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180 DAY LICENSE
This is a legal agreement ("Agreement") between you (either anindividual or an entity), the end user ("Recipient"), andMicrosoft Corporation ("Microsoft"). BY INSTALLING, COPYING OROTHERWISE USING THE PRODUCT (AS DEFINEDBELOW), YOU AGREE TO BE BOUND BY THE TERMS OFTHIS AGREEMENT. IF YOU DO NOT AGREE TO THETERMS OF THIS AGREEMENT, DO NOT INSTALL, COPYOR USE THE PRODUCT.
MICROSOFT LICENSE AND NON-DISCLOSUREAGREEMENT FOR PRE-RELEASE CODE
for the Microsoft Product code-named "Whistler"
1. GRANT OF LICENSE FOR DUAL DISTRIBUTION. (a) Microsoft may provide the software accompanying this Agreement (the "Product") as a web-based download or on a CD-ROM. Solely for internal testing, Microsoft grants Recipient a limited, non-exclusive, non-assignable, nontransferable, royalty-free license to: (i) install and use two (2) copies of the server software component of the Product on computers residing on Recipient's premises (a computer running the server software component of the Product shall be referred to as the "Server"), and (ii) install and use an unlimited number of copies of the client software components of the Product (including any profiles created using the Product), on client computers residing on Recipient's premises and connected to a Server. The foregoing server software component limit is aggregate and applies regardless of how many copies of the Product Recipient obtains from Microsoft. If Recipient is downloading the Product from a Microsoft web site, Recipient may make one (1) additional copy of the Product onto a CD-ROM to exercise the rights granted above. All other rights are reserved to Microsoft. Recipient shall not rent, lease, sell, sublicense, assign, or otherwise transfer the Product or any accompanying printed materials ("Documentation"). Recipient may not reverse engineer or decompile the Product, except to the extent that local law expressly prohibits the foregoing restriction. Recipient may not use the Product in a live operating environment where it may be relied upon to perform in the same manner as a commercially released product or with data that has not been sufficiently backed up. Recipient may not use the Product for benchmark or performance testing. Microsoft and its suppliers shall retain title and all ownership rights to the Product, and this Agreement shall not be construed in any manner as transferring any rights of ownership or license to the Product or to the features or information therein, except as specifically stated herein.
(b) YOUR RIGHT TO USE THE PRODUCT SHALL BE EFFECTIVE FROM THE DATE YOU FIRST INSTALL ANY PORTION OF THE PRODUCT ON ANY DEVICE FOR A PERIOD OF ONE HUNDRED EIGHTY (180) DAYS. THE PRODUCT IS TIME SENSITIVE AND WILL NOT FUNCTION UPON EXPIRATION OF THE 180 DAY PERIOD. NOTICE OF EXPIRATION WILL NOT ACTIVELY BE GIVEN, SO YOU NEED TO PLAN FOR THE EXPIRATION DATE AND MAKE A COPY OF AND REMOVE YOUR IMPORTANT DATA BEFORE EXPIRATION. If you desire to use the Product after your evaluation is completed, you will need to acquire a validly licensed copy of the non-evaluation version of the Product.
(c) At Microsoft's request, Recipient agrees to provide reasonable feedback to Microsoft, including but not limited to usability, bug reports and test results, with respect to the Product testing. In addition, if requested by Microsoft, Recipient will use reasonable efforts to review and comment on all documentation supplied. All bug reports, test results and other feedback made by Recipient shall be the property of Microsoft and may be used by Microsoft for any purpose it sees fit. Due to the nature of the development work, Microsoft is not certain if errors or discrepancies in the Product may be corrected.
(d) Recipient's use of the Product shall take place solely at Recipient's site. Recipient may not demonstrate or show the Product to third parties without the express written permission of Microsoft.
(e) Recipient's use of software applications installed on or accessed through the Product's IntelliMirror, Terminal Services, or application-sharing functionality may require additional licenses - please consult the license agreement accompanying such software.
2. TERM OF AGREEMENT. The term of this Agreement shall commence upon Recipient's copying, installing or using the Product and shall continue unless terminated by Microsoft in writing at any time, with or without cause. This Agreement will terminate without notice upon the commercial release of the Product. Upon the termination of this Agreement, Recipient shall cease use of the Product and, shall, upon request, promptly return to Microsoft, or certify destruction of, all full or partial copies of the Product and related materials provided by Microsoft.
3. SUPPORT. Microsoft is not obligated to provide technical or other support for the Product. However, limited technical support ("Support Services"), if noted in the materials provided to Recipient by Microsoft, may be available. Use of any such Support Services is governed by the Microsoft policies and programs described in "online" documentation, and/or in other Microsoft-provided materials. Any supplemental software code provided to Recipient as part of the Support Services shall be considered part of the Product and subject to the terms and conditions of this Agreement. With respect to technical information Recipient provides 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 identifies Recipient. Such limited Support Services may not be available in all countries outside the United States and will be discontinued once the Product is commercially released.
4. MAINTENANCE. Microsoft is not obligated to provide maintenance, technical support, or updates to Recipient for Product licensed under this Agreement. In no event shall Microsoft be obligated to provide Recipient, free of charge, a copy of the commercial release version of the Product in connection with Recipient's participation in the testing program. Microsoft is not obligated to make the Product commercially available.
5. DISCLAIMER OF WARRANTIES. To the maximum extent permitted by applicable law, Microsoft and its suppliers provide to Recipient the Product and Support Services AS IS AND WITH ALL FAULTS; and Microsoft and its suppliers hereby disclaim with respect to the Product and Support Services all warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) warranties, duties or conditions of or related to: merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, workmanlike effort and lack of negligence. ALSO THERE IS NO WARRANTY, DUTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PRODUCT AND ANY SUPPORT SERVICES REMAINS WITH RECIPIENT.
6. 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, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT OR THE SUPPORT SERVICES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IF MICROSOFT OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that Recipient might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Microsoft and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to actual damages incurred by Recipient based on reasonable reliance up to the greater of the amount actually paid by Recipient for the Product or U.S.$5.00. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
8. GOVERNING LAW; ATTORNEYS' FEES. This Agreement shall be construed and controlled by the laws of the State of Washington and Recipient consents to the jurisdiction and venue in the federal courts sitting in King County, Washington, unless no federal subject matter jurisdiction exists, in which case Recipient consents to the jurisdiction and venue in the Superior Court of King County, Washington. Recipient waives all defenses of lack of personal jurisdiction and forum non conveniens. Process may be served on either party in the manner authorized by applicable law or court rule. If either Microsoft or Recipient employs attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees.
9. U.S. GOVERNMENT RESTRICTED RIGHTS. The Product and Documentation provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial rights and restrictions described elsewhere herein. Product and Documentation provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or FAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
10. EXPORT RESTRICTIONS. Recipient acknowledges that the Product is of U.S. origin. Recipient agrees to comply with all applicable international and national laws that apply to these products, including the U.S. Export Administration Regulations, as well as end-user, end-use and country destination restrictions issued by U.S. and other governments. For additional information on exporting Microsoft products, see http://www.microsoft.com/exporting/.
Should you have any questions concerning this Agreement, or ifyou desire to contact Microsoft for any reason, please write: Microsoft Corporation, WWPG Beta Team, One Microsoft Way,Redmond, WA 98052-6399.
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