Posted April 15, 1998
END-USER LICENSE AGREEMENT FOR MICROSOFT SOFTWARE
IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Microsoft for the Microsoft software product accompanying this EULA, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By downloading, installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not download, install, copy, or use the SOFTWARE PRODUCT.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1.GRANT OF LICENSE. This EULA grants you the following rights:
- SOFTWARE PRODUCT. Microsoft grants you the right to install, modify and use the SOFTWARE PRODUCT. You may reproduce and distribute the SOFTWARE PRODUCT, along with any modifications thereof, provided that you agree to: (A) distribute the SOFTWARE PRODUCT only in conjunction with and as a part of a software application product or Web page developed by you that adds significant and primary functionality to the SOFTWARE PRODUCT ("Application"); (B) not use Microsoft's name, logo, or trademarks to market the Application; (C) include a valid copyright notice on the Application; (D) indemnify, hold harmless, and defend Microsoft from and against any claims or lawsuits, including attorney's fees, that arise or result from the use or distribution of the Application; (E) not permit further distribution of the SOFTWARE PRODUCT by your end user.
2.DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
- Rental. You may not sell, rent, or lease the SOFTWARE PRODUCT.
- Support Services. No technical support will be provided for the SOFTWARE PRODUCT.
- No Other Uses. You may not use the SOFTWARE PRODUCT in any way other than as expressly permitted under this EULA.
- Software Transfer. You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity), and the recipient agrees to the terms of this EULA.
- Termination. Without prejudice to any other rights, Microsoft may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
3.COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by Microsoft or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material. You may not copy the printed materials, if any, accompanying the SOFTWARE PRODUCT.
4. U.S. GOVERNMENT RESTRICTED RIGHTS. SOFTWARE PRODUCT and modifications thereto provided to the US Government pursuant to solicitations issued on or after December 1, 1995 are provided with the commercial license rights described elsewhere herein. SOFTWARE PRODUCT and modifications thereto provided to the US Government pursuant to solicitations issued prior to December 1, 1995 are provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or FAR, 48 CFR 252.227-7013 (OCT 1988), as applicable. If you provide SOFTWARE PRODUCT or modifications thereto to the Government, you shall be responsible for ensuring that the SOFTWARE PRODUCT and modifications are marked with the proper "Restrictive Rights" legend. Manufacturer is Microsoft Corporation/One Microsoft Way/Redmond, WA 98052-6399.
5.EXPORT RESTRICTIONS. You agree that neither you nor your customers intend to or will, directly or indirectly, export or transmit (i) the SOFTWARE PRODUCTor related documentation and technical data or (ii) your software product as described in Section 1(b) of this License (or any part thereof), or process, or service that is the direct product of the SOFTWARE PRODUCT, to any country to which such export or transmission is restricted by any applicable U.S. regulation or statute, without the prior written consent, if required, of the Bureau of Export Administration of the U.S. Department of Commerce, or such other governmental entity as may have jurisdiction over such export or transmission.
MISCELLANEOUS
This EULA is governed by the laws of the State of Washington.
Should you have any questions concerning this EULA, or if you desire to contact Microsoft for any reason, please contact the Microsoft subsidiary serving your country, or write: Microsoft Sales Information Center/One Microsoft Way/Redmond, WA 98052-6399.
NO WARRANTY. THE SOFTWARE PRODUCT IS PROVIDED "AS-IS," WITHOUT WARRANTY OF ANY KIND, AND ANY USE OF THE SOFTWARE PRODUCT IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT.
NO LIABILITY FOR CONSEQUENTIAL 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, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF MICROSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY.
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