END-USER LICENSE AGREEMENT FOR MICROSOFT« SOFTWARE (NON-OPERATING SYSTEM): FOR NORTH AMERICA ONLY
IMPORTANTùREAD CAREFULLY: This End User License Agreement (ôEULAö) is a legal agreement between you (either an individual person or a single legal entity) and the manufacturer (ôManufacturerö) of the computer system (ôComputerö) with which you acquired the Microsoft software that accompanies this EULA (ôSoftwareö). The Software includes Microsoft computer software, and any associated media, printed materials, ôonlineö or electronic documentation, and Internet-based services. Certain features of a software component may contain additional terms, conditions, and notices that govern access and use of those features. The terms of a printed paper EULA, which may accompany the Software, supersede the terms of any on-screen EULA. This EULA is valid and grants the end-user license rights ONLY if the Software is genuine and a genuine Certificate of Authenticity (ôCOAö) for the Software is included. For more information on identifying whether your software is genuine, please see http://www.microsoft.com/piracy/howtotell.
By installing, copying, downloading, accessing 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, you may not use or copy the Software, and you should promptly contact Manufacturer for instructions on return of the unused product(s) for a refund in accordance with ManufacturerÆs return policies.
SOFTWARE LICENSE
The term ôMSö as used herein shall mean Microsoft Licensing, Inc., Microsoft Licensing, GP, Microsoft Ireland Operations, Ltd. or another Microsoft entity.
1. GRANT OF LICENSE. This section of the EULA describes your general license rights to install and use the Software. Manufacturer grants you the following rights provided that you comply with all terms and conditions of this EULA:
ò Installation and Use. Except as otherwise expressly provided in this EULA, you may install, use, access, display, run or otherwise interact with (ôRunö) only one (1) copy of the Software on a single Computer. The Software may not be Run or shared concurrently on or from different computers, including a workstation, terminal or other device (collectively, ôDeviceö).
ò Software as a Component of the Computer - Transfer. THIS LICENSE MAY NOT BE SHARED, TRANSFERRED TO OR USED CONCURRENTLY ON DIFFERENT COMPUTERS. The Software is licensed with the Computer as a single integrated product and may only be used with the Computer. If the Software is not accompanied by a Computer, you may not use the Software. You may permanently transfer all of your rights under this EULA only as part of a permanent sale or transfer of the Computer, provided you retain no copies, if you transfer the Software (including all component parts, the media, any upgrades, this EULA and the COA), and the recipient agrees to the terms of this EULA. If the Software is an upgrade, any transfer must also include all prior versions of the Software.
ò License Grant for Remote Desktop. You may use remote access technologies, such as the Remote Desktop features in Microsoft Windows or NetMeeting, to access and use your licensed copy of the Software, provided that only the primary user of the device hosting the remote desktop session accesses and uses the Software with a remote access device. These remote desktop rights do not permit you to use the Software on both the device hosting the remote desktop session and the access device at the same time.
ò License Grant for Remote Assistance. You may permit any device to access and use your licensed copy of the Software for the purpose of providing you with technical support and maintenance services.
ò License Grant for Streets and Trips. Your license rights for the Streets and Trips product component of the SOFTWARE PRODUCT (ôMap Productö), are subject to the following additional grants and restrictions as follows:
o In addition to the general license grant above, for each license acquired you may: (i) print up to one thousand copies of any given map or mapping content (except points of interest) generated by use of the Map Product, provided that such maps are used (a) solely for your own immediate or near immediate use and (b) you do not sell or sublicense such reproduced content; (ii) post online up to one thousand maps or sets of mapping content (except points of interest) generated by use of the Map Product, provided that you do not sell or sublicense such content; and (iii) print or save up to two-hundred fifty (250) specific points of interest at a time to your cell phone, personal digital assistant (ôPDAö) or PC application for your internal or personal use only. Your use of such reproduced content is subject to these terms and conditions and the terms and conditions of this EULA. You agree to retain, and not delete or alter, any and all legal notices contained within the maps (e.g., copyright notices).
o You may not use the Map Product, including any maps, driving directions, points of interest, etc. available in the Map Product, except as expressly permitted in this EULA. Without limiting the generality of the foregoing, use of the Map Product for any Fleet Application is limited to fleets of fifty (50) vehicles or less; and Real-time vehicle guidance applications are not allowed, irrespective of fleet size. For Fleet Applications, you must obtain a license for each vehicle, for example, if you have five (5) vehicles, you must obtain five (5) licenses.
ôFleet Applicationsö shall mean software, products or systems capable, in Real-time or Near-real time, of any one or more of locating, monitoring, tracking, calculating and/or presenting routes and/or driving directions, including optimized routes and/or driving directions from multiple origins to multiple destinations and/or optimization of routes across multiple vehicles, and/or dispatching, two or more vehicles the positions of which are in any way determined using GPS Technology or any other Positioning Technology.
ôPositioning Technologyö shall mean GPS Technology or any other technology, devices and/or sensors that allow an application to determine in Real-time or Near-real time the position and/or velocity of a person, vehicle, device or other object.
