Windows XP Home Edition EULA

Microsoft(r) Windows(r) XP Home Edition

END-USER LICENSE AGREEMENT

IMPORTANT-READ CAREFULLY: This End-User

License Agreement ("EULA") is a legal agreement between you

(either an individual or a single legal entity) and the

manufacturer ("Manufacturer") of the computer system or computer

system component ("HARDWARE") with which you acquired the

Microsoft software product(s) identified above ("SOFTWARE"). The

SOFTWARE includes Microsoft computer software, and may include

associated media, printed materials, "online," or electronic

documentation and Internet based services. Note, however, that

any software, documentation, or web services that are included in

the SOFTWARE, or accessible via the SOFTWARE, and are

accompanied by their own license agreements or terms of use

are governed by such agreements rather than this EULA. The

terms of a printed, paper EULA, which may accompany the

SOFTWARE, supersede the terms of any on-screen EULA. This

EULA is valid and grants the end -user rights ONLY if the

SOFTWARE is genuine and a genuine Certificate of

Authenticity for the SOFTWARE is included. For more

information on identifying whether your software is genuine,

please see http://www.microsoft.com/piracy/howtotell.

By installing, copying, downloading, accessing or otherwise using

the SOFTWARE, you agree to be bound by the terms of this EULA.

If you do not agree to the terms of this EULA, you may not use or

copy the SOFTWARE, and you should promptly contact Manufacturer

for instructions on return of the unused product(s) in accordance

with Manufacturer's return policies.

SOFTWARE PRODUCT LICENSE

The term "COMPUTER" as used herein shall mean the HARDWARE, if

the HARDWARE is a single computer system, or shall mean the

computer system with which the HARDWARE operates, if the

HARDWARE is a computer system component.

1. GRANT OF LICENSE. Manufacturer grants you the following

rights, provided you comply with all of the terms and

conditions of this EULA:

* Installation and Use. Except as otherwise expressly

provided in this EULA, you may install, use, access,

display and run only one (1) copy of the SOFTWARE on

the COMPUTER. The SOFTWARE may not

be used by more than one (1) processor at any one time

on the COMPUTER, unless a higher number is indicated

on the Certificate of Authenticity. You may permit a

maximum of five (5) ("Connection Maximum") computers

or other electronic devices (each a "Device") to connect

to the COMPUTER to utilize the services of the SOFTWARE

solely for File and Print services, Internet Information

services, and remote access (including connection sharing

and telephony services). The five (5) Connection Maximum

includes any indirect connections made through

"multiplexing" or other software or hardware which pools

or aggregates connections. Except as otherwise permitted

below, you may not use the Device to use, access, display

or run the SOFTWARE, the SOFTWARE's

User Interface or other executable software residing

on the COMPUTER.

* Software as a Component of the Computer - Transfer. THIS

LICENSE MAY NOT BE SHARED,

TRANSFERRED TO OR USED CONCURRENTLY

ON DIFFERENT COMPUTERS. The SOFTWARE

is licensed with the HARDWARE as a single integrated

product and may only be used with the HARDWARE. If the

SOFTWARE is not accompanied by new HARDWARE, you may

not use the SOFTWARE. You may permanently transfer all

of your rights under this EULA only as part of a

permanent sale or transfer of the HARDWARE, provided

you retain no copies, if you transfer all of the SOFTWARE

(including all component parts, the media and printed

materials, any upgrades, this EULA and the Certificate

of Authenticity), and the recipient agrees to the terms

of this EULA. If the SOFTWARE is an upgrade, any

transfer must also include all prior versions of the

SOFTWARE.

* Mandatory Activation. THIS SOFTWARE

CONTAINS TECHNOLOGICAL MEASURES THAT

ARE DESIGNED TO PREVENT UNLICENSED

OR ILLEGAL USE OF THE SOFTWARE.

