416 lines
20 KiB
Plaintext
416 lines
20 KiB
Plaintext
180 Day License
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Microsoft Windows XP Professional
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Microsoft Windows XP Home Edition
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END-USER LICENSE AGREEMENT
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FOR PRERELEASE CODE
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IMPORTANT-READ CAREFULLY: This End-User
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License Agreement ("EULA") is a legal agreement between you
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(either an individual or a single entity) and Microsoft
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Corporation for the Microsoft software product identified
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above, which includes computer software and may include
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associated media, printed materials, "online" or electronic
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documentation, and Internet-based services ("Product"). An
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amendment or addendum to this EULA may accompany the Product.
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YOU AGREE TO BE BOUND BY THE TERMS OF THIS
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EULA BY INSTALLING, COPYING, OR OTHERWISE
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USING THE PRODUCT. IF YOU DO NOT AGREE, DO
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NOT INSTALL OR USE THE PRODUCT.
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1. GRANT OF LICENSE. Microsoft grants you the following rights
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provided that you comply with all terms and conditions of
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this EULA:
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* Installation and use. Microsoft may provide the Product
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accompanying this EULA as a web-based download or on a CD-ROM.
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Microsoft grants to you a limited, non-exclusive,
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nontransferable, royalty-free license to install and use one
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(1) copy of the executable code of the Product on a single
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computer residing on your premises ("Workstation Computer"),
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solely to test the product internally, test the compatibility
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of your application or other product(s) which operate in
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conjunction with the Product, and to evaluate the Product for
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the purpose of providing feedback thereon to Microsoft. The
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foregoing limit is aggregate and applies regardless of how
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many copies of the Product you obtain from Microsoft. If you
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are downloading the product from a Microsoft web site, you may
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make one (1) additional copy of the Product onto a CD-ROM to
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exercise the rights granted above. All other rights are
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reserved to Microsoft. You shall not rent, lease, sell,
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sublicense, assign, or otherwise transfer any portion of the
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Product. You may not use the Product in a live operating
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environment where it may be relied upon to perform in the same
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manner as a commercially released product or with data that
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has not been sufficiently backed up. You may not use the
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Product for benchmark or performance testing. Microsoft and
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its suppliers shall retain title and all ownership rights to
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the Product, and this EULA shall not be construed in any
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manner as transferring any rights of ownership or license to
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the Product or to the features or information therein, except
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as specifically stated herein.
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* You agree to provide to Microsoft reasonable suggestions,
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comments and feedback regarding the Product, including but not
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limited to usability, bug reports and test results, with
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respect to Product testing (collectively, "Feedback"). You
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grant Microsoft, under all of your intellectual property and
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proprietary rights, the following worldwide, non-exclusive,
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perpetual, irrevocable, royalty free, fully paid up rights:
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(1) to make, use, copy, modify, and create derivative works
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of, the Feedback as part of any Microsoft product, technology,
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service, specification or other documentation (collectively,
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"Microsoft Offerings"), (2) to publicly perform or display,
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import, broadcast, transmit, distribute, license, offer to
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sell, and sell, rent, lease or lend copies of the Feedback
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(and derivative works thereof) as part of any Microsoft
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Offering, (3) solely with respect to your copyright and trade
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secret rights, to sublicense to third parties the foregoing
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rights, including the right to sublicense to further third
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parties, and (4) to sublicense to third parties any claims of
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any patents owned or licensable by you that are necessarily
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infringed by a third party product, technology or service that
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uses, interfaces, interoperates or communicates with the
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Feedback or portion thereof incorporated into a Microsoft
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product, technology or service. Further, you warrant that your
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Feedback is not subject to license terms that will require, or
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claim to require, that any Microsoft Offering that
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incorporates any Feedback (or any intellectual property
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therein) be licensed to any third party on specified terms.
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Due to the nature of the development work, Microsoft provides
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no assurance that any specific errors or discrepancies in the
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Product will be corrected.
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* In the event Microsoft, in its sole discretion, elects to
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provide deliveries of Product to more than one individual
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employed by you (if you are not a single individual), each
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such recipient shall be entitled to exercise the rights
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granted in this EULA, and shall be bound by the terms and
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conditions herein.
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* Mandatory Activation. The license rights granted under this
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EULA are limited to the first fourteen (14) days after you
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first install the Product unless you supply information
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required to activate your licensed copy in the manner
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described during the setup sequence of the Product. You can
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activate the Product through the use of the Internet
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or telephone; toll charges may apply. You may also need to
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reactivate the Product if you modify your computer hardware or
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alter the Product. There are technological measures in this
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Product that are designed to prevent unlicensed or illegal use
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of the Product. You agree that we may use those measures.
