Terms of Service for McAfee® Endpoint Protection Solution with AT&T

These Terms of Service (“TOS”) apply to your use of McAfee services identified below when ordered from AT&T (“the Solution”) or the use of the Solution by the company or legal entity for which you are authorized to act and is the agreement between the customer and AT&T relating to the Solution. In the TOS, you or the company you are authorized to act for will be referred to as you or Customer.

McAfee is the provider of the Solution and additional terms and provision apply from McAfee. The TOS do not apply to any other service(s) or products you purchase from AT&T and do not modify any other agreement with AT&T. The TOS apply when you order and use the Solution and will continue in effect as long as you use the Solution. The TOS may be revised by AT&T, in which case the revised TOS will apply while you use the Solution.

BY ACCEPTING THE TOS DURING REGISTRATION OR BY OTHERWISE CONTINUING TO ORDER THE SOLUTION YOU ARE CONFIRMING THAT YOU HAVE READ AND AGREE TO THE TOS OR ARE ACCEPTING ANY MODIFICATION OR REVISION TO THE TOS, IF APPLICABLE, AND YOU AGREE TO BE BOUND BY THE TOS INCLUDING ANY REVISIONS THERETO. IF YOU ARE PURCHASING THE SOLUTION ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH COMPANY OR LEGAL ENTITY AS A CUSTOMER AND THAT THE COMPANY AGREES TO THE TOS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS IN THESE TERMS OF SERVICE, YOU MUST CANCEL THE ORDERING OR REGISTRATION PROCESS AND YOU MAY NOT USE THE SOLUTION.

This version of the Terms of Service was posted on 11/30/2020 and is effective as of that date (“Effective Date”).

The Terms of Service apply to the Solution(s) identified below:

Solution(s)

McAfee Endpoint Protection Solution with AT&T

The rates, terms and conditions applicable to the Solution are described in these TOS and in the following additional documents or at the following locations. The additional documents or the applicable terms found at the locations identified are incorporated into these TOS by reference as if fully set forth herein:

1. (i)The AT&T Productivity SuiteSM Terms and Conditions (“TOS”) located at http://aps.att.com.
2. (ii)The AT&T Acceptable Use Policy (AUP) found at www.att.com/aup or at such other URLs as AT&T may designate.

Revisions to Terms of Service and other applicable provisions: AT&T may modify the TOS, the Solution description, or the AUP at any time by posting a revised TOS, Solution description, or revised AUP at the sites referenced above or by directing you to websites other than listed above. Any revised terms shall become effective upon the Effective Date shown in the revised terms. By continuing to use the Solution after the Effective Date of a revision, you agree that the revised TOS, Solution description or AUP apply. It is your responsibility to periodically check the TOS, Solution Description, the AT&T Productivity Suite Portal, the AT&T AUP website, or other URLs identified by AT&T in this TOS regularly for changes to the terms and conditions or otherwise applicable to your use of the Solution.

Conflicting Terms: If there are conflicting terms contained in these documents, the order of priority of the interpretation is the TOS, then the Solution Description and the AUP; provided, however, that any rates accepted and agreed to by Customer when ordering online or if described in a separate pricing schedule that is made part of an agreement with AT&T will apply over any other rates that may be applicable.

Solution: AT&T will arrange to have McAfee provide the Solution to Customer under this Agreement, subject to availability and operational limitations of systems, facilities, equipment, and the capability to bill for the Solution.

License Terms: In order to use the Solution, Customer must agree to the License Agreement for each Solution as published at the link provided. In the event of any conflict between the terms of the License Agreement and these TOS, the terms of the License Agreement will apply.

License Agreement location

https://content.mcafee.com/v1/UserLicenseAgreement/GetUserLicenseAgreement/en-US.

 

If Customer does not agree to accept applicable license terms or if a User will not agree to accept applicable license terms necessary for use of the Solution, Customer should not use the Solution or allow a User to use the Solution and should cancel and not use the Solution.

Rates Applicable, Changes to Rates, Taxes: The rates applicable for Solution are the rates selected at the time of ordering. AT&T may change the rates applicable to Solution ordered at any time upon notice, which will occur by posting the new rate on the AT&T Productivity Suite Web Site or by other notification. All rates are exclusive of current or future taxes, regulatory surcharges, recovery fees, shipping charges, and other similar charges specified or allowed by any governmental entity relating to the sale, use or provision of the Solutions.

Billing for Solution: Charges for the Solution begin on the date of the initial order, which will be the monthly anniversary billing date (“Billing Date”) for all future billing. Payment of charges are due on the Billing Date. Additional Fees: Upgrades or additional Solutions ordered on the Billing Date will be billed for a full month service. Upgrades or additional Solutions ordered on a date other than the Billing Date will be billed starting only on the next Billing Date at which time the fees will appear as full monthly fees added to the existing Billing Date. Future charges will appear as full monthly charges added to the existing Billing Date. One Time Fees: One-time Commented [KSS2]: Should this be License agreement? it then contains the EULA License Agreement fees, if applicable, such as setup fees, administrative fees and late fees are due and payable on the Billing Date or on another date approved by AT&T.

Billing, Payments, Deposits: Failure to remit payment for services on the Billing Date may result in suspension or termination of Solutions. AT&T may charge a late fee for overdue payments at the lower of 1.5% per month (18% per annum) or the maximum rate allowed by law; plus all costs (including attorney fees) of collecting delinquent or dishonored payments. AT&T may require Customer to establish a deposit as a condition of providing Solutions. All fees paid are non-refundable.

Cancellation: Customer may cancel the Solution by emailing customercare@mcafee.attmail.com or by calling customer care at 866.531.4891.

Term: The Term for each Solution is monthly and recurring (the “Term”).

