Re: MODIFICATIONS ON SYSTEMS WITH XP OEM (Long)

From: Bruce Chambers (bchambers_at_nospamcableone.net)
Date: 03/21/04


Date: Sun, 21 Mar 2004 07:54:44 -0700

Greetings --

    Ahh... I misunderstood, and thought that you'd already installed
the OEM OS.

    Here's the full English text of an OEM WinXP Home installation:

=============================================
Microsoft(r) Windows(r) XP Home Edition

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 legal entity) and the
manufacturer ("Manufacturer") of the computer system or computer
system component ("HARDWARE") with which you acquired the
Microsoft software product(s) identified above ("SOFTWARE"). The
SOFTWARE includes Microsoft computer software, and may include
associated media, printed materials, "online," or electronic
documentation and Internet based services. Note, however, that
any software, documentation, or web services that are included in
the SOFTWARE, or accessible via the SOFTWARE, and are
accompanied by their own license agreements or terms of use
are governed by such agreements rather than this EULA. 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 rights ONLY if the
SOFTWARE is genuine and a genuine Certificate of
Authenticity 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) in accordance
with Manufacturer's return policies.

SOFTWARE PRODUCT LICENSE

The term "COMPUTER" as used herein shall mean the HARDWARE, if
the HARDWARE is a single computer system, or shall mean the
computer system with which the HARDWARE operates, if the
HARDWARE is a computer system component.

 1. GRANT OF LICENSE. Manufacturer grants you the following
    rights, provided you comply with all of the terms and
    conditions of this EULA:

    * Installation and Use. Except as otherwise expressly
      provided in this EULA, you may install, use, access,
      display and run only one (1) copy of the SOFTWARE on
      the COMPUTER. The SOFTWARE may not
      be used by more than one (1) processor at any one time
      on the COMPUTER, unless a higher number is indicated
      on the Certificate of Authenticity. You may permit a
      maximum of five (5) ("Connection Maximum") computers
      or other electronic devices (each a "Device") to connect
      to the COMPUTER to utilize the services of the SOFTWARE
      solely for File and Print services, Internet Information
      services, and remote access (including connection sharing
      and telephony services). The five (5) Connection Maximum
      includes any indirect connections made through
      "multiplexing" or other software or hardware which pools
      or aggregates connections. Except as otherwise permitted
      below, you may not use the Device to use, access, display
      or run the SOFTWARE, the SOFTWARE's
      User Interface or other executable software residing
      on the COMPUTER.

    * 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 HARDWARE as a single integrated
      product and may only be used with the HARDWARE. If the
      SOFTWARE is not accompanied by new HARDWARE, 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 HARDWARE, provided
      you retain no copies, if you transfer all of the SOFTWARE
      (including all component parts, the media and printed
      materials, any upgrades, this EULA and the Certificate
      of Authenticity), 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.

    * Mandatory Activation. THIS SOFTWARE
      CONTAINS TECHNOLOGICAL MEASURES THAT
      ARE DESIGNED TO PREVENT UNLICENSED
      OR ILLEGAL USE OF THE SOFTWARE.
      The license rights granted under this EULA are limited
      to the first thirty (30) days after you first run the
      SOFTWARE unless you supply information required to
      activate your licensed copy in the manner described
      during the setup sequence (unless Manufacturer has
      activated for you). You can activate the SOFTWARE
      through the use of the Internet or telephone; toll
      charges may apply. You may also need to reactivate the
      SOFTWARE if you modify your HARDWARE or alter the
      SOFTWARE.

    * Security Updates. Content providers are using the digital
      rights management technology ("Microsoft DRM") contained
      in this SOFTWARE 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 MS,
      Microsoft Corporation or their subsidiaries to provide
      security related updates to the Microsoft DRM components
      of the SOFTWARE ("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, MS, MICROSOFT
      CORPORATION OR THEIR SUBSIDIARIES
      MAY, IN CONJUNCTION WITH SUCH
      LICENSE, ALSO DOWNLOAD ONTO YOUR
      COMPUTER SUCH SECURITY UPDATES THAT
      A SECURE CONTENT OWNER HAS REQUESTED
      THAT MS, MICROSOFT CORPORATION OR
      THEIR SUBSIDIARIES DISTRIBUTE. MS,
      Microsoft Corporation or their subsidiaries will not
      retrieve any personally identifiable information, or
      any other information, from your COMPUTER by downloading
      such Security Updates.

