.

Logs. When you install our software, or when you visit our sites, we may capture and store the data that your computer or web browser sends us. This data may include your operating system (OS) type, browser type, language, Internet Protocol (IP) address, the date and time of your request and the cookie ID (when you visit our sites) or randomly generated ID (when you install our software) that helps identify your computer. We may also determine your geographical information through your IP address to better understand the interaction of your location with your use of our software and sites. However, we do not store or associate your IP address with any data we collect from you, and we only collect and store geographical information we have derived in aggregate form.

Usage Information. Generally, our Services automatically collect usage information regarding the software, apps and services you use or have downloaded or installed from us, such as the frequency with which an app or Service has been clicked or opened, and how long an app or Service remains open. We also collect installation information, which may include information on whether certain apps or Services have been installed or uninstalled, and how long a Service has been installed or used on your system.

With respect to visitors to our sites, we collect usage information such as the number and frequency of visitors, what pages have been visited, average time spent on pages, and other information which helps us determine which features on our sites are most important to you and working effectively.

We only use the usage information we collect in aggregate form, that is, as a statistical measure to allow us to improve our Services. We do not use such usage information to identify you, nor do we associate any usage information we collect with any information that may personally identify you, such as a name or address.

Third Party Analytic Tools. Our Services may use third party analytic tools that use cookies, web beacons, or other similar information gathering technologies to collect standard internet log information and usage information. The information generated is used to compile statistical reports on user activity. We will never (and will not allow any third party to) use the statistical reports to track or to collect any personal information of visitors to, or users of, our Services. We will not associate any information gathered from the statistical reports with any personal information from any source.

User Accounts. If you have created a user account for Services for our SweetLabs platform, apps and sites (other than user accounts to third party sites and services accessible through our Services), we collect and maintain all information that you provide to us in connection with your creation of a user account, including personal information such as your name, email address, date of birth and photo (if you have chosen to upload a photo to your user account profile). The personal information you provide in connection with your account is used in order to help us manage your account and provide services and features in connection with your account. We never associate any personal information you provide in connection with your account with any other information we may collect through the Services.

Third Party apps and sites. If you have installed software or an app provided by a third party, or software or an app that accesses third party sites or services, then that third party may also collect information regarding your usage of such software or app, or your access or usage of the third party sites or services accessed by such software or app. Any information collected by a third party provider is governed by such third party providers’ privacy policies. These third party sites, software or apps may also place their own cookies or other files on your computer, or may collect data or solicit personal information from you. We do not exercise control over any third party sites, software or services.

Software Developer Accounts. If you are a software developer or publisher that uses our Services to publish or distribute your software or app, we collect and maintain all information that you provide to us in connection with your software or app in order to help us manage your account and communicate with you.

Communications; Other Information You Provide. Any time you send us a communication, whether as a posting to our support pages, through email inquiries, or via postings or communications on social media sites or networks such as Facebook or Twitter, we may keep such communications so that we can respond to your requests or inquiries and help improve our services to you. Posts to our Support pages may display your user name as you have indicated it in your profile. The personal information you provide is used for such purposes as improving the content of our sites, customizing and improving our services, and communicating with you about our services. We may use personal information you provide to communicate with you about specials and new features. We will obtain your consent where required by applicable law. You can opt out from receiving promotional communications at any time by following the unsubscribe instructions described in the email.

4. HOW WE USE OR SHARE INFORMATION WE HAVE COLLECTED a. For Users Without a User Account.

We only use the information we collect from users without an account in aggregate form, that is, as a statistical measure, and not in a manner that would identify you, in order to allow us to improve our Services. We do not sell or otherwise market this information to third parties. b. For Users With a User Account.

If you have created a user account and have posted information or a review on our Services, information you have chosen to upload to your user account profile (if any has been uploaded by you to your user account profile) will be displayed with your post or review on our Services. If you have created a user account and have shared an app with another user, information you have chosen to upload to your user account profile (if any has been uploaded by you to your user account profile) will be shared with users with which you have chosen to share an app. In addition, we may use the email address you provided to communicate to you about products, services and promotions. We may use your date of birth to verify your eligibility to use our services in accordance with our Terms of Service. c. For Developers and Publishers.

We may share your personal information with third party service providers for the purpose of enabling your participation with our Services. Our service providers do not have any right to use personal information we share with them beyond what is necessary to assist us and perform services on our behalf. We require these service providers by contract to appropriately safeguard the privacy and security of personal information they process on our behalf. d. For All Information We Collect.

We may also use or share your information as follows:

Protection of our Services and Others. We may share your personal information if we have a good faith belief that it is required to: (1) comply with law, regulation, subpoena or court order; (2) detect, prevent or otherwise address fraud, security or technical issues; (3) enforce the provisions of this SweetLabs Privacy Policy, the SweetLabs Terms of Service, and/or any other agreements between you and SweetLabs, including investigation of potential violations thereof; or (4) protect against harm to the rights, property or safety of SweetLabs, its Services, and its visitors, users and/or the public.

