APPENDIX
WARRANTY
AND SPECIAL PROVISIONS
FOR
THE
UNITED STATES OF AMERICA AND ANY OTHER COUNTRY
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 warranties, either
express or implied, including, but not limited to implied warranties 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, special,
incidental, consequential, 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
U.S. GOVERNMENT LICENSE RIGHTS. All SOFTWARE 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 in this
EULA. 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 DFAR, 48 CFR 252.227-7013 (OCT 1988), as
applicable. Manufacturer is responsible for ensuring the SOFTWARE is marked
with the "Restricted Rights Notice" or "Restricted Rights
Legend," as required. All rights not expressly granted are reserved.
If you
acquired the SOFTWARE in the United States of America, this Software License
Agreement and Warranty are governed by the laws of the State of Washington,
U.S.A. If you acquired the SOFTWARE
outside the United States of America, local law may apply.
04/10/95 40970003.DOC