3.5.1/3.6.1 HP PolyServe Matrix Server Third-Party Licenses (T5392-96021, January 2009)

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Microsoft’s copyright in the Software; (g) you will not remove or obscure any copyright, trademark or
patent notices that appear on or in the Software as delivered to you; (h) you will indemnify, hold
harmless, and defend Microsoft from and against any claims or lawsuits, including attorneys’ and
experts’ fees, that arise or result from the use or distribution of your Application; and (i) you will
otherwise comply with the terms of this EULA. You may not permit further distribution of
Redistributables by your end users except that you may permit further redistribution of Redistributables
by your distributors to end users if your distributors only distribute the Redistributables in conjunction
with and as part of your Application or Applications, you comply with all other terms of this EULA, and
your distributors comply with all restrictions of this EULA that are applicable to you.
4.2 Prerelease Code. The Software may contain prerelease code that might not operate
correctly, is not at the level of performance and compatibility of the final, generally available product
offering, and might be substantially modified prior to shipment of that offering. Microsoft is not obligated
to make this or any later version of the Software commercially available. Your license under Section 3 to
distribute any Redistributables identified in the documentation as prerelease, alpha, beta or release
candidate code or under a similar designation indicating code that is not intended for commercial
distribution (collectively, “Prerelease Code”) is conditioned upon your marking the version of your
Application containing the Prerelease Code as “BETA,” “PRE-RELEASE” or other reasonable
designation of similar import. Your license under Section 3 to distribute Prerelease Code terminates
upon Microsoft’s publicly announced commencement of the commercial availability of the Microsoft
Operating System Product for which your Application is developed.
4.3 Excluded Licenses. If you use the Redistributables, then in addition to your
compliance with the applicable distribution requirements described for the Redistributables, the
following also applies. Your license rights to Redistributables are conditioned on your not (a) creating
derivative works of Redistributables in any manner that would cause Redistributables in whole or in part
to become subject to any of the terms of an Excluded License; or (b) distributing Redistributables (or
derivative works thereof) in any manner that would cause Redistributables to become subject to any of
the terms of an Excluded License. An “Excluded License” is any license that requires as a condition of
use, modification and/or distribution of software subject to the Excluded License, that such software or
other software combined and/or distributed with such software be (x) disclosed or distributed in source
code form; (y) licensed for the purpose of making derivative works; or (z) redistributable at no charge.
5. RESERVATION OF RIGHTS; OTHER RESTRICTIONS. The Software is protected by
copyright and other intellectual property laws and treaties. Microsoft or its suppliers own the title,
copyright, and other intellectual property rights in the Software. The Software is licensed, not sold.
Microsoft reserves all rights not expressly granted to you in this EULA. Reverse engineering,
decompiling, or disassembling the Software is prohibited, except and only to the extent that such activity
is expressly permitted by applicable law notwithstanding this limitation.
6. PRODUCT SUPPORT SERVICES AND INTERNET-BASED INFORMATION. Microsoft may
provide you with product support services and Internet-based information in connection with the
Software. Use of any such product support services is governed by the Microsoft policies and programs
described in the user manual, in online documentation, on Microsoft’s support webpage, or in other
Microsoft-provided materials. Any software Microsoft may provide you as part of such product support
services is governed by this EULA, unless separate terms are provided. Any Internet-based information
Microsoft provides for use with the Software may only be used in the ordinary operation of the Software.
This EULA does not obligate Microsoft to provide any product support services or Internet-based
information, or to provide support for any Internet-based information or any software provided as part of
product support services. Microsoft reserves the right to discontinue any product support services and
Internet-based information at any time.