Microsoft MN-820 manual General Provisions

OSupport Services. Microsoft may provide You with support services related to the SOFTWARE and/or Hardware Device (“Support Services”). Use of Support Services is governed by the Microsoft policies and programs described in the user manual, in “online” documentation, and/or other Microsoft-provided materials. Any supplemental software code provided to You as a part of Support Services shall be considered part of the SOFTWARE and subject to the terms of this EULA. With respect to technical information You provide to Microsoft as part of the Support Services, Microsoft may use such information for its business purposes, including for product support and development. Microsoft will not utilize such technical information in a form that personally identifies You.

3.COPYRIGHT. All title and intellectual property rights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text and “applets,” incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are owned by Microsoft or its suppliers. All title and intellectual property rights in and to the content which is not contained in the SOFTWARE but may be accessed through use of the SOFTWARE is the product 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 may be governed by the respective terms of use relating to such services. If this SOFTWARE contains documentation which is provided only in electronic form, You may print one copy of such electronic documentation. You may not copy the printed materials accompanying the Hardware Device and SOFTWARE. All rights not specifically granted under this EULA are reserved by Microsoft and its suppliers.

4.EXPORT RESTRICTIONS. You acknowledge that the SOFTWARE licensed under this EULA is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the SOFTWARE, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other government. For additional information see: http://www.microsoft.com/exporting/.

GENERAL PROVISIONS

These provisions 5, 6 and 7 apply to the Software Product License and the below Limited Warranty.

5.EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES and LIMITATION OF LIABILITY. TO THE FULL EXTENT ALLOWED BY LAW, MICROSOFT IS NOT LIABLE FOR ANY:

(i)CONSEQUENTIAL OR INCIDENTAL DAMAGES;

(ii)DAMAGES OR LOSS OF ANY NATURE WHATSOEVER RELATING TO LOST PROFITS, LOSS OF DATA OR PRIVACY OR CONFIDENTIALITY, ANY INABILITY TO USE ALL OR PART OF THE HARDWARE DEVICE OR SOFTWARE, PERSONAL INJURY, OR ANY FAILURE TO MEET ANY DUTY (INCLUDING BUT NOT LIMITED TO ANY LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT); OR

(iii)INDIRECT, SPECIAL, OR PUNITIVE DAMAGES;

ARISING OUT OF OR RELATING IN ANY WAY TO THE SOFTWARE OR HARDWARE DEVICE. THE FOREGOING APPLIES EVEN IF MICROSOFT OR ANY SUPPLIER OR AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES; EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE), STRICT OR PRODUCT LIABILITY, MISREPRESENTATION OR OTHER REASON; AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusions may not apply to you.

6.GOVERNING LAW. If You acquired the Hardware Device in the United States of America, the laws of the State of Washington, U.S.A., apply to this agreement. If You acquired the Hardware Device in Canada, except where expressly prohibited by local laws, the laws in force in the Province of Ontario, Canada apply to this agreement and 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.

If You acquired this Hardware Device outside of the countries listed above, then local laws may apply.

7.QUESTIONS. Should You have any questions concerning this agreement, or if You desire to contact Microsoft for any reason, please use the address information enclosed in the Hardware Device to contact the Microsoft subsidiary serving Your country, or visit Microsoft on the World Wide Web at http://www.microsoft.com.

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