Software License

The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.

1. GRANT OF LICENSE. This EULA grants you the following rights:
   • Software Installation and Use. You may install and use one copy of the SOFTWARE on the COMPUTER to which the HARDWARE is attached. The SOFTWARE may not be installed, accessed, displayed, run, shared or used concurrently on or from different computers, including a workstation, terminal or other digital electronic device.
   • Back-up Copy. If Manufacturer has not included a back-up copy of the SOFTWARE with the COMPUTER, you may make a single back-up copy of the SOFTWARE solely for archival purposes. You may not copy the printed materials accompanying the SOFTWARE .
   • Reservation of Rights. All rights not specifically granted under this EULA are reserved by Manufacturer, Microsoft Licensing, Inc. and its suppliers (including Microsoft Corporation).

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
   • Language Version Selection. Manufacturer may have elected to provide you with a selection of language versions for the SOFTWARE licensed under this EULA. If the SOFTWARE is included in more than one language version, you are licensed to use only one of the language versions provided.
   • 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.
   • No 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 Computer. The SOFTWARE is licensed for use with the COMPUTER and the HARDWARE as a single integrated product. The SOFTWARE may only be used on the COMPUTER and with the HARDWARE as set forth in this EULA.
   • 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.
   • Rental. You may not rent, lease, or lend the SOFTWARE.
   • Software Transfer. You may permanently transfer all of your rights under this EULA only as part of a sale or transfer of the COMPUTER with the HARDWARE, provided you retain no copies, you transfer all of the SOFTWARE (including all component parts, the media and printed materials, any upgrades, this EULA and, if applicable, the Certificate(s) of Authenticity), and the recipient agrees to the terms of this EULA. If the SOFTWARE is an upgrade, any transfer must include all prior versions of the SOFTWARE.
   • Termination. Without prejudice to any other rights, Manufacturer or its suppliers 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 and all of its component parts.
3. UPGRADES. If the SOFTWARE is labeled as an upgrade, you must be properly licensed touse a product identified by Manufacturer, Microsoft Licensing, Inc. or Microsoft Corporation as being eligible for the upgrade in order to use the SOFTWARE ("Eligible Product"). SOFTWARE labeled as an upgrade replaces and/or supplements (and may disable, if upgrading a Microsoft product) the Eligible Product which came with the COMPUTER. You may use the upgrade and resulting upgraded product only in accordance with the terms of this EULA and only with the COMPUTER and 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. COPYRIGHT. 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 Microsoft Licensing, Inc. or its suppliers (including Microsoft Corporation).
5. DUAL-MEDIA SOFTWARE. You may receive the SOFTWARE 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, use, access, run or otherwise interact with 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 the permanent transfer (as provided above) of the SOFTWARE.
6. PRODUCT SUPPORT. Product support for the SOFTWARE is not provided by Microsoft Licensing, Inc., Microsoft Corporation or their affiliates or subsidiaries. For product support, please refer to Manufacturer's support number provided in the documentation for the COMPUTER. 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 COMPUTER.
7. EXPORT RESTRICTIONS. If this EULA is not labeled and the SOFTWARE is not identified as "North America Only Version" above, on the Product Identification Card, or on the SOFTWARE PRODUCT packaging or other written materials, then the following terms apply: You agree that you will not export or re-export the SOFTWARE, any part thereof, or any process or service that is the direct product of the SOFTWARE (the foregoing collectively referred to as the "Restricted Components"), to any country, person or entity subject to U.S. export restrictions. You specifically agree not to export or re-export any of the Restricted Components (i) to any country to which the U.S. has embargoed or restricted the export of goods or services, which currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria, or to any national of any such country, wherever located, who intends to transmit or transport the Restricted Components back to such country; (ii) to any person or entity who you know or have reason to know will utilize the Restricted Components in the design, development or production of nuclear, chemical or biological weapons; or (iii) to any person or entity who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government. You warrant and represent that neither the BXA nor any other U.S. federal agency has suspended, revoked or denied your export privileges.
   Non-Exportable Encryption. If this EULA is labeled or the SOFTWARE is identified as "North America Only Version" above, on the Product Identification Card, or on the SOFTWARE packaging or other written materials, then the following applies: The SOFTWARE is intended for distribution only in the United States, its territories and possessions (including Puerto Rico, Guam, and U.S. Virgin Islands), and Canada. Export of the SOFTWARE from the United States is regulated under "EI controls" of the Export Administration Regulations (EAR, 15 CFR 730-744) of the U.S. Commerce Department, Bureau of Export Administration (BXA). A license is required to export the SOFTWARE outside the United States or Canada. You agree that you will not directly or indirectly export or re-export the SOFTWARE (or portions thereof) to any country, other than Canada, or to any person, entity or end user subject to U.S. export restrictions without first obtaining a Commerce Department export license. You warrant and represent that neither the BXA nor any other U.S. federal agency has suspended, revoked or denied your export privileges.
8. DISCLAIMER OF WARRANTIES. Any Limited Warranty referenced below is the only express warranty made to you and is provided in lieu of any other express warranties (if any) created by any documentation or packaging. Except for such Limited Warranty and except as prohibited by applicable law, Manufacturer and its suppliers provide the SOFTWARE and HARDWARE 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 implied warranties or conditions of merchantability, of fitness for a particular purpose, of lack of viruses, of accuracy or completeness of responses, of results, and of lack of negligence or lack of reasonable care or workmanlike effort, all with regard to the SOFTWARE and HARDWARE. THERE IS ALSO NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE AND HARDWARE. Subject to the above exceptions, the entire risk as to the quality of or arising out of the use or performance of the SOFTWARE and HARDWARE remains with you.
9. GENERAL PROVISIONS: The following provisions apply to this EULA and to the "Limited Warranty and Limitation of Liability," if any, referenced below.
   1. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. To the maximum extent permitted by applicable law, in no event shall Manufacturer or its suppliers be liable for any special, incidental, consequential, or indirect damages whatsoever (including, but not limited to, damages for personal injury, loss of profits, business interruption, loss of business information, loss of privacy, failure to meet any duty including of good faith or of reasonable care, negligence, and for any other pecuniary loss or other loss whatsoever) arising out of or in any way related to the use of or inability to use the SOFTWARE or HARDWARE, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of Manufacturer or any supplier, and even if Manufacturer or any supplier has been advised of the possibility of such damages.
   2. LIMITATION OF LIABILITY; EXCLUSIVE REMEDY. 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 Manufacturer 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 required of or elected by Manufacturer with respect to any breach of any Limited Warranty) shall be limited to the amount actually paid by you for the product(s). The foregoing limitations, exclusions and disclaimers (including this Section 9) shall apply, except as prohibited by applicable law, even if any remedy fails its essential purpose.
   3. 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 52.227-7013 (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.

