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MICROSOFT SOFTWARE LICENSE AGREEMENT
WINDOWS EMBEDDED 8 STANDARD
Thank you for choosing a device preinstalled with Windows Embedded 8 Standard. This is a license agreement between you and SEGA. This agreement describes your rights to use the
Windows Embedded 8 Standard software included on this device. The Windows Embedded 8 Standard software also includes any separate media on which you received the software. For
your convenience, we’ve organized this agreement into two parts. The fi rst part includes introductory terms phrased in a question and answer format; the Additional Terms follow and contain
greater detail. You should review the entire agreement, including any linked terms, because all of the terms are important and together create this contract that applies to you. You can review
linked terms by pasting the forward link into your browser window once the software is running.
The Additional Terms contain a binding arbitration clause and class action waiver. If
you live in the United States, these affect your rights to resolve a dispute with SEGA, or with Microsoft, and you should read them carefully.
By accepting this agreement or using the software, you agree to all of these terms and consent to the transmission of certain information for Internet-based features of the software.
If you do not accept and comply with these terms, you may not use the software or features.
Instead, you may contact SEGA to determine its return policy for a refund or credit under
that policy.
How can I use the software?
The software is licensed, not sold. Under this agreement, we grant you the right to install and run one copy only on the device with which you acquired the
software (the licensed device), for use by one person at a time, but only if you comply with all the terms of this agreement. The software is not licensed to be used as server software or for
commercial hosting – so, for example, you may not make the software available for simultaneous use by multiple users over a network. For more information on multiple user scenarios, see
the Additional Terms.
May I make a backup copy?
Yes, you may make a single copy of the software for backup purposes, and use that backup copy as described below.
Can I transfer the software to another user?
You may transfer the software directly to another user, only with the licensed device. The transfer must include the software, proof of pur-
chase, and, if provided with the device, an authentic Windows label such as the certi fi cate of authenticity label, including the product key. You may not keep any copies of the software or any
earlier version. Before any permitted transfer, the other party must agree that this agreement applies to the transfer and use of the software.
Does the software collect my personal information?
If you connect your licensed device to the Internet, some features of the software may connect to Microsoft or service provider com-
puter systems to send or receive information, including personal information. You may not always receive a separate notice when they connect. If you choose to use any of these features, you
agree to send or receive this information when using that feature. Many of these features can be switched off or you can choose not to use them.
How does Microsoft use your information?
Microsoft uses the information it collects through the software features to upgrade or fi x the software and otherwise improve its products and
services. In certain circumstances, Microsoft also shares it with others. For example, Microsoft shares error reports with relevant hardware and software vendors, so that the vendors can use
the information to improve how their products run with Microsoft products. You agree that Microsoft may use and disclose the information as described in Microsoft’s Privacy Statement at
go.microsoft.com/fwlink/?LinkId=190175.
What does this agreement apply to?
The Windows Embedded 8 Standard software on this licensed device includes software licensed from Microsoft Corporation or its af fi liate. This agree-
ment (including any printed-paper license terms that accompany the software) applies to the software, any separate media on which you received the software, and any Microsoft updates,
supplements, and services for the software, unless other terms come with them.
Are there things I’m not allowed to do with the software?
Yes. Because the software is licensed, not sold, SEGA and Microsoft reserve all rights (such as rights under intellectual property
laws) not expressly granted in this agreement. In particular, this license does not give you any right to, and you may not: use features of the software separately; publish, copy (other than the
permitted backup copy), rent, lease, or lend the software; transfer the software (except as permitted by this agreement); attempt to circumvent technical protection measures in the software;
or reverse engineer, decompile, or disassemble the software, except if the laws where you live permit this even when this agreement does not. In that case, you may do only what your law al-
lows. When using Internet-based features , you may not use those features in any way that could interfere with anyone else’s use of them, or to try to gain access to any service, data, account,
or network in an unauthorized manner.
ADDITIONAL TERMS
1. License Rights and Use Scenarios
a. Device. In this agreement, “device” means a hardware system with internal storage capable of running the software. The software is licensed to run on up to two
processors on the licensed device at any one time.
b. Speci fi c Use. SEGA designed the licensed device for a speci fi c use. You may only use the software for that use.
c. Other Software. You may use other programs with the software as long as the other programs
• directly support the speci fi c use for the licensed device, or
• provide system utilities, resource management, or anti-virus or similar protection.
