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1.
Grant of License
SOFTWARE includes software already installed on the
SYSTEM (SYSTEM SOFTWARE) and, if included in the
SYSTEM package, software contained on the CD-ROM disk
and/or floppy disk(s) labeled "Desktop Software for Microsoft
Windows XPe" (DESKTOP SOFTWARE). This EULA grants
you the following rights to the SOFTWARE:
SYSTEM SOFTWARE
You may use the SYSTEM SOFTWARE only as installed in
the SYSTEM.
DESKTOP SOFTWARE
DESKTOP SOFTWARE might not be included with your
SYSTEM. If DESKTOP SOFTWARE is included with your
SYSTEM, you may install and use the component(s) of the
DESKTOP SOFTWARE in accordance with the terms of the
end user license agreement provided with such
component(s). In the absence of a separate end user license
agreement for particular component(s) of the DESKTOP
SOFTWARE, you may install and use only one (1) copy of
such component(s) on a single computer with which you use
the SYSTEM.
Use of Windows XP Operating System for
Windows-Based Terminal Devices with Microsoft
Windows NT Server, Terminal Server Edition
If the SOFTWARE is Windows XPe operating system for
Windows-Based Terminal devices, the following special
provisions apply. In order to use the SYSTEM in connection
with Windows NT Terminal Server Edition, you must possess
(1) a Client Access License for Windows NT Server, Terminal
Server Edition and (2) an end user license for Windows NT
Workstation or an end user license agreement for Windows
NT Workstation for Windows-Based Terminal Devices
(please refer to the end user license agreement for Windows
NT Server, Terminal Server Edition for additional information).
MANUFACTURER may have included a Certificate of
Authenticity for Windows NT Workstation for Windows-Based
Terminal Devices with the SYSTEM. In that case, this EULA
constitutes an end user license for the version of Windows
NT Workstation for Windows-Based Terminal Devices
indicated on such Certificate of Authenticity.
Back-up Copy
If MANUFACTURER has not included a back-up copy of the
SYSTEM SOFTWARE with the SYSTEM, you may make a
single back-up copy of the SYSTEM SOFTWARE. You may
use the back-up copy solely for archival purposes.
2.
Description of Other Rights and Limitations
Speech/Handwriting Recognition
If the SYSTEM SOFTWARE includes speech and/or
handwriting recognition component(s), you should
understand that speech and handwriting recognition are
inherently statistical processes; that recognition errors are
inherent in the processes; that it is your responsibility to
provide for handling such errors and to monitor the
recognition processes and correct any errors. Neither
MANUFACTURER nor its suppliers shall be liable for any
damages arising out of errors in the speech and handwriting
recognition processes.
Limitations on Reverse Engineering, Decompilation and
Disassembly
You may not reverse engineer, de-compile, or disassemble
the SYSTEM SOFTWARE, except and only to the extent that
such activity is expressly permitted by applicable law
notwithstanding this limitation.
Single SYSTEM
The SYSTEM SOFTWARE is licensed with the SYSTEM as
a single integrated product. The SYSTEM SOFTWARE
installed in Read Only Memory (ROM) of the SYSTEM may
only be used as part of the SYSTEM.
Single EULA
The package for the SYSTEM SOFTWARE may contain
multiple versions of this EULA, such as multiple translations
and/or multiple media versions (e.g., in the user
documentation and in the software). Even if you receive
multiple versions of the EULA, you are licensed to use only
one (1) copy of the SYSTEM SOFTWARE.
Rental
You may not rent or lease the SOFTWARE.
Software Transfer
You may permanently transfer all of your rights under this
EULA only as part of a sale or transfer of the SYSTEM,
provided you retain no copies, you transfer all of the
SOFTWARE (including all component parts, the media, any
upgrades or backup copies, this EULA and, if applicable, the
Certificate(s) of Authenticity), 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.
Termination
Without prejudice to any other rights, MANUFACTURER or
MS 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 and all of its
component parts.
3.
Upgrades
If the SYSTEM SOFTWARE and this EULA are provided
separate from the SYSTEM by MANUFACTURER and the
SYSTEM SOFTWARE is on a ROM chip, CD ROM disk(s) or
floppy disk(s), and labeled "For ROM Upgrade Purposes
Only" ("ROM Upgrade"), you may install one copy of the
ROM Upgrade onto the SYSTEM as a replacement copy for
the SYSTEM SOFTWARE originally installed on the
SYSTEM and use it in accordance with Section 1 of this
EULA.
4.
Copyright
All title and copyrights in and to the SOFTWARE (including
but not limited to any images, photographs, animations, video,
audio, music, text and "applets," incorporated into the
SOFTWARE), the accompanying printed materials, and any
copy of the SOFTWARE, are owned by MS or its suppliers
(including Microsoft Corporation). You may not copy the
printed materials accompanying the SOFTWARE. All rights
not specifically granted under this EULA are reserved by MS
and its suppliers (including Microsoft Corporation).
5.
Product Support
Product support for the SOFTWARE is not provided by MS,
its parent corporation, Microsoft Corporation, or their
affiliates or subsidiaries. For product support, please refer to
MANUFACTURER’s support number provided in the
documentation for the SYSTEM. Should you have any
questions concerning this EULA, or if you desire to contact
MANUFACTURER for any other reason, please refer to the
address provided in the documentation for the SYSTEM.
6.
Export Restrictions
You agree that you will not export or re-export the
SOFTWARE to any country, person, or entity subject to U.S.
export restrictions. You specifically agree not to export or
re-export the SOFTWARE: (i) to any country to which the
U.S. has embargoed or restricted the export of goods or
services, which as of March 1998 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 person or entity