End-User License Agreement for Microsoft Software

Software Product 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.

NOTE The terms of a printed, paper EULA which may accompany the SOFTWARE and accompanying Microsoft Hardware Device supersede the terms of any on-screen EULA found within the SOFTWARE.

1. GRANT OF LICENSE. This EULA grants you the following rights:
   • Software. You may install and use one copy of the SOFTWARE on a single computer to which the enclosed Hardware Device is attached.
   • Storage/Network Use. You may also store or install a copy of the SOFTWARE on a storage device, such as a network server, used only to install or run the SOFTWARE on your other computers over an internal network; however, you must acquire and dedicate a license for each separate computer on which the SOFTWARE is installed or run from the storage device, and each such computer must use the enclosed Hardware Device in conjunction with the SOFTWARE. A license for the SOFTWARE may not be shared or used concurrently on different computers.
   • Multiple Hardware Devices. If you purchased a multiple pack of the Hardware Device, you may make one (1) copy of the SOFTWARE for each Hardware Device you purchased in the package, and you may use each copy in the manner specified above.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
   • 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.
   • 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.
   • Rental. You may not rent or lease or lend the SOFTWARE.
   • Software Transfer. You may permanently transfer all of your rights under this EULA, 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 of Authenticity) along with the accompanying Hardware Device, and the recipient agrees to the terms of this EULA. If the SOFTWARE portion is an upgrade, any transfer must include all prior versions of the SOFTWARE.
   • Not For Resale Software. If the SOFTWARE is labeled "Not for Resale" or "NFR", then, notwithstanding other sections of this EULA, you may not resell, or otherwise transfer for value, the SOFTWARE.
   • Termination. Without prejudice to any other rights, Microsoft may terminate 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.
   • Support Services. Microsoft may provide you with support services related to the SOFTWARE and/or Hardware Device ("Support Services"). Use of Support Services is governed by the Microsoft policies and programs described in the user manual, in "online" documentation, and/or other Microsoft-provided materials. Any supplemental software code provided to you as a part of Support Services shall be considered part of the SOFTWARE and subject to the terms of this EULA. With respect to technical information you provide to Microsoft as part of the Support Services, Microsoft may use such information for its business purposes, including for product support and development. Microsoft will not utilize such technical information in a form that personally identifies you.

3. COPYRIGHT. All title and copyrights 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 or its suppliers. The SOFTWARE is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material except that you may either (a) make one copy of the SOFTWARE solely for backup or archival purposes, or (b) install the SOFTWARE on a single computer provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the Hardware Device.
4. 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 your single computer. You may not use or install the other medium on another computer. You may not loan, rent, lease, or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the entire Hardware Device.
5. U.S. GOVERNMENT RESTRICTED 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 elsewhere herein. 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. The reseller is responsible for ensuring SOFTWARE is marked with the "Restricted Rights Notice" or "Restricted Rights Legend", as required. All rights not expressly granted are reserved.
6. EXPORT RESTRICTIONS. You acknowledge that the SOFTWARE licensed hereunder is subject to the export control laws and regulations of the U.S.A. and Canada, and any amendments thereof. You confirm that with respect to the SOFTWARE, you will not export or re-export it, directly or indirectly, to any countries that are subject to U.S.A. or Canadian export restrictions. You further acknowledge that the SOFTWARE may include technical data subject to export and re-export restrictions imposed by U.S.A. and Canadian law.
7. DISCLAIMER OF WARRANTIES. The "Limited Warranty And Limitation of Liability" that appears 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. No other warranties are made with respect to the SOFTWARE and Hardware Device by any person, including but not limited to Microsoft and its suppliers. Except for such Limited Warranty and except as prohibited by applicable law, Microsoft and its suppliers provide the SOFTWARE and Hardware Device 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 accuracy or completeness, of responses or of results, of lack of viruses, and of lack of negligence or lack of reasonable care or workmanlike effort, all with regard to the SOFTWARE and Hardware Device. Also, there is no warranty or condition of title, QUIET ENJOYMENT, or noninfringement WITH REGARD TO the SOFTWARE and Hardware Device.

General Provisions

These provisions apply to the EULA and the below Limited Warranty and Limitation of Liability.

