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B-18 5E6155 January 10, 2006
Warranty and Limitation of Liability
misapplication. Any replacement SOFTWARE or hardware will be
warranted for the remainder of the original warranty period or thirty (30)
days, whichever is longer.
NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, MANUFACTURER AND ITS SUPPLIERS DISCLAIM ALL
OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE,
THE ACCOMPANYING WRITTEN MATERIALS, AND ANY ACCOMPANYING
HARDWARE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL
RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE/
JURISDICTION TO STATE/JURISDICTION.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
MANUFACTURER OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES
WHATSOEVER (INCLUDING WITHOUT LIMITATION, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES FOR PERSONAL INJURY, LOSS
OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE
USE OF OR INABILITY TO USE THIS PRODUCT, EVEN IF MANUFACTURER
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY
CASE, MANUFACTURER'S AND ITS SUPPLIERS' ENTIRE LIABILITY UNDER
ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE
AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE AND/OR
MICROSOFT HARDWARE. BECAUSE SOME STATES/JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU.
SPECIAL PROVISIONS
U.S. GOVERNMENT LICENSE RIGHTS. All SOFTWARE provided to the U.S.
Government pursuant to solicitations issued on or after December 1, 1995
is provided with the commercial license rights and restrictions described
in this EULA. All SOFTWARE provided to the U.S. Government pursuant to
solicitations issued prior to December 1, 1995 is provided with "Restricted
Rights" as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR,
48 CFR 252.227-7013 (OCT 1988), as applicable. Manufacturer is
responsible for ensuring the SOFTWARE is marked with the "Restricted
Rights Notice" or "Restricted Rights Legend," as required. All rights not