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| subject: | Re: PLS HELP, URGENT - FAILING HARD DRIVE |
From: "Frank Haber"
Ah, would that it were true generally.
To counter the above regrettable decline in prolixity and obfuscation, I
was sore tempted to include large quoations from a certain paen to the
virtues of the madeleine confection, especially to the papillary sensations
of the child. I should then have been subject, however, to a justifiable
cry of, "off-topic!" and to a veritable symphony of rude noises
from the bleachers. I substitute, therefore, the following little ditty,
villanelle, nay bagatelle for your delectation:
END-USER LICENSE AGREEMENT FOR MICROSOFT(R) SOFTWARE (NON-OPERATING SYSTEM)
NOTE: This product may not set up on your computer unless or until you
accept the terms of the applicable End-User License Agreement
("EULA"). The terms of a printed, paper EULA, which may
accompany the product, supersede the terms of any on-screen EULA found
within the product. For your future reference, you may print the text of
the EULA, or refer to a copy of the EULA that can be found either online in
or with this product. If you are accessing an online version of the EULA
and would like to print the EULA before proceeding, please exit set-up by
pressing the "disagree" button and then print the EULA from the
online file. You may resume set-up at any time.
IMPORTANT-READ CAREFULLY: This EULA is a legal agreement between you
(either an individual person or a single legal entity, who will be referred
to in this EULA as "You") and the manufacturer
("Manufacturer") of the computer system or computer system
component ("HARDWARE") with which You acquired the Microsoft
software product(s) identified above or on the Product Identification Card
accompanying this EULA or on the Product Identification Label attached to
the product package ("SOFTWARE PRODUCT"). If the SOFTWARE
PRODUCT is not accompanied by a new computer system or computer system
component, You may not use or copy the SOFTWARE PRODUCT. The SOFTWARE
PRODUCT includes Microsoft computer software, any associated media, printed
materials, and any electronic documentation. Note, however, that any
software, documentation, or web services that are included in the SOFTWARE
PRODUCT, or accessible via the SOFTWARE PRODUCT, and are accompanied by
their own license agreements or terms of use are governed by such
agreements and terms of use rather than this EULA. This EULA is valid and
grants the end-user license rights ONLY if the SOFTWARE PRODUCT is genuine
and a genuine Certificate of Authenticity for the SOFTWARE PRODUCT is
included as part of the SOFTWARE PRODUCT. By installing, copying,
downloading, accessing or otherwise using the SOFTWARE PRODUCT, You agree
to be bound by the terms of this EULA. If You do not agree to the terms of
this EULA, Manufacturer and Microsoft Licensing, Inc. ("MS") are
unwilling to license the SOFTWARE PRODUCT. In such event, You may not use
or copy the SOFTWARE PRODUCT, and You should promptly contact Manufacturer
for instructions on return of the product(s) for a refund in accordance
with Manufacturer's return policies.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by intellectual property laws and
treaties. The SOFTWARE PRODUCT is licensed, not sold. The term
"COMPUTER" as used herein shall mean the HARDWARE, if the
HARDWARE is a single computer system, or shall mean the computer system
with which the HARDWARE operates, if the HARDWARE is a computer system
component.
1. GRANT OF LICENSE. This Section of the EULA describes Your general
license rights to install and use the SOFTWARE PRODUCT. The license rights
described in this Section are subject to all other terms and conditions of
this EULA.
General License Grant to Install and Use. Except as otherwise expressly
provided in this EULA, You may only install and use one copy of the
SOFTWARE PRODUCT on the COMPUTER. The SOFTWARE PRODUCT may not be
installed, accessed, displayed, run, shared or used concurrently on or from
different computers, including a workstation, terminal or other digital or
analog electronic device ("Device"), except as set forth below
for Sharepoint Team Services.
Additional License Grant for Media Elements. The SOFTWARE PRODUCT may
include certain photographs, clip art, animations, sounds, music and video
clips (together "MEDIA ELEMENTS"). If so, the following terms
describe Your rights to the MEDIA ELEMENTS:
Except as specified in the next Section, you may use, copy and modify
the MEDIA ELEMENTS and distribute copies of the MEDIA ELEMENTS, along with
Your modifications, as part of Your software product(s) and service(s),
including Your web site(s).
