| 1 | SUPPLEMENTAL END USER LICENSE AGREEMENT FOR MICROSOFT SOFTWARE |
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| 2 | |
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| 3 | IMPORTANT: READ CAREFULLY - These Microsoft Corporation ("Microsoft") |
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| 4 | operating system components, including any "online" or electronic |
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| 5 | documentation ("OS Components") are subject to the terms and conditions of the |
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| 6 | agreement under which you have licensed the applicable Microsoft operating |
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| 7 | system product ("OS Product") described below (each an "End User License |
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| 8 | Agreement" or "EULA") and the terms and conditions of this Supplemental EULA. |
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| 9 | BY INSTALLING, COPYING, OR OTHERWISE USING THE OS COMPONENTS, YOU AGREE TO BE |
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| 10 | BOUND BY THE TERMS AND CONDITIONS OF THE APPLICABLE OS PRODUCT EULA AND THIS |
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| 11 | SUPPLEMENTAL EULA. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT |
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| 12 | INSTALL, COPY, OR USE THE OS COMPONENTS. |
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| 13 | |
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| 14 | NOTE: IF YOU DO NOT HAVE A VALID EULA FOR ANY "OS PRODUCT" (MICROSOFT WINDOWS |
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| 15 | 95, MICROSOFT WINDOWS 98, MICROSOFT WINDOWS NT WORKSTATION 4.0, MICROSOFT |
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| 16 | WINDOWS NT SERVER 4.0, MICROSOFT WINDOWS NT SERVER, ENTERPRISE EDITION 4.0 OR |
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| 17 | MICROSOFT WINDOWS NT SERVER 4.0, TERMINAL SERVER EDITION), YOU ARE NOT |
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| 18 | AUTHORIZED TO INSTALL, COPY, OR OTHERWISE USE THE OS COMPONENTS AND YOU HAVE |
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| 19 | NO RIGHTS UNDER THIS SUPPLEMENTAL EULA. |
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| 20 | |
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| 21 | Capitalized terms used in this Supplemental EULA and not otherwise defined |
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| 22 | herein shall have the meanings assigned to them in the applicable OS Product |
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| 23 | EULA. |
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| 24 | |
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| 25 | General. The OS Components are provided to you by Microsoft to update, |
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| 26 | supplement, or replace existing functionality of the applicable OS Product. |
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| 27 | In the event your OS Product is a version of Windows NT Server, the OS |
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| 28 | Components are deemed "Client Software." Microsoft grants you a license to use |
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| 29 | the OS Components under the terms and conditions of the OS Product EULA for |
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| 30 | the applicable OS Product (which are hereby incorporated by reference) and the |
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| 31 | terms and conditions set forth in this Supplemental EULA, provided that you |
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| 32 | comply with all such terms and conditions. To the extent that any terms in |
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| 33 | this Supplemental EULA conflict with terms in the applicable OS Product EULA, |
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| 34 | the terms of this Supplemental EULA control solely with respect to the OS |
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| 35 | Components. |
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| 36 | |
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| 37 | Additional Rights and Limitations. |
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| 38 | |
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| 39 | * If you have multiple validly licensed copies of the applicable OS |
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| 40 | Product(s), you may reproduce, install, and use one copy of the Operating |
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| 41 | System Components as part of such applicable OS Product(s) on all of your |
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| 42 | computers running validly licensed copies of the OS Product(s) provided that |
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| 43 | you use such additional copies of the Operating System Components in |
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| 44 | accordance with the terms and conditions above. For each validly licensed copy |
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| 45 | of the applicable OS Product, you also may reproduce one additional copy of |
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| 46 | the Operating System Components solely for archival purposes or reinstallation |
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| 47 | of the Operating System Components on the same computer as the Operating |
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| 48 | System Components were previously installed. Microsoft retains all right, |
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| 49 | title, and interest in and to the Operating System Components. All rights not |
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| 50 | expressly granted are reserved by Microsoft. |
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| 51 | |
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| 52 | * The OS Components may contain technology that enables applications to |
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| 53 | be shared between two or more computers, even if an application is installed |
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| 54 | on only one of the computers. You may use this technology with all Microsoft |
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| 55 | application products for multi-party conferences. For non-Microsoft |
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| 56 | applications, you should consult the accompanying license agreement or contact |
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| 57 | the licensor to determine whether application sharing is permitted by the |
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| 58 | licensor. |
