Microsoft PB20ZUMPB20ZUM KIN Software Definition, License Grant Third-Party Software, Ownership

before the change takes place by online posting. If you do not agree to these changes, then you must stop using the KIN Device before the change takes place. If you do not stop using the KIN Device, then your use of the Kin Device will continue under the changed Agreement.

1.KIN Software

1.1.Definition

“KIN Software” means any software, in executable code form, owned by Microsoft (or software owned by third parties which Microsoft has the right to distribute or sublicense) and either pre- loaded on the Device at the time of manufacture or otherwise furnished to you by Microsoft in its sole discretion. “KIN Software” includes the KIN operating system and applications, including any and all updates to the same.

1.2. License Grant

Microsoft grants you the right to utilize KIN Software solely in connection with your authorized use of the Device. You will not disassemble, decompile, or reverse engineer the KIN Software, except and only to the extent that the law expressly permits this activity. The KIN Software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users, and end use. Without limitation, you may not transfer the software or service without U.S. government permission to anyone on U.S. government exclusion lists (see Commerce Department’s Lists to Check); the governments of Iran, Sudan, or Cuba; or prohibited members of the Cuban Communist Party. You represent and warrant that you are not on any of those lists or under the control of or an agent for anyone on those lists or the entities listed above. For more information, see the Exporting Microsoft Products website (http://www.microsoft.com/exporting).

1.3. Third-Party Software

You understand and agree that in addition to the KIN Software, the Device may contain certain third- party software ("Third-Party Software"), the use of which may be subject to separate license agreements containing additional terms and conditions. Any such license agreements will be provided to you separately. You hereby agree to comply with all such additional terms and conditions in your use of the Third-Party Software.

2. Ownership

The KIN Software is licensed to you, not sold. Microsoft and its licensors retain exclusive ownership of all proprietary rights, including all patent, copyright, trade secret, trademark and other intellectual property rights worldwide, in and to the KIN Software (including any corrections, bug fixes, enhancements, updates or other modifications thereto). There are no implied licenses under this Agreement, and all rights not expressly granted are hereby reserved.

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