You are not licensed to do any of the following:
You may not sell, license or distribute copies of the MEDIA ELEMENTS
on a stand-alone basis or as part of any collection, product or service
where the primary value of the product or service are the MEDIA ELEMENTS.
You may not use or distribute any of the MEDIA ELEMENTS that include
representations of identifiable individuals, governments, logos, initials,
emblems, trademarks, or entities for any commercial purposes or to express
or imply any endorsement or association with any product, service, entity,
or activity.
You may not create obscene or scandalous works, as defined by
federal law at the time the work is created, using the MEDIA ELEMENTS.
You must indemnify, hold harmless, and defend Manufacturer, MS and
Microsoft Corporation from and against any claims or lawsuits, including
attorneys fees, that arise from or result from the use or distribution of
MEDIA ELEMENTS as modified by You.
You must include a valid copyright notice on Your products and
services that include copies of the MEDIA ELEMENTS.
You may not permit third parties to distribute copies of the MEDIA
ELEMENTS except as part of Your product or service.
Additional License Grant for Sharepoint Team Services. The Software
Product may contain a copy of the Sharepoint Team Services. If so, You may
install one copy of such software on one Device and allow an unlimited
number of individuals within Your business or enterprise to access and use
the Sharepoint Team Services from other Devices provided that You acquire
and dedicate a license to the software product for the Device upon which
the Sharepoint Team Services are installed.
Reservation of Rights. Manufacturer, MS and its suppliers (including
Microsoft Corporation) reserve all rights not expressly granted to you in
this EULA.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Academic Edition Software. If the SOFTWARE PRODUCT is identified as
"Academic Edition" or "AE", You must be a
"Qualified Educational User" to use the SOFTWARE PRODUCT. If You
are not a Qualified Educational User, You have no rights under this EULA.
To determine whether You are a Qualified Educational User, please contact
the Microsoft Sales Information Center/One Microsoft Way/Redmond, WA
98052-6399 or the Microsoft subsidiary serving Your country. If the
SOFTWARE PRODUCT is identified as "Academic Edition" or
"AE," the following additional limitations apply:
Notwithstanding the section of this EULA "Software Product Transfer"
and/or any other inconsistent provisions of this EULA, You may not transfer
this SOFTWARE PRODUCT.
The Section of this EULA "UPGRADES" is deleted and replaced with the
following text: This "Academic Edition" version of the SOFTWARE
PRODUCT is only eligible for upgrade if an "Academic Edition"
Upgrade for the corresponding software product is made generally available.
If the SOFTWARE PRODUCT is labeled as an upgrade, You must be properly
licensed to use a product identified by Manufacturer, MS or Microsoft
Corporation as being eligible for the upgrade in order to use the SOFTWARE
PRODUCT ("Eligible Product"). For the purpose of upgrade products
only, "HARDWARE" shall mean the computer system or computer
system component with which You received the Eligible Product. A SOFTWARE
PRODUCT labeled as an upgrade replaces and/or supplements (and may disable,
if upgrading a Microsoft product) the Eligible Product which came with the
HARDWARE. You may use the resulting upgraded product only in accordance
with the terms of this EULA and only with the HARDWARE. If the SOFTWARE
PRODUCT is an upgrade of a component of a package of software programs that
You licensed as a single product, the SOFTWARE PRODUCT may be used only as
part of that single product package and may not be separated for use on
more than one COMPUTER.
Application Sharing. The SOFTWARE PRODUCT may contain Microsoft(R)
NetMeeting(TM), a product that enables applications to be shared between
two or more computers, even if an application is installed on only one of
the computers. You may use this technology with all Microsoft application
products for multi-party conferences. For non-Microsoft applications, You
should consult the accompanying license agreement or contact the licensor
to determine whether application sharing is permitted by the licensor.
