Neoware e140 - Thin Client User Manual page 5

installed on the SYSTEM and thereafter use the SOFTWARE as restored or reinstalled in accordance with Section 1 of
this EULA. A single unit of Recovery Media may be used by you to restore or reinstall the SOFTWARE on ADDI-
TIONAL SYSTEMS.
4. COPYRIGHT. All title and copyrights in and to the SOFTWARE (including but not limited to any images, photo-
graphs, animations, video, audio, music, text and "applets," incorporated into the SOFTWARE), the accompanying printed
materials, and any copies of the SOFTWARE, are owned by MS or its suppliers (including Microsoft Corporation). You may
not copy the printed materials accompanying the SOFTWARE. All rights not specifically granted under this EULA are
reserved by MS and its suppliers (including Microsoft Corporation).
5. PRODUCT SUPPORT. Product support for the SOFTWARE is not provided by MS, its parent corporation, Microsoft
Corporation, or their affiliates or subsidiaries. For product support, please refer to Manufacturer's support number provided
in the documentation for the SYSTEM. Should you have any questions 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, wher-
ever 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 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 technol-
ogy is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in haz-
ardous 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 Manufac-
turer'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 QUAL-
ITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU.
Microsoft Software License v