Software that provides consumer or business tasks or processes may not run on the licensed device. This includes word processing, spreadsheet, database,
scheduling and personal fi nance software. The licensed device may use terminal services protocols to access such software running on a server.
d. Device connections. You may not use the software as server software. In other words, more than one device may not access, display, run, share or use the soft
ware at the same time. You may allow up to 20 other devices to access the software installed on the licensed device for the purpose of using fi le services, print
services, Internet information services, and Internet connection sharing and telephony services on the licensed device. The 20 connection limit applies to devices
that access the software indirectly through “multiplexing” or other software or hardware that pools connections. You may use unlimited inbound connections at
any time via TCP/IP.
e. Remote Access Technologies. The software contains Remote Desktop and Remote Assistance technologies that enable the software or applications installed on
the licensed device to be accessed remotely from other devices.
• Remote Desktop. The single primary user of the licensed device may access a session from any other device using Remote Desktop or similar tech-
nologies. A “session” means the experience of interacting with the software, directly or indirectly, through any combination of input, output and display
peripherals. Other users, one at a time, may access the licensed software running on this host device, from any device using Remote Desktop, but only
if the remote device is separately licensed to run Windows Embedded 8 Standard.
• Remote Assistance. You may use Remote Assistance or similar technologies to share an active session without obtaining any additional licenses for the
software. Remote Assistance allows one user to directly connect to another user’s device, usually to correct problems.
2. Binding Arbitration and Class Action Waiver
a. Application. This Section 2 applies to any dispute EXCEPT IT DOES NOT INCLUDE A DISPUTE RELATING TO THE ENFORCEMENT OR VALIDITY
OF YOUR, SEGA’S, OR EITHER OF OUR LICENSORS’ INTELLECTUAL PROPERTY RIGHTS. Dispute means any dispute, action, or other controversy
between you and SEGA, or you and Microsoft, concerning the software (including its price) or this agreement, whether in contract, warranty, tort, statute,
regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.
b. Notice of Dispute. In the event of a dispute, you or SEGA must give the other a Notice of Dispute, which is a written statement of the name, address, and
contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. Send it by U.S. Mail to SEGA, ATTN: LEGAL DEPART
MENT. SEGA will send any Notice of Dispute to your U.S. Mail address if available, or otherwise to your e-mail address. You and SEGA will attempt to
resolve any dispute through informal negotiation within 60 days from the date the Notice of Dispute is sent. After 60 days, you or SEGA may commence
arbitration.
c. Small claims court. You may also litigate any dispute in small claims court in your county of residence or the SEGA’s principal place of business, if the dispute
meets all requirements to be heard in the small claims court. You may litigate in small claims court whether or not you negotiated informally fi rst.
d. Binding arbitration. If you and SEGA, or Microsoft, do not resolve any dispute by informal negotiation or in small claims court, any other effort to resolve the
dispute will be conducted exclusively by binding arbitration. You are giving up the right to litigate (or participate in as a party or class member) all disputes in
court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be fi nal except for a limited right of appeal
under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
e. Class action waiver. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you, SEGA, nor
Microsoft, will seek to have any dispute heard as a class action, as a private attorney general action, or in any other proceeding in which any party acts or pro
poses to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all af
fected arbitrations or proceedings.
f. Arbitration procedure. Any arbitration will be conducted by the American Arbitration Association (the “AAA”), under its Commercial Arbitration Rules.
If you are an individual and use the software for personal or household use, or if the value of the dispute is $75,000 or less whether or not you are an individual
or how you use the software, the AAA Supplementary Procedures for Consumer-Related Disputes will also apply. To commence arbitration, submit a Com
mercial Arbitration Rules Demand for Arbitration form to the AAA. You may request a telephonic or in-person hearing by following the AAA rules. In a dispute
involving $10,000 or less, any hearing will be telephonic unless the arbitrator fi nds good cause to hold an in-person hearing instead. For more information, see
adr.org or call 1-800-778-7879. You agree to commence arbitration only in your county of residence or in the SEGA’s principal place of business. SEGA agrees
to commence arbitration only in your county of residence. The arbitrator may award the same damages to you individually as a court could. The arbitrator may
award declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your individual claim.
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MICROSOFT SOFTW
ARE LICENSE
AGREEMENT