XP Pro EULA
Microsoft Windows XP Professional
END-USER LICENSE AGREEMENT
IMPORTANT—READ
CAREFULLY: This End-User License Agreement (“EULA”)
is a legal agreement
between you (either an individual or a single entity) and Microsoft Corporation for the Microsoft software
product identified above, which includes computer software and may include associated media, printed
materials, “online” or electronic documentation, and Internet-based services (“Product”). An amendment or
addendum to this EULA may accompany the Product. YOU AGREE TO BE BOUND BY THE TERMS OF THIS
EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE PRODUCT. IF YOU DO NOT AGREE, DO
NOT INSTALL OR USE THE PRODUCT; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A
FULL REFUND.
1. GRANT OF LICENSE. Microsoft grants you the following rights provided that you comply with all terms and
conditions of this EULA:
• Installation and use. You may install, use, access, display and run one copy of the Product on a single computer,
such as a workstation, terminal or other device (“Workstation Computer”). The Product may not be used by
more than two (2) processors at any one time on any single Workstation Computer. You may permit a maximum
of ten (10) computers or other electronic devices (each a “Device”) to connect to the Workstation Computer to
utilize the services of the Product solely for File and Print services, Internet Information Services, and remote
access (including connection sharing and telephony services). The ten connection maximum includes any indirect
connections made through “multiplexing” or other software or hardware which pools or aggregates connections.
Except as otherwise permitted by the NetMeeting, Remote Assistance, and Remote Desktop features described
below, you may not use the Product to permit any Device to use, access, display or run other executable software
residing on the Workstation Computer, nor may you permit any Device to use, access, display, or run the Product
or Product’s user interface, unless the Device has a separate license for the Product.
• Mandatory Activation. The license rights granted under this EULA are limited to the first thirty (30) days after
you first install the Product unless you supply information required to activate your licensed copy in the
manner described during the setup sequence of the Product. You can activate the Product through the use of
the Internet or telephone; toll charges may apply. You may also need to reactivate the Product if you modify your
computer hardware or alter the Product. There are technological measures in this Product that are designed to
prevent unlicensed or illegal use of the Product. You agree that we may use those measures.
• Storage/Network Use. You may also store or install a copy of the Product on a storage device, such as a network
server, used only to install or run the Product on your other Workstation Computers over an internal network;
however, you must acquire and dedicate an additional license for each separate Workstation Computer on or
from which the Product is installed, used, accessed, displayed or run. A license for the Product may not be shared or
used concurrently on different Workstation Computers.
• Reservation of Rights. Microsoft reserves all rights not expressly granted to you in this EULA.
2. UPGRADES. To use a Product identified as an upgrade, you must first be licensed for the product identified by
Microsoft as eligible for the upgrade. After upgrading, you may no longer use the product that formed the basis
for your upgrade eligibility.
3. ADDITIONAL SOFTWARE/SERVICES. This EULA applies to updates, supplements, add-on components, or
Internet-based services components, of the Product that Microsoft may provide to you or make available to you
after the date you obtain your initial copy of the Product, unless we provide other terms along with the update,
supplement, add-on component, or Internet-based services component. Microsoft reserves the right to
discontinue any Internet-based services provided to you or made available to you through the use of the Product.
This EULA does not grant you any rights to use the Windows Media Format Software Development Kit
(“WMFSDK”) components contained in the Product to develop a software application that uses Windows Media
technology. If you wish to use the WMFSDK to develop such an application, visit
http://msdn.microsoft.com/workshop/imedia/windowsmedia/sdk/wmsdk.asp, accept a separate license for the
WMFSDK, download the appropriate WMFSDK, and install it on your system.
4. TRANSFER—Internal. You may move the Product to a different Workstation Computer. After the transfer, you
must completely remove the Product from the former Workstation Computer. Transfer to Third Party. The initial
user of the Product may make a one-time transfer of the Product to another end user. The transfer has to include
all component parts, media, printed materials, this EULA, and if applicable, the Certificate of Authenticity. The
transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the
transferred Product must agree to all the EULA terms. No Rental. You may not rent, lease, lend or provide
commercial hosting services to third parties with the Product.