    * Back-up Copy. 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. 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.

    * Reservation of Rights. Manufacturer, Microsoft Licensing,
      Inc. ("MS") and its suppliers (including Microsoft
      Corporation) reserve all rights not expressly granted
      to you in this EULA.

 2. DESCRIPTION OF OTHER RIGHTS AND
    LIMITATIONS.

    * NetMeeting/Remote Assistance Features. SOFTWARE may
      contain NetMeeting and Remote Assistance technologies
      that enable the SOFTWARE or other applications installed
      on the COMPUTER to be used remotely between two or more
      computers, even if the SOFTWARE or application is
      installed on only one COMPUTER. You may use NetMeeting
      and Remote Assistance 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 or Remote Assistance is
      permitted without an additional license.

    * Consent to Use of Data. You agree that MS and Microsoft
      Corporation and their 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 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. MS, Microsoft Corporation and
      their affiliates 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
      SOFTWARE, it is necessary to use certain COMPUTER system,
      hardware, and software information to implement the
      features. By using these features, you explicitly
      authorize MS, Microsoft Corporation and/or their
      designated agent to use this information solely to
      improve our products or to provide customized services
      or technologies to you. MS or Microsoft Corporation
      may disclose this information to others, but not in a
      form that personally identifies you.

    * Internet-Based Services Components. The SOFTWARE contains
      components that enable and facilitate the use of certain
      Internet-based services. 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 or supplements to the SOFTWARE that may be
      automatically downloaded to your COMPUTER.

    * Language Version Selection. Manufacturer may have elected
      to provide you with a one-time selection of two or more
      language versions of the SOFTWARE as part of the SOFTWARE
      setup process. In such event, you are licensed to use
      only one 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.

    * Operating System Selection. Manufacturer may have elected
      to provide you with a selection of Microsoft operating
      system software for the COMPUTER. If the SOFTWARE
      PRODUCT includes more than one (1) Microsoft operating
      system ("Microsoft OS"), you are licensed to use only
      one of the Microsoft OS selections provided. As part
      of the setup process for the SOFTWARE you will be given
      a one-time option to select one (1) Microsoft OS. Upon
      selection, the one Microsoft OS selected by you will
      be set up on the COMPUTER, and the other Microsoft OS(s)
      not selected by you will be automatically and permanently
      deleted from the hard disk of the COMPUTER.

    * Additional Software/Services. The terms of this EULA apply
      to Microsoft updates, supplements, add-on components,
      or Internet-based services components of the SOFTWARE
      ("Supplemental Components") that Manufacturer, MS,
      Microsoft Corporation or their 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 a
      Microsoft subsidiary then you will be licensed by such
      entity under the same terms and conditions of this EULA,
      except that the MS, Microsoft Corporation or Microsoft
      subsidiary entity providing the Supplemental Components
      will be the licensor with respect to such components
      in lieu of the "Manufacturer" for the purposes of the
      EULA, including, without limitation the Limited Warranty
      Appendix. THE LIMITED WARRANTY (IF
      ANY) INCLUDED WITH OR IN THIS EULA
      APPLIES TO SUCH SUPPLEMENTAL
      COMPONENTS (IF ANY) PROVIDED THAT
      YOU LICENSED THE SUPPLEMENTAL
      COMPONENTS WITHIN THE ORIGINAL TERM
      OF THE LIMITED WARRANTY. HOWEVER,
      PROVISION OF THE SUPPLEMENTAL
      COMPONENTS DOES NOT EXTEND THE TIME
      PERIOD FOR WHICH THE LIMITED WARRANTY
      IS PROVIDED. ALL OTHER DISCLAIMERS,
      EXCLUSIONS OF DAMAGES, AND
      LIMITATIONS OF LIABILITY AND REMEDIES
      SET FORTH IN THIS EULA SHALL APPLY
      TO SUCH SUPPLEMENTAL COMPONENTS.