Copy Protection. The SOFTWARE PRODUCT may include copy protection
technology to prevent the unauthorized copying of the SOFTWARE PRODUCT or
may require original media for use of the SOFTWARE PRODUCT on the device.
It is illegal to make unauthorized copies of the SOFTWARE PRODUCT or to
circumvent any copy protection technology included in the SOFTWARE PRODUCT.
Local law may provide you additional back-up rights.
Language Version Selection. (i) Manufacturer may have elected to
provide You with a selection of language versions for one or more of the
Microsoft software products licensed under this EULA. If the SOFTWARE
PRODUCT is included in more than one language version and it is not
specifically identified as an MLP as further described below: You are
licensed to use only one of the language versions provided; during the
setup process for the SOFTWARE PRODUCT You may be given a one-time option
to select a language version; the language version selected by You at such
time will be set up on the COMPUTER; and the language version(s) not
selected by You at such time may be automatically and permanently deleted
from the hard disk of the COMPUTER. (ii) Notwithstanding the preceding, if
Manufacturer has elected to provide You with a Multiple-Language Pack
("MLP") for certain language versions with additional language
version support (for example, Arabic with English and French language
support, English with Hebrew language support, English with Korean language
support, English with Pan-Chinese language support, or English with Thai
language support) of the SOFTWARE PRODUCT, the preceding limitation to
select and use only one language version of the SOFTWARE PRODUCT shall not
apply, so long as (A) You acknowledge that the MLP, and the language
support contained therein, is a part of the SOFTWARE PRODUCT, (B) You only
use the MLP with the SOFTWARE PRODUCT, and (C) You comply with all of the
other terms and conditions of this EULA.
License Mandatory Activation/Office Activation Wizard. If the SOFTWARE
PRODUCT is identified as "Office Activation Wizard", or
"OAW", the license rights granted under this EULA are temporary,
limited to a finite number of SOFTWARE Product launches, unless you
activate Your copy of the SOFTWARE PRODUCT and, as a result of such
activation, you receive a final confirmation number for the SOFTWARE
PRODUCT ("Confirmation Number"), in each case as described during
the launch sequence. Use of the SOFTWARE PRODUCT after such finite launch
number will require input of the Confirmation Number.
Limitations on Reverse Engineering, Decompilation and Disassembly. You
may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT,
except and only to the extent that such activity is expressly permitted by
applicable law notwithstanding this limitation.
Multiple Processor Version Selection. The CD or diskette(s) on which the
SOFTWARE PRODUCT resides may contain several copies of the SOFTWARE
PRODUCT, each of which is compatible with a different microprocessor
architecture, such as the x86 architecture or various RISC architectures
("Processor Version(s)"). You may install and use only one copy
of one Processor Version of the SOFTWARE PRODUCT on the COMPUTER. No
Rental, Leasing or Commercial Hosting. You may not rent, lease, lend or
provide commercial hosting services to third parties with the SOFTWARE
PRODUCT.
Operating System Upgrades. The SOFTWARE PRODUCT may contain systems
components software upgrades required for proper operation of the SOFTWARE
PRODUCT. Any such systems software upgrades are licensed to You pursuant
to the terms and conditions as provided in Your license to the operating
system unless a separate end user license agreement is provided to You with
such upgrades in which case such separate agreement governs Your use of the
upgrades.
On-Line Services. Certain functionality of the SOFTWARE PRODUCT may
require separately acquired on-line services. Neither the SOFTWARE PRODUCT
nor this EULA gives You any rights to use the Internet, any on-line or
other services or software that may be necessary to use all features
associated with the SOFTWARE PRODUCT.
Separation of Components. The SOFTWARE PRODUCT is licensed as a single
product. Its component parts may not be separated for use on more than one
computer unless expressly permitted by this EULA.
Single COMPUTER. The SOFTWARE PRODUCT is licensed with the HARDWARE as
a single integrated product. The SOFTWARE PRODUCT may only be used with the
HARDWARE as set forth in this EULA.