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| 59 | |
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| 60 | Note on Java Support. The OS Components may contain support for programs |
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| 61 | written in Java. Java technology is not fault tolerant and is not designed, |
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| 62 | manufactured, or intended for use or resale as on-line control equipment in |
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| 63 | hazardous environments requiring fail-safe performance, such as in the |
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| 64 | operation of nuclear facilities, aircraft navigation or communication systems, |
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| 65 | air traffic control, direct life support machines, or weapons systems, in |
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| 66 | which the failure of Java technology could lead directly to death, personal |
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| 67 | injury, or severe physical or environmental damage. Sun Microsystems, Inc. has |
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| 68 | contractually obligated Microsoft to make this disclaimer. |
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| 69 | |
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| 70 | * Subject to the distribution requirements described below, if you |
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| 71 | obtain the OS Components on a CD-ROM from Microsoft, you may redistribute |
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| 72 | sp5i386.exe, sp5alpha.exe, sp5symi.exe and sp5syma.exe separately or together |
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| 73 | (collectively "Redistributable Code"). You must verify that you are |
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| 74 | distributing the most recent version of the Redistributable Code. Check the |
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| 75 | Microsoft FTP server at |
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| 76 | ftp://ftp.microsoft.com/bussys/winnt/winnt-public/fixes/ for the latest |
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| 77 | version. If you find a more recent version of the Microsoft FTP server, you |
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| 78 | may download such files for your own use; provided, however, you may not |
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| 79 | redistribute any such files without first obtaining them on a CD-ROM from |
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| 80 | Microsoft. |
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| 81 | |
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| 82 | DISTRIBUTION REQUIRMENTS: Microsoft grants you the non-exclusive, worldwide, |
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| 83 | royalty free, right and license to reproduce and distribute an unlimited |
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| 84 | number of copies of the Redistributable Code either for use in conjunction |
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| 85 | with your computer hardware product or with your own software product, |
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| 86 | designed to operate in conjunction with Microsoft Windows NT, provided: |
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| 87 | (a) each copy of the Redistributable Code is a true and complete copy made |
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| 88 | directly from the Microsoft CD-ROM; |
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| 89 | (b) you require any installation of the Redistributable Code to be made by |
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| 90 | running the self-extracting executable file or files; |
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| 91 | (c) you distribute the readme.txt file and \drvlib directory along with and in |
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| 92 | the same directory as any individual or group of Redistributable Code you |
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| 93 | distribute; |
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| 94 | (d) you distribute your own software product containing the Redistributable |
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| 95 | Code on a CD-ROM and pursuant to an End-User License Agreement with terms no |
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| 96 | less protective than those contained in the applicable OS Product EULA. Your |
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| 97 | End-User License Agreement may be "break-the-seal", "click-wrap" or signed; |
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| 98 | (e) you include all copyright and trademark notices contained in the |
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| 99 | Redistributable Code; |
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| 100 | (f) you do not distribute the Redistributable Code for profit; |
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| 101 | (g) you do not modify the Redistributable Code; and |
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| 102 | (h) you do not permit further redistribution of the Redistributable Code. |
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| 103 | |
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| 104 | Export Restrictions. |
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| 105 | |
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| 106 | You agree that you will not export or re-export the OS Componenets to any |
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| 107 | country, person, or entity subject to U.S. export restrictions. You |
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| 108 | specifically agree not to export or re-export the OS Components: |
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| 109 | (i) to any country to which the U.S. has embargoed or restricted the export of |
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| 110 | goods or services, which as of March 1999 include, but are not necessarily |
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| 111 | limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria, or to any |
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| 112 | national of any such country, wherever located, who intends to transmit or |
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| 113 | transport the OS Components back to such country; |
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| 114 | (ii) to any person or entity who you know or have reason to know will utilize |
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| 115 | the OS Components or portion thereof in the design, development or production |