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* YOUR RIGHT TO USE THE PRODUCT SHALL BE
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EFFECTIVE FROM THE DATE YOU FIRST INSTALL THE
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PRODUCT ON ANY DEVICE FOR A PERIOD OF ONE
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HUNDRED EIGHTY (180) DAYS. THE PRODUCT IS
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TIME SENSITIVE AND WILL NOT FUNCTION UPON
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EXPIRATION OF THE 180 DAY PERIOD. NOTICE OF
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EXPIRATION WILL NOT ACTIVELY BE GIVEN, SO YOU
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NEED TO PLAN FOR THE EXPIRATION DATE AND MAKE
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A COPY OF AND REMOVE YOUR IMPORTANT DATA
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BEFORE EXPIRATION. If you desire to use the Product after
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this EULA has expired, you will need to acquire a validly
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licensed copy of the commercial release version of
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the Product.
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* Storage/Network Use. You may also store or install a copy of
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the Product on a storage device, such as a network server,
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used only to install or run the Product on your other
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Workstation Computers over an internal network; however, you
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must acquire and dedicate an additional license for each
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separate Workstation Computer on or from which the Product is
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installed, used, accessed, displayed or run. A license for the
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Product may not be shared or used concurrently on different
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Workstation Computers.
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* Reservation of Rights. Microsoft reserves all rights not
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expressly granted to you in this EULA.
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2. SUPPORT. Microsoft is not obligated to provide technical
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or 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 you by Microsoft, may be available.
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Use of any such Support Services is governed by the
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Microsoft policies and programs described in "online"
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documentation, and/or in other Microsoft-provided
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materials. Any supplemental software code provided to you
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as part of the Support Services shall be considered part
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of the Product and subject to the terms and conditions of
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this EULA.
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3. MAINTENANCE. Microsoft is not obligated to provide
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maintenance, technical support, or updates to you for
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Product licensed under this EULA. In no event shall
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Microsoft be obligated to provide you, free of charge, a
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copy of the commercial release version of the Product in
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connection with your participation in the testing program.
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Microsoft is not obligated to make the Product
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commercially available.
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4. ADDITIONAL SOFTWARE/SERVICES. This EULA
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applies to updates, supplements, add-on components,
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or Internet-based services components, of the Product that
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Microsoft may provide to you or make available to you
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after the date you obtain your initial copy of the
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Product, unless we provide other terms along with the
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update, supplement, add-on component, or Internet-based
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services component. Microsoft reserves the right to
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discontinue any Internet-based services provided to you or
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made available to you through the use of the Product.
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This EULA does not grant you any rights to use the Windows
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Media Format Software Development Kit ("WMFSDK")
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components contained in the Product to develop a software
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application that uses Windows Media technology. If you
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wish to use the WMFSDK to develop such an application,
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visit http://msdn.microsoft.com/workshop/imedia
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/windowsmedia/sdk/wmsdk.asp, accept a separate license for
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the WMFSDK, download the appropriate WMFSDK, and install it
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on your system.
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5. LIMITATION ON REVERSE ENGINEERING,
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DECOMPILATION, AND DISASSEMBLY. You may
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not reverse engineer, decompile, or disassemble the
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Product, except and only to the extent that it is
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expressly permitted by applicable law notwithstanding this
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limitation.
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6. TERMINATION. Without prejudice to any other rights,
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Microsoft may cancel this EULA if you do not abide by the
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terms and conditions of this EULA, in which case you must
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destroy all copies of the Product and all of its component
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parts.
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7. DESCRIPTION OF OTHER RIGHTS AND
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LIMITATIONS.
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* NetMeeting/Remote Assistance/Remote Desktop Features. The
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Product contains NetMeeting, Remote Assistance, and Remote
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Desktop technologies that enable the Product or other
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applications installed on the Workstation Computer to be used
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remotely between two or more computers, even if the Product or
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application is installed on only one Workstation Computer.
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You may use NetMeeting, Remote Assistance, and Remote Desktop
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with all Microsoft products; provided however, use of these
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technologies with certain Microsoft products may require an
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additional license. For Microsoft and non-Microsoft products,
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you should consult the license agreement accompanying the
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applicable product or contact the applicable licensor to
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determine whether use of NetMeeting, Remote Assistance, or
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Remote Desktop is permitted without an additional license.
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* Consent to Use of Data. You agree that Microsoft and its
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affiliates may collect and use technical information gathered
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in any manner as part of the product support services provided
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to you, if any, related to the Product. Microsoft may use
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this information solely to improve our products or to provide
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customized services or technologies to you. Microsoft may
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disclose this information to others, but not in a form that
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personally identifies you.
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* Internet Gaming/Update Features. If you choose to utilize
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the Internet gaming or update features within the Product, it
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is necessary to use certain computer system, hardware, and
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software information to implement the features. By using
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these features, you explicitly authorize Microsoft or its
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designated agent to access and utilize the necessary
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information for Internet gaming and/or updating purposes.