ôReal-timeö solutions are those applications in which there is no measurable delay between the time at which a GPS location is acquired and the time this location is made available to the application. ôNear real-timeö takes into account network latency, transmission time and any other systems delays.
ò License Grant for Media Elements. The Software may include images, photographs, clip art, templates, shapes, animations, audio, music, and/or video clips that are identified in the Software for your use (together, ôMedia Elementsö). You may copy and modify the Media Elements, and license, display and distribute them, along with your modifications, as part of your Software and service, including your web site, but you are not licensed to do any of the following:
o You may not sell, license or otherwise distribute, or permit third parties to distribute, the Media Elements or derivative works of the Media Elements by themselves for value or as part of any collection, product, or service where the primary value of the collection, product, or service is in the Media Elements. For example, you may include the Media Elements in personal greeting cards, banners, letters and the like intended for family members or friends. You may not use the Media Elements in order to create a greeting card that is sold or otherwise transferred to another for value.
o You may not use any of the Media Elements 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.
o You may not license or distribute the Media Elements that that include representations of identifiable individuals, governments, logos, initials, emblems, trademarks, or entities for any commercial purposes or to express or imply endorsement or association of any product, service, entity, or activity.
o You may not create obscene or scandalous works, as defined by federal law at the time the work is created, using the Media Elements including any derivative works of the Media Elements.
o The Media Elements have not been cleared or approved for use as trademarks or logos in conjunction with any companiesÆ products, services, entity, or activity. Any use as a trademark or logo would constitute a commercial use and is prohibited by this EULA.
o By using the Media Elements, you agree not to assert any intellectual property rights, including but not limited to, claims of trademark infringement, against Manufacturer, MS and Microsoft Corporation or its suppliers, now or in the future.
o In addition, you must (a) you must indemnify, and defend Manufacturer, MS and Microsoft Corporation from and against any claims or lawsuits, including attorneysÆ fees, that arise from or result from the licensing, use or distribution of Media Elements as modified by you, and (b) You must include a valid copyright notice on your products and services that include copies of the Media Elements or derivative works of Media Elements.
o Except as otherwise set forth in the forgoing subsections of this paragraph, all other rights and limitations set forth in this EULA shall apply to the Media Elements.
ò License Grant for Documentation. The documentation that accompanies the Software is licensed for internal, non-commercial reference purposes only. If this Software contains documentation that is provided only in electronic form, you may print one (1) copy of such electronic documentation. You may not copy the printed materials accompanying the Software.
ò License Grant for Templates. The Software may include document templates. You may copy and modify the document templates available as part of the Software that accompanies this EULA and distribute such templates along with your modifications for use by other licensees of the Software. You also may copy, modify, and distribute the templates available through related Internet-based services along with your modifications for use by other licensees of the Software, but only for personal or commercial correspondence involving person-to-person communication. You are not licensed to do any of the following:
o You may not sell, resell, license, rent, lease, lend, or otherwise transfer for value, the templates.
o You may not distribute the templates available via Internet-based services as part of any product or service.
o You may not copy or post any templates available through Internet-based services on any network computer or broadcast it in any media.
You must indemnify and defend Manufacturer, MS and Microsoft Corporation and their suppliers and against any claims or lawsuits, including attorneysÆ fees, that arise from or result from the licensing or distribution of the templates as modified by you.
2. ADDITIONAL GRANT OF LICENSE. This section of the EULA describes additional license rights to Run certain features or components that may be a part of the Software. Manufacturer grants you the following additional rights provided that you comply with all terms and conditions of this EULA:
ò Additional License Grant for Regarding ActiveSync. If your license rights for the Software includes a Microsoft ActiveSync brand software component (ôActiveSyncö), then you are licensed for additional rights for the use of the electronic documents included with ActiveSync (collectively, ôActiveSync Electronic Documentsö). In such event, you may make an unlimited number of copies (either in hardcopy or electronic form) of the ActiveSync Electronic Documents provided that such copies are not republished or distributed to any third party.
ò Expiration of Online Services of Microsoft Money 2004. In the event that this Product contains Microsoft Money 2004 brand software or as a component brand software of the Software (ôMoneyö), the Online Services of the Money will expire on a certain date as set forth in this EULA. In accordance with the Microsoft Money 2004 Online Services Policy, you will not be able to use the Online Services of Money (such as the ability to automatically and online: (1) track and update your accounts and investment values inside Money 2004, (2) synchronize financial data with MSN« Money,(3) pay bills, and (4) communicate with your financial institutions) after expiration of the respective time periods specified:
o Microsoft Money 2004 Deluxe (For North America): the earlier of three (3) years after your activation of Money 2004 or September 1, 2007.
o Microsoft Money 2004 Standard (For North America): the earlier of two (2) years after your activation of Money 2004 or September 1, 2006.
