Microsoft Windows XP Professional

 

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 entity) and Microsoft

Corporation for the Microsoft software product identified above,

which includes computer software and may include associated

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

and Internet-based services ("Product").    An amendment or

addendum to this EULA may accompany the Product.  YOU AGREE TO BE

BOUND BY THE TERMS OF THIS EULA BY

INSTALLING, COPYING, OR OTHERWISE USING THE

PRODUCT. IF YOU DO NOT AGREE, DO NOT INSTALL

OR USE THE PRODUCT; YOU MAY RETURN IT TO YOUR

PLACE OF PURCHASE FOR A FULL REFUND.

 

 1. GRANT OF LICENSE. Microsoft grants you the following rights

    provided that you comply with all terms and conditions of

    this EULA:

 

    * Installation and use.  You may install, use, access,

      display and run one copy of the Product on a single

      computer, such as a workstation, terminal or other device

      ("Workstation Computer").  The Product may not be used

      by more than two (2) processors at  any one time on any

      single Workstation Computer. You may permit a maximum

      of ten (10) computers or other electronic devices (each

      a "Device") to connect to the Workstation Computer to

      utilize the services of the Product solely for File and

      Print services, Internet Information Services, and remote

      access (including connection sharing and telephony

      services).  The ten connection maximum includes any

      indirect connections made through "multiplexing" or other

      software or hardware which pools or aggregates

      connections.  Except as otherwise permitted by the

      NetMeeting, Remote Assistance, and Remote Desktop

      features described below, you may not use the Product

      to permit any Device to use, access, display or run other

      executable software residing on the Workstation Computer,

      nor may you permit any Device to use, access, display,

      or run the Product or Product's user interface, unless

      the Device has a separate license for the Product.  

 

    * Mandatory Activation. The license rights granted under this

      EULA are limited to the first thirty (30) days after

      you first install  the Product unless you supply

      information required to activate your licensed copy in

      the manner described during the setup sequence of the

      Product.  You can activate the Product through the use

      of the Internet or telephone; toll charges may apply.

      You may also need to reactivate the Product if you modify

      your computer hardware or alter the Product.  There are

      technological measures in this Product that are designed

      to prevent unlicensed or illegal use of the Product. 

      You agree that we may use those measures.

 

    * Storage/Network Use. You may also store or install a copy

      of the Product on a storage device, such as a network

      server, used only to install or run the Product on your

      other Workstation Computers over an internal network;

      however, you must acquire and dedicate an additional

      license for each separate Workstation Computer on or

      from which the Product is installed, used, accessed,

      displayed or run. A license for the Product may not be

      shared or used concurrently on different Workstation

      Computers.

 

    * Reservation of Rights. Microsoft reserves all rights not

      expressly granted to you in this EULA.

 

 2. UPGRADES. To use a Product identified as an upgrade, you must

    first be licensed for the product identified by Microsoft

    as eligible for the upgrade. After upgrading, you may no

    longer use the product that formed the basis for your

    upgrade eligibility.

 

 3. ADDITIONAL SOFTWARE/SERVICES.  This EULA

    applies to updates, supplements, add-on components,

    or Internet-based services components, of the Product that

    Microsoft may provide to you or make available to you after

    the date you obtain your initial copy of the Product,

    unless we provide other terms along with the update,

    supplement, add-on component, or Internet-based services

    component.  Microsoft reserves the right to discontinue any

    Internet-based services provided to you or made available

    to you through the use of the Product.  This EULA does not

    grant you any rights to use the Windows Media Format

    Software Development Kit ("WMFSDK") components contained

    in the Product 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. 

 

 4. TRANSFER-Internal.  You may move the Product to a different

    Workstation Computer.  After the transfer, you must

    completely remove the Product from the former Workstation

    Computer.  Transfer to Third Party. The initial user of the

    Product may make a one-time transfer of the Product to

    another end user.  The transfer has to include all

    component parts, media, printed materials, this EULA, and

    if applicable, the Certificate of Authenticity.  The

    transfer may not be an indirect transfer, such as a

    consignment.  Prior to the transfer, the end user receiving

    the transferred Product must agree to all the EULA terms.

