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IMPORTANT: READ CAREFULLY: This Microsoft End-User License
Agreement ("EULA") is a legal agreement between you (either an individual
or a single entity) and Microsoft Corporation for the Microsoft software
product identified above, which includes computer software and may include
associated media, printed materials, and "online" or electronic
documentation ("SOFTWARE PRODUCT"). The SOFTWARE PRODUCT also includes any
updates and supplements to the original SOFTWARE PRODUCT provided to you
by Microsoft. Any software provided along with the SOFTWARE PRODUCT that
is associated with a separate end-user license agreement is licensed to
you under the terms of that license agreement. By
installing, copying, downloading, accessing or otherwise using the
SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you
do not agree to the terms of this EULA, do not install or use the SOFTWARE
PRODUCT; you may, however, return it to your place of purchase for a full
refund.
{ This means that you cannot return the Microsoft
product if you have already used it. Luckily, all OEMs are required to
install Windows in such a way that it gives you (on first bootup) the
choice of accepting or not accepting the license. See this
court ruling for more information. }
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international
copyright treaties, as well as other intellectual property laws and
treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE.This EULA grants you the following rights:
- Systems Software.
You may install and use one copy of the
SOFTWARE PRODUCT on a single computer, including a workstation, terminal
or other digital electronic device ("COMPUTER").
- Storage/Network Use.
You may also store or install a copy of the
SOFTWARE PRODUCT on a storage device, such as a network server, used
only to install or run the SOFTWARE PRODUCT on your other COMPUTERS over
an internal network; however, you must acquire and dedicate a license
for each separate COMPUTER on or from which the SOFTWARE PRODUCT is
installed, used, accessed, displayed or run. A license for the SOFTWARE
PRODUCT may not be shared or used concurrently on different COMPUTERS.
Notwithstanding the foregoing, any number of COMPUTERS may access or
otherwise utilize the file and print services and peer web services of
the SOFTWARE PRODUCT. In addition, you may use the "Multiple Display"
feature of the SOFTWARE PRODUCT to expand your desktop as described in
the on-line Help file, without obtaining a license for each display.
- License Pak.
If this package is a Microsoft License Pak, you may
install and use additional copies of the computer software portion of
the SOFTWARE PRODUCT up to the number of copies specified above as
"Licensed Copies".
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
- Academic Edition Software.
If the SOFTWARE PRODUCT is identified
as "Academic Edition" or "AE," you must be a "Qualified Educational
User" to use the SOFTWARE PRODUCT. If you are not a Qualified Education
User, you have no rights under this EULA. To determine if you are a
Qualified Educational User, please contact the Microsoft Sales
Information Center/One Microsoft Way/Redmond, WA 98052-6399 or the
Microsoft subsidiary serving your country.
- Not For Resale Software.
If the SOFTWARE PRODUCT is labeled "Not
For Resale" or "NFR," then, notwithstanding other sections of this EULA,
your use of the SOFTWARE PRODUCT is limited to use for demonstration,
test, or evaluation purposes and you may not resell, or otherwise
transfer for value, the SOFTWARE PRODUCT.
- Limitations on Reverse Engineering, Decompilation, and
Disassembly.
You may not reverse engineer, decompile,
or disassemble the SOFTWARE PRODUCT, except and only to the extent that
such activity is expressly permitted by applicable law notwithstanding
this limitation. { Exactly how legal
is this statement in the European Union? In France, at least, there's a LAW that provides
the legal right for all of the above actions...}
- Separation of Components.
The SOFTWARE PRODUCT is licensed as a
single product. Its component parts may not be separated for use on more
than one computer.
- Rental.
You may not rent, lease or lend the SOFTWARE PRODUCT.
- Trademarks.
This EULA does not grant you any rights in
connection with any trademarks or service marks of Microsoft.
- Application Sharing.
The SOFTWARE PRODUCT may contain Microsoft
NetMeeting, a product that enables applications to be shared between two
or more computers, even if an application is installed on only one of
the computers. You may use this technology with all Microsoft
application products for multi-party conferences. For non-Microsoft
applications, you should consult the accompanying license agreement or
contact the licensor to determine whether application sharing is
permitted by the licensor.
