END-USER LICENSE AGREEMENT FOR MICROSOFT« SOFTWARE (NON-OPERATING SYSTEM)
NOTE: This product may not set up on your computer unless or until you accept the terms of the applicable End-User License Agreement (ôEULAö). The terms of a printed, paper EULA, which may accompany the product, supersede the terms of any on-screen EULA found within the product. For your future reference, you may print the text of the EULA, or refer to a copy of the EULA that can be found either online in or with this product. If you are accessing an online version of the EULA and would like to print the EULA before proceeding, please exit set-up by pressing the ôdisagreeö button and then print the EULA from the online file. You may resume set-up at any time.
IMPORTANTùREAD CAREFULLY: This EULA is a legal agreement between you (either an individual person or a single legal entity, who will be referred to in this EULA as ôYouö or, in the possessive, ôYourö) and the manufacturer (ôManufacturerö) of the computer system or computer system component (ôHARDWAREö) with or on which You acquired the Microsoft software product(s) identified above or on the Product Identification Card accompanying this EULA or on the Product Identification Label attached to the product package (ôSOFTWARE PRODUCTö). If the SOFTWARE PRODUCT is not accompanied by a new computer system or computer system component, You may not use or copy the SOFTWARE PRODUCT. The SOFTWARE PRODUCT includes Microsoft computer software, any associated media, printed materials, and any electronic documentation. Note, however, that any software, documentation, or web services that are included in or with the SOFTWARE PRODUCT, or accessible via the SOFTWARE PRODUCT, and are accompanied by their own license agreements or terms of use are governed by such agreements and terms of use rather than this EULA. This EULA is valid and grants the end-user license rights ONLY if the SOFTWARE PRODUCT is genuine and a genuine Certificate of Authenticity for the SOFTWARE PRODUCT is included as part of the SOFTWARE PRODUCT. By installing, copying, downloading, accessing 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, Manufacturer and Microsoft Licensing, Inc. (ôMSö) are unwilling to license the SOFTWARE PRODUCT. In such event, You may not use or copy the SOFTWARE PRODUCT, and You should promptly contact Manufacturer for instructions on return of the product(s) for a refund in accordance with Manufacturer's return policies.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold. The term ôCOMPUTERö 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. This section of the EULA describes Your general license rights to install and use the SOFTWARE PRODUCT. The license rights described in this section are subject to all other terms and conditions of this EULA.
òGeneral License Grant to Install and Use. Except as otherwise expressly provided in this EULA, You may only install and use one copy of the SOFTWARE PRODUCT on the COMPUTER. The SOFTWARE PRODUCT may not be installed, accessed, displayed, run, shared or used concurrently on or from different computers, including a workstation, terminal or other digital or analog electronic device (collectively, ôDeviceö), except as set forth below for SharePointÖ Team Services.
òAdditional License Grant for Use of Microsoft Clip Art, Sound, Video Clips. If the SOFTWARE PRODUCT includes images, photographs, clip art, animations, audio, music, and/or video clips (collectively, "CONTENT"), this section shall apply solely to the CONTENT. Except as otherwise set forth in the subsection immediately following this paragraph, all other rights and limitations set forth in this EULA shall apply to the CONTENT.
òYou may copy or install the CONTENT; and you may reproduce, modify and distribute the CONTENT, provided that:
òYou may only utilize the CONTENT for personal noncommercial uses and You may not sell, license or otherwise distribute the CONTENT for value. For example, You may include the CONTENT in personal greeting cards, banners, letters and the like intended for family members or friends. You may not use the CONTENT in order to create a greeting card that is sold or otherwise transferred to another for value.
òYou may not sell, license or otherwise distribute the CONTENT or derivative works of the CONTENT on a stand-alone basis or as part of any collection, or as part of any product or service for resale.
òYou may not use any of the CONTENT related to identifiable individuals or entities for any commercial purposes or in a manner which implies its endorsement or association with any product, service, or entity;
òYou may not use the CONTENT that is specific to a government, company or personÆs name, initials and emblems for any commercial purposes or to express or imply endorsement or sponsorship of any commercial product, service or activity;
òYou may not create obscene works using the CONTENT or any modification of the CONTENT;
òThe CONTENT has not been cleared or approved for use as trademarks or logos in conjunction with any companiesÆ products or services. Any use as a trademark or logo would constitute a commercial use and is prohibited by this EULA.