07/27/2001 54834.1
5. LIMITATION ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not
reverse engineer, decompile, or disassemble the Product, except and only to the extent that it is expressly
permitted by applicable law notwithstanding this limitation.
6. TERMINATION. Without prejudice to any other rights, Microsoft may cancel this EULA if you do not abide by
the terms and conditions of this EULA, in which case you must destroy all copies of the Product and all of its
component parts.
7. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
• NetMeeting/Remote Assistance/Remote Desktop Features. The Product contains NetMeeting, Remote
Assistance, and Remote Desktop technologies that enable the Product or other applications installed on the
Workstation Computer to be used remotely between two or more computers, even if the Product or application is
installed on only one Workstation Computer. You may use NetMeeting, Remote Assistance, and Remote Desktop
with all Microsoft products; provided however, use of these technologies with certain Microsoft products may
require an additional license. For Microsoft and non-Microsoft products, you should consult the license
agreement accompanying the applicable product or contact the applicable licensor to determine whether use of
NetMeeting, Remote Assistance, or Remote Desktop is permitted without an additional license.
• Consent to Use of Data. You agree that Microsoft and its affiliates may collect and use technical information
gathered in any manner as part of the product support services provided to you, if any, related to the Product.
Microsoft may use this information solely to improve our products or to provide customized services or
technologies to you. Microsoft may disclose this information to others, but not in a form that personally identifies
you.
• Internet Gaming/Update Features. If you choose to utilize the Internet gaming or update features within the
Product, it is necessary to use certain computer system, hardware, and software information to implement the
features. By using these features, you explicitly authorize Microsoft or its designated agent to access and utilize
the necessary information for Internet gaming and/or updating purposes. Microsoft may use this information
solely to improve our products or to provide customized services or technologies to you. Microsoft may disclose
this information to others, but not in a form that personally identifies you.
• Internet-Based Services Components. The Product contains components that enable and facilitate the use of
certain Internet-based services. You acknowledge and agree that Microsoft may automatically check the version
of the Product and/or its components that you are utilizing and may provide upgrades or fixes to the Product
that will be automatically downloaded to your Workstation Computer.
• Security Updates. Content providers are using the digital rights management technology (“Microsoft DRM”)
contained in this Product to protect the integrity of their content (“Secure Content”) so that their intellectual
property, including copyright, in such content is not misappropriated. Owners of such Secure Content (“Secure
Content Owners”) may, from time to time, request Microsoft to provide security related updates to the Microsoft
DRM components of the Product (“Security Updates”) that may affect your ability to copy, display and/or play
Secure Content through Microsoft software or third party applications that utilize Microsoft DRM. You therefore
agree that, if you elect to download a license from the Internet which enables your use of Secure Content,
Microsoft may, in conjunction with such license, also download onto your computer such Security Updates
that a Secure Content Owner has requested that Microsoft distribute. Microsoft will not retrieve any personally
identifiable information, or any other information, from your computer by downloading such Security Updates.
8. NOT FOR RESALE SOFTWARE. Product identified as “Not for Resale” or “NFR,” may not be resold,
transferred or used for any purpose other than demonstration, test or evaluation.
9. ACADEMIC EDITION SOFTWARE. To use Product identified as “Academic Edition” or “AE,” you must be a
“Qualified Educational User.” For qualification-related questions, please contact the Microsoft Sales Information
Center/One Microsoft Way/Redmond, WA 98052-6399 or the Microsoft subsidiary serving your country.
10. EXPORT RESTRICTIONS.
You acknowledge that the Product is of U.S. origin and subject to U.S. export jurisdiction. You agree to comply
with all applicable international and national laws that apply to the Product, 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/>.
