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EULA for Microsoft® Windows® XP Embedded Runtime

IMPORTANT—READ CAREFULLY:

This End User License Agreement (EULA) is a legal agreement between you (either an individual or a single entity) and the manufacturer (MANUFACTURER) of the special purpose computing device (SYSTEM) you acquired which includes certain Microsoft software product(s) installed on the SYSTEM and/or included in the SYSTEM package (SOFTWARE). The SOFTWARE includes computer software, the associated media, any printed materials, and any online or electronic documentation. By installing, copying or otherwise using the SOFTWARE, 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 to you. In such event, you may not use or copy the SOFTWARE, and you should promptly contact MANUFACTURER for instructions on return of the unused product(s) for a refund.

Software License

The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.

1. Grant of License

SOFTWARE includes software already installed on the SYSTEM (SYSTEM SOFTWARE) and, if included in the SYSTEM package, software contained on the CD-ROM disc and/or floppy disk(s). This EULA grants you the following rights to the SOFTWARE:

Refund. If you do not agree to the terms of this EULA, MANUFACTURER and MS are unwilling to license the SOFTWARE to you. In such event, you may not use or copy the Licensed Product, and you should promptly contact MANUFACTURER for instructions on return of the unused product(s) for a refund.

Restricted Uses. The SOFTWARE is not designed or intended for use or resale in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, or other devices or systems in which a malfunction of the SOFTWARE would result in foreseeable risk of injury or death to the operator of the device or system, or to others.

Restricted Functionality. You are licensed to use the SOFTWARE to provide only the limited functionality (specific tasks or processes) for which the SYSTEM has been designed and marketed by MANUFACTURER. This license specifically prohibits any other use of the software programs or functions, or inclusion of additional software programs or functions, on the SYSTEM.

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Wyse Technology WintermTM 9000 Vii Eula for Microsoft Windows XP Embedded Runtime, Software License, Grant of License