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- 180 DAY LICENSE
-
- This is a legal agreement ("Agreement") between you (either an
- individual or an entity), the end user ("Recipient"), and
- Microsoft Corporation ("Microsoft"). BY INSTALLING, COPYING OR
- OTHERWISE USING THE PRODUCT (AS DEFINED
- BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF
- THIS AGREEMENT. IF YOU DO NOT AGREE TO THE
- TERMS OF THIS AGREEMENT, DO NOT INSTALL, COPY
- OR USE THE PRODUCT.
-
- MICROSOFT LICENSE AND NON-DISCLOSURE
- AGREEMENT FOR PRE-RELEASE CODE for the
- Microsoft Product code-named "Whistler"
-
- 1. GRANT OF LICENSE FOR DUAL DISTRIBUTION.
-
- (a) Microsoft may provide the software accompanying this
- Agreement (the "Product") as a web-based download or on a
- CD-ROM. Microsoft grants Recipient a limited, non
- -exclusive, nontransferable, non-assignable, royalty-free
- license to install and use copies of the Product on up to
- one (1) computers residing on Recipient's premises,
- solely for Recipient's internal testing. The foregoing
- limit is aggregate and applies regardless of how many
- copies of the Product Recipient obtains from Microsoft.
- If Recipient is downloading the Product from a Microsoft
- web site, Recipient may make one (1) additional copy of
- the Product onto a CD-ROM to exercise the rights granted
- above. All other rights are reserved to Microsoft.
- Recipient shall not rent, lease, sell, sublicense,
- assign, or otherwise transfer the Product or any
- accompanying printed materials ("Documentation").
- Recipient may not reverse engineer or decompile the
- Product, except to the extent that local law expressly
- prohibits the foregoing restriction. Recipient may not
- use the Product in a live operating environment where it
- may be relied upon to perform in the same manner as a
- commercially released product or with data that has not
- been sufficiently backed up. Recipient may not use the
- Product for benchmark or performance testing. Microsoft
- and its suppliers shall retain title and all ownership
- rights to the Product, and this Agreement shall not be
- construed in any manner as transferring any rights of
- ownership or license to the Product or to the features or
- information therein, except as specifically stated
- herein.
-
- (b) Mandatory Activation. The license rights granted under
- this EULA may be limited to the first fourteen (14) days
- after Recipient first boots the Software Product unless
- Recipient activates Recipient's copy of the Software
- Product in the manner described during the setup sequence
- of the Software Product and, as a result of such
- activation, Recipient receives a final confirmation
- number for the Software Product. Any use of the Software
- Product after the fourteenth (14th) day will require
- Recipient's input of such confirmation number.
-
- (c) RECIPIENT'S RIGHT TO USE THE PRODUCT
- SHALL BE EFFECTIVE FROM THE DATE
- RECIPIENT FIRST INSTALLS ANY PORTION
- OF THE PRODUCT ON ANY DEVICE FOR A
- PERIOD OF ONE HUNDRED EIGHTY (180)
- DAYS. THE PRODUCT IS TIME SENSITIVE
- AND WILL NOT FUNCTION UPON EXPIRATION
- OF THE 180 DAY PERIOD. NOTICE OF
- EXPIRATION WILL NOT ACTIVELY BE
- GIVEN, SO RECIPIENT NEEDS TO PLAN FOR
- THE EXPIRATION DATE AND MAKE A COPY
- OF AND REMOVE RECIPIENT'S IMPORTANT
- DATA BEFORE EXPIRATION. If Recipient
- desires to use the Product after evaluation is completed,
- Recipient will need to acquire a validly licensed copy of
- the non-evaluation version of the Product.
-
- (d) At Microsoft's request, Recipient agrees to provide
- reasonable feedback to Microsoft, including but not
- limited to usability, bug reports and test results, with
- respect to the testing of the Product. In addition, if
- requested by Microsoft, Recipient will use reasonable
- efforts to review and comment on all documentation
- supplied. All bug reports, test results and other
- feedback made by Recipient shall be the property of
- Microsoft and may be used by Microsoft for any purpose it
- sees fit. Due to the nature of the development work,
- Microsoft is not certain if errors or discrepancies in
- the Product may be corrected.