07/27/2001 54834.1
11. LIMITED WARRANTY FOR PRODUCT ACQUIRED IN THE US AND CANADA.
Microsoft warrants that the Product will perform substantially in accordance with the accompanying
materials for a period of ninety 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 (90) 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 Product, 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
Microsoft, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO
CONSEQUENTIAL DAMAGES, if the Product does not meet Microsoft’s Limited Warranty, and, to the
maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms
of Section 13 below (“Exclusion of Incidental, Consequential and Certain Other Damages”) 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 others which vary from state/jurisdiction
to state/jurisdiction. YOUR EXCLUSIVE REMEDY. Microsoft’s and its suppliers’ entire liability and your
exclusive remedy shall be, at Microsoft’s option from time to time exercised subject to applicable law,
(a) return of the price paid (if any) for the Product, or (b) repair or replacement of the Product, that does not
meet this Limited Warranty and that is returned to Microsoft with a copy of your receipt. 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 shipping the Product to Microsoft). This Limited Warranty is void if failure of the Product
has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Product will
be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
Outside the United States or Canada, neither these remedies nor any product support services offered by
Microsoft are available without proof of purchase from an authorized international source. To exercise
your remedy, contact: Microsoft, Attn. Microsoft Sales Information Center/One Microsoft Way/Redmond,
WA 98052-6399, or the Microsoft subsidiary serving your country.
LIMITED WARRANTY FOR PRODUCT ACQUIRED OUTSIDE THE US OR CANADA.
FOR THE LIMITED WARRANTIES AND SPECIAL PROVISIONS PERTAINING TO YOUR
PARTICULAR JURISDICTION, PLEASE REFER TO YOUR WARRANTY BOOKLET INCLUDED
WITH THIS PACKAGE OR PROVIDED WITH THE SOFTWARE PRODUCT PRINTED
MATERIALS.
12. 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 (if any) created by any documentation, packaging,
or other communications. Except for the Limited Warranty and to the maximum extent permitted by applicable
law, Microsoft and its suppliers provide the Product and support services (if any) 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, 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 Product, and
the provision of or failure to provide support or other services, information, software, and related content
through the Product or otherwise arising out of the use of the Product. ALSO, THERE IS NO WARRANTY
OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO
DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE PRODUCT.
13. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT OR ITS
07/27/2001 54834.1
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 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 PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES,
INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE PRODUCT OR OTHERWISE
ARISING OUT OF THE USE OF THE PRODUCT, OR OTHERWISE UNDER OR IN CONNECTION WITH
ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF
MICROSOFT OR ANY SUPPLIER, AND EVEN IF MICROSOFT OR ANY SUPPLIER HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
14. LINKS TO THIRD PARTY SITES. You may link to third party sites through the use of the Product. The third
party sites are not under the control of Microsoft, and Microsoft is 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. Microsoft is not
responsible for webcasting or any other form of transmission received from any third party sites. Microsoft is
providing these links to third party sites to you only as a convenience, and the inclusion of any link does not
imply an endorsement by Microsoft of the third party site.
15. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding 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 EULA and your
exclusive remedy for all of the foregoing (except for any remedy of repair or replacement elected by Microsoft
with respect to any breach of the Limited Warranty) shall be limited to the greater of the amount actually paid
by you for the Product or U.S.$5.00. The foregoing limitations, exclusions and disclaimers (including Sections
11, 12 and 13 above) shall apply to the maximum extent permitted by applicable law, even if any remedy fails
its essential purpose.
16. U.S. GOVERNMENT LICENSE RIGHTS. All Product 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 Product 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
DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
17. APPLICABLE LAW. If you acquired this Product in the United States, this EULA is governed by the laws of the
State of Washington. If you acquired this Product 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
this Product was acquired outside the United States, then local law may apply.
18. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which is included
with the Product) are the entire agreement between you and Microsoft relating to the Product and the support
services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals
and representations with respect to the Product or any other subject matter covered by this EULA. To the
extent the terms of any Microsoft policies or programs for support services conflict with the terms of this
EULA, the terms of this EULA shall control.
