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Single Computer. The SOFTWARE is licensed with the HARDWARE as a single integrated product. The SOFTWARE may only be used with the
HARDWARE as set forth in this EULA.
Single EULA. This 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). In this case, you are only licensed to use one (1) copy of the SOFTWARE.
Not For Resale Software. If the SOFTWARE is labeled “Not for Resale” or “NFR”, then, notwithstanding other sections of this EULA, you may not
resell, or otherwise transfer for value, the SOFTWARE.
Trademarks. This EULA does not grant you any rights in connection with any trademarks or service marks of Microsoft or its suppliers.
Product Support. Product support is provided by Manufacturer and not by Microsoft or its suppliers or their affiliates or subsidiaries. Please
refer to Manufacturer’s support number provided in your user documentation.
3. COPYRIGHT. All title and intellectual property rights 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 copies of
the SOFTWARE, are owned by Microsoft or its suppliers. All title and intellectual property rights in and to the content which is not contained
in the SOFTWARE but may be accessed through use of the SOFTWARE is the product 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. Use of any on-
line services which may be accessed through the SOFTWARE may be governed by the respective terms of use relating to such services. If this
SOFTWARE contains documentation which is provided only in electronic form, you may print one copy of such electronic documentation. You
may not copy the printed materials accompanying the HARDWARE and SOFTWARE. Microsoft and its suppliers reserve all rights not specifically
granted under this EULA.
4. EXPORT RESTRICTIONS. You acknowledge that the SOFTWARE licensed under this EULA is of U.S. export jurisdiction. You agree to comply
with all applicable international and national laws and regulations that apply to the SOFTWARE, including the U.S. Export Administration
Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments. For additional information, see:
http://www.microsoft.com/exporting.
5. NOTE ON JAVA TECHNOLOGY. 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 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.
6. TERMINATION OF LICENSE. Without prejudice to any other rights, Manufacturer, Microsoft and its suppliers may terminate your EULA rights if
you fail to comply with its terms. In such event, you must destroy all of copies of the SOFTWARE and all of its component parts and HARDWARE.
GENERAL PROVISIONS:
The following provisions apply to the Software License and the Manufacturer’s Guarantee and Limitation of Liability.
1. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW AND EXCEPT AS PROVIDED IN THE GUARANTEE, MANUFACTURER AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DAMAGES
WHATSOEVER (INCLUDING WITHOUT LIMITATION, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES FOR LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS, FOR PERSONAL INJURY OR FOR FAILURE
TO MEET ANY DUTY INCLUDING GOOD FAITH OR REASONABLE CARE, OR FOR NEGLIGENCE), ARISING OUT OF THE USE OF OR INABILITY TO
USE THE SOFTWARE OR HARDWARE, EVEN IF MANUFACTURER OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE MANUFACTURER’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT
ACTUALLY PAID BY YOU FOR THE SOFTWARE AND THE HARDWARE. THESE LIMITATIONS DO NOT APPLY TO ANY LIABILITIES THAT CANNOT
BE EXCLUDED OR LIMITED BY APPLICABLE LAWS. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
2. GOVERNING LAW. If you acquired the HARDWARE in the United States of America, the laws of the State of Washington, U.S.A., apply to
this agreement. If you acquired the HARDWARE in the European Union, Iceland, Norway or Switzerland then local law applies. If you acquired
the HARDWARE in Canada, except where expressly prohibited by local law, the laws in force in the Province of Ontario, Canada apply to this
agreement and 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 you acquired the
HARDWARE outside of the countries listed above, then local law may apply.
MANUFACTURER’S GUARANTEE AND LIMITATION OF LIABILITY
NOTE: The following guarantee is not restricted to any territory and does not affect any statutory rights that you may have.
MANUFACTURER’S GUARANTEE. Manufacturer guarantees that:
(a) the SOFTWARE will perform substantially in accordance with the accompanying packaging and documentation for a period of ninety (90)
days starting from the date you receive the SOFTWARE, and
(b) the HARDWARE accompanying the SOFTWARE will be substantially free from defects in materials and workmanship for a period of three (3)
years starting from the date you receive the HARDWARE.
In the event that either the SOFTWARE or the HARDWARE fails to comply with this guarantee, Manufacturer will, at Manufacturer’s option, either
(a) repair or replace the SOFTWARE or the HARDWARE or
(b) return the price you paid for the SOFTWARE and the HARDWARE (if any), provided that you return the SOFTWARE and the HARDWARE to
Manufacturer with a copy of your receipt of purchase.
You may exercise this remedy without charge, except that you are responsible for any expenses you may incur. This Manufacturer’s Guarantee
is void if failure of the SOFTWARE or the HARDWARE has resulted from any accident, abuse, or misapplication. Any replacement SOFTWARE or
HARDWARE shall be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Manufacturer shall not
be responsible for any loss or damage that you could have reasonably avoided, for example, by backing up your software and files regularly.
EXCLUSION OF ALL OTHER TERMS. YOU AGREE THAT THE ABOVE GUARANTEE IS YOUR SOLE GUARANTEE IN RELATION TO THE SOFTWARE
AND THE HARDWARE. MANUFACTURER AND ITS SUPPLIERS MAKE NO OTHER GUARANTEES OR WARRANTIES WITH RESPECT TO THE
SOFTWARE, THE HARDWARE, AND ANY PRODUCT MANUAL(S) OR OTHER WRITTEN MATERIALS THAT ACCOMPANY THE HARDWARE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE GUARANTEE, MANUFACTURER AND ITS SUPPLIERS DISCLAIM ALL
WARRANTIES, CONDITIONS AND OTHER TERMS, EITHER EXPRESS OR IMPLIED (WHETHER BY STATUTE, COMMON LAW, COLLATERALLY OR
OTHERWISE) INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY
QUALITY AND FITNESS FOR PARTICULAR PURPOSE, LACK OF VIRUSES, LACK OF NEGLIGENCE, LACK OF WORKMANLIKE EFFORT, TITLE,
AUTHORITY, OR NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE, THE HARDWARE AND THE PRODUCT MANUAL(S) OR OTHER
WRITTEN MATERIALS THAT ACCOMPANY THE SOFTWARE AND THE HARDWARE. ANY IMPLIED WARRANTIES THAT ARE NOT DEEMED
EXCLUDED ARE LIMITED TO 90 DAYS FOR THE SOFTWARE AND THREE (3) YEARS FOR THE HARDWARE, OR TO THE SHORTEST PERIOD
PERMITTED BY APPLICABLE LAW, WHICHEVER IS GREATER.
REGISTRATION. You need not register your acquisition of the SOFTWARE and HARDWARE for this Manufacturer’s Guarantee to be effective.
