4.NOTE ON JAVA SUPPORT. The SOFTWARE 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 online 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 contractually obligated MS to make this disclaimer.

5.NO LIABILITY FOR CERTAIN DAMAGES. Except as prohibited by law, MS shall have no liability for an 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).

6.LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the SOFWTARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

7.SOFTWARE TRANSFER ALLOWED BUT WITH RESTRICTIONS. You may permanently transfer rights under this EULA only as part of a permanent sale or transfer of the DEVICE, and only if the recipient agrees to this EULA. If the SOFTWARE is an upgrade, any transfer must also include all prior versions of the SOFTWARE.

8.EXPORT RESTRICTIONS. If these licensing terms are not labeled “North America Only Version” and the SOFTWARE is not identified as “North America Only Version” on the SOFTWARE packaging or other written materials, then the following terms apply: Export of the SOFTWARE from the United States is regulated by the Export Administration Regulations (EAR, 15 CFR 730-744) of the U.S. Commerce Department, Bureau of Export Administration (BXA). You agree to comply with the EAR in the export or re-export of the SOFTWARE: (i) to any country to which the U.S. has embargoed or restricted the export of goods or services, which as of May 1999 includes, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria and the Federal Republic of Yugoslavia (including Serbia, but not Montenegro), or to any national of any such country, wherever located, who intended to transmit or transport the SOFTWARE back to such country; (ii) to any person or entity who you know or have reason to know will utilize the SOFTWARE or portion thereof in the design, development or production of nuclear, chemical, or biological weapons; or (iii) to any person or entity who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government. You warrant and represent that neither the BXA nor any other U.S. federal agency has suspended, revoked or denied your export privileges. For additional information see http://www.microsoft.com/exporting/.

If the licensing terms are labeled “North America Only Versions” or if the SOFTWARE is labeled “North America Only Version” on the SOFTWARE packaging or other written material, then the following applies:

120Notices