END-USER LICENSE AGREEMENT FOR MICROSOFT
SOFTWARE
MICROSOFT WINDOWS XP PROFESSIONAL EDITION N
SERVICE PACK 3
IMPORTANT-READ CAREFULLY: This End-User
License Agreement ('EULA') is a legal
agreement between you (either an individual
or a single entity) and Microsoft Corporation
or one of its affiliates ('Microsoft') for
the Microsoft software that accompanies this
EULA, which includes computer software and
may include associated media, printed
materials, 'online' or electronic
documentation, and Internet-based services
('Software'). An amendment or addendum to
this EULA may accompany the Software.
Some of the terms have changed since the
initial release of Windows XP Service Pack 2.
The changes include:
* additional information about the
validation functions of the Software, which
determine whether the Software is counterfeit,
improperly licensed or a non-genuine Windows
product
* additional privacy disclosures about
Internet-based services
This list highlights some of those changes.
The terms below govern your use of the
Software.
YOU AGREE TO BE BOUND BY THE TERMS OF THIS
EULA BY INSTALLING, COPYING, OR OTHERWISE
USING THE SOFTWARE. IF YOU DO NOT AGREE, DO
NOT INSTALL, COPY, OR USE THE SOFTWARE; YOU
MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A
FULL REFUND, IF APPLICABLE.
1. GRANT OF LICENSE. Microsoft grants you
the following rights provided that you comply
with all terms and conditions of this EULA:
1.1 Installation and use. You may install,
use, access, display and run one copy of the
Software on a single computer, such as a
workstation, terminal or other device
('Workstation Computer'). The Software may
not be used by more than two (2) processors
at any one time on any single Workstation
Computer.
1.2 Mandatory Activation. Activation
associates the use of the Software with a
specific Workstation Computer. During
activation, the Software will send
information about the Software and the
Workstation Computer to Microsoft. This
information includes the version, language
and product key of the Software, the Internet
protocol address of the Workstation Computer,
and information derived from the hardware
configuration of the Workstation Computer.
For more information, see http://go.microsoft.
com/fwlink/?Linkid=103743. By using the
Software, you consent to the transmission of
this information. If properly licensed, you
have the right to use the version of the
Software installed during the installation
process up to a period of 30 days permitted
for activation. Unless the Software is
activated, you have no right to use the
Software after the time permitted for
activation. This is to prevent its unlicensed
use. You are not permitted to bypass or
circumvent activation. If the Workstation
Computer is connected to the Internet, the
Software may automatically connect to
Microsoft for activation. You can also
activate the Software manually by Internet or
telephone. If you do so, Internet and
telephone service charges may apply. Some
changes to your computer components or the
Software may require you to reactivate the
Software. The Software will remind you to
activate it until you do.
1.3 Device Connections. You may permit a
maximum of ten (10) computers or other
electronic devices (each a 'Device') to
connect to the Workstation Computer to
utilize one or more of the following services
of the Software: File Services, Print
Services, Internet Information Services,
Internet Connection Sharing and telephony
services. The ten connection maximum includes
any indirect connections made through
'multiplexing' or other software or hardware
which pools or aggregates connections. This
ten connection maximum does not apply to
other uses of the Software, such as
synchronizing data between a Device and the
Workstation Computer, provided only one user
uses, accesses, displays or runs the Software
at any one time. This Section 1.3 does not
grant you rights to access a Workstation
Computer Session from any Device. A 'Session'
means any use of the Software that enables
functionality similar to that available to an
end user who is interacting with the
Workstation Computer through any combination
of input, output and display peripherals.
1.4 Remote Desktop/Remote
Assistance/NetMeeting. The Software contains
Remote Desktop, Remote Assistance, and
NetMeeting technologies that enable the
Software or applications installed on the
Workstation Computer (sometimes referred to
as a host device) to be accessed remotely
from other Devices. You may use the
Software's Remote Desktop feature (or other
software which provides similar functionality
for a similar purpose) to access a
Workstation Computer Session from any Device
provided you acquire a separate Software
license for that Device. As an exception to
this rule, the person who is the single
primary user of the Workstation Computer may
access a Workstation Computer Session from
any Device without acquiring an additional
Software license for that Device. When you
are using Remote Assistance or NetMeeting (or
other software which provides similar
functionality for a similar purpose) you may
share a Session with other users without any
limit on the number of Device connections and
without acquiring additional licenses for the
Software. For Microsoft and non-Microsoft
applications, you should consult the license
agreement accompanying the applicable
software or contact the applicable licensor
to determine whether use of the software with
Remote Desktop, Remote Assistance, or
NetMeeting is permitted without an additional
license.
