Eurotech Apollo Quick Start Manual page 51

APOLLO Windows XP Embedded Quickstart
Attachment A
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 Eurotech
Ltd 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 treaties, as well as other 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 EUROTECH LTD 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 DEVICE, WILL CONSTITUTE YOUR AGREEMENT TO
THIS EULA (OR RATIFICATION OF ANY PREVIOUS CONSENT).
GRANT OF SOFTWARE LICENSE. The EULA grants you the following license:
•
You may use the SOFTWARE only on the DEVICE.
•
NOT FAULT TOLERANT. THE SOFTWARE IS NOT FAULT TOLERANT.
EUROTECH LTD HAS INDEPENDENTLY DETERMINED HOW TO USE THE
SOFTWARE IN THE DEVICE, AND MS HAS RELIED UPON EUROTECH LTD TO
CONDUCT 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 REGARDING
THE DEVICE OR THE SOFTWARE, THOSE WARRANTIES DO NOT ORIGINATE
FROM, AND ARE NOT BINDING ON, MS.
© 2007 Eurotech Ltd Issue E
Appendix B - End User License Agreement (EULA)
51