-
- (e) Recipient's use of the Product shall take place solely at
- Recipient's site. Recipient may not demonstrate or show
- the Product to third parties without the express written
- permission of Microsoft.
-
- (f) Recipient's use of software applications installed on or
- accessed through the Product's IntelliMirror, Terminal
- Services, or application-sharing functionality may
- require additional licenses - please consult the license
- agreement accompanying such software.
-
- 2. TERM OF AGREEMENT. The term of this Agreement shall commence
- upon Recipient's copying, installing or using the Product
- and shall continue unless terminated by Microsoft in
- writing at any time, with or without cause. This
- Agreement will terminate without notice upon the
- commercial release of the Product. Upon the termination
- of this Agreement, Recipient shall cease use of the
- Product and, upon request, shall promptly return to
- Microsoft, or certify destruction of, all full or partial
- copies of the Product and related materials provided by
- Microsoft.
-
- 3. SUPPORT. Microsoft is not obligated to provide technical or
- other support for the Product. However, limited
- technical support ("Support Services"), if noted in the
- materials provided to Recipient by Microsoft, may be
- available. Use of any such Support Services is governed
- by the Microsoft policies and programs described in
- "online" documentation, and/or in other Microsoft-provided
- materials. Any supplemental software code provided to
- Recipient as part of the Support Services shall be
- considered part of the Product and subject to the terms
- and conditions of this Agreement. With respect to
- technical information Recipient provides 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 Recipient. Such limited Support
- Services may not be available in all countries outside
- the United States and will be discontinued once the
- Product is commercially released.
-
- 4. MAINTENANCE. Microsoft is not obligated to provide
- maintenance, technical support, or updates to Recipient
- for Product licensed under this Agreement. In no event
- shall Microsoft be obligated to provide Recipient, free
- of charge, a copy of the commercial release version of
- the Product in connection with Recipient's participation
- in the testing program. Microsoft is not obligated to
- make the Product commercially available.
-
- 5. DISCLAIMER OF WARRANTIES. To the maximum
- extent permitted by applicable law, Microsoft and its
- suppliers provide to Recipient the Product and Support
- Services AS IS AND WITH ALL FAULTS;
- and Microsoft and its suppliers hereby disclaim with
- respect to the Product and Support Services all
- warranties and conditions, whether express, implied or
- statutory, including, but not limited to, any (if any)
- warranties, duties or conditions of or related to:
- merchantability, fitness for a particular purpose, lack
- of viruses, accuracy or completeness of responses,
- results, workmanlike effort and lack of negligence. ALSO
- THERE IS NO WARRANTY, DUTY OR
- CONDITION OF TITLE, QUIET ENJOYMENT,
- QUIET POSSESSION, CORRESPONDENCE TO
- DESCRIPTION OR NON-INFRINGEMENT. THE
- ENTIRE RISK ARISING OUT OF USE OR
- PERFORMANCE OF THE PRODUCT AND ANY
- SUPPORT SERVICES REMAINS WITH
- RECIPIENT.
-
- 6. 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,
- INDIRECT, PUNITIVE OR CONSEQUENTIAL
- DAMAGES WHATSOEVER (INCLUDING, BUT
- NOT LIMITED TO, DAMAGES FOR: LOSS OF
- PROFITS, LOSS OF CONFIDENTIAL OR
- OTHER INFORMATION, BUSINESS
- INTERRUPTION, PERSONAL INJURY, LOSS
- OF PRIVACY, FAILURE TO MEET ANY DUTY
- (INCLUDING OF GOOD FAITH OR OF
- REASONABLE CARE), NEGLIGENCE, AND ANY
- OTHER PECUNIARY OR OTHER LOSS
- WHATSOEVER) ARISING OUT OF OR IN ANY
- WAY RELATED TO THE USE OF OR
- INABILITY TO USE THE PRODUCT OR THE
- SUPPORT SERVICES, OR THE PROVISION OF
- OR FAILURE TO PROVIDE SUPPORT
- SERVICES, OR OTHERWISE UNDER OR IN
- CONNECTION WITH ANY PROVISION OF THIS
- AGREEMENT, EVEN IF MICROSOFT OR ANY
- SUPPLIER HAS BEEN ADVISED OF THE
- POSSIBILITY OF SUCH DAMAGES.