    No Rental.  You may not rent, lease, lend or provide

    commercial hosting services to third parties with the

    Product.

 

 5. LIMITATION ON REVERSE ENGINEERING,

    DECOMPILATION, AND DISASSEMBLY. You may

    not reverse engineer, decompile, or disassemble the

    Product, except and only to the extent that it is expressly

    permitted by applicable law notwithstanding this

    limitation. 

 

 6. TERMINATION. Without prejudice to any other rights, Microsoft

    may cancel this EULA if you do not abide by the terms and

    conditions of this EULA, in which case you must destroy all

    copies of the Product and all of its component parts.

 

 7. DESCRIPTION OF OTHER RIGHTS AND

    LIMITATIONS. 

 

    * NetMeeting/Remote Assistance/Remote Desktop Features.  The

      Product contains NetMeeting, Remote Assistance, and

      Remote Desktop technologies that enable the Product or

      other applications installed on the Workstation Computer

      to be used remotely between two or more computers, even

      if the Product or application is installed on only one

      Workstation Computer.  You may use NetMeeting, Remote

      Assistance, and Remote Desktop 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, Remote

      Assistance, or Remote Desktop is permitted without an

      additional license.

 

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

      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 Product.

      Microsoft may use this information solely to improve

      our products or to provide customized services or

      technologies to you.  Microsoft 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

      Product, it is necessary to use certain computer system,

      hardware, and software information to implement the

      features.   By using these features, you explicitly

      authorize Microsoft or its designated agent to access

      and utilize the necessary information for Internet gaming

      and/or updating purposes.   Microsoft may use this

      information solely to improve our products or to provide

      customized services or technologies to you.  Microsoft

      may disclose this information to others, but not in a

      form that personally identifies you.    

 

    * Internet-Based Services Components.  The Product contains

      components that enable and facilitate the use of certain

      Internet-based services.  You acknowledge and agree that

      Microsoft may automatically check the version of the

      Product and/or its components that you are utilizing

      and may provide upgrades or fixes to the Product that

      will be automatically downloaded to your Workstation

      Computer. 

 

    * Security Updates.  Content providers are using the digital

      rights management technology ("Microsoft DRM") contained

      in this Product 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 Microsoft to provide security

      related updates to the Microsoft DRM components of the

      Product ("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, Microsoft may, in

      conjunction with such license, also download onto your

      computer such Security Updates that a Secure Content

      Owner has requested that Microsoft distribute.  Microsoft

      will not retrieve any personally identifiable

      information, or any other information, from your computer

      by downloading such Security Updates.

 

 8. NOT FOR RESALE SOFTWARE. Product

    identified as "Not for Resale" or "NFR," may not be resold,

    transferred or used for any purpose other than

    demonstration, test or evaluation.

 

 9. ACADEMIC EDITION SOFTWARE.  To use

    Product identified as "Academic Edition" or "AE," you must

    be a "Qualified Educational User."   For qualification-

    related questions, please contact the Microsoft Sales

    Information Center/One Microsoft Way/Redmond, WA 98052-6399

    or the Microsoft subsidiary serving your country.

 

10. EXPORT RESTRICTIONS.

    You acknowledge that the Product is of U.S. origin and

    subject to U.S. export jurisdiction.  You agree to comply

    with all applicable international and national laws that

    apply to the Product, 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/>.

 

11. LIMITED WARRANTY FOR PRODUCT ACQUIRED IN

    THE US AND CANADA. 

 

    Microsoft warrants that the Product will perform

    substantially in accordance with the accompanying

    materials for a period of ninety days from the date of

    receipt.

 

    If an implied warranty or condition is created by

    your state/jurisdiction and federal or state/provincial law

    prohibits disclaimer of it, you also have an implied

    warranty or condition, BUT ONLY AS

    TO DEFECTS DISCOVERED DURING THE PERIOD

    OF THIS LIMITED WARRANTY (NINETY DAYS).

    AS TO ANY DEFECTS DISCOVERED AFTER THE

    NINETY (90) DAY PERIOD, THERE IS NO

    WARRANTY OR CONDITION OF ANY KIND.

    Some states/jurisdictions do not allow limitations on how

    long an implied warranty or condition lasts, so the above

    limitation may not apply to you.