19. The Product is protected by copyright and other intellectual property laws and treaties. Microsoft or its suppliers
own the title, copyright, and other intellectual property rights in the Product. The Product is licensed, not sold.
between you (either an individual or a single entity) and Microsoft Corporation for the Microsoft software
product identified above, which includes computer software and may include associated media, printed
materials, “online” or electronic documentation, and Internet-based services (“Product”). An amendment or
addendum to this EULA may accompany the Product. YOU AGREE TO BE BOUND BY THE TERMS OF THIS
EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE PRODUCT. IF YOU DO NOT AGREE, DO
NOT INSTALL OR USE THE PRODUCT; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A
FULL REFUND.
1. GRANT OF LICENSE. Microsoft grants you the following rights provided that you comply with all terms and
conditions of this EULA:
• Installation and use. You may install, use, access, display and run one copy of the Product on a single computer,
such as a workstation, terminal or other device (“Workstation Computer”). The Product may not be used by
more than two (2) processors at any one time on any single Workstation Computer. You may permit a maximum
of ten (10) computers or other electronic devices (each a “Device”) to connect to the Workstation Computer to
utilize the services of the Product solely for File and Print services, Internet Information Services, and remote
access (including connection sharing and telephony services). The ten connection maximum includes any indirect
connections made through “multiplexing” or other software or hardware which pools or aggregates connections.
Except as otherwise permitted by the NetMeeting, Remote Assistance, and Remote Desktop features described
below, you may not use the Product to permit any Device to use, access, display or run other executable software
residing on the Workstation Computer, nor may you permit any Device to use, access, display, or run the Product
or Product’s user interface, unless the Device has a separate license for the Product.
• Mandatory Activation. The license rights granted under this EULA are limited to the first thirty (30) days after
you first install the Product unless you supply information required to activate your licensed copy in the
manner described during the setup sequence of the Product. You can activate the Product through the use of
the Internet or telephone; toll charges may apply. You may also need to reactivate the Product if you modify your
computer hardware or alter the Product. There are technological measures in this Product that are designed to
prevent unlicensed or illegal use of the Product. You agree that we may use those measures.
• Storage/Network Use. You may also store or install a copy of the Product on a storage device, such as a network
server, used only to install or run the Product on your other Workstation Computers over an internal network;
however, you must acquire and dedicate an additional license for each separate Workstation Computer on or
from which the Product is installed, used, accessed, displayed or run. A license for the Product may not be shared or
used concurrently on different Workstation Computers.
• Reservation of Rights. Microsoft reserves all rights not expressly granted to you in this EULA.
2. UPGRADES. To use a Product identified as an upgrade, you must first be licensed for the product identified by
Microsoft as eligible for the upgrade. After upgrading, you may no longer use the product that formed the basis
for your upgrade eligibility.
3. ADDITIONAL SOFTWARE/SERVICES. This EULA applies to updates, supplements, add-on components, or
Internet-based services components, of the Product that Microsoft may provide to you or make available to you
after the date you obtain your initial copy of the Product, unless we provide other terms along with the update,
supplement, add-on component, or Internet-based services component. Microsoft reserves the right to
discontinue any Internet-based services provided to you or made available to you through the use of the Product.
This EULA does not grant you any rights to use the Windows Media Format Software Development Kit
(“WMFSDK”) components contained in the Product to develop a software application that uses Windows Media
technology. If you wish to use the WMFSDK to develop such an application, visit
http://msdn.microsoft.com/workshop/imedia/windowsmedia/sdk/wmsdk.asp, accept a separate license for the
WMFSDK, download the appropriate WMFSDK, and install it on your system.
4. TRANSFER—Internal. You may move the Product to a different Workstation Computer. After the transfer, you
must completely remove the Product from the former Workstation Computer. Transfer to Third Party. The initial
user of the Product may make a one-time transfer of the Product to another end user. The transfer has to include
all component parts, media, printed materials, this EULA, and if applicable, the Certificate of Authenticity. The
transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the
transferred Product must agree to all the EULA terms. No Rental. You may not rent, lease, lend or provide
commercial hosting services to third parties with the Product.
