133 lines
5.5 KiB
Plaintext
133 lines
5.5 KiB
Plaintext
SUPPLEMENTAL END USER LICENSE AGREEMENT FOR
|
|
MICROSOFT SOFTWARE
|
|
|
|
IMPORTANT: READ CAREFULLY - These Microsoft
|
|
Corporation ("Microsoft") operating system components, including
|
|
any "online" or electronic documentation ("OS Components") are
|
|
subject to the terms and conditions of the agreement under which
|
|
you have licensed the applicable Microsoft operating system
|
|
product ("OS Product") described below (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 COMPONENTS, YOU AGREE
|
|
TO BE BOUND BY THE TERMS AND CONDITIONS OF
|
|
THE APPLICABLE OS PRODUCT EULA AND THIS
|
|
SUPPLEMENTAL EULA. IF YOU DO NOT AGREE TO
|
|
THESE TERMS AND CONDITIONS, DO NOT INSTALL,
|
|
COPY OR USE THE OS COMPONENTS.
|
|
|
|
NOTE: IF YOU DO NOT HAVE A VALID EULA FOR
|
|
ANY "OS PRODUCT" (MICROSOFT WINDOWS XP
|
|
PROFESSIONAL AND/OR WINDOWS XP HOME EDITION),
|
|
YOU ARE NOT AUTHORIZED TO INSTALL, COPY OR
|
|
OTHERWISE USE THE OS COMPONENTS 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 applicable OS Product EULA.
|
|
|
|
General. The OS Components are provided to you by Microsoft to
|
|
update, supplement, or replace existing functionality of the
|
|
applicable OS ProductMicrosoft grants you a license to use the OS
|
|
Components under the terms and conditions of the OS Product EULA
|
|
for the applicable OS Product (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. To the extent that any terms in this
|
|
Supplemental EULA conflict with terms in the applicable OS
|
|
Product EULA, the terms of this Supplemental EULA control solely
|
|
with respect to the OS Components.
|
|
|
|
Additional Rights and Limitations.
|
|
|
|
If you have multiple validly licensed copies of the applicable OS
|
|
Product(s), you may reproduce, install and use one copy of the OS
|
|
Components as part of such applicable OS Product(s) on all of
|
|
your computers running validly licensed copies of
|
|
the OS Product(s) provided that you use such additional copies of
|
|
the OS Components in accordance with the terms and conditions
|
|
above. Microsoft retains all right, title and interest in and to
|
|
the OS Components. All rights not expressly granted are reserved
|
|
by Microsoft.
|
|
|
|
IF THE APPLICABLE OS PRODUCT WAS LICENSED TO
|
|
YOU BY MICROSOFT OR ANY OF ITS WHOLLY OWNED
|
|
SUBSIDIARIES, THE LIMITED WARRANTY (IF ANY)
|
|
INCLUDED IN THE APPLICABLE OS PRODUCT EULA
|
|
APPLIES TO THE OS COMPONENTS PROVIDED THE OS
|
|
COMPONENTS HAVE BEEN LICENSED BY YOU WITHIN
|
|
THE TERM OF THE LIMITED WARRANTY IN THE
|
|
APPLICABLE OS PRODUCT EULA. HOWEVER, THIS
|
|
SUPPLEMENTAL EULA DOES NOT EXTEND THE TIME
|
|
PERIOD FOR WHICH THE LIMITED WARRANTY
|
|
IS PROVIDED.
|
|
|
|
IF THE APPLICABLE OS 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 COMPONENTS AS FOLLOWS:
|
|
|
|
DISCLAIMER OF WARRANTIES. TO THE MAXIMUM
|
|
EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT
|
|
AND ITS SUPPLIERS PROVIDE TO YOU THE OS
|
|
COMPONENTS, AND ANY (IF ANY) SUPPORT SERVICES
|
|
RELATED TO THE OS COMPONENTS ("SUPPORT
|
|
SERVICES") AS IS AND WITH ALL FAULTS; AND
|
|
MICROSOFT AND ITS SUPPLIERS HEREBY DISCLAIM
|
|
WITH RESPECT TO THE OS COMPONENTS 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 COMPONENTS 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 COMPONENTS 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 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 COMPONENTS 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.
|
|
|
|
|