LIMITED WARRANTY AND SPECIAL PROVISIONS FOR THE UNITED STATES OF AMERICA AND OTHER COUNTRIES/REGIONS

LIMITED WARRANTY. This Limited Warranty covers the SOFTWARE and HARDWARE as defined in the EULA. Manufacturer warrants that (a) the SOFTWARE will perform substantially in accordance with the accompanying textual materials for a period of ninety (90) days from the date of receipt, and (b) any HARDWARE accompanying the SOFTWARE will be free from defects in materials and workmanship under normal use and service for a period of three (3) years 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 (90) days for the SOFTWARE, and three (3) years for the HARDWARE). As to defects discovered after that period, there is no warranty or condition of any kind. Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.

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 Manufacturer, you are not entitled to any damages, including but not limited to consequential or incidental damages, if the SOFTWARE and/or the HARDWARE do not meet this Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of the EULA section entitled "Exclusion of Incidental, Consequential and Certain Other Damages" are incorporated into this Limited Warranty. Please read those terms and conditions. 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. Subject to any applicable law, Manufacturer's and its suppliers' entire liability and your exclusive remedy shall be, at Manufacturer's option, (a) replacement of the SOFTWARE or HARDWARE that does not meet this Limited Warranty and that is returned to Manufacturer with a copy of your receipt, or (b) return of the price paid, (if any). You will receive the remedy elected by Manufacturer without charge, except that you are responsible for any expenses you may incur (e.g., cost of shipping the SOFTWARE or HARDWARE to Manufacturer). This Limited Warranty is void if failure of the SOFTWARE or HARDWARE has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement SOFTWARE or HARDWARE will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States or Canada, these remedies are not available without proof of purchase from an authorized international source. To exercise your remedy, you should contact Manufacturer as set forth in the documentation accompanying your COMPUTER.

If you acquired the SOFTWARE and HARDWARE 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 and HARDWARE outside the United States of America, local law may apply.