Single EULA. The package for the SOFTWARE PRODUCT may contain multiple
versions of this EULA, such as multiple translations and/or multiple media
versions (e.g., in the user documentation and in the software). In this
case, You are only licensed to use one (1) copy of the SOFTWARE PRODUCT.
Software Product Transfer. You may permanently transfer all of Your
rights under this EULA only as part of a sale or transfer of the HARDWARE,
provided You retain no copies, You transfer all of the SOFTWARE PRODUCT
(including all component parts, the media and printed materials, any
upgrades, this EULA and, if applicable, the Certificate(s) of Authenticity
and Confirmation Number(s)), and the recipient agrees to the terms of this
EULA. If the SOFTWARE PRODUCT is an upgrade, any transfer must include all
prior versions of the SOFTWARE PRODUCT.
Speech Recognition. If the SOFTWARE PRODUCT includes a speech
recognition component, it should be understood by You that speech
recognition is inherently a statistical process; that recognition errors
are inherent in the process of speech recognition; that it is Your
responsibility to provide for handling such errors and to monitor the
speech recognition process and correct any errors. Manufacturer, MS, or
their suppliers (including Microsoft Corporation), shall not be liable for
any damages arising out of errors in the speech recognition process.
Termination. Without prejudice to any other rights, Manufacturer or MS
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 PRODUCT and all of its component parts.
Trademarks. This EULA does not grant You any rights in connection with
any trademarks or service marks of Manufacturer, MS or its suppliers
(including Microsoft Corporation).
3. UPGRADES. If the SOFTWARE PRODUCT is labeled as an upgrade, You must be
properly licensed to use a product identified by Manufacturer, MS or
Microsoft Corporation as being eligible for the upgrade in order to use the
SOFTWARE PRODUCT ("Eligible Product"). For the purpose of
upgrade products only, "HARDWARE" shall mean the computer system
or computer system component with which You received the Eligible Product.
A SOFTWARE PRODUCT labeled as an upgrade replaces or supplements (and may
disable, if upgrading a Microsoft software product) the Eligible Product
which came with the HARDWARE. You may use the resulting upgraded product
only in accordance with the terms of this EULA and only with the HARDWARE.
If the SOFTWARE PRODUCT is an upgrade of a component of a package of
software programs that You licensed as a single product, the SOFTWARE
PRODUCT may be used and transferred only as part of that single product
package and may not be separated for use on more than one COMPUTER.
4. INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property
rights in and to the SOFTWARE PRODUCT (including but not limited to any
images, photographs, animations, video, audio, music, text and
"applets" incorporated into the SOFTWARE PRODUCT), the
accompanying printed materials, and any copies of the SOFTWARE PRODUCT, are
owned by MS, or its suppliers (including Microsoft Corporation). All title
and intellectual property rights in and to the content that is not
contained in the SOFTWARE PRODUCT, but may be accessed through use of the
SOFTWARE PRODUCT, is the property 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 PRODUCT may
be governed by the respective terms of use relating to such services. If
this SOFTWARE PRODUCT contains documentation that is provided only in
electronic form, You may print one copy of such electronic documentation.
You may not copy the printed materials accompanying the SOFTWARE PRODUCT.
All rights not specifically granted under this EULA are reserved by MS and
its suppliers (including Microsoft Corporation).
5. DUAL-MEDIA SOFTWARE PRODUCT. You may receive the SOFTWARE PRODUCT in
more than one medium. Regardless of the type or size of medium You
receive, You may use only one medium that is appropriate for the COMPUTER.
You may not install or use the other medium on another computer. You may
not loan, rent, lease, lend or otherwise transfer the other medium to
another user, except as part of an authorized permanent transfer of the
SOFTWARE PRODUCT as described under the Section "Software Product
Transfer."
6. PRODUCT SUPPORT. Product support for the SOFTWARE PRODUCT is not
provided by MS, Microsoft Corporation, or their affiliates or subsidiaries.
For product support, please refer to Manufacturer's support number provided
in the documentation for the HARDWARE. Should You have any questions
concerning this EULA, or if You desire to contact Manufacturer for any
other reason, please refer to the address provided in the documentation for
the HARDWARE.
