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MS Remote NDIS USB Kit EULA
Microsoft Remote NDIS USB Kit EULA
Microsoft Remote NDIS USB Kit EULA
MICROSOFT REMOTE NDIS USB KIT
END-USER LICENSE AGREEMENT FOR MICROSOFT SOFTWARE
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 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. 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 (IF
APPLICABLE) FOR A FULL REFUND.
1. GRANT OF LICENSE. Microsoft grants you the following rights provided that you
comply with all terms and conditions of this EULA: a nonexclusive, worldwide, royalty
free right and license to use an unlimited number of copies of the Software on
computers, including workstations, terminals, or other devices and redistribute the
Software in object code only provided that each copy is a true and complete copy of the
Software including the license.txt file.
2. ADDITIONAL LICENSE RIGHTS -- REDISTRIBUTABLE CODE. In addition to the
rights granted in Section 1, certain portions of the Software, as described in this Section
2, are provided to you with additional license rights. These additional license rights are
conditioned upon your compliance with the distribution requirements and license
restrictions described in Section 3.
2.1 Redistributable Code--General. Microsoft grants you a nonexclusive, royalty-free
right to reproduce and distribute the object code form of any portion of the Software
listed in REDIST.TXT ("Redistributable Code"). For general redistribution requirements
for Redistributable Code, see Section 3.1, below.
3. LICENSE RESTRICTIONS -- DISTRIBUTION REQUIREMENTS. If you choose to
exercise your rights under Section 2, any redistribution by you is subject to your
compliance with the following terms.
3.1 If you are authorized and choose to redistribute Redistributable Code as described
in Section 2, you agree: (i) to distribute the Software only in object code form and only
in conjunction with and as a part of your hardware products ("Licensee Product") which
are designed to operate in conjunction with Microsoft Windows 2000 operating systems;
(ii) to distribute the Licensee Product containing the Redistributable Code pursuant to
an end user license agreement (which may be "break-the-seal", "click-wrap" or signed),
with terms no less protective than those contained in this EULA; (iii) not to use
Microsoft's name, logo, or trademarks to market the Licensee Product; (iv) to display
your own valid copyright notice which shall be sufficient to protect Microsoft's copyright
in the Software; (v) not to remove or obscure any copyright, trademark or patent notices
that appear on the Software as delivered to you; (vi) to indemnify, hold harmless, and
defend Microsoft from and against any claims or lawsuits, including attorney's fees, that
arise or result from the use or distribution of the Licensee Product; (vii) otherwise
comply with the terms of this EULA; and (viii) agree that Microsoft reserves all rights not
You also agree not to permit further distribution of the Redistributable Code by your end
users except you may permit further redistribution of the Redistributable Code by your
distributors to your end-user customers if your distributors only distribute the
Redistributable Code in conjunction with, and as part of, the Licensee Product and you
and your distributors comply with all other terms of this EULA.
3.2 If you use the Redistributable Code, then in addition to your compliance with the
applicable distribution requirements described for the Redistributable Code, the
following also applies. Your license rights to the Redistributable Code are conditioned
upon your not (i) creating derivative works of the Redistributable Code in any manner
that would cause the Redistributable Code in whole or in part to become subject to any
of the terms of an Excluded License; or (ii) distributing the Redistributable Code (or
derivative works thereof) in any manner that would cause the Redistributable Code to
become subject to any of the terms of an Excluded License. An "Excluded License" is
any license that requires as a condition of use, modification and/or distribution of
software subject to the Excluded License, that such software or other software
combined and/or distributed with such software be (x) disclosed or distributed in source
code form; (y) licensed for the purpose of making derivative works; or (z) redistributable
at no charge.
4. 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
5. 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.
6. NO RENTAL/COMMERCIAL HOSTING. You may not rent, lease, lend or provide
commercial hosting services with the Software.
7. CONSENT TO USE OF DATA. You agree that Microsoft and its affiliates may
collect and use technical information gathered as part of the product support services
provided to you, if any, related to the Software. Microsoft may use this information solely
to improve our products or to provide customized services or technologies to you and
will not disclose this information in a form that personally identifies you.
8. 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.
9. ADDITIONAL SOFTWARE/SERVICES. This EULA applies to updates,
supplements, add-on components, or Internet-based services components, of the
Software that Microsoft may provide to you or make available to you after the date you
obtain your initial copy of the Software, unless we provide other terms along with the
update, supplement, add-on component, or Internet-based services component.
Microsoft reserves the right to discontinue any Internet-based services provided to you
or made available to you through the use of the Software.
10. 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 elsewhere herein. 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.
11. 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 http://www.microsoft.com/exporting/.
12. SOFTWARE TRANSFER. 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. 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.
13. 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.
14. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, MICROSOFT AND ITS SUPPLIERS PROVIDE THE SOFTWARE,
AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS, AND
MICROSOFT AND ITS SUPPLIERS HEREBY DISCLAIM ALL OTHER WARRANTIES
AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING,
BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR
CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR
PURPOSE, OF RELIABILITY OR AVAILABILITY, OF ACCURACY OR
COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT,
OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO
THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT
OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT
THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE
SOFTWARE. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET
ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR
NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE. THE ENTIRE RISK AS
TO THE QUALITY, OR ARISING OUT OF THE USE OR PERFORMANCE OF THE
SOFTWARE AND ANY SUPPORT SERVICES, REMAINS WITH YOU.
15. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER
DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES
WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS
INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE
TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE,
FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS
WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR
INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO
PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND
RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT
OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION
WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT
(INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH
OF CONTRACT OR BREACH OF WARRANTY OF MICROSOFT OR ANY SUPPLIER,
AND EVEN IF MICROSOFT OR ANY SUPPLIER HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. 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.
16. LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY
DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND
ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), THE
ENTIRE LIABILITY OF MICROSOFT AND ANY OF ITS SUPPLIERS UNDER ANY
PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY HEREUNDER SHALL
BE LIMITED TO THE GREATER OF THE ACTUAL DAMAGES YOU INCUR IN
REASONABLE RELIANCE ON THE SOFTWARE UP TO THE AMOUNT ACTUALLY
PAID BY YOU FOR THE SOFTWARE OR US$5.00. THE FOREGOING LIMITATIONS,
EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL
17. APPLICABLE LAW. If you acquired this Software in the United States, this EULA
is governed by the laws of the State of Washington. If you acquired this Software in
Canada, unless expressly prohibited by local law, this EULA is governed by the laws in
force in the Province of Ontario, Canada; and, in respect of any dispute which may arise
hereunder, you consent to the jurisdiction of the federal and provincial courts sitting in
Toronto, Ontario. If you acquired this Software in the European Union, Iceland, Norway,
or Switzerland, then local law applies. If you acquired this Software in any other country,
then local law may apply.
18. ENTIRE AGREEMENT; SEVERABILITY. This EULA (including any addendum or
amendment to this EULA which is included with the Software) are 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.