-
- 7. LIMITATION OF LIABILITY AND REMEDIES.
- Notwithstanding any damages that Recipient might incur
- for any reason whatsoever (including, without limitation,
- all damages referenced above and all direct or general
- damages), the entire liability of Microsoft and any of
- its suppliers under any provision of this Agreement and
- your exclusive remedy for all of the foregoing shall be
- limited to actual damages incurred by Recipient based on
- reasonable reliance up to the greater of the amount
- actually paid by Recipient for the Product or U.S.$5.00.
- The foregoing limitations, exclusions and disclaimers
- shall apply to the maximum extent permitted by applicable
- law, even if any remedy fails its essential purpose.
-
- 8. NOTE ON JAVA SUPPORT. THE SOFTWARE
- PRODUCT MAY CONTAIN SUPPORT FOR
- PROGRAMS WRITTEN IN JAVA. JAVA
- TECHNOLOGY IS NOT FAULT TOLERANT AND
- IS NOT DESIGNED, MANUFACTURED, OR
- INTENDED FOR USE OR RESALE AS ONLINE
- CONTROL EQUIPMENT IN HAZARDOUS
- ENVIRONMENTS REQUIRING FAIL-SAFE
- PERFORMANCE, SUCH AS IN THE OPERATION
- OF NUCLEAR FACILITIES, AIRCRAFT
- NAVIGATION OR COMMUNICATION SYSTEMS,
- AIR TRAFFIC CONTROL, DIRECT LIFE
- SUPPORT MACHINES, OR WEAPONS SYSTEMS,
- IN WHICH THE FAILURE OF JAVA
- TECHNOLOGY COULD LEAD DIRECTLY TO
- DEATH, PERSONAL INJURY, OR SEVERE
- PHYSICAL OR ENVIRONMENTAL DAMAGE.
- Sun Microsystems, Inc. has contractually obligated
- Microsoft to make this disclaimer.
-
- 9. GOVERNING LAW; ATTORNEYS' FEES. This
- Agreement shall be construed and controlled by the laws
- of the State of Washington, and Recipient consents to the
- jurisdiction and venue in the federal courts sitting in
- King County, Washington, unless no federal subject matter
- jurisdiction exists, in which case Recipient consents to
- the jurisdiction and venue in the Superior Court of King
- County, Washington. Recipient waives all defenses of
- lack of personal jurisdiction and forum non conveniens.
- Process may be served on either party in the manner
- authorized by applicable law or court rule. If either
- Microsoft or Recipient employs attorneys to enforce any
- rights arising out of or relating to this Agreement, the
- prevailing party shall be entitled to recover reasonable
- attorneys' fees.
-
- 10. U.S. GOVERNMENT RESTRICTED RIGHTS. The
- Product and Documentation provided to the U.S. Government
- pursuant to solicitations issued on or after December 1,
- 1995 is provided with the commercial rights and
- restrictions described elsewhere herein. Product and
- Documentation 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 FAR, 48 CFR 252.227-7013
- (OCT 1988), as applicable.
-
- 11. EXPORT RESTRICTIONS. Recipient
- acknowledges that the Product is subject to U.S. export
- jurisdiction. Recipient agrees to comply with all
- applicable international and national laws that apply to
- these products, including the U.S. Export Administration
- Regulations, as well as end-user, end-use and country
- destination restrictions issued by U.S. and other
- governments. For additional information on exporting
- Microsoft products, see
- http://www.microsoft.com/exporting/.
-
- Should you have any questions concerning this Agreement, or if
- you desire to contact Microsoft for any reason, please write:
- Microsoft Corporation, WWPG Beta Team, One Microsoft Way,
- Redmond, WA 98052-6399.
-
- EULAID:WB2.3_PERPRO_STD_EN