294 lines
14 KiB
Plaintext
294 lines
14 KiB
Plaintext
180-Day License
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This is a legal agreement ("Agreement") between you (either an
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individual or an entity), the end user ("Recipient"), and
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Microsoft Corporation ("Microsoft"). BY INSTALLING, COPYING OR
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OTHERWISE USING THE PRODUCT (AS DEFINED
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BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF
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THIS AGREEMENT. IF YOU DO NOT AGREE TO THE
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TERMS OF THIS AGREEMENT, DO NOT INSTALL, COPY
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OR USE THE PRODUCT.
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MICROSOFT LICENSE AND NON-DISCLOSURE
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AGREEMENT FOR PRE-RELEASE CODE for the
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Microsoft Product code-named "Whistler"
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1. GRANT OF LICENSE FOR DUAL DISTRIBUTION.
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(a) Microsoft may provide the software accompanying this
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Agreement (the "Product") as a web-based download or on a
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CD-ROM. Solely for internal testing and for the purpose
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of providing feedback thereon to Microsoft, Microsoft
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grants Recipient a limited, non-exclusive, non-assignable,
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nontransferable, royalty-free license to: (i) install
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and use sixteen (16) copies of the server software
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component of the Product on computers residing on
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Recipient's premises (a computer running the server
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software component of the Product shall be referred to as
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the "Server") where the Server machines meet or exceed
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the following minimum requirements, for either 32-bit or
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64-bit processor architectures: capable of expansion to
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at least 8 processors, support a minimum of 2 GB and be
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expandable to minimum of 4 GB, memory includes ECC
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protection, system must support 64-bit IO bus
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architecture including 64-bit physical address space, 6
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4-bit PCI adapters must be able to address any location
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in the address space supported by the platform, and (ii)
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install and use an unlimited number of copies of the
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client software components of the Product (including any
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profiles created using the Product), on client computers
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residing on Recipient's premises and connected to a
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Server. The foregoing server software component limit is
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aggregate and applies regardless of how many copies of
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the Product Recipient obtains from Microsoft. If
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Recipient is downloading the Product from a Microsoft web
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site, Recipient may make one (1) additional copy of the
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Product onto a CD-ROM to exercise the rights granted
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above. All other rights are reserved to Microsoft.
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Recipient shall not rent, lease, sell, sublicense,
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assign, or otherwise transfer the Product or any
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accompanying printed materials ("Documentation").
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Recipient may not reverse engineer or decompile the
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Product, except to the extent that local law expressly
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prohibits the foregoing restriction. Recipient may not
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use the Product in a live operating environment with data
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that has not been sufficiently backed up. Recipient may
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not use the Product for benchmark or performance testing.
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Microsoft and its suppliers shall retain title and all
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ownership rights to the Product, and this Agreement shall
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not be construed in any manner as transferring any rights
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of ownership or license to the Product or to the features
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or information therein, except as specifically stated
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herein.
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(b) Mandatory Activation. The license rights granted under
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this EULA may be limited to the first five (5) days after
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You first boot the Software Product unless You activate
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your copy of the Software Product in the manner described
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during the setup sequence of the Software Product and, as
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a result of such activation, You receive a final
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confirmation number for the Software Product. Any use of
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the Software Product after the fifth (5th) day will
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require Your input of such confirmation number.
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(c) YOUR RIGHT TO USE THE PRODUCT SHALL
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BE EFFECTIVE FROM THE DATE YOU FIRST
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INSTALL ANY PORTION OF THE PRODUCT ON
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ANY DEVICE FOR A PERIOD OF ONE
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HUNDRED EIGHTY (180) DAYS. THE
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PRODUCT IS TIME SENSITIVE AND WILL
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NOT FUNCTION UPON EXPIRATION OF THE
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180 DAY PERIOD. NOTICE OF EXPIRATION
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WILL NOT ACTIVELY BE GIVEN, SO YOU
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NEED TO PLAN FOR THE EXPIRATION DATE
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AND MAKE A COPY OF AND REMOVE YOUR
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IMPORTANT DATA BEFORE EXPIRATION. If
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you desire to use the Product after your evaluation is
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completed, you will need to acquire a validly licensed
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copy of the non-evaluation version of the Product.
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(d) Recipient agrees to provide reasonable feedback to
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Microsoft, including but not limited to usability, bug
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reports and test results, with respect to the testing of
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the Product. Recipient will use reasonable efforts to
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review and comment on all documentation supplied. All bug
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reports, test results and other feedback made by
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Recipient shall be the property of Microsoft and may be
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used by Microsoft for any purpose it sees fit. Due to
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the nature of the development work, Microsoft is not
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certain if errors or discrepancies in the Product may be
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corrected.
