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.
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:
·
Applications
Software. You may install,
use, access, display, run, or otherwise interact with (“RUN”) one copy of the SOFTWARE
PRODUCT, or any prior version for the same operating system, on a single computer, workstation,
terminal, handheld PC, pager, “smart phone,” or other digital electronic device
(“COMPUTER”). The primary user of the
COMPUTER on which the SOFTWARE PRODUCT is installed may make a second copy for
his or her exclusive use on a portable 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 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 which the SOFTWARE
PRODUCT is RUN from the storage device. A license for the SOFTWARE
PRODUCT may not be shared or used concurrently on different COMPUTERS.
·
License
Pack. If this package is a Microsoft License Pack, you may RUN additional
copies of the computer software portion of the SOFTWARE PRODUCT up to the
number of copies specified above as “Licensed Copies.” You are also entitled to
make a corresponding number of secondary copies for portable computer use as
specified above.
·
Reservation
of Rights. All rights not
expressly granted are reserved by Microsoft.
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 Educational User, you have no rights under this EULA. [Full or part time student –
Home schooled student – Full or part time faculty/staff of accredited
educational institution – Tal] To determine whether 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.
·
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.
·
Trademarks.
This EULA does not grant you any rights in connection with any trademarks or
service marks of Microsoft.
·
Rental.
You may not rent, lease,
or lend the SOFTWARE PRODUCT.
·
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 multiparty 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
policies and programs described in the user manual, in “online” documentation,
and/or in 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
licensee 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 (and may disable) 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
copyrights 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 that 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.
If this SOFTWARE PRODUCT contains documentation that is provided only in
electronic form, you may print one copy of such electronic documentation. You may not copy the printed materials
accompanying the SOFTWARE PRODUCT.
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 RUN the other medium on another COMPUTER.
You may not loan, rent, lease, 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. All SOFTWARE PRODUCT provided to the U.S.
Government pursuant to solicitations issued on or after December 1, 1995 is
provided with the commercial rights and restrictions described elsewhere
herein. All SOFTWARE PRODUCT provided to the U.S. Government pursuant to
solicitations issued prior to December 1, 1995 is provided with RESTRICTED
RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or FAR, 48 CFR
252.227-7013 (OCT 1988), as applicable.
8.
EXPORT RESTRICTIONS. This
SOFTWARE PRODUCT has been classified by the US Government as exportable
under License Exception TSU. Therefore the following terms apply: You agree that you will not
export or re-export the SOFTWARE PRODUCT, any part thereof, or any process or
service that is the direct product of the SOFTWARE PRODUCT (the
foregoing collectively referred to as the “Restricted Components”), to any country, person or entity
subject to U.S. export restrictions. You specifically agree not to
export or re-export any of the Restricted Components (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 Restricted Components back to such country;
(ii) to any person or entity who you know or have reason to know will utilize
the Restricted Components in the design, development or production of nuclear,
chemical or biological weapons; or (iii) to any person or entity who has been
prohibited from participating in U.S. export transactions by any federal agency
of the U.S. government. You warrant and represent that neither the BXA nor any
other U.S. federal agency has
suspended, revoked or denied your export privileges.
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.
If you acquired this SOFTWARE PRODUCT
in the United States, this EULA is governed by the laws of the State of
Washington.
If you
acquired this SOFTWARE PRODUCT in Canada, unless expressly prohibited by local
law, this EULA is governed by the laws in force in the Province of Ontario,
Canada; and, in respect of any dispute which may arise hereunder, you consent
to the jurisdiction of the federal and provincial courts sitting in Toronto,
Ontario. If this SOFTWARE 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 the Microsoft subsidiary serving your
country, or write: Microsoft Sales Information Center/ One Microsoft
Way/Redmond, WA 98052-6399.
LIMITED
WARRANTY
LIMITED
WARRANTY FOR SOFTWARE PRODUCTS ACQUIRED OUTSIDE THE U.S. AND CANADA. FOR THE
LIMITED WARRANTIES AND SPECIAL PROVISIONS PERTAINING TO YOUR PARTICULAR
JURISDICTION, PLEASE REFER TO YOUR WARRANTY BOOKLET INCLUDED WITH THIS PACKAGE
OR PROVIDED WITH THE SOFTWARE PRODUCT PRINTED MATERIALS.
THE U.S. AND CANADA. 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 issues. Some states and jurisdictions do not allow limitations on
duration of an implied warranty, so the above limitation may not apply to you.
To the extent allowed by applicable law, implied warranties on the SOFTWARE
PRODUCT, if any, are limited to ninety (90) days.
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 which 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.
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 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
provision of or 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 and jurisdictions
do not allow the exclusion or limitation of liability, the above limitation may
not apply to you.