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Notices
4.
NOTE ON JAVA SUPPORT.
The 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 online 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. Sun Microsystems, Inc. has contractually
obligated MS to make this disclaimer.
5.
NO LIABILITY FOR CERTAIN DAMAGES.
Except as prohibited by law,
MS shall have no liability for an indirect, special, consequential or incidental
damages arising from or in connection with the use or performance of the
SOFTWARE. This limitation shall apply even if any remedy fails of its essential
purpose. In no event shall MS be liable for any amount in excess of U.S. two
hundred fifty dollars (U.S. $250.00).
6.
LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION
AND DISASSEMBLY.
You may not reverse engineer, decompile, or
disassemble the SOFWTARE, except and only to the extent that such activity is
expressly permitted by applicable law notwithstanding this limitation.
7.
SOFTWARE TRANSFER ALLOWED BUT WITH RESTRICTIONS.
You
may permanently transfer rights under this EULA only as part of a permanent
sale or transfer of the DEVICE, and only if the recipient agrees to this EULA. If
the SOFTWARE is an upgrade, any transfer must also include all prior versions
of the SOFTWARE.
8.
EXPORT RESTRICTIONS.
If these licensing terms are not labeled “North
America Only Version” and the SOFTWARE is not identified as “North
America Only Version” on the SOFTWARE packaging or other written
materials, then the following terms apply: Export of the SOFTWARE from the
United States is regulated by the Export Administration Regulations (EAR, 15
CFR 730-744) of the U.S. Commerce Department, Bureau of Export
Administration (BXA). You agree to comply with the EAR in the export or
re-export of the SOFTWARE: (i) to any country to which the U.S. has
embargoed or restricted the export of goods or services, which as of May 1999
includes, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea,
Sudan, Syria and the Federal Republic of Yugoslavia (including Serbia, but not
Montenegro), or to any national of any such country, wherever located, who
intended to transmit or transport the SOFTWARE back to such country; (ii) to
any person or entity 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. You warrant and represent that neither the BXA
nor any other U.S. federal agency has suspended, revoked or denied your export
privileges. For additional information see http://www.microsoft.com/exporting/.
If the licensing terms are labeled “North America Only Versions” or if the
SOFTWARE is labeled “North America Only Version” on the SOFTWARE
packaging or other written material, then the following applies:
