This is a legal agreement between you (either an individual or an entity) and Microsoft Corporation. By opening the sealed software packages and/or by using the SOFTWARE, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, promptly return the disk package and accompanying items (including printed materials and binders or other containers) to the place you obtained them for a full refund.
MICROSOFT SOFTWARE LICENSE
1. GRANT OF LICENSE. This Microsoft License Agreement ("License") permits you to use one copy of the specified version of the Microsoft software product identified above, which may include user documentation provided in "online" or electronic form ("SOFTWARE"), on any single computer, provided the SOFTWARE is in use on only one computer at any time. If this package is a License Pak, you may make and use additional copies of the SOFTWARE up to the number of Licensed Copies authorized above. If you have multiple Licenses for the SOFTWARE, then at any time you may have as many copies of the SOFTWARE in use as you have Licenses. The SOFTWARE is "in use" on a computer when it is loaded into the temporary memory (i.e., RAM) or installed into the permanent memory (e.g., hard disk, CD ROM, or other storage device) of that computer, except that a copy installed on a network server for the sole purpose of distribution to other computers is not "in use". If the anticipated number of users of the SOFTWARE will exceed the number of applicable Licenses, then you must have a reasonable mechanism or process in place to ensure that the number of persons using the SOFTWARE concurrently does not exceed the number of Licenses. If the SOFTWARE is permanently installed on the hard disk or other storage device of a computer (other than a network server) and one person uses that computer more than 80% of the time it is in use, then that person may also use the SOFTWARE on a portable or home computer.
2. UPGRADES. If the SOFTWARE is an upgrade from another product, whether from Microsoft or another supplier, you may use or transfer the SOFTWARE only in conjunction with that upgraded product, unless you destroy it. If the SOFTWARE is an upgrade from a Microsoft product, you now may use that upgraded product only in accordance with this License, except that if the SOFTWARE is an upgrade from a component of a package of software programs which you licensed as a single product, the SOFTWARE may be used and transferred only as part of that single product package, and according to the License Agreement earlier provided with that single product package.
3. COPYRIGHT. The SOFTWARE (including any images, "applets", photographs, animations, video, audio, music and text incorporated into the SOFTWARE) is owned by Microsoft or its suppliers and is protected by United States copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material (e.g., a book or musical recording) except that you may either (a) make one copy of the SOFTWARE solely for backup or archival purposes, or (b) transfer the SOFTWARE to a single hard disk provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the SOFTWARE, nor print copies of any user documentation provided in "online" or electronic form.
4. OTHER RESTRICTIONS. This License is your proof of license to exercise the rights granted herein and must be retained by you. You may not rent or lease the SOFTWARE, but you may transfer your rights under this License on a permanent basis provided you transfer this License, the SOFTWARE and all accompanying printed materials, retain no copies, and the recipient agrees to the terms of this License. You may not reverse engineer, decompile, or disassemble the SOFTWARE, except to the extent the foregoing restriction is expressly prohibited by applicable law.
5. DUAL MEDIA SOFTWARE. You may receive the SOFTWARE in more than one media. Regardless of the type or size of media you receive, you may use only the media appropriate for your single designated computer or network server. You may not use the media on any other computer or computer network, or loan, rent, lease, or transfer them to another user except as part of a permanent transfer (as provided above) or other use expressly permitted by this License.
LIMITED WARRANTY
LIMITED WARRANTY. Microsoft warrants that (a) the SOFTWARE will perform substantially in accordance with the accompanying printed materials for a period of ninety (90) days from the date of receipt; and (b) any 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 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. Microsoft's entire liability and your exclusive remedy shall be, at Microsoft's option, either (a) return of the price paid or (b) repair or replacement of the SOFTWARE or hardware that does not meet Microsoft's Limited Warranty and that is returned to Microsoft 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 will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States, neither these remedies nor any product support services offered by Microsoft are available without proof of purchase from an authorized non-U.S. source.
NO OTHER WARRANTIES. To the maximum extent permitted by applicable law, Microsoft disclaims all other warranties, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect 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 Microsoft or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use this Microsoft product, even if Microsoft has been advised of the possibility of such damages. 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.
U.S. GOVERNMENT RESTRICTED RIGHTS
The SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software--Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Microsoft Corporation/One Microsoft Way/Redmond, WA 98052-6399.
If you acquired this product in the United States, this Agreement is governed by the laws of the State of Washington. If this product was acquired outside the United States, then local law may apply.
Should you have any questions concerning this Agreement, or if you desire to contact Microsoft for any reason, please contact the Microsoft subsidiary serving your country, or write: Microsoft Customer Sales and Service/One Microsoft Way/Redmond, WA 98052-6399.
