MICROSOFT CORPORATION AUDIT MODE LICENSE AGREEMENT
FOR MICROSOFT(r) WINDOWS(r) 95
(OEMS AND RESELLERS ONLY)
THIS IS A LEGAL AGREEMENT BETWEEN YOU ("COMPANY") AND MICROSOFT CORPORATION ("MS"). BY USING THE MICROSOFT SOFTWARE PRODUCT IDENTIFIED ABOVE ("SOFTWARE") IN AUDIT MODE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. THE SOFTWARE IN AUDIT MODE IS LICENSED FOR USE ONLY BY MANUFACTURERS AND ASSEMBLERS OF COMPUTER HARDWARE ("OEMS") AND THEIR RESELLERS AND DISTRIBUTORS ("RESELLERS"). IF YOU ARE NOT AN OEM OR RESELLER OR IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT THEN MICROSOFT IS UNWILLING TO LICENSE THE SOFTWARE IN AUDIT MODE TO YOU. IN SUCH EVENT, YOU MAY NOT ACCESS OR USE THE SOFTWARE IN AUDIT MODE.
1. AUDIT MODE
1.1 The "Audit Mode" is a special user mode of the SOFTWARE which is provided by MS in order to facilitate the testing and preinstallation of software on OEM computer hardware systems which are licensed for distribution with the SOFTWARE ("Computer Hardware").
1.2 MS hereby grants COMPANY a non-exclusive right to use this copy of the SOFTWARE in Audit Mode for the sole purposes of installing application software on the Computer Hardware, testing the Computer Hardware, and demonstrating the Computer Hardware with the SOFTWARE. COMPANY shall follow the instructions included in the SOFTWARE to reset the SOFTWARE into the standard end user mode when COMPANY has completed such demonstration, installation, and/or testing.
1.3 COMPANY shall not reverse engineer, decompile or disassemble the Product in whole or in part except as permitted by applicable law without the possibility of contractual waiver.
1.4 The SOFTWARE may not be modified, altered, or supplemented in any way. MS reserves all rights not expressly granted herein including without limitation, modification rights, translation rights, rental rights and rights to source code.
2. WARRANTY
2.1 MS makes no warranty as to performance of the SOFTWARE in Audit Mode. The only warranties made concerning the SOFTWARE are provided in the printed materials of the SOFTWARE product.
2.2 SECTION 2.1 CONTAINS THE ONLY WARRANTIES MADE BY MS. ANY AND ALL OTHER WARRANTIES OF ANY KIND WHATSOEVER, INCLUDING THOSE FOR NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY, ARE EXPRESSLY EXCLUDED. COMPANY AGREES THAT MS OR ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, ECONOMIC OR PUNITIVE DAMAGES EVEN IF MS OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
3. SOFTWARE END USER LICENSE AGREEMENT
COMPANY agrees to comply with all terms and conditions of the End User License Agreement for the SOFTWARE included in the SOFTWARE package.
4. INTELLECTUAL PROPERTY
The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. COMPANY will not remove, alter or obscure any copyright, trademark or patent notices that appear on the Product or are contained in the Product software as delivered to COMPANY.
5. LIMITATION OF LIABILITY
MS shall have no liability whatsoever to COMPANY resulting from COMPANY's use or inability to use the SOFTWARE in Audit Mode and COMPANY hereby releases MS from any such liability.
6. MISCELLANEOUS
6.1 COMPANY agrees that it will not export or re-export the SOFTWARE to any country, person, entity, or end user in violation of export control laws and regulations of the U.S.A. COMPANY warrants and represents that neither the Bureau of Export Administration nor any other U.S.A. government agency has suspended, revoked or denied COMPANY's export privileges.
6.2 USA GOVERNMENT RESTRICTED RIGHTS: The SOFTWARE is provided with RESTRICTED RIGHTS in accordance with DFAR 252.227-7013(c)1(ii), or as set forth in the particular department or agency regulations or rules, or particular contract which provide MS equivalent or greater protection.
6.3 COMPANY may not assign, sublicense, or otherwise transfer any of COMPANY's rights under this Agreement.
6.4 If any provision of the Agreement shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect.
6.5 The laws of the State of Washington, U.S.A., shall govern this Agreement and COMPANY consents to the jurisdiction of the state and federal courts sitting in the State of Washington, U.S.A.