      Manufacturer, MS, Microsoft Corporation and their
      subsidiaries reserves the right to discontinue any
      Microsoft Internet-based services provided to you or
      made available to you through the use of the SOFTWARE.

      This EULA does not grant you any rights to use the Windows
      Media Format Software Development Kit ("WMFSDK")
      components contained in the SOFTWARE 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.

    * 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.

    * 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.

    * Termination. Without prejudice to any other rights,
      Manufacturer or MS may cancel this EULA if you do not
      abide by the terms and conditions contained herein.
      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
      Manufacturer, MS or its suppliers (including Microsoft
      Corporation).

 3. 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 ("Eligible Product"). For the
    purpose of upgrade(s) only, "HARDWARE" shall mean the
    computer system or computer system component with which you
    received the Eligible Product. SOFTWARE labeled as an
    upgrade replaces and/or supplements (and may disable, if
    upgrading a Microsoft software product) the Eligible
    Product which came with the HARDWARE. 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 HARDWARE. 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 computer.

 4. INTELLECTUAL PROPERTY RIGHTS. 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
    MS or its suppliers (including Microsoft Corporation). The
    SOFTWARE is licensed, not sold. All title and intellectual
    property rights in and to the content that is not contained
    in the SOFTWARE, but which may be accessed through use of
    the SOFTWARE is the property of the respective content
    owner and may be protected by applicable copyright or other
    intellectual property laws and treaties. 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
    that is provided only in electronic form, you may print one
    copy of such electronic documentation. You may not copy
    the printed materials accompanying the SOFTWARE.

 5. PRODUCT SUPPORT. SOFTWARE support for the
    SOFTWARE is not provided by MS, Microsoft Corporation, or
    their affiliates or subsidiaries. For product support,
    please refer to Manufacturer's support number provided in
    the documentation for the HARDWARE. 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 HARDWARE.

 6. 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 products, 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/.

 7. U.S. GOVERNMENT LICENSE RIGHTS. All
    SOFTWARE PRODUCT 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. All SOFTWARE
    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.

 8. ADDITIONAL PROVISIONS. FOR THE LIMITED
    WARRANTIES, LIMITATION OF LIABILITY,
    AND OTHER SPECIAL PROVISIONS, PLEASE
    REFER TO THE ADDITIONAL PROVISIONS
    PROVIDED BELOW AND/OR OTHERWISE WITH
    THE SOFTWARE. SUCH LIMITED WARRANTIES,
    LIMITATION OF LIABILITY AND SPECIAL
    PROVISIONS ARE AN INTEGRAL PART OF THIS
    EULA.

APPENDIX

WARRANTY AND SPECIAL PROVISIONS FOR
AUSTRALIA, NEW ZEALAND OR PAPUA NEW GUINEA

EXPRESS LIMITED WARRANTY

CONSUMER RIGHTS. Consumers may have the benefit of certain
rights or remedies pursuant to the Trade Practices Act and
similar state and territory laws in Australia or the Consumer
Guarantees Act in New Zealand, in respect of which certain
liability may not be excluded.

LIMITED EXPRESS WARRANTY. Manufacturer
warrants that: (a) the SOFTWARE will perform substantially in
accordance with the accompanying Product Manual(s) for a period
of 90 days from the date of receipt; and (b) any Microsoft
hardware accompanying SOFTWARE will be free from defects in
materials and workmanship under normal use and service for a
period of 1 year from the date of receipt.

CUSTOMER REMEDIES. To the maximum extent permitted under
applicable law, Manufacturer's and its supplier's entire
liability and your exclusive remedy under the express warranty
is, at Manufacturer's option, either (a) return of the
price paid; or (b) repair or replacement of the SOFTWARE or
Microsoft hardware which does not meet the warranty and which is
returned to Manufacturer with a copy of your receipt. The
warranty is void if failure of the SOFTWARE or Microsoft hardware
has resulted from accident, abuse or misapplication. Any
replacement SOFTWARE and/or Microsoft hardware will be warranted
for the remainder of the original warranty period or 30 days,
whichever is longer.