 

    Any supplements or updates to the Product, including without

    limitation, any (if any) service packs or hot fixes

    provided to you after the expiration of the ninety day

    Limited Warranty period are not covered by any warranty or

    condition, express, implied or statutory.

 

    LIMITATION ON REMEDIES; NO CONSEQUENTIAL

    OR OTHER DAMAGES. Your exclusive remedy for any breach

    of this Limited Warranty is as set forth below.  Except

    for any refund elected by Microsoft, YOU ARE NOT ENTITLED

    TO ANY DAMAGES, INCLUDING BUT NOT

    LIMITED TO CONSEQUENTIAL DAMAGES, if

    the Product does not meet Microsoft's Limited Warranty,

    and, to the maximum extent allowed by applicable law, even

    if any remedy fails of its essential purpose.  The terms

    of Section 13 below ("Exclusion of Incidental,

    Consequential and Certain Other Damages")  are also

    incorporated into this Limited Warranty. Some states/

    jurisdictions do not allow the exclusion or limitation

    of incidental or consequential damages, so the above

    limitation or exclusion may not apply to you.  This

    Limited Warranty gives you specific legal rights.  You

    may have others which vary from state/jurisdiction to

    state/jurisdiction. YOUR EXCLUSIVE REMEDY.  Microsoft's

    and its suppliers' entire liability and your exclusive

    remedy shall be, at Microsoft's option from time to time

    exercised subject to applicable law, (a) return of the

    price paid (if any) for the Product, or (b) repair or

    replacement of the Product, that does not meet this

    Limited Warranty and that is returned to Microsoft with

    a copy of your receipt. You will receive the remedy

    elected by Microsoft without charge, except that you are

    responsible for any expenses you may incur (e.g. cost of

    shipping the Product to Microsoft).  This Limited Warranty

    is void if failure of the Product has resulted from

    accident, abuse, misapplication, abnormal use or a virus.

    Any replacement Product will be warranted for the

    remainder of the original warranty period or thirty (30)

    days, whichever is longer. Outside the United States or

    Canada, neither these remedies nor any product support

    services offered by Microsoft are available without proof

    of purchase from an authorized international source.  To

    exercise your remedy, contact:  Microsoft, Attn. Microsoft

    Sales Information Center/One Microsoft Way/Redmond, WA

    98052-6399, or the Microsoft subsidiary serving

    your country.

 

    LIMITED WARRANTY FOR PRODUCT ACQUIRED

    OUTSIDE THE US or CANADA.

    FOR THE LIMITED WARRANTIES AND SPECIAL

    PROVISIONS PERTAINING TO YOUR PARTICULAR

    JURISDICTION, PLEASE REFER TO YOUR WARRANTY

    BOOKLET INCLUDED WITH THIS PACKAGE OR

    PROVIDED WITH THE SOFTWARE PRODUCT

    PRINTED MATERIALS.

 

12. DISCLAIMER OF  WARRANTIES. The Limited

    Warranty that appears above is the only express warranty

    made to you and is provided in lieu of any other express

    warranties (if any) created by any documentation,

    packaging, or other communications.  Except for the Limited

    Warranty and to the maximum extent permitted by applicable

    law, Microsoft and its suppliers provide the Product and

    support services (if any) AS IS AND WITH ALL FAULTS, and

    hereby disclaim all other warranties and conditions, either

    express, implied or statutory, including, but not limited

    to, any (if any) implied warranties, duties or conditions

    of merchantability, of fitness for a particular purpose,

    of reliability or availability, of accuracy or completeness

    of responses, of results, of workmanlike effort, of lack

    of viruses, and of lack of negligence, all with regard to

    the Product, and the provision of or failure to provide

    support or other services, information, software, and

    related content through the Product or otherwise arising

    out of the use of the Product.  ALSO, THERE IS NO WARRANTY

    OR CONDITION OF TITLE, QUIET ENJOYMENT,

    QUIET POSSESSION, CORRESPONDENCE TO

    DESCRIPTION OR NON-INFRINGEMENT WITH

    REGARD TO THE PRODUCT.

