END-USER LICENSE AGREEMENT FOR MICROSOFT(R) INTELLIPOINT SOFTWARE FOR MICROSOFT BRANDED MICE
IMPORTANT-READ CAREFULLY: BE SURE TO CAREFULLY READ AND UNDERSTAND ALL OF THE RIGHTS AND RESTRICTIONS DESCRIBED IN THIS MICROSOFT END-USER LICENSE AGREEMENT ("EULA"). YOU WILL BE ASKED TO REVIEW AND EITHER ACCEPT OR NOT ACCEPT THE TERMS OF THE EULA.THE SOFTWARE WILL NOT SET UP ON YOUR COMPUTER UNLESS OR UNTIL YOU ACCEPT THE TERMS OF THIS EULA.
YOUR CLICK OF THE "ACCEPT" BUTTON IS A SYMBOL OF YOUR SIGNATURE THAT YOU ACCEPT THE TERMS OF THE EULA. 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.
FOR YOUR REFERENCE, YOU MAY PRINT THE TEXT OF THIS EULA FROM THIS PAGE NOW, OR REFER TO THE COPY OF THIS EULA THAT CAN BE FOUND IN THE LEGAL INFORMATION SECTION OF THE USER'S GUIDE IN THIS SOFTWARE. YOU MAY ALSO RECEIVE A COPY OF THIS EULA BY CONTACTING THE MICROSOFT SUBSIDIARY SERVING YOUR COUNTRY, OR WRITE: MICROSOFT SALES INFORMATION CENTER; ONE MICROSOFT WAY; REDMOND, WA 98052-6399.
THIS 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"). THIS EULA IS VALID AND GRANTS THE END-USER LICENSE RIGHTS ONLY IF THE SOFTWARE IS GENUINE MICROSOFT 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 BE BOUND BY 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 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:
SOFTWARE INSTALLATION AND USE. Except as otherwise expressly provided in this EULA, you may only install, use, access, run, or otherwise interact with ("Run") one copy of the SOFTWARE on a single computer, workstation, terminal, handheld PC, pager, "smart phone", or other digital electronic device ("Computer") to which the enclosed Hardware Device is attached. The SOFTWARE may not be installed, accessed, displayed, run, shared or used concurrently on or from different computers, including a workstation, terminal or other digital electronic device.
STORAGE/NETWORK USE. YOU MAY STORE OR INSTALL A COPY OF THE SOFTWARE ON A STORAGE DEVICE, SUCH AS A NETWORK SERVER, USED ONLY TO 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 RUN FROM THE STORAGE DEVICE, AND EACH SUCH COMPUTER MUST USE THE ENCLOSED HARDWARE DEVICE IN CONJUNCTION WITH THE SOFTWARE.
BACK-UP COPY. After installation of one copy of the SOFTWARE pursuant to this EULA, you may keep the original media on which the SOFTWARE was provided solely for backup or archival purposes. If the original media is required to use the SOFTWARE on the Computer, you may make one copy of the SOFTWARE solely for backup or archival purposes. It is illegal to make unauthorized copies of the SOFTWARE or to circumvent any copy protection technology employed in the SOFTWARE.
BACK-UP UTILITY. If the SOFTWARE includes a Microsoft back-up utility you may use the utility to make the single back-up copy, and after the single back-up copy is made, the backup utility will be permanently disabled. Except as expressly provided in this EULA, you may not otherwise make copies of the SOFTWARE or the printed materials accompanying the SOFTWARE.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
SPEECH RECOGNITION. If the SOFTWARE includes a speech recognition component, it should be understood by you that speech recognition is inherently a statistical process; that recognition errors are inherent in the process of speech recognition, that it is your responsibility to provide for handling such errors and to monitor the speech recognition process and correct any errors. NEITHER MICROSOFT NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DAMAGES ARISING OUT OF ERRORS IN THE SPEECH RECOGNITION PROCESS.
APPLICATION SHARING. The SOFTWARE may contain Microsoft(r) NetMeeting(r), a product 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.
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 ("Processor Version(s)"). You may install and use only one copy of one Processor Version of the SOFTWARE on the Computer.
LANGUAGE VERSION SELECTION. Microsoft may have elected to provide you with a selection of language versions for one or more of the Microsoft software products licensed under this EULA. If the SOFTWARE is included in more than one language version, you are licensed to use only one of the language versions on your Computer at a time. As part of the setup process for the SOFTWARE you will be given an option to select a language version for set up on the Computer.