07/27/2001 54834.1
5. LIMITATION ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not
reverse engineer, decompile, or disassemble the Product, except and only to the extent that it is expressly
permitted by applicable law notwithstanding this limitation.
6. TERMINATION. Without prejudice to any other rights, Microsoft may cancel this EULA if you do not abide by
the terms and conditions of this EULA, in which case you must destroy all copies of the Product and all of its
component parts.
7. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
• NetMeeting/Remote Assistance/Remote Desktop Features. The Product contains NetMeeting, Remote
Assistance, and Remote Desktop technologies that enable the Product or other applications installed on the
Workstation Computer to be used remotely between two or more computers, even if the Product or application is
installed on only one Workstation Computer. You may use NetMeeting, Remote Assistance, and Remote Desktop
with all Microsoft products; provided however, use of these technologies with certain Microsoft products may
require an additional license. For Microsoft and non-Microsoft products, you should consult the license
agreement accompanying the applicable product or contact the applicable licensor to determine whether use of
NetMeeting, Remote Assistance, or Remote Desktop is permitted without an additional license.
• Consent to Use of Data. You agree that Microsoft and its affiliates may collect and use technical information
gathered in any manner as part of the product support services provided to you, if any, related to the Product.
Microsoft may use this information solely to improve our products or to provide customized services or
technologies to you. Microsoft may disclose this information to others, but not in a form that personally identifies
you.
• Internet Gaming/Update Features. If you choose to utilize the Internet gaming or update features within the
Product, it is necessary to use certain computer system, hardware, and software information to implement the
features. By using these features, you explicitly authorize Microsoft or its designated agent to access and utilize
the necessary information for Internet gaming and/or updating purposes. Microsoft may use this information
solely to improve our products or to provide customized services or technologies to you. Microsoft may disclose
this information to others, but not in a form that personally identifies you.
• Internet-Based Services Components. The Product contains components that enable and facilitate the use of
certain Internet-based services. You acknowledge and agree that Microsoft may automatically check the version
of the Product and/or its components that you are utilizing and may provide upgrades or fixes to the Product
that will be automatically downloaded to your Workstation Computer.
• Security Updates. Content providers are using the digital rights management technology (“Microsoft DRM”)
contained in this Product to protect the integrity of their content (“Secure Content”) so that their intellectual
property, including copyright, in such content is not misappropriated. Owners of such Secure Content (“Secure
Content Owners”) may, from time to time, request Microsoft to provide security related updates to the Microsoft
DRM components of the Product (“Security Updates”) that may affect your ability to copy, display and/or play
Secure Content through Microsoft software or third party applications that utilize Microsoft DRM. You therefore
agree that, if you elect to download a license from the Internet which enables your use of Secure Content,
Microsoft may, in conjunction with such license, also download onto your computer such Security Updates
that a Secure Content Owner has requested that Microsoft distribute. Microsoft will not retrieve any personally
identifiable information, or any other information, from your computer by downloading such Security Updates.
8. NOT FOR RESALE SOFTWARE. Product identified as “Not for Resale” or “NFR,” may not be resold,
transferred or used for any purpose other than demonstration, test or evaluation.
9. ACADEMIC EDITION SOFTWARE. To use Product identified as “Academic Edition” or “AE,” you must be a
“Qualified Educational User.” For qualification-related questions, please contact the Microsoft Sales Information
Center/One Microsoft Way/Redmond, WA 98052-6399 or the Microsoft subsidiary serving your country.
10. EXPORT RESTRICTIONS.
You acknowledge that the Product is of U.S. origin and subject to U.S. export jurisdiction. You agree to comply
with all applicable international and national laws that apply to the Product, 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/>.