8. 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, consequential or indirect damages whatsoever (including but not limited to damages for loss of profits, for business interruption, for personal injury, for loss of privacy or information, 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 SOFTWARE or Hardware Device, 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.
9. LIMITATION OF LIABILITY; EXCLUSIVE REMEDY. Except for your remedy for breach of the "Limited Warranty and Limitation of Liability" as set forth therein, and notwithstanding any damages that you might incur for any reason (including without limitation, all damages referenced above and all direct or general damages), the entire liability of Microsoft and any of its suppliers for any breach of this EULA or for any other reason, and your exclusive remedy, shall be limited to the amount actually paid by you for the SOFTWARE or Hardware Device that causes your damage. Except as prohibited by law, the foregoing limitations, exclusions and disclaimers (including this section 9) shall apply even if any remedy fails its essential purpose.
10. GOVERNING LAW. If you acquired the SOFTWARE and Hardware Device in the United States of America, the laws of the State of Washington, U.S.A., will apply to this contract. If you acquired this SOFTWARE and Hardware Device outside of the United States of America, then local law may apply.
    If you acquired this product in Canada, except where expressly prohibited by local law, the laws in force in the Province of Ontario, Canada will apply to this contract and each of the parties hereto irrevocably attorns to the jurisdiction of the courts of the Province of Ontario and further agrees to commence any litigation which may arise hereunder in the courts located in the Judicial District of York, Province of Ontario.
11. QUESTIONS. Should you have any questions, or if you desire to contact Microsoft for any reason, please contact the Microsoft subsidiary serving your country, or write: Microsoft Sales Information Center/One Microsoft Way/Redmond, WA 98052-6399.

Limited Warranty and Limitation of Liability

LIMITED WARRANTY. Microsoft warrants that (a) on the day you receive the SOFTWARE and for the next 90 days thereafter it will perform substantially in accordance with its accompanying packaging and documentation under normal use and service; and (b) the Hardware Device will be substantially free from defects in materials and workmanship and will perform substantially in accordance with the Hardware Device documentation under normal use and service for the average life of Hardware Devices of that type; and (c) Microsoft support personnel in providing Support Services will make commercially reasonable efforts to diagnose and suggest solutions for eligible problems as described to Microsoft. This Limited Warranty does not cover, and no warranty of any kind is provided with respect to any cosmetic or aesthetic aspects, including but not limited to the paint on the Hardware Device.

You also have an implied warranty and/or condition, but only as to defects discovered during the applicable period of this Limited Warranty, and only if an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it. Some states and jurisdictions do not allow limitations on duration of an implied warranty or condition, 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 Microsoft, you are not entitled to any damages, including but not limited to consequential and incidental damages, even if a remedy fails of its essential purpose. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the 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.

REGISTRATION. You do not need to register your acquisition of the SOFTWARE or Hardware Device for this Limited Warranty to be effective.

BENEFICIARY. To the extent allowed by applicable law, this Limited Warranty is only made to you, the first licensed user of the SOFTWARE and Hardware Device, and there are no third party beneficiaries of this Limited Warranty. It is not intended for and does not apply to anyone else (except as required by law).

YOUR EXCLUSIVE REMEDY FOR BREACH OF THIS WARRANTY. Subject to applicable law, for the first ninety (90) days after acquisition of the SOFTWARE and the first five (5) years after the date of acquisition of the Hardware Device, Microsoft's and its suppliers' entire liability and your exclusive remedy shall be, at Microsoft's option, either (a) replacement of the SOFTWARE or Hardware Device that does not meet this Limited Warranty and which is returned to Microsoft with a copy of your receipt of purchase; or (b) return of the price paid (if any). 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 shipment to Microsoft). After the initial five-year period, your exclusive remedy is the replacement of the Hardware Device with a then-current Microsoft hardware device that is substantially similar in functionality (if such functionality is then furnished by Microsoft in the ordinary course of its business), upon your payment of a fee then established by Microsoft to cover its handling and shipping costs.

This Limited Warranty is void if failure of the SOFTWARE or Hardware Device is related to accident, abuse or abnormal use, misapplication or a virus. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer; any replacement of the Hardware Device will be warranted for the remainder of the initial 5-year period or thirty (30) days, whichever is longer. To exercise your remedy, contact Microsoft at: Microsoft Sales Information Center/One Microsoft Way/Redmond, WA 98052-6399.

INCLUSION OF GENERAL PROVISIONS. All of the General Provisions of the EULA also apply to this Limited Warranty, and each provision is incorporated herein by this reference, including but not limited to the Exclusion of Incidental, Consequential and Certain Other Damages.