òBy using the CONTENT, you agree not to assert any intellectual property rights, including but not limited to, claims of trademark infringement, against MS or its suppliers, now or in the future.
òAdditional License Grant for Software Editors. The SOFTWARE PRODUCT may contain a software editor (ôEditorö). If so, You may use the Editor in conjunction with that content specifically identified in the documentation for use with the Editor. If no content files are identified, You may not use content or other files from the SOFTWARE PRODUCT with the Editor. You may reproduce and share files or scripts created with the Editor (the ôFilesö) with Your friends and or family on a non-commercial basis. You may additionally enter Your Files in contests or competitions where prizes are awarded for such Files, provided the Files are not subsequently used in a commercial manner. Manufacturer, MS nor its suppliers do not grant You or any party obtaining the Files through You the right to sell or otherwise distribute Files from the SOFTWARE PRODUCT in exchange for value, including the bundling of Files with other products or services for resale. You understand that the Files are excluded from any Product Support and/or Warranty provided by Manufacturer, MS or its suppliers under the terms of this EULA, and by using the Files, you agree that any Product Support or Warranty with respect to the SOFTWARE PRODUCT as provided for in this EULA shall not apply to such Files.
òPermitted Use of Maps. If the SOFTWARE PRODUCT contains map-making functionality, with each separate license of the SOFTWARE PRODUCT, You may reproduce up to one thousand (1,000) copies of any given map generated by use of the SOFTWARE PRODUCT, provided that You do not sell or sublicense such reproduced maps. With each separate license of the SOFTWARE PRODUCT, You may produce and post online up to one thousand (1,000) maps generated by use of the SOFTWARE PRODUCT, provided that You do not sell or sublicense such maps. Your use of such reproduced maps shall be subject to the terms of this EULA. You will retain, and not delete or alter, any and all legal notices contained within the maps, including, but not limited to, copyright notices.
òAdditional License Grant for SharePointÖ Team Services. The Software Product may contain a copy of the SharePoint Team Services. If so, You may install one copy of such software on one Device and allow an unlimited number of individuals within Your business or enterprise to access and use the SharePoint Team Services from other Devices provided that You acquire and dedicate a license to the SOFTWARE PRODUCT for the Device upon which the SharePoint Team Services are installed.
òBack-up Utility. If the SOFTWARE PRODUCT includes a Microsoft back-up utility you may use the utility to make a single back-up copy. After the single back-up copy is made, the backup utility will be permanently disabled. Except as expressly provided in this EULA, you may not otherwise make copies of the SOFTWARE PRODUCT, including any printed materials accompanying the SOFTWARE PRODUCT. Local law may provide you additional back-up rights.
òReservation of Rights. Manufacturer, 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.
òAcademic Edition Software. If the SOFTWARE PRODUCT is identified as ôAcademic Editionö or ôAEö, You must be a ôQualified Educational Userö to use the SOFTWARE PRODUCT. If You are not a Qualified Educational User, You have no rights under this EULA. To determine whether You are a Qualified Educational User, please contact the Microsoft Sales Information Center/One Microsoft Way/Redmond, WA 98052-6399 or the Microsoft subsidiary serving Your country. If the SOFTWARE PRODUCT is identified as ôAcademic Editionö or ôAE,ö the following additional limitations apply:
òNotwithstanding the section of this EULA entitled ôSoftware Product Transferö and/or any other inconsistent provisions of this EULA, You may not transfer this SOFTWARE PRODUCT.