 

13. 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, PUNITIVE, INDIRECT, OR

    CONSEQUENTIAL DAMAGES WHATSOEVER

    (INCLUDING, BUT NOT LIMITED TO, DAMAGES

    FOR LOSS OF PROFITS OR CONFIDENTIAL OR

    OTHER INFORMATION, FOR BUSINESS

    INTERRUPTION, FOR PERSONAL INJURY, FOR

    LOSS OF PRIVACY, FOR FAILURE TO MEET

    ANY DUTY INCLUDING OF GOOD FAITH OR OF

    REASONABLE CARE, FOR NEGLIGENCE, AND

    FOR ANY OTHER PECUNIARY OR OTHER LOSS

    WHATSOEVER) ARISING OUT OF OR IN ANY

    WAY RELATED TO THE USE OF OR INABILITY

    TO USE THE PRODUCT, THE PROVISION OF

    OR FAILURE TO PROVIDE SUPPORT OR OTHER

    SERVICES, INFORMATON, SOFTWARE, AND

    RELATED CONTENT THROUGH THE PRODUCT OR

    OTHERWISE ARISING OUT OF THE USE OF THE

    PRODUCT, OR OTHERWISE UNDER OR IN

    CONNECTION WITH ANY PROVISION OF THIS

    EULA, EVEN IN THE EVENT OF THE FAULT,

    TORT (INCLUDING NEGLIGENCE), STRICT

    LIABILITY, BREACH OF CONTRACT OR BREACH

    OF WARRANTY OF MICROSOFT OR ANY

    SUPPLIER, AND EVEN IF MICROSOFT OR ANY

    SUPPLIER HAS BEEN ADVISED OF THE

    POSSIBILITY OF SUCH DAMAGES.

 

14. LINKS TO THIRD PARTY SITES.  You may link

    to third party sites through the use of the Product.  The

    third party sites are not under the control of Microsoft,

    and Microsoft is not responsible for the contents of any

    third party sites, any links contained in third party

    sites, or any changes or updates to third party sites.

    Microsoft is not responsible for webcasting or any other

    form of transmission received from any third party sites.

    Microsoft is providing these links to third party sites to

    you only as a convenience, and the inclusion of any link

    does not imply an endorsement by Microsoft of the third

    party site.           

 

15. 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 EULA and your

    exclusive remedy for all of the foregoing (except for any

    remedy of repair or replacement elected by Microsoft with

    respect to any breach of the Limited Warranty) shall be

    limited to the greater of the amount actually paid by you

    for the Product or U.S.$5.00.  The foregoing limitations,

    exclusions and disclaimers (including Sections 11, 12 and

    13 above) shall apply to the maximum extent permitted by

    applicable law, even if any remedy fails its

    essential purpose.

 

16. U.S. GOVERNMENT LICENSE RIGHTS. All

    Product provided to the U.S. Government pursuant to

    solicitations issued on or after December 1, 1995 is

    provided with the commercial license rights and

    restrictions described elsewhere herein.  All Product

    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 DFAR, 48 CFR 252.227-7013 (OCT 1988),

    as applicable.

 

17. APPLICABLE LAW.  If you acquired this Product in the United

    States, this EULA is governed by the laws of the State of

    Washington.  If you acquired this Product in Canada, unless

    expressly prohibited by local law, this EULA is governed

    by the laws in force in the Province of Ontario, Canada;

    and, in respect of any dispute which may arise hereunder,

    you consent to the jurisdiction of the federal and

    provincial courts sitting in Toronto, Ontario. If this

    Product was acquired outside the United States, then local

    law may apply.

 

18. ENTIRE AGREEMENT.  This EULA (including

    any addendum or amendment to this EULA which is included

    with the Product) are the entire agreement between you and

    Microsoft relating to the Product and the support services

    (if any) and they supersede all prior or contemporaneous

    oral or written communications,  proposals and

    representations with respect to the Product or any other

    subject matter covered by this EULA.  To the extent the

    terms of any Microsoft policies or programs for support

    services conflict with the terms of this EULA, the terms

    of this EULA shall control.

 

19. The Product is protected by copyright and other intellectual

    property laws and treaties. Microsoft or its suppliers own

    the title, copyright, and other intellectual property

    rights in the Product.  The Product is licensed, not sold.