6
who you know or have reason to know will utilize the
SOFTWARE or portion thereof 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.
If the SOFTWARE is labeled "North America Only Version"
above, on the Product Identification Card, or on the
SOFTWARE packaging or other written materials, then the
following applies: The SOFTWARE is intended for
distribution only in the United States, its territories and
possessions (including Puerto Rico, Guam, and U.S. Virgin
Islands) and Canada. Export of the SOFTWARE from the
United States is regulated under "EI controls" of the Export
Administration Regulations (EAR, 15 CFR 730-744) of the
U.S. Commerce Department, Bureau of Export
Administration (BXA). A license is required to export the
SOFTWARE outside the United States or Canada. You
agree that you will not directly or indirectly, export or
re-export the SOFTWARE (or portions thereof) to any
country, other than Canada, or to any person or entity
subject to U.S. export restrictions without first obtaining a
Commerce Department export license. You warrant and
represent that neither the BXA nor any other U.S. federal
agency has suspended, revoked or denied your export
privileges.
7.
Note on Java Support
The SYSTEM SOFTWARE 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.
8.
Limited Warranty
Limited Warranty
MANUFACTURER warrants that the SOFTWARE will
perform substantially in accordance with the accompanying
written materials for a period of ninety (90) days from the date
of receipt. Any implied warranties on the SOFTWARE 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
MANUFACTURER’S and its suppliers’ entire liability and
your exclusive remedy shall be, at MANUFACTURER’S
option, either (a) return of the price paid, or (b) repair or
replacement of the SOFTWARE that does not meet the
above Limited Warranty and which is returned to
MANUFACTURER with a copy of your receipt. This Limited
Warranty is void if failure of the SOFTWARE has resulted
from accident, abuse, or misapplication. Any replacement
SOFTWARE will be warranted for the remainder of the
original warranty period or thirty (30) days, whichever is
longer.
No Other Warranties
EXCEPT AS EXPRESSLY PROVIDED IN THE LIMITED
WARRANTY SECTION ABOVE, THE SOFTWARE IS
PROVIDED TO THE END USER "AS IS" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF NON- INFRINGEMENT,
MERCHANTABILITY, AND/OR FITNESS FOR A
PARTICULAR PURPOSE. THE ENTIRE RISK OF THE
QUALITY AND THE PERFORMANCEOF THE SOFTWARE
IS WITH YOU.
PERFORMANCE OF THE SOFTWARE IS WITH YOU.
No Liability for Consequential Damages
MANUFACTURER OR MANUFACTURER’S SUPPLIERS,
INCLUDING MS AND ITS SUPPLIERS, SHALL NOT BE
HELD TO ANY LIABILITY FOR ANY DAMAGES
SUFFERED OR INCURRED BY THE END USER
(INCLUDING, BUT NOT LIMITED TO, GENERAL, SPECIAL,
CONSEQUENTIAL OR INCIDENTAL DAMAGES
INCLUDING DAMAGES FOR LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, LOSS OF
BUSINESS INFORMATION AND THE LIKE), ARISING
FROM OR IN CONNECTION WITH THE DELIVERY, USE
OR PERFORMANCE OF THE SOFTWARE.
If you acquired this EULA in the United States, this EULA is
governed by the laws of the State of Washington.
If you acquired this EULA 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 EULA was acquired outside the United States, then
local law may apply.
Should you have any questions concerning this EULA,
please contact the MANUFACTURER of your SYSTEM.
U.S. GOVERNMENT RESTRICTED RIGHTS
The SOFTWARE 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
