As part of the settlement (available here), McAfee has agreed to institute certain practices for at least two years after the settlement receives final approval by the Court.
First, McAfee will include at the point of sale in any sales process involving sales made by McAfee (for clarity, excluding retailers or other third parties, whether or not contractually permitted to sell McAfee software products) at a discount off a reference price and subject to automatic renewal (including for sales made through the McAfee website and through the in- software purchase path), the following or materially similar language: “Your subscription(s) will be automatically renewed at the undiscounted subscription price in effect at the time of renewal. The subscription price is subject to change.” A hyperlink will be provided that links to a webpage that includes the current undiscounted subscription price for the applicable McAfee software or McAfee will display the undiscounted subscription price (labeled the “undiscounted subscription price”) for the applicable McAfee software on the point of sale webpage. Substantially similar disclosures will be added to a FAQ or informational page on McAfee’s website, to notices sent by McAfee to subscribers in connection with automatic-renewal, and to McAfee’s End User License Agreement.
Second, where McAfee itself (for clarity, excluding retailers or other third parties, whether or not contractually permitted to sell McAfee software products) includes a reference price in its promotions, notices, advertisements or at the point-of-sale (including through the McAfee homepage3 and through the in-software purchase path), for any McAfee software product offered by McAfee to United States consumers: (a) McAfee will use as such reference price only a price at which McAfee has offered that software product on the McAfee homepage to the public for at least 45 days within the preceding calendar quarter; and (b) McAfee will offer that software product on the McAfee homepage to the public at a non-sale price for at least 45 days within the current calendar quarter.
3 For clarity, “homepage,” as used in both subparts (a) and (b) of this paragraph, means: (1) the web page identified by the URL home.mcafee.com (or any web page to which a United States based internet user is redirected upon clicking the preceding or entering the preceding into an internet browser, including but not limited to the page www.mcafee.com/consumer/en-us/store/m0/index.html), or its substantial equivalent; and (2) any web page to which a United States based internet user is directed when clicking on the ‘For Consumer’ or ‘Consumers’ button or link on www.mcafee.com, or its substantial equivalent.
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