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Microsoft may use this information solely to improve our
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products or to provide customized services or technologies to
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you. Microsoft may disclose this information to others, but
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not in a form that personally identifies you.
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* Internet-Based Services Components. The Product contains
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components that enable and facilitate the use of
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certain Internet-based services. You acknowledge and agree
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that Microsoft may automatically check the version of the
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Product and/or its components that you are utilizing and may
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provide upgrades or fixes to the Product that will be
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automatically downloaded to your Workstation Computer.
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* Security Updates. Content providers are using the digital
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rights management technology ("Microsoft DRM") contained in
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this Product to protect the integrity of their content (
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"Secure Content") so that their intellectual property,
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including copyright, in such content is not misappropriated.
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Owners of such Secure Content ("Secure Content Owners") may,
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from time to time, request Microsoft to provide security
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related updates to the Microsoft DRM components of the Product
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("Security Updates") that may affect your ability to copy,
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display and/or play Secure Content through Microsoft software
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or third party applications that utilize Microsoft DRM. You
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therefore agree that, if you elect to download a license from
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the Internet which enables your use of Secure Content,
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Microsoft may, in conjunction with such license, also download
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onto your computer such Security Updates that a Secure Content
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Owner has requested that Microsoft distribute. Microsoft will
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not retrieve any personally identifiable information, or any
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other information, from your computer by downloading such
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Security Updates.
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8. EXPORT RESTRICTIONS. You acknowledge that
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the Product is of U.S. origin and subject to U.S. export
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jurisdiction. You agree to comply with all applicable
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international and national laws that apply to the Product,
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including the U.S. Export Administration Regulations, as
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well as end-user, end-use, and destination restrictions
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issued by U.S. and other governments. For additional
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information see http://www.microsoft.com/exporting/.
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9. DISCLAIMER OF WARRANTIES. THE PRODUCT IS
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DEEMED ACCEPTED BY YOU. THE PRODUCT
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CONTAINS PRE-RELEASE SOFTWARE AND MAY BE
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CHANGED SUBSTANTIALLY BEFORE COMMERCIAL
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RELEASE. TO THE MAXIMUM EXTENT PERMITTED
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BY APPLICABLE LAW, MICROSOFT AND ITS
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SUPPLIERS PROVIDE THE PRODUCT AND ANY (IF
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ANY) SUPPORT SERVICES RELATED TO THE
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PRODUCT AS IS AND WITH ALL FAULTS, AND
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HEREBY DISCLAIM WITH RESPECT TO THE
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PRODUCT AND SUPPORT SERVICES ALL
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WARRANTIES AND CONDITIONS, WHETHER
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EXPRESS, IMPLIED OR STATUTORY, INCLUDING,
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BUT NOT LIMITED TO, ANY (IF ANY)
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WARRANTIES, DUTIES OR CONDITIONS OF OR
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RELATED TO: MERCHANTABILITY, FITNESS FOR
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A PARTICULAR PURPOSE, LACK OF VIRUSES,
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ACCURACY OR COMPLETENESS OF RESPONSES,
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RESULTS, WORKMANLIKE EFFORT AND LACK OF
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NEGLIGENCE. ALSO, THERE IS NO WARRANTY,
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DUTY OR CONDITION OF TITLE, QUIET
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ENJOYMENT, QUIET POSSESSION,
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CORRESPONDENCE TO DESCRIPTION OR NON
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-INFRINGEMENT. THE ENTIRE RISK AS TO THE
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QUALITY, OR ARISING OUT OF THE USE OR
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PERFORMANCE OF THE PRODUCT AND ANY
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SUPPORT SERVICES, REMAINS WITH YOU.
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10. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL
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AND CERTAIN OTHER DAMAGES. TO THE
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MAXIMUM EXTENT PERMITTED BY APPLICABLE
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LAW, IN NO EVENT SHALL MICROSOFT OR ITS
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SUPPLIERS BE LIABLE FOR ANY DIRECT,
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SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE,
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CONSEQUENTIAL OR OTHER DAMAGES
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WHATSOEVER (INCLUDING, BUT NOT LIMITED
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TO, DAMAGES FOR: LOSS OF PROFITS, LOSS
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OF CONFIDENTIAL OR OTHER INFORMATION,
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BUSINESS INTERRUPTION, PERSONAL INJURY,
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LOSS OF PRIVACY, FAILURE TO MEET ANY
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DUTY (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 WAY
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RELATED TO THE USE OF OR INABILITY TO
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USE THE PRODUCT OR SUPPORT SERVICES, THE
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PROVISION OF OR FAILURE TO PROVIDE
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SUPPORT SERVICES, OR OTHERWISE UNDER OR
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IN CONNECTION WITH ANY PROVISION OF THIS
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EULA, EVEN IN THE EVENT OF THE FAULT,
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TORT (INCLUDING NEGLIGENCE), STRICT
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LIABILITY, BREACH OF CONTRACT OR BREACH
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OF WARRANTY OF MICROSOFT OR ANY
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SUPPLIER, AND EVEN IF MICROSOFT OR ANY
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SUPPLIER HAS BEEN ADVISED OF THE
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POSSIBILITY OF SUCH DAMAGES. BECAUSE
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SOME STATES/JURISDICTIONS DO NOT ALLOW
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THE EXCLUSION OR LIMITATION OF LIABILITY
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FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
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THE ABOVE LIMITATION MAY NOT APPLY
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TO YOU.
