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3. UPGRADES AND RECOVERY MEDIA
DEVICE Software.
If the DEVICE Software is provided by the Manufacturer separate from the Rugged PDA on media
such as a ROM chip, CD ROM disk(s) or via web download or other means, and is labeled "For Upgrade Purposes Only"
or "For Recovery Purposes Only" you may install one copy of such DEVICE Software onto the Rugged PDA as a
replacement copy for the existing DEVICE Software and use it in accordance with Section 1 of this EULA.
Desktop Software.
If any Desktop Software Component(s) is provided by the Manufacturer separate from the Rugged
PDA on CD ROM disk(s) or via web download or other means, and labeled "For Upgrade Purposes Only" or "For
Recovery Purposes Only", you may (i) install and use one copy of such component(s) on the computer(s) you use to
exchange data with the Rugged PDA as a replacement copy for the existing Desktop Software component(s).
4. 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 MS or its suppliers, (including Microsoft Corpora-
tion). You may not copy the printed materials accompanying the SOFTWARE. All title and intellectual property rights in
and to the content which may be accessed through use of the SOFTWARE is the property 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. All rights not specifically granted under this EULA are reserved by MS and its suppliers
(including Microsoft Corporation).
5. EXPORT RESTRICTIONS.
You agree that you will not export or re-export the SOFTWARE to any county, 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 May 1999 include, 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 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.
6. 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 on-line control equipment in hazardous
environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or commu-
nication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of Java tech-
nology could lead directly to death, personal injury, or severe physical or environmental damage.
7. 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 the CASIO support number provided in
the documentation for the Rugged PDA. Should you have any questions concerning this EULA, or if you desire to contact
CASIO for any other reason, please refer to the address provided in the documentation for the Rugged PDA.
NO LIABILITY FOR CERTAIN DAMAGES. EXCEPT AS PROHIBITED BY LAW, MS SHALL HAVE NO LIABILITY FOR
ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION
WITH THE USE OR PERFORMANCE OF THE SOFTWARE. THIS LIMITANION SHALL APPLY EVEN IF ANY REMEDY
FAILS OF ITS ESSENTIAL PURPOSE.
FOR APPLICABLE LIMITED WARRANTIES AND SPECIAL PROVISIONS PERTAINING TO YOUR PARTICULAR JU-
RISDICTION, PLEASE REFER TO YOUR WARRANTY BOOKLET INCLUDED WITH THIS PACKAGE OR PROVIDED
WITH THE SOFTWARE PRINTED MATERIALS.
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