7. EXPORT RESTRICTIONS. You acknowledge that the SOFTWARE PRODUCT,
including, without limitation, any MS hardware products accompanying the
computer software product, if any, is subject to U.S. export jurisdiction.
You agree 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 destination restrictions
issued by U.S. and other governments. For additional information, see
http://www.microsoft.com/exporting/.
8. U.S. GOVERNMENT RESTRICTED RIGHTS. All SOFTWARE PRODUCT 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. All SOFTWARE PRODUCT 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.
9. NOTE ON JAVA TECHNOLOGY. The SOFTWARE PRODUCT may contain support for
programs written in JAVA. JAVA TECHNOLOGY IS NOT FAULT TOLERANT AND IS NOT
DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR RESALE AS ON-LINE CONTROL
EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH
AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR
COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES,
OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF JAVA TECHNOLOGY COULD LEAD
DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL
DAMAGE. Sun Microsystems, Inc. has required the inclusion of this
disclaimer.
10. ADDITIONAL PROVISIONS. FOR THE LIMITED WARRANTIES, LIMITATION OF
LIABILITY, AND OTHER SPECIAL PROVISIONS, PLEASE REFER TO THE ADDITIONAL
PROVISIONS PROVIDED BELOW AND/OR WITH OR IN THE SOFTWARE PRODUCT. SUCH
LIMITED WARRANTIES, LIMITATION OF LIABILITY AND SPECIAL PROVISIONS ARE AN
INTEGRAL PART OF THIS EULA.
APPENDIX
WARRANTY AND SPECIAL PROVISIONS
FOR
AUSTRALIA, NEW ZEALAND OR PAPUA NEW GUINEA
EXPRESS LIMITED WARRANTY
CONSUMER RIGHTS. Consumers may have the benefit of certain rights or
remedies pursuant to the Trade Practices Act and similar state and
territory laws in Australia or the Consumer Guarantees Act in New Zealand,
in respect of which certain liability may not be excluded.
LIMITED EXPRESS WARRANTY. Manufacturer warrants that: (a) the SOFTWARE
will perform substantially in accordance with the accompanying Product
Manual(s) for a period of 90 days from the date of receipt; and (b) any
Microsoft hardware accompanying SOFTWARE will be free from defects in
materials and workmanship under normal use and service for a period of 1
year from the date of receipt.
CUSTOMER REMEDIES. To the maximum extent permitted under applicable law,
Manufacturer's and its suppliers entire liability and your exclusive
remedy under the express warranty is, at Manufacturer's option, either (a)
return of the price paid; or (b) repair or replacement of the SOFTWARE or
Microsoft hardware which does not meet the warranty and which is returned
to Manufacturer with a copy of your receipt. The warranty is void if
failure of the SOFTWARE or Microsoft hardware has resulted from accident,
abuse or misapplication. Any replacement SOFTWARE and/or Microsoft
hardware will be warranted for the remainder of the original warranty
period or 30 days, whichever is longer.
LIMITATION OF LIABILITY. To the maximum extent permitted by applicable
law, any conditions or warranties imposed or implied by law are hereby
excluded. Consumers may nevertheless have the benefit of certain rights or
remedies pursuant to the Trade Practices Act and similar state and
territory laws in Australia or the Consumer Guarantees Act in New Zealand,
in respect of which liability may not be excluded. Insofar as such
liability may not be excluded, then to the maximum extent permitted by law,
such liability is limited, at the exclusive option of Manufacturer, to
either (a) replacement of the SOFTWARE (and any accompanying hardware
supplied); or (b) correction of defects in the SOFTWARE; or (c) payment of
the cost of having defects in the SOFTWARE (and any accompanying hardware
supplied).
EXCLUSION OF LIABILITY/DAMAGES. The following is without prejudice to any
rights you may have at law which cannot legally be excluded or restricted.