ò Additional License Grant for Software Editors. If the Software contains a software editor (ôEditorö) or an Editor is made available to you by Manufacturer for use with the Software, you may use the Editor only 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 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. Neither Manufacturer nor its suppliers, including MS, grant you or any party obtaining the Files directly or indirectly through you the right to sell or otherwise distribute Files from the Software 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 or its suppliers, including MS, under the terms of this EULA, and by using the Files, you agree that any product support or warranty with respect to the Software as provided for in this EULA shall not apply to such Files.
ò Electronic Literature. If the Software contains any electronic literature documents (collectively ôElectronic Literatureö), then you may only utilize the Electronic Literature for personal noncommercial uses and you may not sell, license or otherwise distribute the Electronic Literature for value.
ò Report-Writing Runtime Software Limitations. If the Software contains report-writing runtime software (ôRuntime Softwareö), you may not use the Runtime Software with any other software application nor use the Runtime Software as part of any process or system that is used to automatically deliver, share, or distribute documents or other work created using the Runtime Software.
3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
ò Mandatory Activation. THE LICENSE RIGHTS GRANTED UNDER THIS EULA MAY BE TEMPORARY OR LIMITED TO A FINITE NUMBER OF SOFTWARE LAUNCHES UNLESS YOU ACTIVATE YOUR COPY OF THE SOFTWARE IN THE MANNER DESCRIBED DURING THE SETUP SEQUENCE OF THE SOFTWARE. You may also need to reactivate the Software if you modify the Computer or alter the Software. THERE ARE TECHNOLOGICAL MEASURES IN THIS SOFTWARE THAT ARE DESIGNED TO PREVENT UNLICENSED USE OF THE SOFTWARE. MS will use those measures to confirm you have a legally licensed copy of the Software. If you are not using a licensed copy of the Software, you are not allowed to install the Software or future Software updates. MS and MS Corporation and their affiliates will not collect any personally identifiable information from your Computer during this process.
ò Internet-Based Services. You may not use any Microsoft Internet-based services associated with the Software in any manner that could damage, disable, overburden, or impair such services or interfere with any other party's use and enjoyment of them. You may not attempt to gain unauthorized access to any service, account, computer systems or networks associated with the Internet-based services.
ò Speech/Handwriting Recognition. If the Software includes speech and/or handwriting recognition component(s), you should understand that speech and handwriting recognition are inherently statistical processes; that recognition errors are inherent in the processes; that it is your responsibility to provide for the handling of such errors and to monitor the recognition processes and correct any errors. Neither Manufacturer, MS nor their suppliers (including Microsoft Corporation), shall be liable for any damages arising out of errors in the speech and/or handwriting recognition processes.
ò 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 for which a COA is provided.
ò On-Line Services. Certain functionality of the Software may require separately acquired on-line services. Neither the Software 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.
ò Back-up Utility; Copy Protection. If Manufacturer has not included a back-up copy of the Software with the computer on physical media (e.g. CD or partitioned hard drive), you may make a single back-up copy of the Software. If the Software 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 may be permanently disabled. You may use the back-up copy solely for your archival purposes and to reinstall the Software on the computer. Except as expressly provided in this EULA or by local law, you may not otherwise make copies of the Software, including the printed materials accompanying the Software. You may not loan, rent, lease, lend, or otherwise transfer the CD or back-up copy to another user. The Software may include copy protection technology to prevent the unauthorized copying of the Software or may require original media for use of the Software on the computer or a Device. It is illegal to make unauthorized copies of the Software or to circumvent any copy protection technology included in the Software. Local law may provide you additional back-up rights.
ò No Rental, Leasing or Commercial Hosting. You may not rent, lease, lend, or provide commercial hosting services to third parties with the Software.
ò Auto Updates. You acknowledge and agree that MS, Microsoft Corporation or their subsidiaries may automatically check the version of the Software and/or its components that you are utilizing and may provide upgrades and/or supplements to the Software and/or its components that will be automatically downloaded to your computer. Your use of the Software including such upgrade and/or supplement shall be governed by this EULA.
4. RESERVATION OF RIGHTS AND OWNERSHIP. Manufacturer, MS, and their suppliers (including Microsoft Corporation) reserve all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. 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 ôapplets,ö incorporated into the Software), the accompanying printed materials, and any copies of the Software, are owned by MS or its suppliers (including Microsoft Corporation). The Software is licensed, not sold. This EULA does not grant you any rights to trademarks or service marks of Manufacturer, MS or their suppliers (including Microsoft Corporation). All title and intellectual property rights in and to the content that is not contained in the Software, but may be accessed through use of the Software, 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.
5. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
6. VERSION SELECTION.
ò Language Version Selection. Manufacturer may have elected to provide you with a selection of language versions of the Software as part of the Software setup process. In such event, you are licensed to use only one (1) of the language versions provided. Once you have used a language version, you are not licensed to use any of the other language versions that Manufacturer may have included with the Computer. Notwithstanding the preceding, if Manufacturer has elected to provide you with a Multilingual User Interface (ôMUIö) or Language Interface Pack (ôLIPö) for certain language versions with additional language version support of the Software, the preceding limitation to select and use only one (1) language version of the Software shall not apply, so long as (i) you acknowledge that the MUI or the LIP, and the language support contained therein, is a part of the Software, (ii) you only use the MUI or LIP with the Software, and (iii) you comply with all of the other terms and conditions of this EULA.
