Re: Win xp oem activation hits me clear as mud!
- From: "Steve N." <me@xxxxxxxx>
- Date: Sun, 15 May 2005 14:58:53 GMT
Carey Frisch [MVP] wrote:
You paid less for an OEM version and as a consequence you do not receive the benefits of a Retail Version. OEM versions of Windows XP are non-transferrable and if your motherboard dies, so does your OEM license. Microsoft does not sell OEM versions to end-users, only Retail Versions.
Where does the word "motherboard" appear in the XP Pro OEM EULA?
It defines "HARDWARE" here:
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 on the
Certificate of Authenticity ("COA") affixed to the HARDWARE or
on the associated product documentation ("SOFTWARE").and "COMPUTER" here:
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.
That could mean _any_ component that is part of the computer that the software is installed on.
Heck, don't take my word for it, here's the whole XP Pro OEM EULA. Find the word "motherboard" in it.
*****************************************************************
Microsoft Windows XP Professional, Microsoft(r) Windows(r) XP Tablet PC Edition and Microsoft(r) Windows(r) XP Media Center 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 on the
Certificate of Authenticity ("COA") affixed to the HARDWARE or
on the associated product documentation ("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) for a refund 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 two (2) processors
at any one time on the COMPUTER, unless a higher number is
indicated on the Certificate of Authenticity. You may permit
a maximum of ten (10) ("Connection Maximum") computers or
other electronic devices (each a "Device") to connect to the
COMPUTER to utilize one or more of the following services of
the SOFTWARE: File services, Print services, Internet
Information services, and remote access (including connection
sharing and telephony services). The ten (10) Connection
Maximum includes any indirect connections made through
"multiplexing" or other software or hardware which pools or
aggregates connections. Except as otherwise permitted herein,
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. This ten connection
maximum does not apply to any other uses of the Product.
* 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 COMPUTER as a single
integrated product and may only be used with the COMPUTER. If
the SOFTWARE is not accompanied by 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 COMPUTER, provided you retain no copies, if you
transfer the SOFTWARE (including all component parts, the
media, 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. MS, Microsoft Corporation and its subsidiaries
will use those measures to confirm you have a legally licensed
copy of the SOFTWARE. If you are not using a licensed copy of
the SOFTWARE, you are not allowed to install the SOFTWARE or
future SOFTWARE updates. MS, Microsoft Corporation and its
subsidiaries will not collect any personally identifiable
information from your computer during this process.
* Digital Rights Management. Content providers are using the
digital rights management technology contained in this
Software ("DRM") to protect the integrity of their content (
"Secure Content") so that their intellectual property,
including copyright, in such content is not misappropriated.
Portions of this Software and third party applications such as
media players use DRM to play Secure Content ("DRM Software").
If the DRM Software's security has been compromised, owners of
Secure Content ("Secure Content Owners") may request that
Microsoft Licensing, Inc. ("MS"), Microsoft Corporation or
their subsidiaries revoke the DRM Software's right to copy,
display and/or play Secure Content. Revocation does not alter
the DRM Software's ability to play unprotected content. A
list of revoked DRM Software is sent to your computer whenever
you download a license for Secure Content from the Internet.
You therefore agree that MS, Microsoft Corporation or their
subsidiaries may, in conjunction with such license, also
download revocation lists onto your computer on behalf of
Secure Content Owners. MS, Microsoft Corporation or their
subsidiaries will not retrieve any personally identifiable
information, or any other information, from your computer by
downloading such revocation lists. Secure Content Owners may
also require you to upgrade some of the DRM components in this
Software ("DRM Upgrades") before accessing their content.
When you attempt to play such content, Microsoft DRM Software
will notify you that a DRM Upgrade is required and then ask
for your consent before the DRM Upgrade is downloaded. Third
party DRM Software may do the same. If you decline the
upgrade, you will not be able to access content that requires
the DRM Upgrade; however, you will still be able to access
unprotected content and Secure Content that does not require
the upgrade.
* Back-up Copy. YOU MAY MAKE A SINGLE BACK-UP
COPY OF THE SOFTWARE. YOU MAY USE ONE
(1) 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.