You acknowledge that no promise, representation, warranty or undertaking
has been made or given by Manufacturer and/or Microsoft Corporation (or
related company of either) to any person or company on its behalf in
relation to the profitability of or any other consequences or benefits to
be obtained from the delivery or use of the SOFTWARE and any accompanying
Microsoft hardware, software, manuals or written materials. You have
relied upon your own skill and judgment in deciding to acquire the SOFTWARE
and any accompanying hardware, manuals and written materials for use by
you. Except as and to the extent provided in this agreement, neither
Manufacturer and/or Microsoft Corporation (or related company of either)
will in any circumstances be liable for any other damages whatsoever
(including, without limitation, damages for loss of business, business
interruption, loss of business information or other indirect or
consequential loss) arising out of the use or inability to use or supply or
non-supply of the SOFTWARE and any accompanying hardware and written
materials. Manufacturer's and/or Microsoft Corporation (or related company
of either) total liability under any provision of this agreement is in any
case limited to the amount actually paid by you for the SOFTWARE and/or
Microsoft hardware.
This agreement is governed by the laws of New South Wales, Australia or,
where supplies are made in New Zealand, by the laws of New Zealand.
APPENDIX
WARRANTY AND SPECIAL PROVISIONS
FOR
ENGLAND, SCOTLAND, WALES AND IRELAND
LIMITED WARRANTY
LIMITED WARRANTY. Manufacturer warrants that (a) the SOFTWARE will perform
substantially in accordance with the accompanying written materials for a
period of ninety (90) days from the date of receipt, and (b) any Microsoft
hardware accompanying the SOFTWARE will be free from defects in materials
and workmanship under normal use and service for a period of one (1) year
from the date of receipt. Any implied warranties on the SOFTWARE and
Microsoft hardware are limited to ninety (90) days and one (1) year,
respectively. Some states/jurisdictions do not allow limitations on
duration of an implied warranty, so the above limitation may not apply to
you.
CUSTOMER REMEDIES. Manufacturer's and its suppliers' entire liability and
your exclusive remedy shall be, at Manufacturer's option, either (a) return
of the price paid, or (b) repair or replacement of the SOFTWARE or hardware
that does not meet this Limited Warranty and which is returned to
Manufacturer with a copy of your receipt. This Limited Warranty is void if
failure of the SOFTWARE or hardware has resulted from accident, abuse, or
misapplication. Any replacement SOFTWARE or hardware will be warranted for
the remainder of the original warranty period or thirty (30) days,
whichever is longer.
NO OTHER WARRANTIES. To the maximum extent permitted by applicable law,
Manufacturer and its suppliers disclaim all other representations,
warranties, conditions or other terms, either express or implied,
including, but not limited to implied warranties and/or conditions of
merchantability and fitness for a particular purpose, with regard to the
SOFTWARE, the accompanying written materials, and any accompanying
hardware. This limited warranty gives you specific legal rights. You may
have others which vary from state/jurisdiction to state/jurisdiction.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by
applicable law, in no event shall Manufacturer or its suppliers be liable
for any damages whatsoever (including without limitation, direct or
indirect damages for personal injury, loss of business profits, business
interruption, loss of business information, or any other pecuniary loss)
arising out of the use of or inability to use this product, even if
Manufacturer has been advised of the possibility of such damages. In any
case, Manufacturer's and its suppliers' entire liability under any
provision of this agreement shall be limited to the amount actually paid by
you for the SOFTWARE and/or Microsoft hardware. Because some
states/jurisdictions do not allow the exclusion or limitation of liability
for consequential or incidental damages, the above limitation may not apply
to you.
SPECIAL PROVISIONS
Reverse Engineering: If you acquired the SOFTWARE in the European
Community, you may not reverse engineer, decompile, or disassemble the
SOFTWARE except to the extent and for the express purposes authorized by
applicable law.
This Software License Agreement is governed by the laws of England.