07/27/2001 54834.1
11. LIMITED WARRANTY FOR PRODUCT ACQUIRED IN THE US AND CANADA.
Microsoft warrants that the Product will perform substantially in accordance with the accompanying
materials for a period of ninety 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 (90) 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 Product, 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
Microsoft, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO
CONSEQUENTIAL DAMAGES, if the Product does not meet Microsoft’s Limited Warranty, and, to the
maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms
of Section 13 below (“Exclusion of Incidental, Consequential and Certain Other Damages”) 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 others which vary from state/jurisdiction
to state/jurisdiction. YOUR EXCLUSIVE REMEDY. Microsoft’s and its suppliers’ entire liability and your
exclusive remedy shall be, at Microsoft’s option from time to time exercised subject to applicable law,
(a) return of the price paid (if any) for the Product, or (b) repair or replacement of the Product, that does not
meet this Limited Warranty and that is returned to Microsoft with a copy of your receipt. 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 shipping the Product to Microsoft). This Limited Warranty is void if failure of the Product
has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Product will
be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
Outside the United States or Canada, neither these remedies nor any product support services offered by
Microsoft are available without proof of purchase from an authorized international source. To exercise
your remedy, contact: Microsoft, Attn. Microsoft Sales Information Center/One Microsoft Way/Redmond,
WA 98052-6399, or the Microsoft subsidiary serving your country.
LIMITED WARRANTY FOR PRODUCT ACQUIRED OUTSIDE THE US OR CANADA.
FOR THE LIMITED WARRANTIES AND SPECIAL PROVISIONS PERTAINING TO YOUR
PARTICULAR JURISDICTION, PLEASE REFER TO YOUR WARRANTY BOOKLET INCLUDED
WITH THIS PACKAGE OR PROVIDED WITH THE SOFTWARE PRODUCT PRINTED
MATERIALS.
12. 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 (if any) created by any documentation, packaging,
or other communications. Except for the Limited Warranty and to the maximum extent permitted by applicable
law, Microsoft and its suppliers provide the Product and support services (if any) 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, 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 Product, and
the provision of or failure to provide support or other services, information, software, and related content
through the Product or otherwise arising out of the use of the Product. ALSO, THERE IS NO WARRANTY
OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO
DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE PRODUCT.
13. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT OR ITS
07/27/2001 54834.1
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 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 PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES,
INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE PRODUCT OR OTHERWISE
ARISING OUT OF THE USE OF THE PRODUCT, OR OTHERWISE UNDER OR IN CONNECTION WITH
ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF
MICROSOFT OR ANY SUPPLIER, AND EVEN IF MICROSOFT OR ANY SUPPLIER HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
14. LINKS TO THIRD PARTY SITES. You may link to third party sites through the use of the Product. The third
party sites are not under the control of Microsoft, and Microsoft is 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. Microsoft is not
responsible for webcasting or any other form of transmission received from any third party sites. Microsoft is
providing these links to third party sites to you only as a convenience, and the inclusion of any link does not
imply an endorsement by Microsoft of the third party site.
15. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding 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 EULA and your
exclusive remedy for all of the foregoing (except for any remedy of repair or replacement elected by Microsoft
with respect to any breach of the Limited Warranty) shall be limited to the greater of the amount actually paid
by you for the Product or U.S.$5.00. The foregoing limitations, exclusions and disclaimers (including Sections
11, 12 and 13 above) shall apply to the maximum extent permitted by applicable law, even if any remedy fails
its essential purpose.
16. U.S. GOVERNMENT LICENSE RIGHTS. All Product 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 Product 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
DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
17. APPLICABLE LAW. If you acquired this Product in the United States, this EULA is governed by the laws of the
State of Washington. If you acquired this Product 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
this Product was acquired outside the United States, then local law may apply.
18. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which is included
with the Product) are the entire agreement between you and Microsoft relating to the Product and the support
services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals
and representations with respect to the Product or any other subject matter covered by this EULA. To the
extent the terms of any Microsoft policies or programs for support services conflict with the terms of this
EULA, the terms of this EULA shall control.
19. The Product is protected by copyright and other intellectual property laws and treaties. Microsoft or its suppliers
own the title, copyright, and other intellectual property rights in the Product. The Product is licensed, not sold.
