END-USER LICENSE AGREEMENT FOR MICROSOFT® SOFTWARE FOR USE WITH MICROSOFT HARDWARE DEVICES

IMPORTANT—READ CAREFULLY: This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and the manufacturer (“Manufacturer”) of the computer system or computer system component (“COMPUTER”) with which you acquired the Microsoft product identified above. The Microsoft product is a combination of software (“SOFTWARE”) and its accompanying hardware device (“HARDWARE”), both of which accompanied the new COMPUTER. If the SOFTWARE is not accompanied by a new COMPUTER, you may not use the SOFTWARE. The SOFTWARE includes computer software, and any permitted copies, storage media, documentation (printed or electronic), Certificates of Authenticity, and this EULA, which includes the Software License, General Provisions and Manufacturer’s Guarantee and Limitation of Liability. This EULA is valid and grants the end-user license rights only if the SOFTWARE is genuine Microsoft SOFTWARE. By installing, copying or otherwise using the SOFTWARE, you agree to be bound by this EULA. If you do not agree to this EULA, Manufacturer and Microsoft are unwilling to license the SOFTWARE to you. In such event, you may not use the SOFTWARE, and you should promptly contact Manufacturer for instructions on return of the entire product for a refund. If you have any questions about this EULA, please contact Manufacturer as provided in your user documentation for the COMPUTER.

Software LICENSE

The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold. All intellectual property rights in and title to the SOFTWARE are owned by Microsoft or its suppliers. All rights not specifically granted are reserved by Manufacturer, Microsoft and its suppliers. The term “Microsoft” as used herein shall mean Microsoft Licensing, GP, Microsoft Ireland Operations, Ltd. or another Microsoft entity.

1. GRANT OF LICENSE. This EULA grants you the following rights:

Software Installation and Use. Except as otherwise expressly provided in this EULA, you may only install, use, access, run, or otherwise interact with (“Run”) one (1) copy of the SOFTWARE on a single COMPUTER to which the HARDWARE is attached. The SOFTWARE may not be installed, accessed, displayed, shared or used concurrently on or from different computers, including a workstation, terminal or other digital electronic device.

Back-Up Copy. You may keep the original media on which the SOFTWARE was provided solely for backup or archival purposes. If the original media is required to use the SOFTWARE on the COMPUTER, you may make a single back-up copy of the SOFTWARE solely for archival purposes only if the Manufacturer has not included a back-up copy. It is illegal to make unauthorized copies of the SOFTWARE or to circumvent any copy protection technology employed in the SOFTWARE. Except as expressly provided in this EULA, you may not otherwise make copies of the SOFTWARE or the printed materials accompanying the SOFTWARE.

2. OTHER LIMITATIONS. 

Language and Processor Version Selection. You are licensed to use only one of the language versions and one of the processor versions provided, if the SOFTWARE is included in more than one language version and/or processor version.

Dual Medium Software. You may receive the SOFTWARE in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your COMPUTER. You may not Run the other medium on another computer. You may not loan, rent, lease, lend or otherwise transfer the other medium to another user, except as part of an authorized permanent transfer of the entire SOFTWARE and HARDWARE as described under the Section, “Software Transfer.”

Software Transfer. You may permanently transfer all of your rights under this EULA only as part of a transfer of the COMPUTER with the HARDWARE, provided you retain no copies and transfer all of the SOFTWARE (including all component parts, the media and printed materials, any upgrades, this EULA and, if applicable, the Certificate of Authenticity), along with the accompanying HARDWARE and the recipient agrees to the terms of this EULA. If the SOFTWARE portion is an upgrade, any transfer must include all prior versions of the SOFTWARE.

Rental. You may not rent, lease, or lend the SOFTWARE.

Upgrades. You may use an upgrade version of the SOFTWARE in accordance with the terms of this EULA, unless a separate EULA is provided to you with such upgrade version, in which case such separate EULA governs your use of the upgrade version, provided you are licensed to use a product identified by Manufacturer, Microsoft or its suppliers as being eligible for upgrade (“Eligible Product”). SOFTWARE labeled as an upgrade replaces and/or supplements (and may disable, if upgrading a Microsoft product) the Eligible Product which came with the COMPUTER.

Limitations on Reverse Engineering, Decompilation and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

Separation of Components. The SOFTWARE is licensed as a single product. Its component parts may not be separated for use on more than one computer.

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. 

BENEFICIARY. To the extent allowed by applicable law, this Manufacturer’s Guarantee is only made to you, the first licensed user of the SOFTWARE and HARDWARE, and there are no third party beneficiaries of this Manufacturer’s Guarantee. It is not intended for and does not apply to anyone else (except as required by law), including anyone to whom you make any transfer authorized in the EULA.