* Use of Previous Version Of Software. If the COA which
accompanies the HARDWARE identifies the SOFTWARE as Microsoft
Windows XP Professional SOFTWARE, then in lieu of installing
and using Microsoft Windows XP Professional SOFTWARE, you may
install, use, access, display and run the same language
version of ONE (1) of the following versions:
Microsoft(r) Windows(r) 2000 Professional,
Microsoft(r) Windows(r) NT Workstation version 4.0 or
Microsoft(r) Windows(r) 98 (Second Edition)
("Downgrade Software") on the COMPUTER, provided (1)
you agree that Downgrade Software support will NOT be provided
hereunder by Manufacturer, MS or Microsoft Corporation, their
affiliates or subsidiaries: (2) you agree that neither
Manufacturer, MS nor Microsoft Corporation are obligated to
provide you with the Downgrade Software or media; (3) you may
not loan, rent, lease, lend or otherwise transfer the CD
or back-up copy of Microsoft Windows XP Professional to
another end user, except as otherwise provided in the transfer
provisions of this EULA; and (4) such Downgrade Software shall
be deemed "SOFTWARE" for the purposes of this EULA and use of
the Downgrade Software shall be in compliance with all the
terms of this EULA, except that, with respect to Microsoft
Windows 98 (Second Edition), your Connection Maximum shall be
limited to five (5) Devices. If you exercise the downgrade
rights granted herein, you may install, use, access, display
and run the Microsoft Windows XP Professional SOFTWARE,
provided (1) you remove the Downgrade Software from your hard
drive: (2) you do not loan, rent, lease, lend or otherwise
transfer the CD or back-up copy of Downgrade Software to
another end user, except as otherwise provided in the transfer
provisions of the EULA for the Downgrade Software; and (3)
such Microsoft Windows XP Professional SOFTWARE shall be
deemed "SOFTWARE" for the purposes of this EULA and use of the
Microsoft Windows XP Professional SOFTWARE shall be in
compliance with all of the terms of this EULA. If the COA
which accompanies the HARDWARE identifies the SOFTWARE as
either Windows XP Tablet PC Edition or Windows XP Media Center
Edition then no downgrade rights are granted herein.
* Reservation of Rights. Manufacturer, 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/Remote Desktop Features. The
SOFTWARE contains Remote Desktop, Remote Assistance, and
NetMeeting technologies that enable the Product or
applications installed on the COMPUTER (sometimes referred to
as a host device) to be accessed remotely from other Devices.
You may use the SOFTWARE's Remote Desktop feature (or other
software which provides similar functionality for a similar
purpose) to permit any Device to use, access, display or run
the SOFTWARE without acquiring a license for the SOFTWARE on
that Device, provided only one user uses, accesses, displays,
or runs the SOFTWARE at any one time. When you are using
Remote Assistance or NetMeeting (or other software which
provides similar functionality for a similar purpose) you may
share your session with other users without any limit on the
number of Device connections and without acquiring additional
licenses for the SOFTWARE. For Microsoft and non-Microsoft
applications, you should consult the license agreement
accompanying the applicable product or contact the applicable
licensor to determine whether use of the product with Remote
Desktop, Remote Assistance, or NetMeeting is permitted without
an additional license. As used above, a session means the
experience delivered by the SOFTWARE similar to when a user is
using the input, output and display peripherals attached to
the COMPUTER.
* 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. (i) 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 (1) 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. (ii) Notwithstanding the preceding, if
Manufacturer has elected to provide you with a Multilingual
User Interface ("MUI") for certain language versions with
additional language version support of the SOFTWARE, the
preceding limitation to select and use only one language
version of the SOFTWARE shall not apply, so long as (A) you
acknowledge that the MUI, and the language support contained
therein, is a part of the SOFTWARE, (B) you only use the MUI
with the SOFTWARE, and (C) you comply with all of the other
terms and conditions of this EULA.
* Operating System Selection. Manufacturer may have elected
to provide you with a selection of Microsoft operating system
software for the COMPUTER. As part of the setup process for
the SOFTWARE you may be given a one-time option to select one
(1) Microsoft operating system. Upon selection, the one (1)
Microsoft operating system selected by you will be set up on
the COMPUTER, and the other Microsoft operating system (s) not
selected by you will be automatically and permanently deleted
from the hard disk of the COMPUTER and thereafter you are
licensed to use only the one (1) Microsoft operating system
selected. If the COMPUTER is accompanied by more than one (1)
COA for a Microsoft operating system, you are licensed to use
each Microsoft operating system(s) for which a COA is
provided.
* 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 their subsidiaries then you will be licensed by
such entity under the same terms and conditions of this EULA,
except that (i) MS, Microsoft Corporation or their
subsidiaries providing the Supplemental Components will be the
licensor with respect to such Supplemental Components in lieu
of the "Manufacturer" for the purposes of the EULA, and (ii)
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, THE SUPPLEMENTAL COMPONENTS AND ANY (IF
ANY) SUPPORT SERVICES RELATED TO THE
SUPPLEMENTAL COMPONENTS ARE PROVIDED AS IS
AND WITH ALL FAULTS. ALL OTHER DISCLAIMERS,
LIMITATION OF DAMAGES, AND SPECIAL PROVISIONS
PROVIDED BELOW AND/OR OTHERWISE WITH THE
SOFTWARE 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 the SOFTWARE for which a COA is provided.
* 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).
* Speech/Handwriting Recognition. If the SOFTWARE includes
speech and/or handwriting recognition component(s), you should
understand that speech and handwriting recognition are
inherently statistical processes; that recognition errors are
inherent in the processes; that it is your responsibility to
provide for the handling of such errors and to monitor the
recognition processes and correct any errors. Neither
Manufacturer, MS, Microsoft Corporation, nor their suppliers
shall be liable for any damages arising out of errors in the
speech and handwriting recognition processes.
* Electronic Programming Guide. If the SOFTWARE includes
access to an electronic programming guide service that
displays customized television listings (the "EPG"), you agree
that the terms and conditions governing your use of the EPG
service are subject to a separate EPG terms of service
agreement ("EPG Terms of Service Agreement"). The EPG also
contains advertising content and other related EPG data, which
are received and stored as data files within the SOFTWARE.