Business Transfers. If SweetLabs or substantially all of its assets are acquired, or in the unlikely event that SweetLabs goes out of business or enters bankruptcy, user information would be one of the assets that would be transferred to, or acquired by, a third party acquiror. Accordingly, we may transfer or assign all the information we have collected as part of a merger, acquisition, sale or other change of control. You acknowledge that such transfers may occur, and that we will use reasonable efforts to direct any acquiror to continue to use your personal information as set forth in this policy.

Usage Information. We may share usage information that we collect with partners and other third parties for the purpose of helping us ensure the proper functioning of the Services and to improve the overall performance of our Services, or allow us to provide recommendations of other products and services. For example, utilizing data to determine the probability that a consumer will enjoy a specific app or product. We do not authorize these partners and other third parties to use or disclose the information except as necessary to perform certain services on our behalf or comply with legal requirements. We require them by contract to appropriately safeguard the privacy and security of the information they process in assisting us.

With Your Consent. Except as set forth above, we will only share your personal information with third parties with your prior consent. If our business practices change in a way that we would need to share your personal information for purposes that are not compatible with the purposes for which we collected the information, we will ask for your additional consent.

5. INFORMATION SECURITY

We endeavor to take reasonable and appropriate security measures to guard against unauthorized access to the systems where we store your personal information. This includes technical and organizational measures such as internal reviews of our data collection, storage, and processing practices and security measures, as well as physical and electronic security measures in compliance with applicable security requirements. In addition, we authorize access to personal information only for those of our employees who require it to fulfill their job responsibilities. However, despite the measures we take we cannot warrant the security of any information provided to us.

6. YOUR RIGHTS AND CHOICES

Through the process provided on our site, we allow you to access certain information about you for the purpose of viewing, and in certain situations, updating that information. The types of information that you can access and update may change as our site changes. You may also contact us as set forth in the “Contact” section below to request access to, or update, your personal information.

You may request deletion of your account by sending an e-mail to [email protected] and responding affirmatively to any confirmation e-mails that we may send. Please note that some information may remain in our records after deletion of your account.

If you are a user of our sites, you also have the choice to stop accepting new cookies, to be notified when you receive a new cookie, and to disable existing cookies by using the privacy settings of your browser. All major browsers allow you to block or delete cookies from your system. Please refer to the help section of your browser for more information.

Where we have requested your consent to use or share your personal information, you have the right to withdraw such consent, however, you may no longer be able to benefit from certain products and services. In addition, you may opt-out from receiving marketing communications from us, for example, by clicking on the relevant link included in such e-mail communications.

7. CHILDREN'S ONLINE PRIVACY PROTECTION ACT

In compliance with the Children's Online Privacy Protection Act (COPPA), we will not knowingly collect information about children under the age of 13. We encourage parents and guardians to be familiar with the websites that their children visit. The Federal Trade Commission ("FTC") regulates the means by which website operators collect and use personal information from children under 13, pursuant to COPPA. For more information about COPPA and children's on-line privacy in general, visit the FTC's website at www.ftc.gov/privacy. For safety tips on privacy visit www.OnGuardOnline.gov.

8. TRANSFERS

Our Services are hosted by servers located in the United States. If you are located outside the United States, your information will be transferred to our servers in the United States. The United States may not have the same privacy and data protection laws as the country in which you are located when you are using our products and services. When we transfer your information to the United States, we will protect that information as described in this SweetLabs Privacy Policy. If you are located in the European Economic Area, or other regions of the world with laws governing international data transfers, we comply with applicable legal requirements such as to ensure adequate protection for data transfers. By visiting or using our Services you consent to the transfer, storage and use of your information in the United States.

9. POLICY CHANGES

We may make changes to this policy from time to time. If we make material changes in the way we use personal information, we will notify you by posting an announcement on our site or sending you an email and indicating the date of the latest changes to our policy. Users are bound by any changes to the SweetLabs Privacy Policy when he or she uses our site or services after such changes have been first posted, or in the case of substantial changes, 30 days upon posting those changes.

10. CONTACT

SweetLabs, Inc. is the entity responsible for the processing of your personal information under this SweetLabs Privacy Policy. SweetLabs, Inc is not responsible for the practices of any third party whose services and products you may use. If you have feedback, questions or concerns about this SweetLabs Privacy Policy, contact us at Privacy, c/o SweetLabs, Inc., 510 Market St, Ste 301, San Diego, CA 92101 or email us at [email protected].

Effective Date of this SweetLabs Privacy Policy: February 26, 2015