The license rights granted under this EULA are limited

to the first thirty (30) days after you first run the

SOFTWARE unless you supply information required to

activate your licensed copy in the manner described

during the setup sequence (unless Manufacturer has

activated for you). You can activate the SOFTWARE

through the use of the Internet or telephone; toll

charges may apply. You may also need to reactivate the

SOFTWARE if you modify your HARDWARE or alter the

SOFTWARE.

* Security Updates. Content providers are using the digital

rights management technology ("Microsoft DRM") contained

in this SOFTWARE to protect the integrity of their

content ("Secure Content") so that their intellectual

property, including copyright, in such content is not

misappropriated. Owners of such Secure Content ("Secure

Content Owners") may, from time to time, request MS,

Microsoft Corporation or their subsidiaries to provide

security related updates to the Microsoft DRM components

of the SOFTWARE ("Security Updates") that may affect

your ability to copy, display and/or play Secure Content

through Microsoft software or third party applications

that utilize Microsoft DRM.

YOU THEREFORE AGREE THAT, IF YOU

ELECT TO DOWNLOAD A LICENSE FROM

THE INTERNET WHICH ENABLES YOUR USE

OF SECURE CONTENT, MS, MICROSOFT

CORPORATION OR THEIR SUBSIDIARIES

MAY, IN CONJUNCTION WITH SUCH

LICENSE, ALSO DOWNLOAD ONTO YOUR

COMPUTER SUCH SECURITY UPDATES THAT

A SECURE CONTENT OWNER HAS REQUESTED

THAT MS, MICROSOFT CORPORATION OR

THEIR SUBSIDIARIES DISTRIBUTE. MS,

Microsoft Corporation or their subsidiaries will not

retrieve any personally identifiable information, or

any other information, from your COMPUTER by downloading

such Security Updates.

* Back-up Copy. IF MANUFACTURER HAS NOT

INCLUDED A BACK-UP COPY OF THE

SOFTWARE WITH THE COMPUTER ON

PHYSICAL MEDIA (e.g. CD OR

PARTITIONED HARD DRIVE), YOU MAY

MAKE A SINGLE BACK-UP COPY OF THE

SOFTWARE. You may use the back-up copy solely for your

archival purposes and to reinstall the SOFTWARE on the

COMPUTER. Except as expressly provided in this EULA

or by local law, you may not otherwise make copies of

the SOFTWARE, including the printed materials

accompanying the SOFTWARE. You may not loan, rent,

lease, lend or otherwise transfer the CD or back-up copy

to another user.

* Reservation of Rights. Manufacturer, Microsoft Licensing,

Inc. ("MS") and its suppliers (including Microsoft

Corporation) reserve all rights not expressly granted

to you in this EULA.

2. DESCRIPTION OF OTHER RIGHTS AND

LIMITATIONS.

* NetMeeting/Remote Assistance Features. SOFTWARE may

contain NetMeeting and Remote Assistance technologies

that enable the SOFTWARE or other applications installed

on the COMPUTER to be used remotely between two or more

computers, even if the SOFTWARE or application is

installed on only one COMPUTER. You may use NetMeeting

and Remote Assistance with all Microsoft products;

provided however, use of these technologies with certain

Microsoft products may require an additional license.

For Microsoft and non-Microsoft products, you should

consult the license agreement accompanying the applicable

product or contact the applicable licensor to determine

whether use of NetMeeting or Remote Assistance is

permitted without an additional license.

* Consent to Use of Data. You agree that MS and Microsoft

Corporation and their affiliates may collect and use

technical information gathered in any manner as part

of the product support services provided to you, if any,

related to the SOFTWARE. MS, Microsoft Corporation and

their affiliates may use this information solely to

improve their products or to provide customized services

or technologies to you. MS, Microsoft Corporation and

their affiliates may disclose this information to others,

but not in a form that personally identifies you.