ò Multiple Processor Version Selection. The CD or diskette(s) on which the Software resides may contain several copies of the Software, 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 a single copy of the Processor Version of the Software that corresponds to the microprocessor architecture of the Computer.
ò 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 (1) 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 as described under the heading ôSoftware as a Component of the Computer - Transferö.
7. CONSENT TO USE OF DATA. You agree that MS and Microsoft Corporation and their affiliates may collect and use technical information gathered as part of the product support services provided to you, if any, related to the Software. MS, Microsoft Corporation and their affiliates may use this information solely to improve their products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.
8. LINKS TO THIRD PARTY SITES. MS, Microsoft Corporation, and Manufacturer are not responsible for the contents of any third party sites, any links contained in third party sites, or any changes or updates to third party sites or services. MS or Microsoft Corporation are providing these links and access to third party sites and services to you only as a convenience, and the inclusion of any link or access does not imply an endorsement by Manufacturer, MS or Microsoft Corporation of the third party site or service.
9. ADDITIONAL SOFTWARE/SERVICES. The terms of this EULA apply to Microsoft updates, supplements, add-on components, or Internet-based services components of the Software (ôSupplemental Componentsö) that Manufacturer, MS, Microsoft Corporation or their affiliates or subsidiaries may provide to you or make available to you after the date you obtain your initial copy of the Software, unless other terms are provided along with such Supplemental Components. If other terms are not provided along with such Supplemental Components and the Supplemental Components are provided to you by MS, Microsoft Corporation or their affiliates or subsidiaries, then you will be licensed by such entity under the same terms and conditions of this EULA, except that (i) MS, Microsoft Corporation or their affiliates or subsidiaries providing the Supplemental Components will be the licensor with respect to such Supplemental Components in lieu of the ôManufacturerö for the purposes of the EULA, and (ii) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SUPPLEMENTAL COMPONENTS AND ANY (IF ANY) SUPPORT SERVICES RELATED TO THE SUPPLEMENTAL COMPONENTS ARE PROVIDED AS IS AND WITH ALL FAULTS. SECTIONS 21, 22, and 23 BELOW REGARDING DISCLAIMER OF WARRANTIES, EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, AND CERTAIN OTHER DAMAGES, AND LIMITATION OF LIABILITY AND REMEDIES SHALL APPLY TO SUCH SUPPLEMENTAL COMPONENTS.
ò Security Updates. Certain content providers are using the digital rights management technology contained in the Software (ôDRMö) to protect the integrity of their content (ôSecure Contentö) so that their intellectual property, including copyright, in such content is not misappropriated. Portions of the Software and third party applications such as media players use DRM to play Secure Content (ôDRM Softwareö). If the DRM SoftwareÆs security has been compromised, owners of such Secure Content (ôSecure Content Ownersö) may, from time to time, request MS, Microsoft Corporation or their subsidiaries to revoke the DRM SoftwareÆs right to copy, display and/or play Secure Content. Revocation does not alter the DRM SoftwareÆs ability to play unprotected content. A list of revoked DRM Software is sent to your computer whenever you download a license for Secure Content from the Internet. You therefore agree that MS, Microsoft Corporation or their subsidiaries may, in conjunction with such license, also download revocation lists onto your computer on behalf of Secure Content Owners. MS, Microsoft Corporation or their subsidiaries will not retrieve any personally identifiable information, or any other information, from your computer by downloading such revocation lists. Secure Content Owners may also require you to upgrade some of the DRM components in the Software (ôDRM Upgradesö) before accessing their content. When you attempt to play such content, the Microsoft DRM Software will notify you that a DRM Upgrade is required and then ask for your consent before the DRM Upgrade is downloaded. Third party DRM Software may do the same. If you decline the upgrade, you will not be able to access content that requires the DRM Upgrade; however, you will still be able to access unprotected content and Secure Content that does not require the upgrade.
10. UPGRADES. If the Software is labeled as an upgrade, you must be properly licensed to use a product identified by MS or Microsoft Corporation as being eligible for the upgrade in order to use the Software (ôEligible Productö). For the purpose of upgrade products only, ôComputerö shall mean the computer system or computer system component with which you received the Eligible Product. Software labeled as an upgrade replaces or supplements (and may disable, if upgrading a Microsoft software product) the Eligible Product which came with the Computer. After upgrading, you may no longer use the Software that formed the basis for your upgrade eligibility (unless otherwise provided). You may use the resulting upgraded product only in accordance with the terms of this EULA and only with the Computer. 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 (1) Computer.
11. NOT FOR RESALE SOFTWARE. Software identified as ôNot for Resaleö or ôNFR,ö may not be sold or otherwise transferred for value, or used for any purpose other than demonstration, test, or evaluation.
12. EXPORT RESTRICTIONS. You acknowledge that the Software is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, 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/>.