1.5 Storage/Network Use. You may also store
or install a copy of the Software on a
storage device, such as a network server,
used only to install or run the Software on
your other Workstation Computers over an
internal network; however, you must acquire
and dedicate an additional license for each
separate Workstation Computer on or from
which the Software is installed, used,
accessed, displayed or run. Except as
otherwise permitted by the NetMeeting and
Remote Assistance features described above, a
license for the Software may not be shared or
used concurrently on different Workstation
Computers.
1.6 Validation. The Software may check
periodically whether a properly licensed copy
of the Software is installed. Validation may
be required for certain Microsoft software to
be downloaded, installed or used. If you have
a properly licensed copy of the Software
installed, you receive special benefits, see
http://go.microsoft.com/fwlink/?linkid=39157.
If the software detects that a properly
licensed copy of the Software is not
installed, you will receive a notification
and periodic reminders to install a properly
licensed copy of the Software. During or
after a validation check, the Software may
send information about the Software, the
device and the results of the validation
check to Microsoft. This information includes,
for example, the version and product key of
the Software, any unauthorized changes made
to the validation, licensing or activation
functions of the Software, any related
malicious or unauthorized software found and
the Internet protocol address of the device.
Microsoft does not use the information to
identify or contact you. By using the
Software, you consent to the transmission of
this information. For more information about
validation and what is sent during or after a
validation check, see http://go.microsoft.
com/fwlink/?Linkid=96551.
2. INTERNET-BASED SERVICES. Microsoft
provides Internet-based services with the
Software. It may change or cancel them at any
time.
2.1 Consent for Internet-Based Services.
The software features described below in
section 2.2 and in the Privacy Statement
connect to Microsoft or service provider
computer systems over the Internet. In some
cases, you will not receive a separate notice
when they connect. You may switch off these
features or not use them. For more
information about these features, see the
Privacy Statement at http://go.microsoft.
com/fwlink/?Linkid=103743. By using these
features, you consent to the transmission of
this information. Microsoft does not use the
information to identify or contact you.
2.2 Computer Information. The following
features use Internet protocols, which send
to the appropriate systems computer
information, such as your Internet protocol
address, the type of operating system,
browser and name and version of the software
you are using, and the language code of the
Workstation Computer where you installed the
software. Microsoft uses this information to
make the Internet-based services available to
you.
· Plug and Play. You may connect new
hardware to your Workstation Computer. Your
Workstation Computer may not have the drivers
needed to communicate with that hardware. If
so, the update feature of the software can
obtain the correct driver from Microsoft and
install it on your Workstation Computer. An
administrator can disable this update feature.
· Windows Update. To enable the proper
functioning of the Windows Update service in
the Software (if you use it), updates or
downloads to the Windows Update service will
be required from time to time and downloaded
and installed without further notice to you.
· Web Content Features. Under the Software's
default configuration, if you are connected
to the Internet, several features of the
Software are enabled by default to retrieve
content from Microsoft computer systems and
display it to you. When you activate such a
feature, it uses standard Internet protocols,
which transmit the type of operating system,
browser and language code of your Workstation
Computer to the Microsoft computer system so
that the content can be viewed properly from
your Workstation Computer. These features
only operate when you activate them, and you
may choose to switch them off or not use them.
Examples of these features include Windows
Catalog, Search Assistant, and the Headlines
and Search features of Help and Support
Center.
· Digital Certificates. The Software uses
digital certificates based on the x.509
standard. These digital certificates confirm
the identity of Internet users sending x.509
standard encrypted information. The software
retrieves certificates and updates
certificate revocation lists. These security
features operate only when you use the
Internet.
· Auto Root Update. The Auto Root Update
feature updates the list of trusted
certificate authorities. You can switch off
the Auto Root Update feature.
2.3 Use of Information. Microsoft may use
the computer information to improve our
software and services. We may also share it
with others, such as hardware and software
vendors. They may use the information to
improve how their products run with Microsoft
software.
2.4 Misuse of Internet-based Services. You
may not use these services in any way that
could harm them or impair anyone else's use
of them. You may not use the services to try
to gain unauthorized access to any service,
data, account or network by any means.
