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concerning this EULA, or if you desire to contact
MANUFACTURER for any other reason, please refer to the
address provided in the documentation for the SYSTEM.
6.Export Restrictions
You agree that you will not export or re-export the SOFTWARE to
any country, person, or entity subject to U.S. export restrictions.
You specifically agree not to export or re-export the SOFTWARE: (i)
to any country to which the U.S. has embargoed or restricted the
export of goods or services, which as of March 1998 include, but
are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea,
Sudan and Syria, or to any national of any such country, wherever
located, who intends to transmit or transport the products 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.
If the SOFTWARE is labeled "North America Only Version" above,
on the Product Identification Card, or on the SOFTWARE
packaging or other written materials, then the following applies:
The SOFTWARE is intended for distribution only in the United
States, its territories and possessions (including Puerto Rico,
Guam, and U.S. Virgin Islands) and Canada. Export of the
SOFTWARE from the United States is regulated under "EI
controls" of the Export Administration Regulations (EAR, 15 CFR
730-744) of the U.S. Commerce Department, Bureau of Export
Administration (BXA). A license is required to export the
SOFTWARE outside the United States or Canada. You agree that
you will not directly or indirectly, export or re-export the
SOFTWARE (or portions thereof) to any country, other than
Canada, or to any person or entity subject to U.S. export
restrictions without first obtaining a Commerce Department export
license. You warrant and represent that neither the BXA nor any
other U.S. federal agency has suspended, revoked or denied your
export privileges.
7.Note on Java Support
The SYSTEM 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 on-line
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.
8.Limited Warranty
Limited Warranty
MANUFACTURER warrants that the SOFTWARE will perform
substantially in accordance with the accompanying written
materials for a period of ninety (90) days from the date of receipt.
Any implied warranties on the SOFTWARE are limited to ninety (90)
days. Some states/jurisdictions do not allow limitations on duration
of an implied warranty, so the above limitation may not apply to
you.
Customer Remedies
MANUFACTURER’S and its suppliers’ 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
SOFTWARE that does not meet the above Limited Warranty and
which is returned to 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.
No Other Warranties
EXCEPT AS EXPRESSLY PROVIDED IN THE LIMITED
WARRANTY SECTION ABOVE, THE SOFTWARE IS PROVIDED
TO THE END USER "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 THE
PERFORMANCEOF THE SOFTWARE IS WITH YOU.
PERFORMANCE OF THE SOFTWARE IS WITH YOU.
No Liability for Consequential Damages
MANUFACTURER OR MANUFACTURER’S SUPPLIERS,
INCLUDING MS AND ITS SUPPLIERS, SHALL NOT BE
HELD TO ANY LIABILITY FOR ANY DAMAGES
SUFFERED OR INCURRED BY THE END USER
(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.
If you acquired this EULA in the United States, this EULA is
governed by the laws of the State of Washington.
If you acquired this EULA in Canada, this EULA is
governed by the laws of the Province of Ontario, Canada.
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 this EULA was acquired outside the United States, then
local law may apply.
Should you have any questions concerning this EULA,
please contact the MANUFACTURER of your SYSTEM.
U.S. GOVERNMENT RESTRICTED RIGHTS
The SOFTWARE and documentation are provided with
RESTRICTED RIGHTS. Use, duplication, or disclosure
by the Government is subject to restrictions as set forth in
subparagraph (c)(1)(ii) of the Rights in Technical Data
and Computer Software clause at DFARS 252.227-7013
or subparagraphs (c)(1) and (2) of the Commercial
Computer Software—Restricted Rights at 48 CFR
52.227- 19, as applicable. MANUFACTURER is Microsoft
Corporation/One Microsoft Way/Redmond, WA
98052-6399
BOSSTX2 CE 5.0 User's Manual