* Internet Gaming/Update Features. If you choose to utilize

the Internet gaming or update features within the

SOFTWARE, it is necessary to use certain COMPUTER system,

hardware, and software information to implement the

features. By using these features, you explicitly

authorize MS, Microsoft Corporation and/or their

designated agent to use this information solely to

improve our products or to provide customized services

or technologies to you. MS or Microsoft Corporation

may disclose this information to others, but not in a

form that personally identifies you.

* Internet-Based Services Components. The SOFTWARE contains

components that enable and facilitate the use of certain

Internet-based services. You acknowledge and agree that

MS, Microsoft Corporation or their subsidiaries may

automatically check the version of the SOFTWARE and/or

its components that you are utilizing and may provide

upgrades or supplements to the SOFTWARE that may be

automatically downloaded to your COMPUTER.

* Language Version Selection. Manufacturer may have elected

to provide you with a one-time selection of two or more

language versions of the SOFTWARE as part of the SOFTWARE

setup process. In such event, you are licensed to use

only one of the language versions provided. Once you

have used a language version, you are not licensed to

use any of the other language versions that Manufacturer

may have included with the COMPUTER.

* Operating System Selection. Manufacturer may have elected

to provide you with a selection of Microsoft operating

system software for the COMPUTER. If the SOFTWARE

PRODUCT includes more than one (1) Microsoft operating

system ("Microsoft OS"), you are licensed to use only

one of the Microsoft OS selections provided. As part

of the setup process for the SOFTWARE you will be given

a one-time option to select one (1) Microsoft OS. Upon

selection, the one Microsoft OS selected by you will

be set up on the COMPUTER, and the other Microsoft OS(s)

not selected by you will be automatically and permanently

deleted from the hard disk of the COMPUTER.

* Additional Software/Services. The terms of this EULA apply

to Microsoft updates, supplements, add-on components,

or Internet-based services components of the SOFTWARE

("Supplemental Components") that Manufacturer, MS,

Microsoft Corporation or their subsidiaries may provide

to you or make available to you after the date you obtain

your initial copy of the SOFTWARE, unless other terms

are provided along with such Supplemental Components.

If other terms are not provided along with such

Supplemental Components and the Supplemental Components

are provided to you by MS, Microsoft Corporation or a

Microsoft subsidiary then you will be licensed by such

entity under the same terms and conditions of this EULA,

except that the MS, Microsoft Corporation or Microsoft

subsidiary entity providing the Supplemental Components

will be the licensor with respect to such components

in lieu of the "Manufacturer" for the purposes of the

EULA, including, without limitation the Limited Warranty

Appendix. THE LIMITED WARRANTY (IF

ANY) INCLUDED WITH OR IN THIS EULA

APPLIES TO SUCH SUPPLEMENTAL

COMPONENTS (IF ANY) PROVIDED THAT

YOU LICENSED THE SUPPLEMENTAL

COMPONENTS WITHIN THE ORIGINAL TERM

OF THE LIMITED WARRANTY. HOWEVER,

PROVISION OF THE SUPPLEMENTAL

COMPONENTS DOES NOT EXTEND THE TIME

PERIOD FOR WHICH THE LIMITED WARRANTY

IS PROVIDED. ALL OTHER DISCLAIMERS,

EXCLUSIONS OF DAMAGES, AND

LIMITATIONS OF LIABILITY AND REMEDIES

SET FORTH IN THIS EULA SHALL APPLY

TO SUCH SUPPLEMENTAL COMPONENTS.

Manufacturer, MS, Microsoft Corporation and their

subsidiaries reserves the right to discontinue any

Microsoft Internet-based services provided to you or

made available to you through the use of the SOFTWARE.

This EULA does not grant you any rights to use the Windows

Media Format Software Development Kit ("WMFSDK")

components contained in the SOFTWARE to develop a

software application that uses Windows Media technology.