13. 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 elsewhere herein. All Software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995, is provided with ôRestricted Rightsö as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
The following provisions apply to any Technical Data supplied by Navigation Technologies, Inc.
If the SOFTWARE PRODUCT is being acquired by or on behalf of the United States government or any other entity seeking or applying rights similar to those customarily claimed by the United States government, (i) for acquisitions conducted by the Department of Defense, the Navigation Technologies data included in the SOFTWARE PRODUCT (ôNavTech Dataö) is licensed with ôLimited Rightsö in accordance with the rights set forth at DFARS 252.227-7013(b)(3), TECHNICAL DATA-NONCOMMERCIAL ITEMS, and the NavTech Data delivered or otherwise furnished with ôLimited Rightsö shall be marked with the following ôLimited Rights Noticeö set forth at DFARS 252.227-7013(f)(3), and shall be treated in accordance with such Notice:
CONTRACTOR (MANUFACTURER/SUPPLIER) ADDRESS: 222 Merchandise Mart Plaza, Suite 900, Chicago, Illinois 60654
The Government's rights to use, modify, reproduce, release, perform, display, or disclose these technical data are restricted by paragraph (b)(3) of the Rights in Technical Data-Noncommercial Items clause contained in the above identified contract. Any reproduction of technical data or portions thereof marked with this legend must also reproduce the markings. Any person, other than the Government, who has been provided access to such data must promptly notify the above named Contractor.
and; (ii) for civilian agency acquisitions, the NavTech Data is licensed in accordance with the rights set forth at FAR 52.227-14(g)(1), RIGHTS IN DATA-GENERAL (Protection of limited rights data and computer software). In the event that the Contracting Officer requires the delivery of limited rights in the NavTech Data that has been withheld or would otherwise be withholdable in accordance with FAR 52.227-14(g)(1), the NavTech Data is licensed with ôLimited Rightsö as set forth in the following ôLimited Rights Noticeö at FAR 52.227-14(g)(2) (Alternate II), which shall be affixed to the SOFTWARE PRODUCT and the NavTech Data included in the SOFTWARE PRODUCT shall be treated in accordance with such Notice (which shall be marked on any reproduction of these data, in whole or in part):
LIMITED RIGHTS NOTICE (JUN 1987)
These data are submitted with limited rights under Government Contract No. _____ (and subcontract ______, if appropriate). These data may be reproduced and used by the Government with the express limitation that they will not, without written permission of the Contractor, be used for purposes of manufacture nor disclosed outside the Government; except that the Government may disclose these data outside the Government for the following purposes, if any, provided that the Government makes such disclosure subject to prohibition against further use and disclosure: There are no additional purposes permitting disclosure of such Data.
The manufacturer/supplier of the Data is Navigation Technologies Corporation, 222 Merchandise Mart Plaza, Suite 900, Chicago, Illinois 60654.
If the Contracting Officer refuses to use either of the licenses provided in (i) or (ii), herein, the Contracting Officer must notify Navigation Technologies Corporation prior to seeking additional or alternative rights in the NavTech Data.
14. NOT FAULT TOLERANT. THE SOFTWARE MAY CONTAIN TECHNOLOGY THAT IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE IN ENVIRONMENTS OR APPLICATIONS IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
15. SEPARATION OF COMPONENTS. The Software is licensed as a single product. Its component parts may not be separated for use on more than one (1) computer, including, but not limited to, any component part that is licensed under a separate end user license agreement, unless expressly permitted by this EULA.
16. SOFTWARE SUPPORT. Support for the Software is not provided by MS, Microsoft Corporation, or their affiliates or subsidiaries. For Software support, please refer to ManufacturerÆs 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.
17. TERMINATION. Without prejudice to any other rights, Manufacturer or MS 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.
18. APPLICABLE LAW. If you acquired this Software in the United States, this EULA is governed by the laws of the State of Washington. If you acquired this Software in Canada, unless expressly prohibited by local law, this EULA is governed by the laws in force in the Province of Ontario, Canada; and, in respect of any dispute, which may arise hereunder, you consent to the jurisdiction of the federal and provincial courts sitting in Toronto, Ontario. If you acquired this Software in the European Union, Iceland, Norway, or Switzerland, then local law applies. If you acquired this Software in any other country, then local law may apply.
19. ENTIRE AGREEMENT; SEVERABILITY. This EULA (including any addendum or amendment to this EULA which is included with the Software) are the entire agreement between you and Manufacturer relating to the Software and support or other services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. If any provision of this EULA is held to be void, invalid, unenforceable, or illegal, the other provisions shall continue in full force and effect.
The following Limited Warranty applies if you acquired the Software in the US or Canada:
20. LIMITED WARRANTY FOR SOFTWARE ACQUIRED IN THE US AND CANADA.
Manufacturer warrants that the Software will perform substantially in accordance with the accompanying materials for a period of ninety (90) days 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 DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY-DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND.
Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you.
Any supplements or updates to the Software, including without limitation, any (if any) service packs or hot fixes provided to you after the expiration of the ninety-day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory.
