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The following is the license agreement contract on use of the operating software of the VH-8000.
COMPANY shall sublicense the Licensed Product to end users by means of a EULA. COMPANY shall provide clear notice to
Embedded System customers before or at the time of purchase that the Embedded System contains software that is subject to
a license and that customer must agree to that license before it may use the Embedded System. COMPANY shall distribute the
EULA in a manner that forms a contract binding the end user to the EULA terms under applicable law. The EULA shall contain
(A) the following terms, and (B) any additional EULA terms set forth by MS in the Additional Provisions for the Licensed Product.
COMPANY may include additional terms in the EULA, so long as they are no less protective of MS than the terms set forth
below. COMPANY shall substitute its name for the bracketed text [
COMPANY
] in the EULA text. If permitted by COMPANY's
other software suppliers for a particular COMPANY Embedded System, COMPANY may substitute for the word “MS” the term
“[
COMPANY's
] software suppliers”.
• You have acquired a device (“DEVICE”) that includes software licensed by [COMPANY] from Microsoft Licensing Inc. or its
affiliates (“MS”). Those installed software products of MS origin, as well as associated media, printed materials, and online or
electronic documentation (“SOFTWARE”) are protected by international intellectual property laws and treaties. The SOFTWARE is licensed, not sold. All rights reserved.
• [APPROVED ALTERNATIVE TEXT IF COMPANY DOES NOT MENTION MS IN THE EULA TEXT: “You have acquired
a device (“DEVICE”) which includes software licensed by [
COMPANY
] from one or more software licensors
(“[
COMPANY's
] Software Suppliers”). Such software products, as well as associated media, printed materials, and
“online” or electronic documentation (“SOFTWARE”) are protected by international intellectual property laws and treaties.
The SOFTWARE is licensed, not sold. All rights reserved.”]
• IF YOU DO NOT AGREE TO THIS END USER LICENSE AGREEMENT (“EULA”), DO NOT USE THE DEVICE OR COPY
THE SOFTWARE. INSTEAD, PROMPTLY CONTACT [
COMPANY
] FOR INSTRUCTIONS ON RETURN OF THE UNUSED
DEVICE(S) FOR A REFUND. ANY USE OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO USE ON THE DE-
VICE, WILL CONSTITUTE YOUR AGREEMENT TO THIS EULA (OR RATIFICATION OF ANY PREVIOUS CONSENT).
• GRANT OF SOFTWARE LICENSE. This EULA grants you the following license:
You may use the SOFTWARE only on the DEVICE.
NOT FAULT TOLERANT. THE SOFTWARE IS NOT FAULT TOLERANT. [
COMPANY
] HAS INDEPENDENTLY DE-
TERMINED HOW TO USE THE SOFTWARE IN THE DEVICE, AND MS HAS RELIED UPON [
COMPANY
] TO CON-
DUCT SUFFICIENT TESTING TO DETERMINE THAT THE SOFTWARE IS SUITABLE FOR SUCH USE.
NO WARRANTIES FOR THE SOFTWARE. THE SOFTWARE is provided “AS IS” and with all faults. THE ENTIRE
RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT (INCLUDING LACK OF
NEGLIGENCE) IS WITH YOU. ALSO, THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE OR AGAINST INFRINGEMENT. IF YOU HAVE RECEIVED ANY WARRANTIES RE-
GARDING THE DEVICE OR THE SOFTWARE, THOSE WARRANTIES DO NOT ORIGINATE FROM, AND ARE NOT
BINDING ON, MS.
Note on Java Support. The 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 online 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. Sun Microsystems,
Inc. has contractually obligated MS to make this disclaimer.
No Liability for Certain Damages. EXCEPT AS PROHIBITED BY LAW, MS SHALL HAVE NO LIABILITY FOR ANY
INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH
THE USE OR PERFORMANCE OF THE SOFTWARE. THIS LIMITATION SHALL APPLY EVEN IF ANY REMEDY
FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL MS BE LIABLE FOR ANY AMOUNT IN EXCESS OF
U.S. TWO HUNDRED FIFTY DOLLARS (U.S.$250.00).
Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile,
or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law
notwithstanding this limitation.
SOFTWARE TRANSFER ALLOWED BUT WITH RESTRICTIONS. You may permanently transfer rights under this
EULA only as part of a permanent sale or transfer of the Device, and only if the recipient agrees to this EULA. If the
SOFTWARE is an upgrade, any transfer must also include all prior versions of the SOFTWARE.
EXPORT RESTRICTIONS. You acknowledge that SOFTWARE is of US-origin. 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 country destination restrictions issued by U.S. and other governments. For additional
information on exporting the SOFTWARE, see http://www.microsoft.com/exporting/.