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www.nilesaudio.com
MICROSOFT END-USER LICENSE AGREEMENT
You have acquired a device (“DEVICE”) that includes software
licensed by Imerge Ltd. from an affiliate of Microsoft® Corporation
(“MS”). Those installed software products of MS origin, as well
as associated media, printed materials, and “online” or electronic
documentation (“SOFTWARE”) are protected by international
intellectual property laws and treaties. Manufacturer, MS and its
suppliers (including Microsoft Corporation) own the title, copyright,
and other intellectual property rights in the SOFTWARE. The
SOFTWARE is licensed, not sold. All rights reserved
This End User License Agreement (“EULA”) is valid and grants the
end-user rights ONLY if the SOFTWARE is genuine and a genuine
Certificate of Authenticity for the SOFTWARE is included. For more
information on identifying whether your software is genuine, please
see http://www.microsoft.com/piracy/howtotell
IF YOU DO NOT AGREE TO THIS EULA, DO NOT USE THE
DEVICE OR COPY THE SOFTWARE. INSTEAD, PROMPTLY
CONTACT YOUR DEALER. FOR INSTRUCTIONS ON RETURN
OF THE UNUSED DEVICE(S) FOR A REFUND. ANY USE OF THE
SOFTWARE, INCLUDING BUT NOT LIMITED TO USE ON THE
DEVICE, WILL CONSTITUTE YOUR AGREEMENT TO THIS EULA
(OR RATIFICATION OF ANY PREVIOUS CONSENT)
GRANT OF SOFTWARE LICENSE. This EULA grants you the
following license:
You may use the SOFTWARE only on the DEVICE
Restricted Functionality. You are licensed to use the SOFTWARE to
provide only the limited functionality (specific tasks or processes)
for which the DEVICE has been designed and marketed by Imerge
Ltd.. This license specifically prohibits any other use of the software
programs or functions, or inclusion of additional software programs
or functions that do not directly support the limited functionality on
the DEVICE. Notwithstanding the foregoing, you may install or
enable on a DEVICE, systems utilities, resource management or
similar software solely for the purpose of administration, performance
enhancement and/or preventive maintenance of the DEVICE
If you use the DEVICE to access or utilize the services or functionality
of Microsoft Windows Server products (such as Microsoft Windows
Server 2003), or use the DEVICE to permit workstation or computing
devices to access or utilize the services or functionality of Microsoft
Windows Server products, you may be required to obtain a Client
Access License for the DEVICE and/or each such workstation or
computing device. Please refer to the end user license agreement for
your Microsoft Windows Server product for additional information
NOT FAULT TOLERANT. THE SOFTWARE IS NOT FAULT TOLERANT.
Imerge Ltd. HAS INDEPENDENTLY DETERMINED HOW TO USE THE
SOFTWARE IN THE DEVICE, AND MS HAS RELIED UPON Imerge
Ltd. TO CONDUCT SUFFICIENT TESTING TO DETERMINE THAT THE
SOFTWARE IS SUITABLE FOR SUCH USE
NO WARRANTIES FOR THE SOFTWARE. THE SOFTWARE is
provided “AS IS” and with all faults. THE ENTIRE RISK AS TO
SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND
EFFORT (INCLUDING LACK OF NEGLIGENCE) IS WITH YOU.