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(e) Recipient may disclose the Product only to its employees
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who have a need to know and have access to the Product in
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order to assist in the Recipient's testing of the
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Product, provided that (1) such employee's use of the
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Product takes place solely at Recipient's site and (2)
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Recipient has executed appropriate written agreements
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with such employees sufficient to enable it to comply
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with the terms of this Agreement. Upon Microsoft's
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request, Recipient shall provide to Microsoft a list of
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all employees granted access to the Product hereunder.
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(f) Recipient's use of the Product shall take place solely at
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Recipient's site. Recipient may not demonstrate or show
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the Product to third parties without the express written
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permission of Microsoft.
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(g) Recipient's use of software applications installed on or
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accessed through the Product's IntelliMirror, Terminal
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Services, or application-sharing functionality may
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require additional licenses - please consult the license
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agreement accompanying such software.
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2. TERM OF AGREEMENT. The term of this Agreement shall commence
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upon Recipient's copying, installing or using the Product
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and shall continue unless terminated by Microsoft in
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writing at any time, with or without cause. This
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Agreement will terminate without notice upon the
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commercial release of the Product. Upon the termination
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of this Agreement, Recipient shall promptly return to
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Microsoft, or certify destruction of, all full or partial
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copies of the Product and related materials provided by
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Microsoft.
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3. COST OF TESTING. There is no charge to Recipient for testing
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of the Product. Microsoft shall bear all transportation
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expenses relating to the shipment of the Product to
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Recipient's place of business. If Recipient returns the
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Product, Recipient will pay the return transportation
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expense.
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4. SUPPORT/MAINTENANCE. Microsoft is not
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obligated to provide maintenance, updates, technical or
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other support for the Product. However, limited
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technical support ("Support Services"), if noted in the
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materials provided to Recipient by Microsoft, may be
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available. Use of any such Support Services is governed
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by the Microsoft policies and programs described in
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"online" documentation, and/or in other Microsoft-provided
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materials. Any supplemental software code provided to
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Recipient as part of the Support Services shall be
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considered part of the Product and subject to the terms
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and conditions of this Agreement. With respect to
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technical information Recipient provides to Microsoft as
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part of the Support Services, Microsoft may use such
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information for its business purposes, including for
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product support and development. Microsoft will not
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utilize such technical information in a form that
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personally identifies Recipient. Such limited Support
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Services may not be available in all countries outside
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the United States and will be discontinued once the
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Product is commercially released. In no event shall
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Microsoft be obligated to provide Recipient, free of
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charge, a copy of the commercial release version of the
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Product in connection with Recipient's participation in
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the testing program. Microsoft is not obligated to make
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the Product commercially available.
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5. DISCLAIMER OF WARRANTIES. To the maximum
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extent permitted by applicable law, Microsoft and its
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suppliers provide to Recipient the Product and Support
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Services AS IS AND WITH ALL FAULTS;
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and Microsoft and its suppliers hereby disclaim with
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respect to the Product and Support Services all
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warranties and conditions, whether express, implied or
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statutory, including, but not limited to, any (if any)
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warranties, duties or conditions of or related to:
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merchantability, fitness for a particular purpose, lack
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of viruses, accuracy or completeness of responses,
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results, workmanlike effort and lack of negligence. ALSO
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THERE IS NO WARRANTY, DUTY OR
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CONDITION OF TITLE, QUIET ENJOYMENT,
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QUIET POSSESSION, CORRESPONDENCE TO
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DESCRIPTION OR NON-INFRINGEMENT. THE
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ENTIRE RISK ARISING OUT OF USE OR
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PERFORMANCE OF THE PRODUCT AND ANY
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SUPPORT SERVICES REMAINS WITH
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RECIPIENT.
