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MICROSOFT END-USER LICENSE AGREEMENT
You have acquired a device (“DEVICE”) that includes
software licensed by Imerge Ltd. from an afliate 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 Certicate 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
(specic tasks or processes) for which the DEVICE has
been designed and marketed by Imerge Ltd.. This license
specically 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 trafc 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.
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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 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 Certicate 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 afliates 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 afliates may use this information
solely to improve their products or to provide customized
services or technologies to you. MS, Microsoft Corporation
and their afliates may disclose this information to others,
but not in a form that personally identies 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 afliates 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
afliates 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
rewalls, 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,
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