If you wish to use the WMFSDK to develop such an

application, visit

http://msdn.microsoft.com/workshop/imedia/windowsmedia/sdk/wmsdk.asp,

accept a separate license for the WMFSDK, download the

appropriate WMFSDK, and install it on your system.

* Limitations on Reverse Engineering, Decompilation and

Disassembly. You may not reverse engineer, decompile,

or disassemble the SOFTWARE, except and only to the

extent that such activity is expressly permitted by

applicable law notwithstanding this limitation.

* Separation of Components. The SOFTWARE is licensed as a

single product. Its component parts may not be separated

for use on more than one computer.

* Single EULA. The package for the SOFTWARE may contain

multiple versions of this EULA, such as multiple

translations and/or multiple media versions (e.g., in

the user documentation and in the software). In this

case, you are only licensed to use one (1) copy of the

SOFTWARE.

* Termination. Without prejudice to any other rights,

Manufacturer or MS may cancel this EULA if you do not

abide by the terms and conditions contained herein.

In such event, you must destroy all copies of the

SOFTWARE and all of its component parts.

* Trademarks. This EULA does not grant you any rights in

connection with any trademarks or service marks of

Manufacturer, MS or its suppliers (including Microsoft

Corporation).

3. UPGRADES. If the SOFTWARE is labeled as an upgrade, you must

be properly licensed to use a product identified by MS or

Microsoft Corporation as being eligible for the upgrade in

order to use the SOFTWARE ("Eligible Product"). For the

purpose of upgrade(s) only, "HARDWARE" shall mean the

computer system or computer system component with which you

received the Eligible Product. SOFTWARE labeled as an

upgrade replaces and/or supplements (and may disable, if

upgrading a Microsoft software product) the Eligible

Product which came with the HARDWARE. After upgrading, you

may no longer use the SOFTWARE that formed the basis for

your upgrade eligibility (unless otherwise provided). You

may use the resulting upgraded product only in accordance

with the terms of this EULA and only with the HARDWARE. If

the SOFTWARE is an upgrade of a component of a package of

software programs that you licensed as a single product,

the SOFTWARE may be used and transferred only as part of

that single product package and may not be separated for

use on more than one computer.

4. INTELLECTUAL PROPERTY RIGHTS. All title

and intellectual property rights in and to the SOFTWARE

(including but not limited to any images, photographs,

animations, video, audio, music, text and "applets,"

incorporated into the SOFTWARE), the accompanying printed

materials, and any copies of the SOFTWARE, are owned by

MS or its suppliers (including Microsoft Corporation). The

SOFTWARE is licensed, not sold. All title and intellectual

property rights in and to the content that is not contained

in the SOFTWARE, but which may be accessed through use of

the SOFTWARE is the property of the respective content

owner and may be protected by applicable copyright or other

intellectual property laws and treaties. Use of any on-

line services which may be accessed through the SOFTWARE

may be governed by the respective terms of use relating to

such services. If this SOFTWARE contains documentation

that is provided only in electronic form, you may print one

copy of such electronic documentation. You may not copy

the printed materials accompanying the SOFTWARE.

5. PRODUCT SUPPORT. SOFTWARE support for the

SOFTWARE is not provided by MS, Microsoft Corporation, or

their affiliates or subsidiaries. For product support,

please refer to Manufacturer's support number provided in

the documentation for the HARDWARE. Should you have any

questions concerning this EULA, or if you desire to contact

Manufacturer for any other reason, please refer to the

address provided in the documentation for the HARDWARE.

6. EXPORT RESTRICTIONS. You acknowledge

that the SOFTWARE is subject to U.S. export jurisdiction.

You agree to comply with all applicable international and

national laws that apply to the products, including the U.S.

Export Administration Regulations, as well as end-user,

end-use and destination restrictions issued by U.S. and

other governments. For additional information, see

http://www.microsoft.com/exporting/.

7. U.S. GOVERNMENT LICENSE RIGHTS. All

SOFTWARE PRODUCT provided to the U.S.