- Support Services.
Microsoft may provide you with support
services related to the SOFTWARE PRODUCT ("Support Services"). Use of
Support Services is governed by the Microsoft polices and programs
described in the user manual, in "on line" documentation and/or other
Microsoft-provided materials. Any supplemental software code provided to
you as part of the Support Services shall be considered part of the
SOFTWARE PRODUCT and subject to the terms and conditions of this EULA.
With respect to technical information you provide to Microsoft as part
of the Support Services, Microsoft may use such information for its
business purposes, including for product support and development.
Microsoft will not utilize such technical information in a form that
personally identifies you.
- Software Transfer.
The initial user of the SOFTWARE PRODUCT may
make a one-time permanent transfer of this EULA and SOFTWARE PRODUCT
only directly to an end user. This transfer must include all of the
SOFTWARE PRODUCT (including all component parts, the media and printed
materials, any upgrades, this EULA, and, if applicable, the Certificate
of Authenticity). Such transfer may not be by way of consignment or any
other indirect transfer. The transferee of such one-time transfer must
agree to comply with the terms of this EULA, including the obligation
not to further transfer this EULA and SOFTWARE PRODUCT.
- Termination.
Without prejudice to any other rights, Microsoft
may terminate this EULA if you fail to comply with the terms and
conditions of this EULA. In such event, you must destroy all copies of
the SOFTWARE PRODUCT and all of its component parts.
3. UPGRADES. If the SOFTWARE PRODUCT is labeled as an upgrade,
you must be properly licensed to use a product identified by Microsoft as
being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A
SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements the
product that formed the basis for your eligibility for the upgrade. You
may use the resulting upgraded product only in accordance with the terms
of this EULA. If the SOFTWARE PRODUCT is an upgrade of a component of a
package of software programs that you licensed as a single product, the
SOFTWARE PRODUCT may be used and transferred only as part of that single
product package and may not be separated for use on more than one
computer.
4. COPYRIGHT.All title and intellectual property rights in and to
the SOFTWARE PRODUCT (including but not limited to any images,
photographs, animations, video, audio, music, text, and "applets"
incorporated into the SOFTWARE PRODUCT), the accompanying printed
materials, and any copies of the SOFTWARE PRODUCT are owned by Microsoft
or its suppliers. All title and intellectual property rights in and to the
content which may be accessed through use of the SOFTWARE PRODUCT is the
property of the respective content owner and may be protected by
applicable copyright or other intellectual property laws and treaties.
This EULA grants you no rights to use such content. All rights not
expressly granted are reserved by Microsoft.
5. DUAL-MEDIA SOFTWARE. You may receive the SOFTWARE PRODUCT in
more than one medium. Regardless of the type or size of medium you
receive, you may use only one medium that is appropriate for your single
computer. You may not use or install the other medium on another computer.
You may not loan, rent, lease, lend or otherwise transfer the other medium
to another user, except as part of the permanent transfer (as provided
above) of the SOFTWARE PRODUCT.
6. BACKUP COPY. After installation of one copy of the SOFTWARE
PRODUCT pursuant to this EULA, you may keep the original media on which
the SOFTWARE PRODUCT was provided by Microsoft solely for backup or
archival purposes. If the original media is required to use the SOFTWARE
PRODUCT on the COMPUTER, you may make one copy of the SOFTWARE PRODUCT
solely for backup or archival purposes. Except as expressly provided in
this EULA, you may not otherwise make copies of the SOFTWARE PRODUCT or
the printed materials accompanying the SOFTWARE PRODUCT.
7. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT and
documentation are provided with RESTRICTED RIGHTS. Use, duplication, or
disclosure by the Government is subject to restrictions as set forth in
subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer
Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of
the Commercial Computer Software--Restricted Rights at 48 CFR 52.227-19,
as applicable. Manufacturer is Microsoft Corporation/One Microsoft
Way/Redmond, WA 98052-6399.