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11. LINKS TO THIRD PARTY SITES. You may link
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to third party sites through the use of the Product. The
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third party sites are not under the control of Microsoft,
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and Microsoft is not responsible for the contents of any
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third party sites, any links contained in third party
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sites, or any changes or updates to third party sites.
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Microsoft is not responsible for webcasting or any other
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form of transmission received from any third party sites.
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Microsoft is providing these links to third party sites
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to you only as a convenience, and the inclusion of any
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link does not imply an endorsement by Microsoft of the
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third party site.
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12. LIMITATION OF LIABILITY AND REMEDIES.
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NOTWITHSTANDING ANY DAMAGES THAT YOU
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MIGHT INCUR FOR ANY REASON WHATSOEVER
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(INCLUDING, WITHOUT LIMITATION, ALL
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DAMAGES REFERENCED ABOVE AND ALL DIRECT
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OR GENERAL DAMAGES), THE ENTIRE
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LIABILITY OF MICROSOFT AND ANY OF ITS
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SUPPLIERS UNDER ANY PROVISION OF THIS
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EULA AND YOUR EXCLUSIVE REMEDY FOR ALL
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OF THE FOREGOING SHALL BE LIMITED TO
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ACTUAL DAMAGES INCURRED BY YOU BASED ON
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REASONABLE RELIANCE UP TO THE GREATER OF
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THE AMOUNT ACTUALLY PAID BY YOU FOR THE
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PRODUCT OR FIVE DOLLARS (US$5.00). THE
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FOREGOING LIMITATIONS, EXCLUSIONS AND
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DISCLAIMERS (INCLUDING SECTIONS 9 AND 10
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ABOVE) SHALL APPLY TO THE MAXIMUM EXTENT
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PERMITTED BY APPLICABLE LAW, EVEN IF ANY
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REMEDY FAILS ITS ESSENTIAL PURPOSE.
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13. GOVERNING LAW/JURISDICTION/ATTORNEYS'
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FEES. This EULA shall be construed and controlled by the
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laws of the State of Washington, and you consent to
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exclusive jurisdiction and venue in the federal courts
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sitting in King County, Washington, unless no federal
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jurisdiction exists, in which case you consent to
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exclusive jurisdiction and venue in the Superior Court of
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King County, Washington. You waive all defenses of lack
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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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party employs attorneys to enforce any rights arising out
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of or relating to this EULA, the prevailing party shall
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be entitled to recover its reasonable attorneys' fees,
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costs and other expenses.
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14. U.S. GOVERNMENT LICENSE RIGHTS. All
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Product provided to the U.S. Government pursuant to
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solicitations issued on or after December 1, 1995 is
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provided with the commercial license rights and
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restrictions described elsewhere herein. All Product
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provided to the U.S. Government pursuant to solicitations
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issued prior to December 1, 1995 is provided with
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"Restricted Rights" as provided for in FAR, 48 CFR
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52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT
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1988), as applicable.
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15. APPLICABLE LAW. If you acquired this Product in the
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United States, this EULA is governed by the laws of the
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State of Washington. If you acquired this Product in
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Canada, unless expressly prohibited by local law, this
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EULA is governed by the laws in force in the Province
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of Ontario, Canada; and, in respect of any dispute which
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may arise hereunder, you consent to the jurisdiction of
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the federal and provincial courts sitting in Toronto,
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Ontario. If this Product was acquired outside the United
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States, then local law may apply.
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16. ENTIRE AGREEMENT. This EULA (including
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any addendum or amendment to this EULA which is included
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with the Product) are the entire agreement between you
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and Microsoft relating to the Product and the support
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services (if any) and they supersede all prior or
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contemporaneous oral or written communications,
|
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proposals and representations with respect to the
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Product or any other subject matter covered by this
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EULA. To the extent the terms of any Microsoft policies
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or programs for support services conflict with the terms
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of this EULA, the terms of this EULA shall control.
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17. The Product is protected by copyright and other
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intellectual property laws and treaties. Microsoft or
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its suppliers own the title, copyright, and other
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intellectual property rights in the Product. The
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Product is licensed, not sold.
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Should you have any questions concerning this EULA, or if you
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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:XPSP1_B1.0_HOMPRO_STD_EN |