3. RESERVATION OF RIGHTS AND OWNERSHIP.
Microsoft reserves all rights not expressly
granted to you in this EULA. The Software is
protected by copyright and other intellectual
property laws and treaties. Microsoft or its
suppliers own the title, copyright, and other
intellectual property rights in the Software.
The Software is licensed, not sold.
4. 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.
5. NO RENTAL/COMMERCIAL HOSTING. You may not
rent, lease, lend or provide commercial
hosting services with the Software.
6. LINKS TO THIRD PARTY SITES. You may link
to third party sites through the use of the
Software. The third party sites are not under
the control of Microsoft, and Microsoft is
not responsible for the contents of any third
party sites, any links contained in third
party sites, or any changes or updates to
third party sites. Microsoft is not
responsible for webcasting or any other form
of transmission received from any third party
sites. Microsoft is providing these links to
third party sites to you only as a
convenience, and the inclusion of any link
does not imply an endorsement by Microsoft of
the third party site.
7. ADDITIONAL SOFTWARE/SERVICES. This EULA
applies to updates, supplements, add-on
components, product support services, or
Internet-based services components, of the
Software that you may obtain from Microsoft
after the date you obtain your initial copy
of the Software, unless you accept updated
terms or another agreement governs. Microsoft
reserves the right to discontinue any
Internet-based services provided to you or
made available to you through the use of the
Software.
8. UPGRADES. To use Software identified as
an upgrade, you must first be licensed for
the software identified by Microsoft as
eligible for the upgrade. After upgrading,
you may no longer use the software that
formed the basis for your upgrade eligibility.
9. NOT FOR RESALE SOFTWARE. Software
identified as 'Not For Resale' or 'NFR,' may
not be sold or otherwise transferred for
value, or used for any purpose other than
demonstration, test or evaluation.
10. ACADEMIC EDITION SOFTWARE. To use
Software identified as 'Academic Edition' or
'AE,' you must be a 'Qualified Educational
User.' For qualification-related questions,
please contact the Microsoft Sales
Information Center/One Microsoft Way/Redmond,
WA 98052-6399 or the Microsoft subsidiary
serving your country.
11. NOTICE REGARDING THE ABSENCE OF WINDOWS
MEDIA PLAYER OR WINDOWS MESSENGER. The
Software does not include Windows Media
Player or Windows Messenger as defined by the
European Commission. As a result, you will
need a media player or instant messaging
software, either from Microsoft or a third
party, in order to play audio CDs or media
files, organize content in a media library,
create playlists, convert audio CDs to media
files, create an audio CD, create personal
videos, view artist and title information of
media files, view album art of music files,
transfer music to personal music players, or
to engage in instant messaging. Computer
manufacturers may pre-install third party
media players and instant messaging software
on computers running the Software. Consumers
may also separately install media players and
instant messaging software, either from
Microsoft or a third party. More information
can be found at . Microsoft provides
no warranty whatsoever with respect to
functionality associated with Windows Media
Player and Windows Messenger.
12. EXPORT RESTRICTIONS. You acknowledge
that the Software is subject to U.S. export
jurisdiction. 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 destination
restrictions issued by U.S. and other
governments. For additional information see
.
13. END USER PROOF OF LICENSE. If you
acquired the Software on a compact disc or
other media, a genuine Microsoft 'Proof of
License' label with a genuine copy of the
software identifies a licensed copy of the
Software. To be valid, the label must appear
on Microsoft software packaging. If you
receive the label separately, it is invalid.
You should keep the packaging that has the
label on it to prove that you are licensed to
use the Software.
14. SOFTWARE TRANSFER. Internal. You may
move the Software to a different Workstation
Computer. After the transfer, you must
completely remove the Software from the
former Workstation Computer. Transfer to
Third Party. The initial user of the Software
may make a one-time permanent transfer of
this EULA and Software to another end user,
provided the initial user retains no copies
of the Software. This transfer must include
the Software and the Proof of License label.
The transfer may not be an indirect transfer,
such as a consignment. Prior to the transfer,
the end user receiving the Software must
agree to all the EULA terms.
15. TERMINATION. Without prejudice to any
other rights, Microsoft may terminate this
EULA if you fail to comply with the terms and
conditions of this EULA. In such event, you
must destroy all copies of the Software and
all of its component parts.
16. NOTICE REGARDING SECURITY. To help
protect against breaches of security and
malicious software, periodically back up your
data and system information, use security
features such as firewalls, and install and
use security updates.