Government pursuant to solicitations issued on or after

December 1, 1995 is provided with the commercial rights and

restrictions described elsewhere herein. All SOFTWARE

provided to the U.S. Government pursuant to solicitations

issued prior to December 1, 1995 is 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.

8. ADDITIONAL PROVISIONS. FOR THE LIMITED

WARRANTIES, LIMITATION OF LIABILITY,

AND OTHER SPECIAL PROVISIONS, PLEASE

REFER TO THE ADDITIONAL PROVISIONS

PROVIDED BELOW AND/OR OTHERWISE WITH

THE SOFTWARE. SUCH LIMITED WARRANTIES,

LIMITATION OF LIABILITY AND SPECIAL

PROVISIONS ARE AN INTEGRAL PART OF THIS

EULA.

APPENDIX

WARRANTY AND SPECIAL PROVISIONS FOR

AUSTRALIA, NEW ZEALAND OR PAPUA NEW GUINEA

EXPRESS LIMITED WARRANTY

CONSUMER RIGHTS. Consumers may have the benefit of certain

rights or remedies pursuant to the Trade Practices Act and

similar state and territory laws in Australia or the Consumer

Guarantees Act in New Zealand, in respect of which certain

liability may not be excluded.

LIMITED EXPRESS WARRANTY. Manufacturer

warrants that: (a) the SOFTWARE will perform substantially in

accordance with the accompanying Product Manual(s) for a period

of 90 days from the date of receipt; and (b) any Microsoft

hardware accompanying SOFTWARE will be free from defects in

materials and workmanship under normal use and service for a

period of 1 year from the date of receipt.

CUSTOMER REMEDIES. To the maximum extent permitted under

applicable law, Manufacturer's and its supplier's entire

liability and your exclusive remedy under the express warranty

is, at Manufacturer's option, either (a) return of the

price paid; or (b) repair or replacement of the SOFTWARE or

Microsoft hardware which does not meet the warranty and which is

returned to Manufacturer with a copy of your receipt. The

warranty is void if failure of the SOFTWARE or Microsoft hardware

has resulted from accident, abuse or misapplication. Any

replacement SOFTWARE and/or Microsoft hardware will be warranted

for the remainder of the original warranty period or 30 days,

whichever is longer.

LIMITATION OF LIABILITY. To the maximum

extent permitted by applicable law, any conditions or warranties

imposed or implied by law are hereby excluded. Consumers may

nevertheless have the benefit of certain rights or remedies

pursuant to the Trade Practices Act and similar state and

territory laws in Australia or the Consumer Guarantees Act in New

Zealand, in respect of which liability may not be excluded.

Insofar as such liability may not be excluded, then to the

maximum extent permitted by law, such liability is limited, at

the exclusive option of Manufacturer, to either (a) replacement

of the SOFTWARE (and any accompanying hardware supplied); or (b)

correction of defects in the SOFTWARE; or (c) payment of the cost

of having defects in the SOFTWARE (and any accompanying hardware

supplied).

EXCLUSION OF LIABILITY/DAMAGES. The

following is without prejudice to any rights you may have at law

which cannot legally be excluded or restricted. You acknowledge

that no promise, representation, warranty or undertaking has been

made or given by Manufacturer and/or Microsoft Corporation (or

related company of either) to any person or company on its behalf

in relation to the profitability of or any other consequences or

benefits to be obtained from the delivery or use of the SOFTWARE

and any accompanying Microsoft hardware, software, manuals or

written materials. You have relied upon your own skill and

judgement in deciding to acquire the SOFTWARE and any

accompanying hardware, manuals and written materials for use by

you. Except as and to the extent provided in this agreement,

neither Manufacturer and/or Microsoft Corporation (or related

company of either) will in any circumstances be liable for any

other damages whatsoever (including, without limitation, damages

for loss of business, business interruption, loss of business

information or other indirect or consequential loss) arising out

of the use or inability to use or supply or non-supply of the

SOFTWARE and any accompanying hardware and written materials.