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| 116 | of nuclear, chemical or biological weapons; or |
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| 117 | (iii) to any person or entity who has been prohibited from participating in |
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| 118 | U.S. export transactions by any federal agency of the U.S. government. You |
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| 119 | warrant and represent that neither the BXA nor any other U.S. federal agency |
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| 120 | has suspended, revoked or denied your export privileges. For additional |
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| 121 | information see http://www.microsoft.com/exporting/. |
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| 122 | |
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| 123 | Redistributable Code is a subset of the OS Components and is subject to the |
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| 124 | same Export Restrictions. |
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| 125 | |
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| 126 | IF THE APPLICABLE OS PRODUCT WAS LICENSED TO YOU BY MICROSOFT OR ANY OF ITS |
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| 127 | WHOLLY OWNED SUBSIDIARIES, THE LIMITED WARRANTY (IF ANY) INCLUDED IN THE |
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| 128 | APPLICABLE OS PRODUCT EULA APPLIES TO THE OS COMPONENTS PROVIDED THE OS |
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| 129 | COMPONENTS HAVE BEEN LICENSED BY YOU WITHIN THE TERM OF THE LIMITED WARRANTY |
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| 130 | IN THE APPLICABLE OS PRODUCT EULA. HOWEVER, THIS SUPPLEMENTAL EULA DOES NOT |
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| 131 | EXTEND THE TIME PERIOD FOR WHICH THE LIMITED WARRANTY IS PROVIDED. |
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| 132 | |
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| 133 | IF THE APPLICABLE OS PRODUCT WAS LICENSED TO YOU BY AN ENTITY OTHER THAN |
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| 134 | MICROSOFT OR ANY OF ITS WHOLLY OWNED SUBSIDIARIES, MICROSOFT DISCLAIMS ALL |
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| 135 | WARRANTIES WITH RESPECT TO THE OS COMPONENT AS FOLLOWS: |
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| 136 | |
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| 137 | DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, |
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| 138 | MICROSOFT AND ITS SUPPLIERS PROVIDE TO YOU THE OS COMPONENTS, AND ANY (IF ANY) |
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| 139 | SUPPORT SERVICES RELATED TO THE OS COMPONENTS ("SUPPORT SERVICES") AS IS AND |
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| 140 | WITH ALL FAULTS; AND MICROSOFT AND ITS SUPPLIERS HEREBY DISCLAIM WITH RESPECT |
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| 141 | TO THE OS COMPONENTS AND SUPPORT SERVICES ALL WARRANTIES AND CONDITIONS, |
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| 142 | WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF |
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| 143 | ANY) WARRANTIES OR CONDITIONS OF OR RELATED TO: TITLE, NON-INFRINGEMENT, |
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| 144 | MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY |
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| 145 | OR COMPLETENESS OF RESPONSES, RESULTS, LACK OF NEGLIGENCE OR LACK OF |
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| 146 | WORKMANLIKE EFFORT, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO |
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| 147 | DESCRIPTION. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE |
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| 148 | OPERATING SYSTEM COMPONENTS AND ANY SUPPORT SERVICES REMAINS WITH YOU. |
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| 149 | |
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| 150 | EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, AND CERTAIN OTHER DAMAGES. TO THE |
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| 151 | MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT OR ITS |
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| 152 | SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL |
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| 153 | DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF |
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| 154 | PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, |
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| 155 | PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD |
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| 156 | FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER |
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| 157 | LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR |
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| 158 | INABILITY TO USE THE OS COMPONENTS OR THE SUPPORT SERVICES, OR THE PROVISION |
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| 159 | OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION |
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| 160 | WITH ANY PROVISION OF THIS SUPPLEMENTAL EULA, EVEN IF MICROSOFT OR ANY |
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| 161 | SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. |
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| 162 | |
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| 163 | LIMITATION OF LIABILITY AND REMEDIES. NOT WITHSTANDING ANY DAMAGES THAT YOU |
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| 164 | MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL |
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| 165 | DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE |
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| 166 | LIABILITY OF MICROSOFT AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS |
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| 167 | SUPPLEMENTAL EULA AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE |
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| 168 | LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE OPERATING |
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| 169 | SYSTEM COMPONENTS OR U.S.$5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND |
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| 170 | DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, |
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| 171 | EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. |
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