Permitted Use: Customer will and will cause Users (anyone who uses or accesses a Solution provided by AT&T to Customer under this Agreement) to comply with this Agreement. Customer agrees to use Solutions solely for the intended purposes. CUSTOMER EXPRESSLY AGREES NOT TO TAMPER WITH, MAKE DERIVATIVE WORKS OF, REVERSE COMPILE, REVERSE ENGINEER AND/OR DISASSEMBLE ANY OF THE SOFTWARE OR FILES PROVIDED WITH OR MADE A PART OF THE SERVICE. If Customer violates or exceeds the permitted use as described herein, AT&T may immediately terminate Customer’s account (in addition to pursuing any other remedies available to AT&T).

No Resale: Except where required by law, resale of the Solution to third parties (except Customer Affiliates is not permitted without AT&T’s written consent.

Intellectual Property: Each of AT&T and Customer retains all right, title and interest in and to their respective trade secrets, inventions, copyrights, and other intellectual property. Subject to the limited rights expressly granted hereunder, AT&T reserves on behalf of AT&T, its Supplier and licensors all rights, title and interest in and to the Solution, including all related intellectual property rights. No rights are granted hereunder other than as expressly set forth herein. Any intellectual property developed by AT&T or its Supplier/licensor during the performance of the Solution(s) shall belong to AT&T or its Supplier/licensor of the Solution.

Disclaimer of Warranties and Liability: AT&T AND MACAFEE (INCLUDING THEIR SUPPLIERS AND SUBCONTRACTORS) MAKE NO EXPRESS OR IMPLIED WARRANTY AND DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OR THOSE ARISING FROM USAGE OF TRADE OR COURSE OF DEALING. FURTHER, AT&T AND MCAFEE (INCLUDING THEIR SUPPLIERS AND SUBCONTRACTORS) MAKE NO WARRANTY REGARDING NETWORK SECURITY, THE ENCRYPTION EMPLOYED BY ANY SOLUTION OR SERVICE, THE INTEGRITY OF ANY DATA THAT IS SENT, BACKED UP, STORED OR LOAD BALANCED, THAT AT&T, MCAFEE OR ANY SUPPLIER SECURITY PROCEDURES WILL PREVENT THE LOSS OR ALTERATION OF OR IMPROPER ACCESS TO CUSTOMER DATA, OR THAT SOLUTION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. AT&T AND MCAFEE (INCLUDING THEIR SUPPLIERS AND SUBCONTRACTORS) WILL NOT BE LIABLE FOR ANY DAMAGES RELATING TO: INTEROPERABILITY, ACCESS TO OR INTERCONNECTION OF THE SERVICES WITH APPLICATIONS, EQUIPMENT, SERVICES, CONTENT OR NETWORKS PROVIDED BY CUSTOMER OR OTHERS; SERVICE DEFECTS, SERVICE LEVELS, DELAYS OR INTERRUPTIONS; LOST OR ALTERED TRANSMISSIONS; OR UNAUTHORIZED ACCESS TO OR THEFT, ALTERATION, LOSS, OR DESTRUCTION OF CUSTOMER’S OR OTHERS” APPLICATIONS, CONTENT, DATA, NETWORK OR SYSTEMS.

Limitation of Liability: AT&T’S (INCLUDING ITS SUPPLIERS AND SUBCONTRACTORS”) ENTIRE LIABILITY, AND CUSTOMER’S EXCLUSIVE REMEDY, FOR DAMAGES ARISING OUT OF MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS OR DEFECTS IN THE SOLUTION OR SERVICES, AND NOT CAUSED BY CUSTOMER’S NEGLIGENCE, SHALL IN NO EVENT EXCEED AN AMOUNT EQUIVALENT TO THE PROPORTIONATE CHARGE TO CUSTOMER FOR THE PERIOD OF SERVICE DURING WHICH SUCH MISTAKE, OMISSION, INTERRUPTION, DELAY, ERROR OR DEFECT IN THE SERVICES OCCURS AND CONTINUES. IN NO EVENT SHALL ANY OTHER LIABILITY ATTACH TO AT&T (INCLUDING ITS SUPPLIERS AND SUBCONTRACTORS). THIS LIMITATION WILL NOT APPLY TO BODILY INJURY, DEATH, OR DAMAGE TO REAL OR TANGIBLE PROPERTY DIRECTLY CAUSED BY AT&T’S NEGLIGENCE, WHICH SHALL BE LIMITED TO DIRECT PROVEN DAMAGES. NEITHER PARTY (INCLUDING AT&T’S SUPPLIERS AND SUBCONTRACTORS) WILL BE LIABLE TO THE OTHER PARTY UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES.

These disclaimers and limitations of liability will apply regardless of the form of action, whether in contract, tort, strict liability or otherwise and whether damages were foreseeable. These disclaimers and limitations of liability will survive failure of any exclusive remedies provided in this Agreement.

Solution Description

AT&T Solution Guide for McAfee® Endpoint Protection Solutions: McAfee Endpoint Protection with AT&T is a SaaS solution that includes desktop, laptop and server antivirus, antispyware, desktop firewall, and global threat intelligence. Customer can fully manage this layered security solution via a cloud-based management portal. The Solution is only available from AT&T to US-based customers. McAfee is the provider of the McAfee Endpoint Protection service.

Solution Requirements: Customer is responsible for meeting and verifying all requirements identified by McAfee as required to use the Solution. The Solution may not be available or supported for all devices, software operating systems or browser types.

License Rights and Restrictions: When using the Solution, Customer is granted a limited nontransferable, nonexclusive, royalty-free license to use the Solution in accordance with these TOS and/or the EULA. This license grant is intended to give Customer only a personal, not a property, interest in the Solution.

Ongoing Support: AT&T will provide technical support during the Term of the Solution.