òThe Section of this EULA entitled ôUPGRADESö is deleted and replaced with the following text: This ôAcademic Editionö version of the SOFTWARE PRODUCT is only eligible for upgrade if an ôAcademic Editionö Upgrade for the corresponding software product is made generally available. If the SOFTWARE PRODUCT is labeled as an upgrade, You must be properly licensed to use a product identified by Manufacturer, MS or Microsoft Corporation as being eligible for the upgrade in order to use the SOFTWARE PRODUCT (ôEligible Productö). For the purpose of upgrade products only, ôHARDWAREö shall mean the computer system or computer system component with which You received the Eligible Product. A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements (and may disable, if upgrading a Microsoft product) the Eligible Product which came with the HARDWARE. You may use the resulting upgraded product only in accordance with the terms of this EULA and only with the HARDWARE. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that You licensed as a single product, the SOFTWARE PRODUCT may be used only as part of that single product package and may not be separated for use on more than one COMPUTER.
òApplication Sharing. The SOFTWARE PRODUCT may contain Microsoft« NetMeeting«, a product that enables applications to be shared between two or more computers, even if an application is installed on only one of the computers. You may use this technology with all Microsoft application products for multi-party conferences. For non-Microsoft applications, You should consult the accompanying license agreement or contact the licensor to determine whether application sharing is permitted by the licensor.
òCopy Protection. The SOFTWARE PRODUCT may include copy protection technology to prevent the unauthorized copying of the SOFTWARE PRODUCT or may require original media for use of the SOFTWARE PRODUCT on the Device. It is illegal to make unauthorized copies of the SOFTWARE PRODUCT or to circumvent any copy protection technology included in the SOFTWARE PRODUCT. Local law may provide You additional back-up rights.
òLanguage Version Selection. (i) Manufacturer may have elected to provide You with a selection of language versions for one or more of the Microsoft software products licensed under this EULA. If the SOFTWARE PRODUCT is included in more than one language version and it is not specifically identified as an MLP as further described below: You are licensed to use only one of the language versions provided; during the setup process for the SOFTWARE PRODUCT You may be given a one-time option to select a language version; the language version selected by You at such time will be set up on the COMPUTER; and the language version(s) not selected by You at such time may be automatically and permanently deleted from the hard disk of the COMPUTER. (ii) Notwithstanding the preceding, if Manufacturer has elected to provide You with a Multiple-Language Pack (ôMLPö) for certain language versions with additional language version support (for example, Arabic with English and French language support, English with Hebrew language support, English with Korean language support, English with Pan-Chinese language support, or English with Thai language support) of the SOFTWARE PRODUCT, the preceding limitation to select and use only one language version of the SOFTWARE PRODUCT shall not apply, so long as (A) You acknowledge that the MLP, and the language support contained therein, is a part of the SOFTWARE PRODUCT, (B) You only use the MLP with the SOFTWARE PRODUCT, and (C) You comply with all of the other terms and conditions of this EULA.
òLimitations on Reverse Engineering, Decompilation and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
òMultiple Processor Version Selection. The CD or diskette(s) on which the SOFTWARE PRODUCT resides may contain several copies of the SOFTWARE PRODUCT, each of which is compatible with a different microprocessor architecture, such as the x86 architecture or various RISC architectures (ôProcessor Version(s)ö). You may install and use only one copy of one Processor Version of the SOFTWARE PRODUCT on the COMPUTER.
òNo Rental, Leasing or Commercial Hosting. You may not rent, lease, lend or provide commercial hosting services to third parties with the SOFTWARE PRODUCT.
òOperating System Upgrades. The SOFTWARE PRODUCT may contain upgrades of Microsoft operating system components that are required for proper operation of the SOFTWARE PRODUCT. Any such upgrades are licensed to You pursuant to the terms and conditions that have already been provided to You for the Microsoft operating system which the components are upgrading, unless a separate end user license agreement is provided to You with such upgrades in which case such separate agreement governs Your use of the upgrades.
òOn-Line Services. Certain functionality of the SOFTWARE PRODUCT may require separately acquired on-line services. Neither the SOFTWARE PRODUCT nor this EULA gives You any rights to use the Internet, any on-line or other services or software that may be necessary to use all features associated with the SOFTWARE PRODUCT.
òSeparation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer unless expressly permitted by this EULA.