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6. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL
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AND CERTAIN OTHER DAMAGES. TO THE
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MAXIMUM EXTENT PERMITTED BY
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APPLICABLE LAW, IN NO EVENT SHALL
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MICROSOFT OR ITS SUPPLIERS BE LIABLE
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FOR ANY SPECIAL, INCIDENTAL,
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INDIRECT, PUNITIVE OR CONSEQUENTIAL
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DAMAGES WHATSOEVER (INCLUDING, BUT
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NOT LIMITED TO, DAMAGES FOR: LOSS OF
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PROFITS, LOSS OF CONFIDENTIAL OR
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OTHER INFORMATION, BUSINESS
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INTERRUPTION, PERSONAL INJURY, LOSS
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OF PRIVACY, FAILURE TO MEET ANY DUTY
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(INCLUDING OF GOOD FAITH OR OF
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REASONABLE CARE), NEGLIGENCE, AND ANY
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OTHER PECUNIARY OR OTHER LOSS
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WHATSOEVER) ARISING OUT OF OR IN ANY
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WAY RELATED TO THE USE OF OR
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INABILITY TO USE THE PRODUCT OR THE
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SUPPORT SERVICES, OR THE PROVISION OF
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OR FAILURE TO PROVIDE SUPPORT
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SERVICES, OR OTHERWISE UNDER OR IN
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CONNECTION WITH ANY PROVISION OF THIS
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AGREEMENT, EVEN IF MICROSOFT OR ANY
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SUPPLIER HAS BEEN ADVISED OF THE
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POSSIBILITY OF SUCH DAMAGES.
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7. LIMITATION OF LIABILITY AND REMEDIES.
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Notwithstanding any damages that Recipient might incur
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for any reason whatsoever (including, without limitation,
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all damages referenced above and all direct or general
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damages), the entire liability of Microsoft and any of
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its suppliers under any provision of this Agreement and
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your exclusive remedy for all of the foregoing shall be
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limited to actual damages incurred by Recipient based on
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reasonable reliance up to the greater of the amount
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actually paid by Recipient for the Product or U.S.$5.00.
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The foregoing limitations, exclusions and disclaimers
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shall apply to the maximum extent permitted by applicable
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law, even if any remedy fails its essential purpose.
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8. NOTE ON JAVA SUPPORT. THE SOFTWARE
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PRODUCT MAY CONTAIN SUPPORT FOR
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PROGRAMS WRITTEN IN JAVA. JAVA
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TECHNOLOGY IS NOT FAULT TOLERANT AND
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IS NOT DESIGNED, MANUFACTURED, OR
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INTENDED FOR USE OR RESALE AS ONLINE
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CONTROL EQUIPMENT IN HAZARDOUS
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ENVIRONMENTS REQUIRING FAIL-SAFE
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PERFORMANCE, SUCH AS IN THE OPERATION
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OF NUCLEAR FACILITIES, AIRCRAFT
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NAVIGATION OR COMMUNICATION SYSTEMS,
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AIR TRAFFIC CONTROL, DIRECT LIFE
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SUPPORT MACHINES, OR WEAPONS SYSTEMS,
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IN WHICH THE FAILURE OF JAVA
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TECHNOLOGY COULD LEAD DIRECTLY TO
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DEATH, PERSONAL INJURY, OR SEVERE
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PHYSICAL OR ENVIRONMENTAL DAMAGE.
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Sun Microsystems, Inc. has contractually obligated
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Microsoft to make this disclaimer.
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9. GOVERNING LAW; ATTORNEYS' FEES. This
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Agreement shall be construed and controlled by the laws
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of the State of Washington, and Recipient consents to the
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jurisdiction and venue in the federal courts sitting in
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King County, Washington, unless no federal subject matter
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jurisdiction exists, in which case Recipient consents to
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the jurisdiction and venue in the Superior Court of King
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County, Washington. Recipient waives all defenses of
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lack of personal jurisdiction and forum non conveniens.
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Process may be served on either party in the manner
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authorized by applicable law or court rule. If either
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Microsoft or Recipient employs attorneys to enforce any
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rights arising out of or relating to this Agreement, the
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prevailing party shall be entitled to recover reasonable
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attorneys' fees.
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10. U.S. GOVERNMENT RESTRICTED RIGHTS. The
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Product and Documentation provided to the U.S. Government
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pursuant to solicitations issued on or after December 1,
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1995 is provided with the commercial rights and
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restrictions described elsewhere herein. Product and
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Documentation provided to the U.S. Government pursuant to
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solicitations issued prior to December 1, 1995 is
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provided with RESTRICTED RIGHTS as provided for in FAR,
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48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013
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(OCT 1988), as applicable.
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11. EXPORT RESTRICTIONS. Recipient
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acknowledges that the Product is subject to U.S. export
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jurisdiction. Recipient agrees to comply with all
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applicable international and national laws that apply to
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these products, including the U.S. Export Administration
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Regulations, as well as end-user, end-use and country
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destination restrictions issued by U.S. and other
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governments. For additional information on exporting
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Microsoft products, see
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http://www.microsoft.com/exporting/.
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Should you have any questions concerning this Agreement, or if
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you desire to contact Microsoft for any reason, please write:
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Microsoft Corporation, WWPG Beta Team, One Microsoft Way,
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Redmond, WA 98052-6399.
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EULAID:WB2.3_DTC_STD_EN |