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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. |