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 DAMAGES, if the Software does not meet ManufacturerÆs Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 22 (ôExclusion of Incidental, Consequential, and Certain Other Damagesö) are also incorporated into this Limited Warranty. 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 other rights, which vary from state/jurisdiction to state/jurisdiction.
YOUR EXCLUSIVE REMEDY. ManufacturerÆs and its suppliersÆ (including MSÆ, Microsoft CorporationÆs (including their subsidiaries) and their respective suppliersÆ) entire liability and your exclusive remedy for any breach of this Limited Warranty or for any other breach of this EULA or for any other liability relating to the Software shall be, at ManufacturerÆs option from time to time exercised subject to applicable law, (a) return of the amount paid (if any) for the product(s) in accordance with ManufacturerÆs return policies, or (b) repair or replacement of the Software that does not meet this Limited Warranty and that is returned to Manufacturer with the Certificate of Authenticity and a copy of your receipt at the address specified by Manufacturer. You will receive the remedy elected by Manufacturer without charge, except that you are responsible for any expenses specified in ManufacturerÆs warranty remedy documentation. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, and Manufacturer will use commercially reasonable efforts to provide your remedy within a commercially reasonable time of your compliance with ManufacturerÆs warranty remedy procedures.
21. DISCLAIMER OF WARRANTIES. The Limited Warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications. Except for the Limited Warranty and to the maximum extent permitted by applicable law, Manufacturer and its suppliers (including MS, Microsoft Corporation (including their subsidiaries) and their respective suppliers) provide the Software and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Software, and the provision of or failure to provide support or other services, information, software, and related content through the Software or otherwise arising out of the use of the Software. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.
22. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MANUFACTURER OR ITS SUPPLIERS (INCLUDING MS, MICROSOFT CORPORATION (INCLUDING THEIR SUBSIDIARIES) AND THEIR RESPECTIVE SUPPLIERS) BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY 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, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF MANUFACTURER OR ANY SUPPLIER (INCLUDING MS, MICROSOFT CORPORATION (INCLUDING THEIR SUBSIDIARIES) AND THEIR RESPECTIVE SUPPLIERS), AND EVEN IF MANUFACTURER OR ANY SUPPLIER (INCLUDING MS, MICROSOFT CORPORATION (INCLUDING THEIR SUBSIDIARIES) AND THEIR RESPECTIVE SUPPLIERS) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
23. LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), THE ENTIRE LIABILITY OF MANUFACTURER AND ANY OF ITS SUPPLIERS (INCLUDING MS, MICROSOFT CORPORATION (INCLUDING THEIR SUBSIDIARIES) AND THEIR RESPECTIVE SUPPLIERS) UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY HEREUNDER (EXCEPT FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED BY MANUFACTURER WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTY) SHALL BE LIMITED TO THE GREATER OF THE ACTUAL DAMAGES YOU INCUR IN REASONABLE RELIANCE ON THE SOFTWARE UP TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR US$5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS (INCLUDING SECTIONS 20, 21, and 22) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
Si vous avez acquis le Logiciel au CANADA, la garantie limitΘe suivante sÆapplique :
GARANTIE LIMIT╔E
Le Fabricant (identifiΘ ci-dessus en anglais comme ½ Manufacturer ╗) garantit que le Logiciel fonctionnera substantiellement en conformitΘ avec la documentation qui lÆaccompagne pour une pΘriode de quatre-vingt-dix (90) jours suivant la date de rΘception.
Si une garantie ou condition implicite est crΘΘe par votre ╔tat ou votre territoire et quÆune loi fΘdΘrale ou provinciale ou dÆun ╔tat en interdit le dΘni, vous jouissez Θgalement dÆune garantie ou condition implicite, MAIS UNIQUEMENT POUR LES D╔FAUTS D╔COUVERTS DURANT LA P╔RIODE DE LA PR╔SENTE GARANTIE LIMIT╔E (QUATRE-VINGT-DIX JOURS). IL NÆY A AUCUNE GARANTIE OU CONDITION DE QUELQUE NATURE QUE CE SOIT QUANT AUX D╔FAUTS D╔COUVERTS APR╚S CETTE P╔RIODE DE QUATRE-VINGT-DIX JOURS. Certains ╔tats ou territoires ne permettent pas de limiter la durΘe dÆune garantie ou condition implicite de sorte que la limitation ci¡dessus peut ne pas sÆappliquer α vous.
Tous les supplΘments ou toutes les mises α jour relatifs au Logiciel, notamment, les ensembles de services ou les rΘparations α chaud (le cas ΘchΘant) qui vous sont fournis aprΦs lÆexpiration de la pΘriode de quatre-vingt-dix jours de la garantie limitΘe ne sont pas couverts par quelque garantie ou condition que ce soit, expresse, implicite ou en vertu de la loi.