If you do not agree to the EPG Terms of Service Agreement, you
may continue to use the SOFTWARE, but you will not have access
to the EPG. Please consult the SOFTWARE documentation for
instructions on accessing the EPG Terms of Service Agreement.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. LINKS TO THIRD PARTY SITES. You may link to third party sites through the use of the SOFTWARE. The third party sites are not under the control of MS or Microsoft Corporation, and MS or Microsoft Corporation are 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. MS or Microsoft Corporation are not responsible for webcasting or any other form of transmission received from any third party sites. MS or Microsoft Corporation are 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 MS or Microsoft Corporation of the third party site.
7. 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/.
8. 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.
9. 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).
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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.
This Software License Agreement is governed by the laws of the Province of Ontario, Canada. 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.
ANNEXE
GARANTIE ET DISPOSITIONS PARTICULIÈRES POUR LE CANADA
GARANTIE LIMITÉE
Si vous vous êtes procuré ce produit Microsoft(r) ou ce matériel Microsoft(r) au CANADA, la garantie suivante s'adresse à vous.
GARANTIE LIMITÉE. Le Fabricant garantit que (a) la performance du LOGICIEL sera substantiellement en conformité avec les documents écrits qui l'accompagnent pour une période de quatre-vingt-dix (90) jours à compter de la date de réception, et que (b) tout matériel de Microsoft fourni avec le LOGICIEL sera exempt de défaut de matière première ou de vice de fabrication dans des conditions normales d'utilisation et d'entretien pour une période d'un (1) an à compter de la date de réception. Toutes garanties ou conditions implicites concernant le LOGICIEL et le matériel Microsoft sont limitées à quatre-vingt-dix (90) jours et un (1) an, respectivement.
RECOURS DU CLIENT. La seule obligation du Fabricant et de ses fournisseurs et votre recours exclusif seront, au choix du Fabricant, soit (a) le remboursement du prix payé ou (b) la réparation ou le remplacement du LOGICIEL ou du matériel qui n'est pas conforme à la Garantie limitée et qui est retourné au Fabricant avec une copie de votre reçu. Cette Garantie limitée est nulle si la défectuosité du LOGICIEL ou du matériel est causée par un accident, un traitement abusif ou une mauvaise application. Tout LOGICIEL ou matériel de remplacement sera garanti pour le reste de la période de garantie initiale ou pour trente (30) jours, selon laquelle de ces deux périodes est la plus longue.
EXCLUSION DE TOUTE AUTRE GARANTIE. Selon la portée maximale autorisée par la loi applicable, le Fabricant et ses fournisseurs renoncent à toutes autres garanties ou conditions, expresses ou implicites, y compris mais ne se limitant pas aux garanties implicites de la qualité marchande ou un usage particulier en ce qui concerne le LOGICIEL, la documentation écrite et tout matériel qui l'accompagnent. Cette garantie limitée vous accorde des droits spécifiques reconnus par la loi.
ABSENCE DE RESPONSABILITÉ POUR LES DOMMAGES INDIRECTS. Selon la portée maximale autorisée par la loi applicable, le Fabricant ou ses fournisseurs ne pourront être tenus responsables en aucune circonstance de tous dommages quels qu'ils soient (y compris mais non de façon limitative les dommages directs ou indirects causés par des lésions corporelles, la perte de bénéfices commerciaux, l'interruption des affaires, la perte d'information commerciale ou toute autre perte pécuniaire) découlant de l'utilisation ou de l'impossibilité d'utilisation de ce produit, et ce même si le Fabricant a été avisé de l'éventualité de tels dommages. En tout état de cause, la seule responsabilité du Fabricant et de ses fournisseurs en vertu de toute disposition de cette Convention se limitera au montant que vous aurez effectivement payé pour l'achat du LOGICIEL et/ou du matériel Microsoft.
La présente Convention de droits d'utilisation de logiciel est régie par les lois de la province d'Ontario, Canada. Chacune des parties aux présentes reconnaît irrévocablement la compétence des tribunaux de la province d'Ontario et consent à instituer tout litige qui pourrait découler des présentes auprès des tribunaux situés dans le district judiciaire de York, province d'Ontario.
APPENDIX WARRANTY AND SPECIAL PROVISIONS FOR THE UNITED STATES OF AMERICA AND ANY OTHER COUNTRY
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 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, special, incidental, consequential, 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
U.S. GOVERNMENT LICENSE RIGHTS. All SOFTWARE 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 in this EULA. 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 DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable. Manufacturer is responsible for ensuring the SOFTWARE is marked with the "Restricted Rights Notice" or "Restricted Rights Legend," as required. All rights not expressly granted are reserved.
If you acquired the SOFTWARE in the United States of America, this Software License Agreement and Warranty are governed by the laws of the State of Washington, U.S.A. If you acquired the SOFTWARE outside the United States of America, local law may apply.
EULAID:XPSP1_RM.1_PRO_OEM_EN
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Steve
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