LIMITATION OF LIABILITY. To the maximum
extent permitted by applicable law, any conditions or warranties
imposed or implied by law are hereby excluded. Consumers may
nevertheless have the benefit of certain rights or remedies
pursuant to the Trade Practices Act and similar state and
territory laws in Australia or the Consumer Guarantees Act in New
Zealand, in respect of which liability may not be excluded.
Insofar as such liability may not be excluded, then to the
maximum extent permitted by law, such liability is limited, at
the exclusive option of Manufacturer, to either (a) replacement
of the SOFTWARE (and any accompanying hardware supplied); or (b)
correction of defects in the SOFTWARE; or (c) payment of the cost
of having defects in the SOFTWARE (and any accompanying hardware
supplied).

EXCLUSION OF LIABILITY/DAMAGES. The
following is without prejudice to any rights you may have at law
which cannot legally be excluded or restricted. You acknowledge
that no promise, representation, warranty or undertaking has been
made or given by Manufacturer and/or Microsoft Corporation (or
related company of either) to any person or company on its behalf
in relation to the profitability of or any other consequences or
benefits to be obtained from the delivery or use of the SOFTWARE
and any accompanying Microsoft hardware, software, manuals or
written materials. You have relied upon your own skill and
judgement in deciding to acquire the SOFTWARE and any
accompanying hardware, manuals and written materials for use by
you. Except as and to the extent provided in this agreement,
neither Manufacturer and/or Microsoft Corporation (or related
company of either) will in any circumstances be liable for any
other damages whatsoever (including, without limitation, damages
for loss of business, business interruption, loss of business
information or other indirect or consequential loss) arising out
of the use or inability to use or supply or non-supply of the
SOFTWARE and any accompanying hardware and written materials.
Manufacturer's and/or Microsoft Corporation (or related company
of either) total liability under any provision of this agreement
is in any case limited to the amount actually paid by you for the
SOFTWARE and/or Microsoft hardware.

This agreement is governed by the laws of New South Wales,
Australia or, where supplies are made in New Zealand, by the laws
of New Zealand.

APPENDIX

WARRANTY AND SPECIAL PROVISIONS FOR
ENGLAND, SCOTLAND, WALES AND IRELAND

LIMITED WARRANTY

LIMITED WARRANTY. Manufacturer warrants that (a) the
SOFTWARE will perform substantially in accordance
with the accompanying written materials for a period of
ninety (90) days from the date of receipt, and (b) any
Microsoft hardware accompanying the SOFTWARE will be free
from defects in materials and workmanship under normal use
and service for a period of one (1) year from the date of
receipt. Any implied warranties on the SOFTWARE and
Microsoft hardware are limited to ninety (90) days and
one (1) year, respectively. Some states/jurisdictions do
not allow limitations on duration of an implied warranty,
so the above limitation may not apply to you.

CUSTOMER REMEDIES. Manufacturer's and its suppliers' entire
liability and your exclusive remedy shall be, at Manufacturer's
option, either (a) return of the price paid, or (b) repair or
replacement of the SOFTWARE or hardware that does not meet this
Limited Warranty and which is returned to Manufacturer with a
copy of your receipt. This Limited Warranty is void if failure
of the SOFTWARE or hardware has resulted from accident, abuse, or
misapplication. Any replacement SOFTWARE or hardware will be
warranted for the remainder of the original warranty period or
thirty (30) days, whichever is longer.

NO OTHER WARRANTIES. To the maximum extent permitted by
applicable law, Manufacturer and its suppliers disclaim all other
representations, warranties, conditions or other terms, either
express or implied, including, but not limited to implied
warranties amd/or conditions of merchantability and fitness for a
particular purpose, with regard to the SOFTWARE, the accompanying
written materials, and any accompanying hardware. This limited
warranty gives you specific legal rights. You may have others
which vary from state/jurisdiction to state/jurisdiction.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To
the maximum extent permitted by applicable law, in no event shall
Manufacturer or its suppliers be liable for any damages
whatsoever (including without limitation, direct or indirect
damages for personal injury, loss of business profits, business
interruption, loss of business information, or any other
pecuniary loss) arising out of the use of or inability to use
this product, even if Manufacturer has been advised of the
possibility of such damages. In any case, Manufacturer's and its
suppliers' entire liability under any provision of this agreement
shall be limited to the amount actually paid by you for the
SOFTWARE and/or Microsoft hardware. Because some states/
jurisdictions do not allow the exclusion or limitation of
liability for consequential or incidental damages, the above
limitation may not apply to you.