LIMITATION DES RECOURS; ABSENCE DE DOMMAGES INDIRECTS OU AUTRES. Votre recours exclusif pour toute violation de la prΘsente garantie limitΘe est dΘcrit ci¡aprΦs. Sauf pour tout remboursement au choix du Fabricant et dans la mesure maximale permise par le droit applicable, mΩme si tout recours nÆatteint pas son but essentiel, VOUS NÆAVEZ DROIT └ AUCUNS DOMMAGES, NOTAMMENT DES DOMMAGES INDIRECTS. Les termes de la clause ½ Exclusion des dommages accessoires, indirects et de certains autres dommages ╗ sont Θgalement intΘgrΘs α la prΘsente garantie limitΘe. Certains ╔tats ou territoires ne permettent pas lÆexclusion ou la limitation des dommages indirects ou accessoires de sorte que la limitation ou lÆexclusion ci¡dessus peut ne pas sÆappliquer α vous. La prΘsente garantie limitΘe vous donne des droits lΘgaux spΘcifiques. Vous pouvez avoir dÆautres droits qui peuvent varier dÆun territoire ou dÆun ╔tat α un autre.
VOTRE RECOURS EXCLUSIF. La seule responsabilitΘ du Fabricant et de ses fournisseurs (y compris Microsoft Licensing, Inc. (½ MS ╗), Microsoft Corporation (y compris leurs filiales) et leurs fournisseurs respectifs) et votre recours exclusif pour toute violation de la prΘsente garantie limitΘe ou pour toute autre violation du prΘsent contrat ou pour toute autre responsabilitΘ relative au Logiciel seront, selon le choix du Fabricant exercΘ de temps α autre sous rΘserve du droit applicable, a) le remboursement du prix payΘ, le cas ΘchΘant, pour le(s) produit(s) conformΘment aux politiques de retour du Fabricant, ou b) la rΘparation ou le remplacement du Logiciel qui ne respecte pas la prΘsente garantie limitΘe et qui est retournΘ au Fabricant avec le Certificat dÆauthenticitΘ et une copie de votre reτu α lÆadresse spΘcifiΘe par le Fabricant. Vous recevrez la compensation choisie par le Fabricant, sans frais, sauf que vous Ωtes responsable pour toutes dΘpenses telles que spΘcifiΘes dans la documentation du Fabricant concernant les recours en cas de garantie. La prΘsente garantie limitΘe est nulle si la dΘfectuositΘ du Logiciel est causΘe par un accident, un usage abusif, une mauvaise application, un usage anormal ou un virus. Tout Logiciel de remplacement sera garanti pour le reste de la pΘriode initiale de la garantie ou pendant trente (30) jours, selon la plus longue entre ces deux pΘriodes, et le Fabricant utilisera des efforts commercialement raisonnables pour vous fournir la compensation choisie dans un dΘlai commercialement raisonnable aprΦs que vous vous soyez conformΘ aux procΘdures du Fabricant concernant les recours en cas de garantie.
D╔NI DE GARANTIES. La garantie limitΘe qui apparaεt ci-dessus constitue la seule garantie expresse qui vous est donnΘe et remplace toutes autres garanties expresses ou obligations similaires (sÆil en est) crΘΘes par une publicitΘ, un document, un emballage ou une autre communication. Sauf en ce qui a trait α la garantie limitΘe et dans la mesure maximale permise par le droit applicable, le Fabricant et ses fournisseurs (y compris MS, Microsoft Corporation (y compris leurs filiales) et leurs fournisseurs respectifs) fournissent le Logiciel et les services de soutien technique (le cas ΘchΘant) TELS QUELS ET AVEC TOUS LES D╔FAUTS et par les prΘsentes ils dΘnient toutes autres garanties et conditions, expresses, implicites ou en vertu de la loi, notamment, mais sans limitation, (le cas ΘchΘant) les garanties, devoirs ou conditions implicites de qualitΘ marchande, dÆadaptation α une fin particuliΦre, de fiabilitΘ ou de disponibilitΘ, dÆexactitude ou dÆexhaustivitΘ des rΘponses, des rΘsultats, des efforts dΘployΘs selon les rΦgles de lÆart, dÆabsence de virus et dÆabsence de nΘgligence, le tout α lÆΘgard du Logiciel et de la prestation ou de lÆomission de la prestation des services de soutien technique ou autres services, renseignements, logiciels et contenu qui sÆy rapporte grΓce au Logiciel ou provenant autrement de lÆutilisation du Logiciel. PAR AILLEURS, IL NÆY A AUCUNE GARANTIE OU CONDITION QUANT AU TITRE DE PROPRI╔T╔, └ LA JOUISSANCE OU └ LA POSSESSION PAISIBLE, └ LA CONCORDANCE └ UNE DESCRIPTION NI QUANT └ UNE ABSENCE DE CONTREFA╟ON CONCERNANT LE LOGICIEL.