APPENDIX
WARRANTY AND SPECIAL PROVISIONS
FOR
CANADA
LIMITED WARRANTY
LIMITED WARRANTY. Manufacturer warrants that (a) the SOFTWARE will perform
substantially in accordance with the accompanying written materials for a
period of ninety (90) days from the date of receipt, and (b) any Microsoft
hardware accompanying the SOFTWARE will be free from defects in materials
and workmanship under normal use and service for a period of one (1) year
from the date of receipt. Any implied warranties or conditions on the
SOFTWARE and Microsoft hardware are limited to ninety (90) days and one (1)
year, respectively. Some states/jurisdictions do not allow limitations on
duration of an implied warranty, so the above limitation may not apply to
you.
CUSTOMER REMEDIES. Manufacturer's and its suppliers' entire liability and
your exclusive remedy shall be, at Manufacturer's option, either (a) return
of the price paid, or (b) repair or replacement of the SOFTWARE or hardware
that does not meet this Limited Warranty and which is returned to
Manufacturer with a copy of your receipt. This Limited Warranty is void if
failure of the SOFTWARE or hardware has resulted from accident, abuse, or
misapplication. Any replacement SOFTWARE or hardware will be warranted for
the remainder of the original warranty period or thirty (30) days,
whichever is longer.
NO OTHER WARRANTIES. To the maximum extent permitted by applicable law,
Manufacturer and its suppliers disclaim all other warranties, either
express or implied, including, but not limited to implied warranties of
merchantability and fitness for a particular purpose, with regard to the
SOFTWARE, the accompanying written materials, and any accompanying
hardware. This limited warranty gives you specific legal rights. You may
have others which vary from state/jurisdiction to state/jurisdiction.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by
applicable law, in no event shall Manufacturer or its suppliers be liable
for any damages whatsoever (including without limitation, direct or
indirect damages for personal injury, loss of business profits, business
interruption, loss of business information, or any other pecuniary loss)
arising out of the use of or inability to use this product, even if
Manufacturer has been advised of the possibility of such damages. In any
case, Manufacturer's and its suppliers' entire liability under any
provision of this agreement shall be limited to the amount actually paid by
you for the SOFTWARE and/or Microsoft hardware. Because some
states/jurisdictions do not allow the exclusion or limitation of liability
for consequential or incidental damages, the above limitation may not apply
to you.
This Software License Agreement is governed by the laws of the Province of
Ontario, Canada. 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.
ANNEXE
GARANTIE ET DISPOSITIONS PARTICULIRES POUR LE CANADA
GARANTIE LIMITE
Si vous vous tes procur ce produit MicrosoftR ou ce matriel MicrosoftR
au CANADA, la garantie suivante s'adresse vous.
GARANTIE LIMITE. Le Fabricant garantit que (a) la performance du LOGICIEL
sera substantiellement en conformit avec les documents crits qui
l'accompagnent pour une priode de quatre-vingt-dix (90) jours compter de
la date de rception, et que (b) tout matriel de Microsoft fourni avec le
LOGICIEL sera exempt de dfaut de matire premire ou de vice de
fabrication dans des conditions normales d'utilisation et d'entretien pour
une priode d'un (1) an compter de la date de rception. Toutes
garanties ou conditions implicites concernant le LOGICIEL et le matriel
Microsoft sont limites quatre-vingt-dix (90) jours et un (1) an,
respectivement.
RECOURS DU CLIENT. La seule obligation du Fabricant et de ses
fournisseurs et votre recours exclusif seront, au choix du Fabricant, soit
(a) le remboursement du prix pay ou (b) la rparation ou le remplacement
du LOGICIEL ou du matriel qui n'est pas conforme la Garantie limite et
qui est retourn au Fabricant avec une copie de votre reu. Cette Garantie
limite est nulle si la dfectuosit du LOGICIEL ou du matriel est cause
par un accident, un traitement abusif ou une mauvaise application. Tout
LOGICIEL ou matriel de remplacement sera garanti pour le reste de la
priode de garantie initiale ou pour trente (30) jours, selon laquelle de
ces deux priodes est la plus longue.