SPECIAL PROVISIONS

Reverse Engineering: If you acquired the SOFTWARE in the
European Community, you may not reverse engineer, decompile, or
dissassemble the SOFTWARE except to the extent and for the
express purposes authorized by applicable law.

This Software License Agreement is governed by the laws
of England.

APPENDIX

WARRANTY AND SPECIAL PROVISIONS FOR
CANADA

LIMITED WARRANTY

LIMITED WARRANTY. Manufacturer warrants that (a) the
SOFTWARE will perform substantially in accordance
with the accompanying written materials for a period of
ninety (90) days from the date of receipt, and (b) any
Microsoft hardware accompanying the SOFTWARE will be free
from defects in materials and workmanship under normal use
and service for a period of one (1) year from the date of
receipt. Any implied warranties or conditions on the
SOFTWARE and Microsoft hardware are limited to
ninety (90) days and one (1) year, respectively. Some
states/jurisdictions do not allow limitations on duration
of an implied warranty, so the above limitation may not
apply to you.

CUSTOMER REMEDIES. Manufacturer's and its suppliers' entire
liability and your exclusive remedy shall be, at Manufacturer's
option, either (a) return of the price paid, or (b) repair or
replacement of the SOFTWARE or hardware that does not meet this
Limited Warranty and which is returned to Manufacturer with a
copy of your receipt. This Limited Warranty is void if failure
of the SOFTWARE or hardware has resulted from accident, abuse, or
misapplication. Any replacement SOFTWARE or hardware will be
warranted for the remainder of the original warranty period or
thirty (30) days, whichever is longer.

NO OTHER WARRANTIES. To the maximum extent permitted by
applicable law, Manufacturer and its suppliers disclaim all other
warranties, either express or implied, including, but not limited
to implied warranties of merchantability and fitness for a
particular purpose, with regard to the SOFTWARE, the accompanying
written materials, and any accompanying hardware. This limited
warranty gives you specific legal rights. You may have others
which vary from state/jurisdiction to state/jurisdiction.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To
the maximum extent permitted by applicable law, in no event shall
Manufacturer or its suppliers be liable for any damages
whatsoever (including without limitation, direct or indirect
damages for personal injury, loss of business profits, business
interruption, loss of business information, or any other
pecuniary loss) arising out of the use of or inability to use
this product, even if Manufacturer has been advised of the
possibility of such damages. In any case, Manufacturer's and its
suppliers' entire liability under any provision of this agreement
shall be limited to the amount actually paid by you for the
SOFTWARE and/or Microsoft hardware. Because some states
/jurisdictions do not allow the exclusion or limitation of
liability for consequential or incidental damages, the above
limitation may not apply to you.

=========================================

Bruce Chambers

--
Help us help you:
http://dts-l.org/goodpost.htm
http://www.catb.org/~esr/faqs/smart-questions.html
You can have peace.  Or you can have freedom.  Don't ever count on 
having both at once. -- RAH
"Unbegrenzt" <anonymous@discussions.microsoft.com> wrote in message 
news:D839DB73-8215-44D2-8C02-8A1413887073@microsoft.com...
> Thank you! You have been very helpful. As far as the accepting the 
> EULA, I have not even broken the wrap of the software. I guess the 
> safest way to go around this is to simply return the software and 
> buy a retail version. That will guarantee me any headaches in the 
> future. That just lead me to think... should one buy a PC from a 
> manufacturer!? HUM... If one might not be able to use the OS after 
> an upgrade, then what good is to buy a computer with an OEM OS such 
> as Windows XP? To me, that’s a nice way to make some extra billions! 
> Then again, I might be wrong, as it is not clear at all up to what 
> point the OS can be pushed unless I simply give it a try! 


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  • Re: Can I upgrade from XP to Win2K?
    ... If it's flawed hardware, as Bruce has stated, ... The cure is to invoke the warranty, as overheating in a laptop is ... IBM laptop warranty is voided if you buy the ... >>> All with an untouched OEM install. ...
    (microsoft.public.windowsxp.basics)

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