EXCLUSION DES DOMMAGES ACCESSOIRES, INDIRECTS ET DE CERTAINS AUTRES DOMMAGES. DANS LA MESURE MAXIMALE PERMISE PAR LE DROIT APPLICABLE, EN AUCUN CAS LE FABRICANT OU SES FOURNISSEURS (Y COMPRIS MS, MICROSOFT CORPORATION (Y COMPRIS LEURS FILIALES) ET LEURS FOURNISSEURS RESPECTIFS) NE SERONT RESPONSABLES DES DOMMAGES SP╔CIAUX, INCIDENTS, PUNITIFS, INDIRECTS OU ACCESSOIRES DE QUELQUE NATURE QUE CE SOIT (Y COMPRIS, MAIS SANS LIMITATION, LES DOMMAGES POUR PERTE DE PROFIT OU POUR PERTE DE RENSEIGNEMENTS, CONFIDENTIELS OU AUTRES, POUR LÆINTERRUPTION DES ACTIVIT╔S, POUR BLESSURES CORPORELLES, VIOLATION DE LA VIE PRIV╔E, OMISSION DE REMPLIR TOUT DEVOIR DE BONNE FOI OU DE SOIN RAISONNABLE, POUR N╔GLIGENCE OU POUR TOUTE AUTRE PERTE P╔CUNIAIRE OU AUTRE PERTE DE QUELQUE NATURE QUE CE SOIT) SE RAPPORTANT DE QUELQUE MANI╚RE QUE CE SOIT └ LÆUTILISATION DU LOGICIEL OU └ LÆINCAPACIT╔ DE SÆEN SERVIR, └ LA FOURNITURE OU └ LÆOMISSION DE FOURNIR DES SERVICES DE SOUTIEN TECHNIQUE OU AUTRES SERVICES, DES RENSEIGNEMENTS, LOGICIELS ET CONTENU QUI SÆY RAPPORTE GR┬CE AU LOGICIEL OU AUTREMENT EN VERTU DES TERMES DE TOUTE DISPOSITION DU PR╔SENT CONTRAT OU RELATIVEMENT └ UNE TELLE DISPOSITION, M╩ME EN CAS DE FAUTE, DE D╔LIT CIVIL (Y COMPRIS LA N╔GLIGENCE), DE FAUSSE REPR╔SENTATION, DE RESPONSABILIT╔ STRICTE, DE VIOLATION DE CONTRAT OU DE VIOLATION DE GARANTIE DU FABRICANT OU DE TOUT FOURNISSEUR (Y COMPRIS MS, MICROSOFT CORPORATION (Y COMPRIS LEURS FILIALES) ET LEURS FOURNISSEURS RESPECTIFS), ET CE, M╩ME SI LE FABRICANT OU TOUT FOURNISSEUR (Y COMPRIS MS, MICROSOFT CORPORATION (Y COMPRIS LEURS FILIALES) ET LEURS FOURNISSEURS RESPECTIFS) A ╔T╔ AVIS╔ DE LA POSSIBILIT╔ DE TELS DOMMAGES.
LIMITATION DE RESPONSABILIT╔ ET RECOURS. MALGR╔ LES DOMMAGES QUE VOUS PUISSIEZ SUBIR POUR QUELQUE MOTIF QUE CE SOIT (Y COMPRIS NOTAMMENT, MAIS SANS LIMITATION, TOUS LES DOMMAGES SUSMENTIONN╔S ET TOUS LES DOMMAGES DIRECTS OU G╔N╔RAUX, CONTRACTUELS OU AUTRES), LA SEULE RESPONSABILIT╔ DU FABRICANT ET DE LÆUN DE SES FOURNISSEURS (Y COMPRIS MS, MICROSOFT CORPORATION (Y COMPRIS LEURS FILIALES) ET LEURS FOURNISSEURS RESPECTIFS) AUX TERMES DE TOUTE DISPOSITION DU PR╔SENT CONTRAT ET VOTRE RECOURS EXCLUSIF EN VERTU DES PR╔SENTES (SAUF EN CE QUI CONCERNE TOUT RECOURS DE R╔PARATION OU DE REMPLACEMENT CHOISI PAR LE FABRICANT └ LÆ╔GARD DE TOUT MANQUEMENT └ LA GARANTIE LIMIT╔E) SE LIMITE AU PLUS ╔LEV╔ DES DOMMAGES R╔ELS QUE VOUS AVEZ SUBIS EN VOUS FIANT RAISONNABLEMENT SUR LE LOGICIEL JUSQUÆ└ CONCURRENCE DU MONTANT QUE VOUS AVEZ R╔ELLEMENT PAY╔ POUR LE LOGICIEL OU 5,00 $US. LES LIMITES, EXCLUSIONS ET D╔NIS QUI PR╔C╚DENT (Y COMPRIS LES CLAUSES CI-DESSUS) SÆAPPLIQUENT DANS LA MESURE MAXIMALE PERMISE PAR LE DROIT APPLICABLE, M╩ME SI TOUT RECOURS NÆATTEINT PAS SON BUT ESSENTIEL.
└ moins que cela ne soit prohibΘ par le droit local applicable, le prΘsent contrat est rΘgi par les lois en vigueur dans la province dÆOntario, Canada. En cas de tout diffΘrend qui pourrait surgir en vertu des prΘsentes, vous consentez α la juridiction des tribunaux fΘdΘraux et provinciaux siΘgeant α Toronto, dans la province dÆOntario.