Manufacturer's and/or Microsoft Corporation (or related company

of either) total liability under any provision of this agreement

is in any case limited to the amount actually paid by you for the

SOFTWARE and/or Microsoft hardware.

This agreement is governed by the laws of New South Wales,

Australia or, where supplies are made in New Zealand, by the laws

of New Zealand.

APPENDIX

WARRANTY AND SPECIAL PROVISIONS FOR

ENGLAND, SCOTLAND, WALES AND IRELAND

LIMITED WARRANTY

LIMITED WARRANTY. Manufacturer warrants that (a) the

SOFTWARE will perform substantially in accordance

with the accompanying written materials for a period of

ninety (90) days from the date of receipt, and (b) any

Microsoft hardware accompanying the SOFTWARE will be free

from defects in materials and workmanship under normal use

and service for a period of one (1) year from the date of

receipt. Any implied warranties on the SOFTWARE and

Microsoft hardware are limited to ninety (90) days and

one (1) year, respectively. Some states/jurisdictions do

not allow limitations on duration of an implied warranty,

so the above limitation may not apply to you.

CUSTOMER REMEDIES. Manufacturer's and its suppliers' entire

liability and your exclusive remedy shall be, at Manufacturer's

option, either (a) return of the price paid, or (b) repair or

replacement of the SOFTWARE or hardware that does not meet this

Limited Warranty and which is returned to Manufacturer with a

copy of your receipt. This Limited Warranty is void if failure

of the SOFTWARE or hardware has resulted from accident, abuse, or

misapplication. Any replacement SOFTWARE or hardware will be

warranted for the remainder of the original warranty period or

thirty (30) days, whichever is longer.

NO OTHER WARRANTIES. To the maximum extent permitted by

applicable law, Manufacturer and its suppliers disclaim all other

representations, warranties, conditions or other terms, either

express or implied, including, but not limited to implied

warranties amd/or conditions of merchantability and fitness for a

particular purpose, with regard to the SOFTWARE, the accompanying

written materials, and any accompanying hardware. This limited

warranty gives you specific legal rights. You may have others

which vary from state/jurisdiction to state/jurisdiction.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To

the maximum extent permitted by applicable law, in no event shall

Manufacturer or its suppliers be liable for any damages

whatsoever (including without limitation, direct or indirect

damages for personal injury, 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

this product, even if Manufacturer has been advised of the

possibility of such damages. In any case, Manufacturer's and its

suppliers' entire liability under any provision of this agreement

shall be limited to the amount actually paid by you for the

SOFTWARE and/or Microsoft hardware. Because some states/

jurisdictions do not allow the exclusion or limitation of

liability for consequential or incidental damages, the above

limitation may not apply to you.

SPECIAL PROVISIONS

Reverse Engineering: If you acquired the SOFTWARE in the

European Community, you may not reverse engineer, decompile, or

dissassemble the SOFTWARE except to the extent and for the

express purposes authorized by applicable law.

This Software License Agreement is governed by the laws

of England.

APPENDIX

WARRANTY AND SPECIAL PROVISIONS FOR

CANADA

LIMITED WARRANTY

LIMITED WARRANTY. Manufacturer warrants that (a) the

SOFTWARE will perform substantially in accordance

with the accompanying written materials for a period of

ninety (90) days from the date of receipt, and (b) any

Microsoft hardware accompanying the SOFTWARE will be free

from defects in materials and workmanship under normal use

and service for a period of one (1) year from the date of

receipt. Any implied warranties or conditions on the

SOFTWARE and Microsoft hardware are limited to

ninety (90) days and one (1) year, respectively. Some

states/jurisdictions do not allow limitations on duration

of an implied warranty, so the above limitation may not

apply to you.