OPERATING SYSTEM UPGRADES. THE SOFTWARE MAY CONTAIN SYSTEMS COMPONENTS SOFTWARE UPGRADES REQUIRED FOR PROPER OPERATION OF THE SOFTWARE. ANY SUCH SYSTEMS SOFTWARE UPGRADES ARE LICENSED TO YOU PURSUANT TO THE TERMS AND CONDITIONS AS PROVIDED IN YOUR LICENSE TO THE OPERATING SYSTEM UNLESS A SEPARATE END USER LICENSE AGREEMENT IS PROVIDED TO YOU WITH SUCH UPGRADES, IN WHICH CASE SUCH SEPARATE AGREEMENT GOVERNS YOUR USE OF THE UPGRADES.
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.
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.
SINGLE COMPUTER. The SOFTWARE is licensed with the Hardware Device as a single integrated product. The SOFTWARE may only be used with the Hardware Device as set forth in this EULA.
SINGLE EULA. This 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.
SOFTWARE TRANSFER. You may permanently transfer all of your rights under this EULA only as part of a transfer of the Hardware Device, 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 your rights under 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.
TRADEMARKS. This EULA does not grant you any rights in connection with any trademarks or service marks of Microsoft or its suppliers.
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 intellectual property rights 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. All title and intellectual property rights in and to the content which is not contained in the SOFTWARE but may be accessed through use of the SOFTWARE is the product of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. Use of any on-line services which may be accessed through the SOFTWARE may be governed by the respective terms of use relating to such services. If this SOFTWARE contains documentation which is provided only in electronic form, you may print one copy of such electronic documentation. You may not copy the printed materials accompanying the Hardware Device and SOFTWARE. All rights not specifically granted under this EULA are reserved by Microsoft and its suppliers.
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 Run 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 entire SOFTWARE and Hardware Device as described under the Section "Software Transfer".
5. EXPORT RESTRICTIONS. You acknowledge that the SOFTWARE licensed under this EULA is of U.S. origin. 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 country destination restrictions issued by U.S. and other export authorities. For additional information on exporting Microsoft products, see: http://www.microsoft.com/exporting/.
6. NOTE ON JAVA TECHNOLOGY. The SOFTWARE 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.
7. 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 non-infringement in 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 MIICROSOFT 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.
9. 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.
10. 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) under normal use and service the Microsoft Mouse product you acquired will be substantially free from defects in materials and workmanship and will perform substantially in accordance with the Mouse documentation from the day you acquired the Mouse and during the stated Warranty Period. The Warranty Period for the particular Microsoft Mouse product you acquired is noted below. 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 any paint on the Mouse.
You also have an implied warranty and/or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE STATED WARRANTY PERIOD, 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 STATED WARRANTY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. 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.
MICROSOFT MOUSE: Basic Mouse; Wheel Mouse; and Wheel Mouse Optical WARRANTY PERIOD: 2 years
MICROSOFT MOUSE: Mouse 2.0; IntelliMouse; IntelliMouse Trackball; Cordless Wheel Mouse; and Trackball Optical WARRANTY PERIOD: 3 years
MICROSOFT MOUSE: IntelliMouse Pro; IntelliMouse with IntelliEye; IntelliMouse Optical; and Trackball Explorer WARRANTY PERIOD: 5 years
MICROSOFT MOUSE: IntelliMouse Explorer WARRANTY PERIOD: Limited Lifetime*
*(Limited Lifetime warranty means for the average life of a Mouse product of that type.)
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. 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 Mouse 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 the Mouse, 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, Microsoft's and its suppliers' entire liability and your exclusive remedy (a) for the first ninety (90) days after acquisition of the SOFTWARE shall be replacement of the SOFTWARE that does not meet the Limited Warranty; and (b) with respect to the Mouse during the Warranty Period* shall be, at Microsoft's option, either (i) return of the price paid (if any) for, or (ii) replacement of, the Mouse that does not meet this Limited Warranty and which is returned to Microsoft with a copy of your receipt of purchase. 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). This Limited Warranty is void if failure of the SOFTWARE or Microsoft Mouse 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 Microsoft Mouse device will be warranted for the remainder of the initial Warranty 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
*LIMITED LIFETIME WARRANTY REMEDY: For those Mouse products carrying a Limited Lifetime Warranty Period, after the initial five-year period from the date you acquired such a Mouse, your exclusive remedy is the replacement of the Mouse with a then-current Microsoft Mouse 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.
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.
