END-USER LICENSE AGREEMENT FOR MICROSOFT(r) SOFTWARE (NON-OPERATING SYSTEM)
IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and the manufacturer ("PC Manufacturer" or "Manufacturer") of the computer system or computer system component ("HARDWARE") with which you acquired the Microsoft software product(s) identified above or on the Product Identification Card accompanying this EULA ("SOFTWARE PRODUCT" or "SOFTWARE"). If the SOFTWARE PRODUCT is not accompanied by a new computer system or computer system component, you may not use or copy the SOFTWARE PRODUCT. The SOFTWARE PRODUCT includes computer software, the associated media, any Microsoft hardware accompanying the computer software, any printed materials, and any "online" or electronic documentation. By installing, copying or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, Manufacturer and Microsoft Corporation ("Microsoft") are unwilling to license the SOFTWARE PRODUCT to you. In such event, you may not use or copy the SOFTWARE PRODUCT, and you should promptly contact Manufacturer for instructions on return of the product(s) for a refund.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold. The term "COMPUTER" as used herein shall mean the HARDWARE, if the HARDWARE is a computer system, or the computer system with which the HARDWARE operates, if the HARDWARE is a computer system component.
1. GRANT OF LICENSE. This EULA grants you the following rights:
Software Installation and Use. Except as otherwise expressly provided in Section 1 of this EULA, you may only install and use one copy of the SOFTWARE PRODUCT on the COMPUTER.
SQL Server, Workstation System Installation and Use. If the SOFTWARE PRODUCT is SQL Server, Workstation System, the following applies to your installation and use of the SOFTWARE PRODUCT subject to the restrictions set forth in Section 2. For each Processor Version (defined below) supplied, the SOFTWARE PRODUCT consists of "Server Software", "Client Software", and "Development Tool" components. You may install and use one copy of one Processor Version of the Server Software component only on the COMPUTER. You may install the Client Software and Development Tool components of the SOFTWARE PRODUCT, regardless of Processor Version, on any number of your computers, provided there is only one copy of each Processor Version of each such component in use at any time.
Network Services. Except as may otherwise be provided below, if the SOFTWARE PRODUCT documentation indicates that the SOFTWARE PRODUCT includes functionality that enables the COMPUTER to share resources over a network with other computers or workstations, any number of computers or workstations may access or otherwise utilize the basic network services of SOFTWARE PRODUCT on the COMPUTER. The basic network services are more fully described in the printed materials accompanying the SOFTWARE PRODUCT and include file and print services and peer Web services.
Storage/Network Use. You may also store or install a copy of the computer software portion of the SOFTWARE PRODUCT on the COMPUTER to allow your other computers to use the SOFTWARE PRODUCT over an internal network, and distribute the SOFTWARE PRODUCT to your other computers over an internal network. However, you must acquire and dedicate a license for the SOFTWARE PRODUCT for each computer on which the SOFTWARE PRODUCT is used or to which it is distributed. A license for the SOFTWARE PRODUCT may not be shared or used concurrently on different computers.
Back-up Copy. If PC Manufacturer has not included a back-up copy of the SOFTWARE PRODUCT with the COMPUTER, you may make a single back-up copy of the computer software portion of the SOFTWARE PRODUCT. You may use the back-up copy solely for archival purposes. Back-up Utility. If the SOFTWARE PRODUCT includes a Microsoft back-up utility you may use it to make the single back-up copy described. After the single back-up copy is made, the backup utility will be permanently disabled.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Speech Recognition. If the SOFTWARE PRODUCT includes a speech recognition component, it should be understood by you that speech recognition is inherently a statistical process; that recognition errors are inherent in the process of speech recognition; that it is your responsibility to provide for handling such errors and to monitor the speech recognition process and correct any errors. Neither Manufacturer or its suppliers shall be liable for any damages arising out of errors in the speech recognition process.