17. ENTIRE AGREEMENT; SEVERABILITY. This
EULA (including any addendum or amendment to
this EULA which is included with the
Software) is the entire agreement between you
and Microsoft relating to the Software and
the support services (if any) and they
supersede all prior or contemporaneous oral
or written communications, proposals and
representations with respect to the Software
or any other subject matter covered by this
EULA. To the extent the terms of any
Microsoft policies or programs for support
services conflict with the terms of this EULA,
the terms of this EULA shall control. If any
provision of this EULA is held to be void,
invalid, unenforceable or illegal, the other
provisions shall continue in full force and
effect.
The following MICROSOFT GUARANTEE applies to
you if you acquired this Software outside the
United States:
Statutory rights not affected - The
following guarantee is not restricted to any
territory and does not affect any statutory
rights that you may have from your reseller
or from Microsoft if you acquired the
Software directly from Microsoft. If you
acquired the Software or any support services
in Australia, New Zealand or Malaysia, please
see the 'Consumer rights' section below.
The guarantee - The Software is designed and
offered as a general-purpose software, not
for any user's particular purpose. You accept
that no Software is error free and you are
strongly advised to back-up your files
regularly. Provided that you have a valid
license, Microsoft guarantees that a) for a
period of 90 days from the date of receipt of
your license to use the Software or the
shortest period permitted by applicable law
it will perform substantially in accordance
with the written materials that accompany the
Software except to the extent such materials
describe functionality related to Windows
Media Player and Windows Messenger (see
Section 11, above - Microsoft provides no
guarantee whatsoever with respect to
functionality associated with Windows Media
Player and Windows Messenger); and b) any
support services provided by Microsoft shall
be substantially as described in applicable
written materials provided to you by
Microsoft and Microsoft support engineers
will use reasonable efforts, care and skill
to solve any problem issues. In the event
that the Software fails to comply with this
guarantee, Microsoft will either (a) repair
or replace the Software or (b) return the
price you paid. This guarantee is void if
failure of the Software results from accident,
abuse or misapplication, or from the absence
of Windows Media Player and Windows Messenger.
Any replacement Software will be guaranteed
for the remainder of the original guarantee
period or 30 days, whichever period is longer.
You agree that the above guarantee is your
sole guarantee in relation to the Software
and any support services.
Exclusion of All Other Terms - To the
maximum extent permitted by applicable law
and subject to the guarantee above, Microsoft
disclaims all warranties, conditions and
other terms, either express or implied
(whether by statute, common law, collaterally
or otherwise) including but not limited to
implied warranties of satisfactory quality
and fitness for particular purpose with
respect to the Software and the written
materials that accompany the Software. Any
implied warranties that cannot be excluded
are limited to 90 days or to the shortest
period permitted by applicable law, whichever
is greater.
Limitation of Liability - To the maximum
extent permitted by applicable law and except
as provided in the Microsoft Guarantee,
Microsoft and its suppliers shall not be
liable for any damages whatsoever (including
without limitation, damages for loss of
business profits, business interruption, loss
of business information or other pecuniary
loss) arising out of the use or inability to
use the Software, even if Microsoft has been
advised of the possibility of such damages.
In any case Microsoft's entire liability
under any provision of this Agreement shall
be limited to the amount actually paid by you
for the Software. These limitations do not
apply to any liabilities that cannot be
excluded or limited by applicable laws.
Consumer rights - Consumers in Australia,
New Zealand or Malaysia may have the benefit
of certain rights and remedies by reason of
the Trade Practices Act and similar state and
territory laws in Australia, the Consumer
Guarantees Act in New Zealand and the
Consumer Protection Act in Malaysia in
respect of which liability cannot lawfully be
modified or excluded. If you acquired the
Software in New Zealand for the purposes of a
business, you confirm that the Consumer
Guarantees Act does not apply. If you
acquired the Software in Australia and if
Microsoft breaches a condition or warranty
implied under any law which cannot lawfully
be modified or excluded by this agreement
then, to the extent permitted by law,
Microsoft's liability is limited, at
Microsoft's option, to: (i) in the case of
the Software: a) repairing or replacing the
Software; or b) the cost of such repair or
replacement; and (ii) in the case of support
services: a) re-supply of the services; or b)
the cost of having the services supplied
again.
Should you have any questions concerning
this EULA, or if you desire to contact
Microsoft for any reason, please use the
address information enclosed in this Software
to contact the Microsoft subsidiary serving
your country or visit Microsoft on the World
Wide Web at .
EULAID:XPSP3_RTM_RME-PRO_RTL_EN
