6 _______________________________
Boundless Technologies
ADDS 6300 XPe
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 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