8. EXPORT RESTRICTIONS. You agree that you will not export or
re-export the SOFTWARE PRODUCT to any country, person, entity or end user
subject to U.S. export restrictions. You specifically agree not to export
or re-export the SOFTWARE PRODUCT: (i) to any country to which the U.S.
has embargoed or restricted the export of goods or services, which
currently include, but are not necessarily limited to Cuba, Iran, Iraq,
Libya, North Korea, Sudan and Syria, or to any national of any such
country, wherever located, who intends to transmit or transport the
products back to such country; (ii) to any end-user who you know or have
reason to know will utilize the SOFTWARE PRODUCT or portion thereof in the
design, development or production of nuclear, chemical or biological
weapons; or (iii) to any end-user who has been prohibited from
participating in U.S. export transactions by any federal agency of the
U.S. government.
9. NOTE ON JAVA SUPPORT. THE SOFTWARE PRODUCT MAY CONTAIN SUPPORT
FOR PROGRAMS WRITTEN IN JAVA. JAVA TECHNOLOGY IS NOT FAULT TOLERANT AND IS
NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR RESALE AS ON-LINE
CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE
PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT
NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE
SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF JAVA
TECHNOLOGY COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE
PHYSICAL OR ENVIRONMENTAL DAMAGE.
{ Hmm, pot ... kettle ... black :) }
MISCELLANEOUS
- If you acquired this product in the United States, this EULA is
governed by the laws of the State of Washington.
- If you acquired this product in Canada, this EULA is governed by the
laws of the Province of Ontario, Canada. Each of the parties hereto
irrevocably attorns to the jurisdiction of the courts of the Province of
Ontario and further agrees to commence any litigation which may arise
hereunder in the courts located in the Judicial District of York,
Province of Ontario.
- If this product was acquired outside the United States, then local
law may apply.
Should you have any questions concerning this EULA, or if you desire to
contact Microsoft for any reason, please contact Microsoft, or write:
Microsoft Sales Information Center
One Microsoft
Way
Redmond, WA 98052-6399.
LIMITED WARRANTY
LIMITED WARRANTY.Microsoft warrants that (a) the
SOFTWARE PRODUCT will perform substantially in accordance with the
accompanying written materials for a period of ninety (90) days from the
date of receipt, and (b) any Support Services provided by
Microsoft shall be substantially as described in applicable written
materials provided to you by Microsoft, and Microsoft support
engineers will make commercially reasonable efforts to solve any problem.
To the extent allowed by applicable law, implied warranties on the
SOFTWARE PRODUCT, if any, are limited to ninety (90) days. Some
states/jurisdictions do not allow limitations on duration of an implied
warranty, so the above limitation may not apply to you.
CUSTOMER REMEDIES.Microsoft's and its suppliers' entire liability
and your exclusive remedy shall be, at Microsoft's
option, either (a) return of the price paid, if any, or (b) repair
or replacement of the SOFTWARE PRODUCT that does not meet Microsoft's
Limited Warranty and that is returned to Microsoft with a copy of your
receipt. This Limited Warranty is void if failure of the SOFTWARE PRODUCT
has resulted from accident, abuse, or misapplication. Any replacement
SOFTWARE PRODUCT will be warranted for the remainder of the original
warranty period or thirty (30) days, whichever is longer. Outside the
United States, neither these remedies nor any product support services
offered by Microsoft are available without proof of purchase from an
authorized international source.
{ Now that is a fascist statement! If the product
doesn't work properly, Microsoft gets the choice of what
action to take and you, the disgruntled customer, are left without any
option but to wait and see what MS will do. I don't understand people
trust their business to such an agreement... }
NO OTHER WARRANTIES.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, MICROSOFT AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND
CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE
SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT
SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY
HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
LIMITATION OF LIABILITY.TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR
ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER
PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE
PRODUCT OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF MICROSOFT HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, MICROSOFT'S
ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE
GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR
U.S.$5.00; PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO A MICROSOFT SUPPORT
SERVICES AGREEMENT, MICROSOFT'S ENTIRE LIABILITY REGARDING SUPPORT
SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. |