EXCLUSION DE TOUTE AUTRE GARANTIE. Selon la porte maximale autorise par
la loi applicable, le Fabricant et ses fournisseurs renoncent toutes
autres garanties ou conditions, expresses ou implicites, y compris mais ne
se limitant pas aux garanties implicites de la qualit marchande ou un
usage particulier en ce qui concerne le LOGICIEL, la documentation crite
et tout matriel qui l'accompagnent. Cette garantie limite vous accorde
des droits spcifiques reconnus par la loi.
ABSENCE DE RESPONSABILIT POUR LES DOMMAGES INDIRECTS. Selon la porte
maximale autorise par la loi applicable, le Fabricant ou ses fournisseurs
ne pourront tre tenus responsables en aucune circonstance de tous dommages
quels qu'ils soient (y compris mais non de faon limitative les dommages
directs ou indirects causs par des lsions corporelles, la perte de
bnfices commerciaux, l'interruption des affaires, la perte d'information
commerciale ou toute autre perte pcuniaire) dcoulant de l'utilisation ou
de l'impossibilit d'utilisation de ce produit, et ce mme si le Fabricant
a t avis de l'ventualit de tels dommages. En tout tat de cause, la
seule responsabilit du Fabricant et de ses fournisseurs en vertu de toute
disposition de cette Convention se limitera au montant que vous aurez
effectivement pay pour l'achat du LOGICIEL et/ou du matriel Microsoft.
La prsente Convention de droits d'utilisation de logiciel est rgie par
les lois de la province d'Ontario, Canada. Chacune des parties aux
prsentes reconnat irrvocablement la comptence des tribunaux de la
province d'Ontario et consent instituer tout litige qui pourrait dcouler
des prsentes auprs des tribunaux situs dans le district judiciaire de
York, province d'Ontario
APPENDIX
WARRANTY AND SPECIAL PROVISIONS
FOR
THE UNITED STATES OF AMERICA AND ANY OTHER COUNTRY
LIMITED WARRANTY
LIMITED WARRANTY. Manufacturer warrants that (a) the SOFTWARE will perform
substantially in accordance with the accompanying written materials for a
period of ninety (90) days from the date of receipt, and (b) any Microsoft
hardware accompanying the SOFTWARE will be free from defects in materials
and workmanship under normal use and service for a period of one (1) year
from the date of receipt. Any implied warranties on the SOFTWARE and
Microsoft hardware are limited to ninety (90) days and one (1) year,
respectively. Some states/jurisdictions do not allow limitations on
duration of an implied warranty, so the above limitation may not apply to
you.
CUSTOMER REMEDIES. Manufacturer's and its suppliers' entire liability and
your exclusive remedy shall be, at Manufacturer's option, either (a) return
of the price paid, or (b) repair or replacement of the SOFTWARE or hardware
that does not meet this Limited Warranty and which is returned to
Manufacturer with a copy of your receipt. This Limited Warranty is void if
failure of the SOFTWARE or hardware has resulted from accident, abuse, or
misapplication. Any replacement SOFTWARE or hardware will be warranted for
the remainder of the original warranty period or thirty (30) days,
whichever is longer.
NO OTHER WARRANTIES. To the maximum extent permitted by applicable law,
Manufacturer and its suppliers disclaim all other warranties, either
express or implied, including, but not limited to implied warranties of
merchantability and fitness for a particular purpose, with regard to the
SOFTWARE, the accompanying written materials, and any accompanying
hardware. This limited warranty gives you specific legal rights. You may
have others which vary from state/jurisdiction to state/jurisdiction.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by
applicable law, in no event shall Manufacturer or its suppliers be liable
for any damages whatsoever (including without limitation, special,
incidental, consequential, or indirect damages for personal injury, loss of
business profits, business interruption, loss of business information, or
any other pecuniary loss) arising out of the use of or inability to use
this product, even if Manufacturer has been advised of the possibility of
such damages. In any case, Manufacturer's and its suppliers' entire
liability under any provision of this agreement shall be limited to the
amount actually paid by you for the SOFTWARE and/or Microsoft hardware.
Because some states/jurisdictions do not allow the exclusion or limitation
of liability for consequential or incidental damages, the above limitation
may not apply to you.
--- BBBS/NT v4.01 Flag-4
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