Application Sharing with NetMeeting( Conferencing Software. The SOFTWARE PRODUCT may contain technology that enables applications to be shared between two or more computers, even if an application is installed on only one of the computers. You may use this technology with all Microsoft products only for multi-party conferences. For non-Microsoft applications, you should consult the accompanying license agreement or contact the licensor to determine whether application sharing is permitted by the licensor. You must comply with all applicable laws regarding the use of the SOFTWARE PRODUCT.
SQL Server, Workstation System. If the SOFTWARE PRODUCT is SQL Server, Workstation System the following applies to your use of the SOFTWARE PRODUCT. Open Data Services. The Open Data Services component of the Server Software is licensed only for use with SQL Server and SQL Server extended stored procedures, and for developing and testing Open Data Services-based software applications. Any other use of the Open Data Services component, such as for general operation of (i) stand-alone gateways or (ii) custom Open Data Services-based applications, requires a separate license even if they are run on the same computer as SQL Server. Run-Time Software - You have a limited nonexclusive, royalty-free right to reproduce and distribute those DB-Library, Net-Library and ODBC files included in Microsoft SQL Server which are required for run-time execution of compiled applications ("Run-Time Files") in conjunction with and as a part of your application software product that is created using the Microsoft SQL Server Server Software ("Application"), provided that: (a) you comply with the export restrictions in Section 6; (b) you do not use Microsoft's name, logo, or trademarks to market your Application; (c) you include a valid copyright notice in your Application; (d) if your Application contains ODBC files, (i) your Application must operate in conjunction with Microsoft SQL Server, and (ii) you agree to distribute all ODBC components specified in the README file in conjunction with your Application; (e) you do not charge separately for the Run-Time Files; (f) you do not modify the Run-Time Files; and (g) you agree to indemnify, hold harmless, and defend Microsoft, Manufacturer, and their suppliers from and against any claims or lawsuits, including attorneys' fees, that arise or result from the use or distribution of your Application. You shall display any patent or proprietary notices on each copy of your Application(s) that contains Run-Time Files, if an as required in the documentation or other materials provided with the SOFTWARE PRODUCT, or subsequently provided to you by Microsoft or Manufacturer.
Note On JAVA Support. The SOFTWARE PRODUCT may contain support for programs written in JAVA. JAVA technology is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of JAVA technology could lead directly to death, personal injury, or severe physical or environmental damage.
Multiple Processor Version Selection. The CD or diskette(s) on which the SOFTWARE PRODUCT resides may contain several copies of the SOFTWARE PRODUCT, each of which is compatible with a different microprocessor architecture, such as the x86 architecture or various RISC architectures ("Processor Version(s)"). You may install and use only one copy of one Processor Version of the SOFTWARE PRODUCT on the COMPUTER.
Language Version Selection. Manufacturer may have elected to provide you with a selection of language versions for one or more of the Microsoft software products licensed under this EULA. If the SOFTWARE PRODUCT is included in more than one language version, you are licensed to use only one of the language versions provided. As part of the setup process for the SOFTWARE PRODUCT you will be given a one-time option to select a language version. Upon selection, the language version selected by you will be set up on the COMPUTER, and the language version(s) not selected by you will be automatically and permanently deleted from the hard disk of the COMPUTER.
Limitations on Reverse Engineering, Decompilation and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer.
Single COMPUTER. The SOFTWARE PRODUCT is licensed with the HARDWARE as a single integrated product. The SOFTWARE PRODUCT may only be used with the HARDWARE as set forth in this EULA.
Single EULA. The package for the SOFTWARE PRODUCT 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 PRODUCT.
Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.
Software Transfer. You may permanently transfer all of your rights under this EULA only as part of a sale or transfer of the HARDWARE, provided you retain no copies, you transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this EULA and, if applicable, the Certificate(s) of Authenticity), and the recipient agrees to the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior versions of the SOFTWARE PRODUCT.
Termination. Without prejudice to any other rights, Microsoft or Manufacturer may terminate your right to use the SOFTWARE PRODUCT under this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
3. UPGRADES. If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly licensed to use a product identified by Microsoft or Manufacturer as being eligible for the upgrade in order to use the SOFTWARE PRODUCT ("Eligible Product"). For the purpose of upgrade products only, "HARDWARE" shall mean the computer system or computer system component with which you received the Eligible Product. A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements the Eligible Product which came with the HARDWARE. You may use the resulting upgraded product only in accordance with the terms of this EULA and only with the HARDWARE.
4. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text and "applets," incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT, are owned by Microsoft or its suppliers. You may not copy the printed materials accompanying the SOFTWARE PRODUCT. All rights not specifically granted under this EULA are reserved by Microsoft.
5. SOFTWARE MEDIA. You may receive the SOFTWARE PRODUCT in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for the COMPUTER. You may not use or install the other medium on another computer. You may not loan, rent, lease, or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the SOFTWARE PRODUCT.
6. EXPORT RESTRICTIONS. You agree that neither you nor your customers intend to or will, directly or indirectly, export or transmit (i) the SOFTWARE PRODUCT or related documentation and technical data, or (ii) your Application, as described above in Section 2, developed with SQL Server Server software, or process, or service that is the direct product of the SOFTWARE PRODUCT to any country to which such export or transmission is restricted by any applicable U.S. regulation or statute, without the prior written consent, if required, of the Bureau of Export Administration of the U.S. Department of Commerce, or such other governmental entity as may have jurisdiction over such export or transmission.
If SOFTWARE PRODUCT is labeled "North America Only Version" above, on the Product Identification Card, or on the SOFTWARE PRODUCT packaging or other written materials, then the following applies: The SOFTWARE PRODUCT is intended for distribution only in the United States and Canada. Export of the SOFTWARE PRODUCT from the United States is regulated by the International Traffic in Arms Regulations (ITAR, 22 CFR 120-130) of the U.S. State Department, Office of Defense Trade Controls. A State Department license is required to export the SOFTWARE PRODUCT outside the United States or Canada. You agree that you will not directly or indirectly, export or re-export the SOFTWARE PRODUCT (or portions thereof) to any country, other than Canada, or to any person, entity or end user subject to U.S. export restrictions without first obtaining a State Department export license. You warrant and represent that neither the U.S. State Department Office of Defense Trade Controls nor any other U.S. federal agency has suspended, revoked or denied your export privileges.
7. PRODUCT SUPPORT. Product support for the SOFTWARE PRODUCT is not provided by Microsoft or its 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.
FOR THE LIMITED WARRANTIES AND SPECIAL PROVISIONS PERTAINING TO YOUR PARTICULAR JURISDICTION, PLEASE REFER TO THE WARRANTIES INCLUDED BELOW OR PROVIDED WITH THE SOFTWARE PRODUCT PRINTED MATERIALS.
APPENDIX
WARRANTY AND SPECIAL PROVISIONS FOR THE UNITED STATES OF AMERICA AND ANY OTHER COUNTRY
LIMITED WARRANTY
LIMITED WARRANTY. PC 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. PC Manufacturer's and its suppliers' entire liability and your exclusive remedy shall be, at PC 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 PC 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, PC 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 PC 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 PC Manufacturer has been advised of the possibility of such damages. In any case, PC 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 RESTRICTED RIGHTS. The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the United States 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 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.
WARRANTY AND SPECIAL PROVISIONS FOR CANADA
LIMITED WARRANTY
LIMITED WARRANTY. PC 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. PC Manufacturer's and its suppliers' entire liability and your exclusive remedy shall be, at PC 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 PC 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, PC 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 PC 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 PC Manufacturer has been advised of the possibility of such damages. In any case, PC 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.
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. PC 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, PC Manufacturer's and its supplier's entire liability and your exclusive remedy under the express warranty is, at PC 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 PC 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 PC 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 PC 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 PC 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. PC 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.
WARRANTY AND SPECIAL PROVISIONS FOR ENGLAND, SCOTLAND, WALES AND IRELAND
LIMITED WARRANTY
LIMITED WARRANTY. PC 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. PC Manufacturer's and its suppliers' entire liability and your exclusive remedy shall be, at PC 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 PC 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, PC 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 PC 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 PC Manufacturer has been advised of the possibility of such damages. In any case, PC 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 the laws of England.
