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

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7. CONSENT TO USE OF DATA. You agree that Microsoft and its affiliates may collect and use
technical information gathered as part of the product support services provided to you, if any, related to
the Software. Microsoft may use this information solely to improve our products or to provide
customized services or technologies to you and will not disclose this information in a form that
personally identifies you.
8. LINKS TO THIRD-PARTY SITES. You may link to third party Internet sites through the use of
the Software. Microsoft does not control the third party sites, and Microsoft is 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. Microsoft is not responsible for web-casting or any other form of transmission received
from any third party sites. Microsoft is providing you these links to third party sites to you only as a
convenience, and the inclusion of any link does not imply an endorsement by Microsoft of the third party
site.
9. 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
Software, 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/.
10. SOFTWARE TRANSFER. The initial user of the Software may make a one-time permanent
transfer of this EULA and Software to another end user, provided the initial user retains no copies of the
Software. This transfer must include all of the Software (including all component parts, the media and
printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity). The
transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user
receiving the Software must agree to all the EULA terms.
11. TERMINATION. Without prejudice to any other rights, Microsoft may terminate 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 and all of its component parts.
12. DISCLAIMER OF WARRANTIES. to the maximum extent permitted by applicable law,
Microsoft and its suppliers provide the Software and support services (if any) AS IS AND WITH
ALL FAULTS, and hereby disclaim all other warranties and conditions, whether express, implied
or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of
merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or
completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of
negligence, all with regard to the Software and the provision of or failure to provide support or
other services, information, software, and related content through the Software or otherwise
arising out of the use of the Software. ALSO, THERE IS NO WARRANTY OR CONDITION OF
TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, OR
NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.
13. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. To
the maximum extent permitted by applicable law, in no event shall Microsoft or its suppliers be
liable for any special, incidental, punitive, indirect, or consequential damages whatsoever
(including, but not limited to, damages for loss of profits or confidential or other information, for
business interruption, for personal injury, for loss of privacy, for failure to meet any duty
including of good faith or of reasonable care, for negligence, and for any other pecuniary or
other loss whatsoever) arising out of or in any way related to the use of or inability to use the
SOFTWARE, the provision of or failure to provide Support OR OTHER Services, information,
software, and related CONTENT through the software or otherwise arising out of the use of the
software, or otherwise under or in connection with any provision of this EULA, even in the event