SUPPLEMENTAL END USER LICENSE AGREEMENT FOR MICROSOFT SOFTWARE IMPORTANT: READ CAREFULLY - This Microsoft Corporation ("Microsoft") operating system component, including any "online" or electronic documentation ("OS Component") is subject to the terms and conditions of the agreement under which you have licensed Microsoft Windows 95, Microsoft Windows 98, Microsoft Windows NT Workstation 4.0, Microsoft Windows NT Server 4.0, Microsoft Windows NT Server, Enterprise Edition 4.0, or Microsoft Windows NT Server 4.0, Terminal Server Edition (each an "End User License Agreement" or "EULA") and the terms and conditions of this Supplemental EULA. BY INSTALLING, COPYING OR OTHERWISE USING THE OS COMPONENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE APPLICABLE EULA AND THIS SUPPLEMENTAL EULA. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT INSTALL, COPY OR USE THE OS COMPONENT. NOTE: IF YOU DO NOT HAVE A VALIDLY LICENSED COPY OF MICROSOFT WINDOWS 95, MICROSOFT WINDOWS 98, MICROSOFT WINDOWS NT WORKSTATION 4.0, MICROSOFT WINDOWS NT SERVER 4.0, MICROSOFT WINDOWS NT SERVER, ENTERPRISE EDITION 4.0 OR MICROSOFT WINDOWS NT SERVER 4.0, TERMINAL SERVER EDITION (each a "Software Product"), YOU ARE NOT AUTHORIZED TO INSTALL, COPY OR OTHERWISE USE THE OS COMPONENT AND YOU HAVE NO RIGHTS UNDER THIS SUPPLEMENTAL EULA. Capitalized terms used in this Supplemental EULA and not otherwise defined herein shall have the meanings assigned to them in the EULA. General. The OS Component is provided to you by Microsoft to update, supplement, or replace existing functionality of the applicable Software Product. Microsoft grants you a license to use the OS Component under the terms and conditions of the applicable EULA (which are hereby incorporated by reference) and the terms and conditions set forth in this Supplemental EULA, provided that you comply with all such terms and conditions. If the applicable Software Product is Microsoft Windows NT Server 4.0, Microsoft Windows NT Server, Enterprise Edition 4.0, or Microsoft Windows NT Server 4.0, Terminal Server Edition then the OS Component shall be deemed to be "Server Software" under the applicable EULA. To the extent that any terms in this Supplemental EULA conflict with terms in the applicable EULA, the terms of this Supplemental EULA control solely with respect to the OS Component. Additional Rights and Limitations. * For each validly licensed copy of the applicable Software Product, you also may reproduce one additional copy of the OS Component solely for archival purposes or reinstallation of the OS Component on the same computer(s) as the OS Component was previously installed. Microsoft retains all right, title and interest in and to the OS Component. All rights not expressly granted are reserved by Microsoft. IF THE APPLICABLE SOFTWARE PRODUCT WAS LICENSED TO YOU BY MICROSOFT OR ANY OF ITS WHOLLY OWNED SUBSIDIARIES, THE LIMITED WARRANTY (IF ANY) INCLUDED IN THE EULA FOR THE APPLICABLE SOFTWARE PRODUCT APPLIES TO THE OS COMPONENT PROVIDED THE OS COMPONENT HAS BEEN LICENSED BY YOU WITHIN THE TERM OF THE LIMITED WARRANTY IN SUCH EULA. HOWEVER, THIS SUPPLEMENTAL EULA DOES NOT EXTEND THE TIME PERIOD FOR WHICH THE LIMITED WARRANTY IS PROVIDED. IF THE APPLICABLE SOFTWARE PRODUCT WAS LICENSED TO YOU BY AN ENTITY OTHER THAN MICROSOFT OR ANY OF ITS WHOLLY OWNED SUBSIDIARIES, MICROSOFT DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE OS COMPONENT AS FOLLOWS: DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT AND ITS SUPPLIERS PROVIDE TO YOU THE OS COMPONENT, AND ANY (IF ANY) SUPPORT SERVICES RELATED TO THE OS COMPONENT ("SUPPORT SERVICES") AS IS AND WITH ALL FAULTS; AND MICROSOFT AND ITS SUPPLIERS HEREBY DISCLAIM WITH RESPECT TO THE OS COMPONENT AND SUPPORT SERVICES ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES OR CONDITIONS OF OR RELATED TO: TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE OS COMPONENT AND ANY SUPPORT SERVICES REMAINS WITH YOU. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE OS COMPONENT OR THE SUPPORT SERVICES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS SUPPLEMENTAL EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF MICROSOFT OR ANY SUPPLIER, AND EVEN IF MICROSOFT OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF MICROSOFT AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS SUPPLEMENTAL EULA AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE OS COMPONENT OR U.S.$5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. WBEM_Core_Addendum[Final].doc 4/22/99