òSingle COMPUTER. The SOFTWARE PRODUCT is licensed with the HARDWARE as a single integrated product. The SOFTWARE PRODUCT may only be used with the HARDWARE as set forth in this EULA.
òSingle EULA. The package for the SOFTWARE PRODUCT 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 PRODUCT.
òSoftware Product Transfer. You may permanently transfer all of Your rights under this EULA only as part of a sale or transfer of the HARDWARE, 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(s) of Authenticity and Confirmation Number(s)), and the recipient agrees to the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior versions of the SOFTWARE PRODUCT.
òSpeech Recognition. If the SOFTWARE PRODUCT includes a speech recognition component, it should be understood by You that speech recognition is inherently a statistical process; that recognition errors are inherent in the process of speech recognition; that it is Your responsibility to provide for handling such errors and to monitor the speech recognition process and correct any errors.
òTermination. Without prejudice to any other rights, Manufacturer or MS may terminate Your rights under 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.
òTrademarks. 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 PRODUCT is labeled as an upgrade, You must be properly licensed to use a product identified by Manufacturer, MS or Microsoft Corporation as being eligible for the upgrade in order to use the SOFTWARE PRODUCT (ôEligible Productö). For the purpose of upgrade products only, ôHARDWAREö shall mean the computer system or computer system component with which You received the Eligible Product. A SOFTWARE PRODUCT labeled as an upgrade replaces or supplements (and may disable, if upgrading a Microsoft software product) the Eligible Product which came with the HARDWARE. You may use the resulting upgraded product only in accordance with the terms of this EULA and only with the HARDWARE. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that You licensed as a single product, the SOFTWARE PRODUCT 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 PRODUCT (including but not limited to any CONTENT (as defined in Section 1 of this EULA), text and ôappletsö incorporated into the SOFTWARE PRODUCT), any accompanying printed materials, and any copies of the SOFTWARE PRODUCT, are owned by MS, or its suppliers (including Microsoft Corporation). All title and intellectual property rights in and to the content that is not contained in the SOFTWARE PRODUCT, but may be accessed through use of the SOFTWARE PRODUCT, is the property of the respective content owner and may be protected by applicable intellectual property laws and treaties. This EULA grants You no rights to use such content. Use of any on-line services which may be accessed through the SOFTWARE PRODUCT may be governed by the respective terms of use relating to such services. If this SOFTWARE PRODUCT 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 PRODUCT. All rights not specifically granted under this EULA are reserved by MS and its suppliers (including Microsoft Corporation).
5.DUAL-MEDIA SOFTWARE PRODUCT. You may receive the SOFTWARE PRODUCT in more than one medium. Regardless of the type or size of medium You receive, You may use only one medium that is appropriate for the COMPUTER. You may not install or use the other medium on another computer. You may not loan, rent, lease, lend or otherwise transfer the other medium to another user, except as part of an authorized permanent transfer of the SOFTWARE PRODUCT as described under the Section ôSoftware Product Transfer.ö
6.PRODUCT SUPPORT. Product support for the SOFTWARE PRODUCT 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.
7.EXPORT RESTRICTIONS. You acknowledge that the SOFTWARE PRODUCT, including, without limitation, any MS hardware products accompanying the SOFTWARE PRODUCT, if any, is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to these 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/.
8.U.S. GOVERNMENT RESTRICTED 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 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 FAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
9.NOTE ON JAVA TECHNOLOGY. The SOFTWARE PRODUCT may contain support for programs written in JAVA. JAVA TECHNOLOGY IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR RESALE AS ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF JAVA TECHNOLOGY COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. Sun Microsystems, Inc. has required the inclusion of this disclaimer.
10.ADDITIONAL PROVISIONS. FOR THE LIMITED WARRANTIES, LIMITATION OF LIABILITY, AND OTHER SPECIAL PROVISIONS, PLEASE REFER TO THE ADDITIONAL PROVISIONS PROVIDED BELOW AND/OR WITH OR IN THE SOFTWARE PRODUCT. SUCH LIMITED WARRANTIES, LIMITATION OF LIABILITY AND SPECIAL PROVISIONS ARE AN INTEGRAL PART OF THIS EULA.