ALSO, THERE IS NO WARRANTY AGAINST INTERFERENCE
WITH YOUR ENJOYMENT OF THE SOFTWARE OR AGAINST
INFRINGEMENT. IF YOU HAVE RECEIVED ANY WARRANTIES
REGARDING THE DEVICE OR THE SOFTWARE, THOSE
WARRANTIES DO NOT ORIGINATE FROM, AND ARE NOT
BINDING ON, MS
No Liability for Certain Damages. EXCEPT AS PROHIBITED BY LAW,
MS SHALL HAVE NO LIABILITY FOR ANY INDIRECT, SPECIAL,
CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM
OR IN CONNECTION WITH THE USE OR PERFORMANCE OF
THE SOFTWARE. THIS LIMITATION SHALL APPLY EVEN IF ANY
REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL
MS BE LIABLE FOR ANY AMOUNT IN EXCESS OF U.S. TWO
HUNDRED FIFTY DOLLARS (U.S.$250.00)
Restricted Uses. The SOFTWARE is not designed or intended for use
or resale in hazardous environments requiring fail-safe performance,
such as in the operation of nuclear facilities, aircraft navigation or
communication systems, air traffic control, or other devices or systems
in which a malfunction of the SOFTWARE would result in foreseeable
risk of injury or death to the operator of the device or system, or to
others
Limitations on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the
SOFTWARE, except and only to the extent that such activity is
expressly permitted by applicable law notwithstanding this limitation
SOFTWARE as a Component of the DEVICE - Transfer. This license
may not be shared, transferred to or used concurrently on different
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computers. The SOFTWARE is licensed with the DEVICE as a single
integrated product and may only be used with the DEVICE. If the
SOFTWARE is not accompanied by a DEVICE, you may not use the
SOFTWARE. You may permanently transfer all of your rights under
this EULA only as part of a permanent sale or transfer of the DEVICE,
provided you retain no copies of the SOFTWARE. If the SOFTWARE
is an upgrade, any transfer must also include all prior versions of
the SOFTWARE. This transfer must also include the Certificate of
Authenticity label. 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
Consent to Use of Data. You agree that MS, Microsoft Corporation
and their affiliates may collect and use technical information
gathered in any manner as part of product support services related
to the SOFTWARE. MS, Microsoft Corporation and their affiliates
may use this information solely to improve their products or to
provide customized services or technologies to you. MS, Microsoft
Corporation and their affiliates may disclose this information to
others, but not in a form that personally identifies you
Internet-Based Services Components. The SOFTWARE may contain
components that enable and facilitate the use of certain Internet-
based services. You acknowledge and agree that MS, Microsoft
Corporation or their affiliates may automatically check the version
of the SOFTWARE and/or its components that you are utilizing
and may provide upgrades or supplements to the SOFTWARE
that may be automatically downloaded to your DEVICE. Microsoft
Corporation or their affiliates do not use these features to collect any
information that will be used to identify you or contact you. For more
information about these features, please see the privacy statement at
http://go.microsoft.com/fwlink/?LinkId=25243
Links to Third Party Sites. You may link to third party sites through
the use of the SOFTWARE. The third party sites are not under the
control of MS or Microsoft Corporation, and MS or Microsoft are
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. MS or Microsoft Corporation is not responsible for
webcasting or any other form of transmission received from any third
party sites. MS or Microsoft Corporation are providing these links
to third party sites to you only as a convenience, and the inclusion
of any link does not imply an endorsement by MS or Microsoft
Corporation of the third party site
Notice Regarding Security. To help protect against breaches of
security and malicious software, periodically back up your data and
system information, use security features such as firewalls, and install
and use security updates
No Rental/Commercial Hosting. You may not rent, lease, lend or
provide commercial hosting services with the SOFTWARE to others
Separation of Components. The SOFTWARE is licensed as a single
product. Its component parts may not be separated for use on more
than one computer
Additional Software/Services. This EULA applies to updates,
supplements, add-on components, product support services, or
Internet-based services components (“Supplemental Components”),
of the SOFTWARE that you may obtain from Imerge Ltd., MS,
Microsoft Corporation or their subsidiaries after the date you
obtain your initial copy of the SOFTWARE, unless you accept
updated terms or another agreement governs. If other terms are
not provided along with such Supplemental Components and the
Supplemental Components are provided to you by MS, Microsoft
Corporation or their subsidiaries then you will be licensed by such
entity under the same terms and conditions of this EULA, except that
(i) MS, Microsoft Corporation or their subsidiaries providing the
Supplemental Components will be the licensor with respect to such
Supplemental Components in lieu of “Imerge Ltd.” for the purposes
of the EULA, and (ii) TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE SUPPLEMENTAL COMPONENTS AND ANY
(IF ANY) SUPPORT SERVICES RELATED TO THE SUPPLEMENTAL
COMPONENTS ARE PROVIDED AS IS AND WITH ALL FAULTS.
ALL OTHER DISCLAIMERS, LIMITATION OF DAMAGES, AND
SPECIAL PROVISIONS PROVIDED BELOW AND/OR OTHERWISE
WITH THE SOFTWARE SHALL APPLY TO SUCH SUPPLEMENTAL
COMPONENTS. MS, Microsoft Corporation or their subsidiaries
reserve the right to discontinue any Internet-based services provided
to you or made available to you through the use of the SOFTWARE
End User Proof of License. If you acquired the SOFTWARE on
a DEVICE, or on a compact disc or other media, a genuine
Microsoft “Proof of License”/Certificate of Authenticity label with a
genuine copy of the SOFTWARE identifies a licensed copy of the
SOFTWARE. To be valid, the label must be affixed to the DEVICE, or
appear on Imerge Ltd’s software packaging. If you receive the label
separately other than from Imerge Ltd., it is invalid. You should keep
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