User's Manual

Appendixes 51
O Termination. Without prejudice to any other rights, Microsoft may terminate Your rights 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 and all of its component parts.
O Trademarks. This EULA does not grant You any rights in connection with any trademarks or service
marks of Microsoft or its suppliers.
O Support Services. Microsoft may provide You with support services related to the SOFTWARE and/or
Hardware Device (“Support Services”). Use of Support Services is governed by the Microsoft policies
and programs described in the user manual, in “online” documentation, and/or other Microsoft-
provided materials. Any supplemental software code provided to You as a part of Support Services
shall be considered part of the SOFTWARE and subject to the terms of this EULA. With respect to
technical information You provide to Microsoft as part of the Support Services, Microsoft may use such
information for its business purposes, including for product support and development. Microsoft will not
utilize such technical information in a form that personally identies You.
3. COPYRIGHT. All title and intellectual property rights in and to the SOFTWARE (including but not
limited to any images, photographs, animations, video, audio, music, text and “applets,” incorporated
into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are owned
by Microsoft or its suppliers. All title and intellectual property rights in and to the content which is not
contained in the SOFTWARE but may be accessed through use of the SOFTWARE is the product of the
respective content owner and may be protected by applicable copyright or other intellectual property
laws and treaties. This EULA grants You no rights to use such content. Use of any on-line services which
may be accessed through the SOFTWARE may be governed by the respective terms of use relating to
such services. If this SOFTWARE contains documentation which is provided only in electronic form,
You may print one copy of such electronic documentation. You may not copy the printed materials
accompanying the Hardware Device and SOFTWARE. All rights not specically granted under this EULA
are reserved by Microsoft and its suppliers.
4. EXPORT RESTRICTIONS. You acknowledge that the SOFTWARE licensed under this EULA 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 government. For additional information see:
http://www.microsoft.com/exporting/.
GENERAL PROVISIONS
These provisions 5, 6 and 7 apply to the Software Product License and the below Limited Warranty.
5. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES and LIMITATION
OF LIABILITY. TO THE FULL EXTENT ALLOWED BY LAW, MICROSOFT IS NOT LIABLE FOR ANY:
(i) CONSEQUENTIAL OR INCIDENTAL DAMAGES;
(ii) DAMAGES OR LOSS OF ANY NATURE WHATSOEVER RELATING TO LOST PROFITS, LOSS OF DATA
OR PRIVACY OR CONFIDENTIALITY, ANY INABILITY TO USE ALL OR PART OF THE HARDWARE DEVICE OR
SOFTWARE, PERSONAL INJURY, OR ANY FAILURE TO MEET ANY DUTY (INCLUDING BUT NOT LIMITED TO
ANY LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT); OR
(iii) INDIRECT, SPECIAL, OR PUNITIVE DAMAGES;
ARISING OUT OF OR RELATING IN ANY WAY TO THE SOFTWARE OR HARDWARE DEVICE. THE FOREGOING
APPLIES EVEN IF MICROSOFT OR ANY SUPPLIER OR AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH LOSSES OR DAMAGES; EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE), STRICT
OR PRODUCT LIABILITY, MISREPRESENTATION OR OTHER REASON; AND EVEN IF ANY REMEDY FAILS
OF ITS ESSENTIAL PURPOSE. Some jurisdictions do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation or exclusions may not apply to you.
6. GOVERNING LAW. If You acquired the Hardware Device in the United States of America, the laws
of the State of Washington, U.S.A., apply to this agreement. If You acquired the Hardware Device in
Canada, except where expressly prohibited by local laws, the laws in force in the Province of Ontario,
Canada apply to this agreement and 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.
If You acquired this Hardware Device outside of the countries listed above, then local laws may apply.
7. QUESTIONS. Should You have any questions concerning this agreement, or if You desire to contact
Microsoft for any reason, please use the address information enclosed in the Hardware Device to
contact the Microsoft subsidiary serving Your country, or visit Microsoft on the World Wide Web at
http://www.microsoft.com.
X1026439_APX.indd 11/19/2003, 8:36 AM51