End-User License Agreement for Microsoft Software

IMPORTANT—READ CAREFULLY: This Microsoft End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Microsoft Corporation for the software portion of this Hardware Device, which includes the accompanying computer software, and may include associated media, printed materials and any "online" or electronic documentation ("SOFTWARE"). By installing, copying or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE; you may, however, return the SOFTWARE and accompanying Microsoft Hardware Device to your place of purchase for a full refund.

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.

  1. GRANT OF LICENSE. This EULA grants you the following rights:
  1. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

  1. 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.
  2. 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.
  3. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Microsoft Corporation/One Microsoft Way/Redmond, WA 98052-6399.
  4. EXPORT RESTRICTIONS. You acknowledge that the SOFTWARE licensed hereunder is subject to the export control laws and regulations of the U.S.A., 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.. export restrictions. You further acknowledge that the SOFTWARE may include technical data subject to export and re-export restrictions imposed by U.S.A. law.
  5. DISCLAIMER OF WARRANTIES. The Limited Warranty 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 the Limited Warranty, and to the maximum extent permitted 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 (if any) implied warranties or conditions of merchantability, of fitness for a particular purpose, of lack of viruses, and of lack of negligence or lack of workmanlike effort, all with regard to the SOFTWARE and Hardware Device. Also, there is no warranty or condition of title, authority, or noninfringement in the SOFTWARE and Hardware Device.

General Provisions

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

  1. 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 or consequential damages whatsoever (including but not limited to damages for loss of profits, 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 SOFTWARE or Hardware Device, even if Microsoft or any supplier has been advised of the possibility of such damages.
  2. 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.
  3. 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 on the day you receive and for the next 90 days for the SOFTWARE and the next 3 years thereafter for the Hardware Device, and under normal use and service, (a) the SOFTWARE will perform substantially in accordance with the accompanying packaging and documentation, and (b) the Hardware Device accompanying the SOFTWARE will be substantially free from defects in materials and workmanship, and (c) any Support Services provided by Microsoft shall be substantially as described in applicable written materials provided to you by Microsoft, and Microsoft support engineers will make commercially reasonable efforts to solve any problem issues.

You also have an implied warranty and/or condition, but only as to defects discovered during the 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. As to any defects discovered after the 90-day and 3-year period, there is no warranty or condition of any kind. Some states and 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 Microsoft, you are not entitled to any damages, including but not limited to consequential damages. Section 8 above of the EULA General Provisions (Exclusion of Incidental, Consequential and Certain Other Damages), also applies to this Limited Warranty and is incorporated herein. This Limited Warranty gives you specific legal rights. You may have others, which vary from state/jurisdiction to state/jurisdiction.

REGISTRATION. You need not return the warranty registration card 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), including anyone to whom you make any transfer authorized in the EULA.

YOUR EXCLUSIVE REMEDY. MicrosoftÆs and its suppliersÆ entire liability and your exclusive remedy with respect to the SOFTWARE and the Hardware Device shall be, at MicrosoftÆs option, either (a) return of the price paid (if any) for, or (b) repair or replacement of the SOFTWARE or the Hardware Device that does not meet this Limited Warranty and which is returned to Microsoft with a copy of your receipt of purchase. You may exercise this remedy without charge, except that you are responsible for any expenses you may incur. This Limited Warranty is void if failure of the SOFTWARE or the Hardware Device has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE or Hardware Device will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. To exercise your remedy, contact Microsoft at Microsoft Corporation/One Microsoft Way/Redmond, WA 98052-6399.

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.