SUPPLEMENTAL END USER LICENSE AGREEMENT FOR MICROSOFT SOFTWARE
IMPORTANT: READ CAREFULLY - These Microsoft Corporation ("Microsoft") operating system components, including any "online" or electronic documentation ("OS Components") are subject to the terms and conditions of the agreement under which you have licensed the applicable Microsoft operating system product ("OS Product") described below (each an "End User License Agreement" or "EULA") and the terms and conditions of this Supplemental EULA. BY INSTALLING, COPYING, OR OTHERWISE USING THE OS COMPONENTS, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE APPLICABLE OS PRODUCT EULA AND THIS SUPPLEMENTAL EULA. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT INSTALL, COPY, OR USE THE OS COMPONENTS.
NOTE: IF YOU DO NOT HAVE A VALID EULA FOR ANY "OS PRODUCT" (MICROSOFT WINDOWS 95, MICROSOFT WINDOWS 98, MICROSOFT WINDOWS NT WORKSTATION 4.0, MICROSOFT WINDOWS NT SERVER 4.0, MICROSOFT WINDOWS NT SERVER, ENTERPRISE EDITION 4.0 OR MICROSOFT WINDOWS NT SERVER 4.0, TERMINAL SERVER EDITION), YOU ARE NOT AUTHORIZED TO INSTALL, COPY, OR OTHERWISE USE THE OS COMPONENTS AND YOU HAVE NO RIGHTS UNDER THIS SUPPLEMENTAL EULA.
Capitalized terms used in this Supplemental EULA and not otherwise defined herein shall have the meanings assigned to them in the applicable OS Product EULA.
General. The OS Components are provided to you by Microsoft to update, supplement, or replace existing functionality of the applicable OS Product. In the event your OS Product is a version of Windows NT Server, the OS Components are deemed "Client Software." Microsoft grants you a license to use the OS Components under the terms and conditions of the OS Product EULA for the applicable OS Product (which are hereby incorporated by reference) and the terms and conditions set forth in this Supplemental EULA, provided that you comply with all such terms and conditions. To the extent that any terms in this Supplemental EULA conflict with terms in the applicable OS Product EULA, the terms of this Supplemental EULA control solely with respect to the OS Components.
Additional Rights and Limitations.
* If you have multiple validly licensed copies of the applicable OS Product(s), you may reproduce, install, and use one copy of the Operating System Components as part of such applicable OS Product(s) on all of your computers running validly licensed copies of the OS Product(s) provided that you use such additional copies of the Operating System Components in accordance with the terms and conditions above. For each validly licensed copy of the applicable OS Product, you also may reproduce one additional copy of the Operating System Components solely for archival purposes or reinstallation of the Operating System Components on the same computer as the Operating System Components were previously installed. Microsoft retains all right, title, and interest in and to the Operating System Components. All rights not expressly granted are reserved by Microsoft.
* The OS Components may contain technology that enables applications to be shared between two or more computers, even if an application is installed on only one of the computers. You may use this technology with all Microsoft application products for multi-party conferences. For non-Microsoft applications, you should consult the accompanying license agreement or contact the licensor to determine whether application sharing is permitted by the licensor.
Note on Java Support. The OS Components 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 on-line 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.
* Subject to the distribution requirements described below, if you obtain the OS Components on a CD-ROM from Microsoft, you may redistribute sp5i386.exe, sp5alpha.exe, sp5symi.exe and sp5syma.exe separately or together (collectively "Redistributable Code"). You must verify that you are distributing the most recent version of the Redistributable Code. Check the Microsoft FTP server at ftp://ftp.microsoft.com/bussys/winnt/winnt-public/fixes/ for the latest version. If you find a more recent version of the Microsoft FTP server, you may download such files for your own use; provided, however, you may not redistribute any such files without first obtaining them on a CD-ROM from Microsoft.
DISTRIBUTION REQUIRMENTS: Microsoft grants you the non-exclusive, worldwide, royalty free, right and license to reproduce and distribute an unlimited number of copies of the Redistributable Code either for use in conjunction with your computer hardware product or with your own software product, designed to operate in conjunction with Microsoft Windows NT, provided: (a) each copy of the Redistributable Code is a true and complete copy made directly from the Microsoft CD-ROM; (b) you require any installation of the Redistributable Code to be made by running the self-extracting executable file or files; (c) you distribute the readme.txt file and \drvlib directory along with and in the same directory as any individual or group of Redistributable Code you distribute; (d) you distribute your own software product containing the Redistributable Code on a CD-ROM and pursuant to an End-User License Agreement with terms no less protective than those contained in the applicable OS Product EULA. Your End-User License Agreement may be "break-the-seal", "click-wrap" or signed; (e) you include all copyright and trademark notices contained in the Redistributable Code; (f) you do not distribute the Redistributable Code for profit; (g) you do not modify the Redistributable Code; and (h) you do not permit further redistribution of the Redistributable Code.
Export Restrictions.
You agree that you will not export or re-export the OS Componenets to any country, person, or entity subject to U.S. export restrictions. You specifically agree not to export or re-export the OS Components: (i) to any country to which the U.S. has embargoed or restricted the export of goods or services, which as of March 1999 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 OS Components back to such country; (ii) to any person or entity who you know or have reason to know will utilize the OS Components or portion thereof 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. For additional information see http://www.microsoft.com/exporting/.
Redistributable Code is a subset of the OS Components and is subject to the same Export Restrictions.
IF THE APPLICABLE OS PRODUCT WAS LICENSED TO YOU BY MICROSOFT OR ANY OF ITS WHOLLY OWNED SUBSIDIARIES, THE LIMITED WARRANTY (IF ANY) INCLUDED IN THE APPLICABLE OS PRODUCT EULA APPLIES TO THE OS COMPONENTS PROVIDED THE OS COMPONENTS HAVE BEEN LICENSED BY YOU WITHIN THE TERM OF THE LIMITED WARRANTY IN THE APPLICABLE OS PRODUCT EULA. HOWEVER, THIS SUPPLEMENTAL EULA DOES NOT EXTEND THE TIME PERIOD FOR WHICH THE LIMITED WARRANTY IS PROVIDED.
IF THE APPLICABLE OS PRODUCT WAS LICENSED TO YOU BY AN ENTITY OTHER THAN MICROSOFT OR ANY OF ITS WHOLLY OWNED SUBSIDIARIES, MICROSOFT DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE OS COMPONENT AS FOLLOWS:
DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT AND ITS SUPPLIERS PROVIDE TO YOU THE OS COMPONENTS, AND ANY (IF ANY) SUPPORT SERVICES RELATED TO THE OS COMPONENTS ("SUPPORT SERVICES") AS IS AND WITH ALL FAULTS; AND MICROSOFT AND ITS SUPPLIERS HEREBY DISCLAIM WITH RESPECT TO THE OS COMPONENTS AND SUPPORT SERVICES ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES OR CONDITIONS OF OR RELATED TO: TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE OPERATING SYSTEM COMPONENTS AND ANY SUPPORT SERVICES REMAINS WITH YOU.
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, 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 OS COMPONENTS 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 SUPPLEMENTAL EULA, EVEN IF MICROSOFT OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATION OF LIABILITY AND REMEDIES. NOT WITHSTANDING 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 MICROSOFT AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS SUPPLEMENTAL EULA AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE OPERATING SYSTEM COMPONENTS 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.
