Wyse Technology WintermTM 9000 Viii, No Liability for Consequential Damages. Manufacturer AND/OR

viii

•Client Access Licenses. If you use the SYSTEM to access or utilize the services or functionality of Microsoft Windows Server products (such as Microsoft Windows NT Server 4.0 (all editions) or Microsoft Windows 2000 Server (all editions)), or use the SYSTEM 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 SYSTEM and or each such workstation or computing device. Please refer to the end user license agreement for your Microsoft WindowsServer product for additional information.

•No Warranties. EXCEPT AS EXPRESSLY PROVIDED IN THE LIMITED WARRANTY SECTION BELOW, THE SOFTWARE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK OF THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. 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 Consequential Damages. [MANUFACTURER AND/OR]

MANUFACTURER’S SUPPLIERS SHALL NOT BE HELD TO ANY LIABILITY FOR ANY DAMAGES SUFFERED OR INCURRED BY YOU (INCLUDING, BUT NOT LIMITED TO, GENERAL, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE), ARISING FROM OR IN CONNECTION WITH THE DELIVERY, USE OR PERFORMANCE OF THE SOFTWARE. IN NO EVENT SHALL MS BE LIABLE FOR ANY AMOUNT IN EXCESS OF U.S. TWO HUNDRED FIFTY DOLLARS (U.S.$250.00).

•Customer Remedies. [MANUFACTURER’s and] MANUFACTURER’s supplier’s 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 defective SOFTWARE that does not meet the Limited Warranty and which is returned to the manufacturer with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.

•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.

•Installation and Use. The SOFTWARE may not be used by more than two (2) processors at any one time on the SYSTEM. You may permit a maximum of ten (10) computers or other electronic devices (each a "Client") to connect to the SYSTEM to utilize the services of the SOFTWARE solely for file and print services, internet information services, and remote access (including connection sharing and telephony services). The ten (10) connection maximum includes any indirect connections made through "multiplexing" or other software or hardware which pools or aggregates connections. Except as otherwise permitted in the NetMeeting/Remote Assistance/ Remote Desktop Features terms below, you may not use a Client to use, access, display or run the SOFTWARE, the SOFTWARE's user interface or other executable software residing on the SYSTEM.