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📄 eula.txt

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 include, among other conditions, terms similar to those described
 in subsections 7.9(b)(i)-(iii) above.

7.10    Microsoft BackOffice Server.

 a.    Use of Administrator Tools. You may install and use the
 administrator tools on any Device within your organization.

 b.    Redistributable Code. You may modify, reproduce, and/or
 distribute the files listed in the REDIST.TXT file (collectively
 referred to as "Redistributable Code") provided that you comply
 with the Modification and Distribution Terms listed in such
 REDIST.TXT file.

8.    Distribution Requirements. If you choose to redistribute
the Library Sample Code, Microsoft Exchange Sample Applications,
or OWA Software (for purposes of this Section 8, collectively the
"Redistributable Code") with a software product developed by you
as described in this EULA (an "Application"), you agree to (a)
not permit further redistribution of the Library Sample Code by
your end-user customers; (b) not use Microsoft's name, logo, or
trademarks to market your Application; (c) include a valid
copyright notice on your Application; (d) 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 your application; (e) include
"Copyright <year> Microsoft Systems Journal" in all Microsoft
Systems Journal (MSJ) code used within your program(s); (f)
otherwise comply with the terms of this EULA; and (g) that
Microsoft reserves all rights not expressly granted.
Notwithstanding subsection 8(a), above, 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,
your Application and you and your distributors comply with all
other terms of this EULA.

9.    LIMITED WARRANTY.

    Microsoft warrants that the Product will perform 
substantially in accordance with the accompanying materials for
a period of 90 days from the date of receipt.

    If an implied warranty or condition is created by your
state/jurisdiction and federal or state/provincial law prohibits
disclaimer of it, you also have an implied warranty or condition,
BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD
OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY
DEFECTS DISCOVERED AFTER THE NINETY (90)-DAY PERIOD,
THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some
states/jurisdictions do not allow limitations on how long
an implied warranty or condition lasts, so the above limitation
may not apply to you.

    Any supplements or updates to the Product, including
without limitation, any (if any) service packs or hot fixes
provided to you after the expiration of the ninety-day Limited
Warranty period are not covered by any warranty or condition,
express, implied, or statutory.

LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER
DAMAGES.
Your exclusive remedy for any breach of this Limited Warranty is
as set forth below. Except for any refund elected by Microsoft,
YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT
NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Product does
not meet Microsoft's Limited Warranty, and, to the maximum
extent allowed by applicable law, even if any remedy fails of
its essential purpose. The terms of Section 11 below ("Exclusion
of Incidental, Consequential, and Certain Other Damages") are
also incorporated into this Limited Warranty. Some
states/jurisdictions do not allow the exclusion or limitation of
incidental or consequential damages, so the above limitation or
exclusion may not apply to you. This Limited Warranty gives you
specific legal rights. You may have others which vary from
state/jurisdiction to state/jurisdiction. YOUR EXCLUSIVE REMEDY.

Microsoft's and its suppliers' entire liability and your
exclusive remedy shall be, at Microsoft's option from time to
time exercised subject to applicable law, (a) return of the price
paid (if any) for the Product, or (b) repair or replacement of
the Product, that does not meet this Limited Warranty and that is
returned to Microsoft with a copy of your receipt. You will
receive the remedy elected by Microsoft without charge, except
that you are responsible for any expenses you may incur (e.g.
cost of shipping the Product to Microsoft). This Limited Warranty
is void if failure of the Product has resulted from accident,
abuse, misapplication, abnormal use, or a virus. Any replacement
Product will be warranted for the remainder of the original
warranty period or thirty (30) days, whichever is longer. Outside
the United States or Canada, neither these remedies nor any
product support services offered by Microsoft are available
without proof of purchase from an authorized international
source. Toexercise your remedy, contact: Microsoft, Attn. Microsoft
Sales Information Center/One Microsoft Way/Redmond, WA 98052-6399,
Or the Microsoft subsidiary serving your country.

10.    DISCLAIMER OF WARRANTIES. The Limited Warranty that
appears above is the only express warranty made to you and is
provided inlieu of any other express warranties (if any) created
by any documentation or packaging. Except for the Limited Warranty
and to the maximum extent permitted by applicable law, Microsoft
and its suppliers provide the Product and Support Services (if any)
AS IS AND WITH ALL FAULTS, and hereby disclaim all other
warranties and conditions, either 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 accuracy or completeness of responses, of
results, of workmanlike effort, of lack of viruses, and of lack
of negligence, all with regard to the Product, and the provision
of or failure to provide Support Services. ALSO, THERE IS NO
WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT,
QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION
OR NON-INFRINGEMENT WITH REGARD TO THE PRODUCT.

11.    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, 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 PRODUCT, the provision of or
failure to provide Support Services, or otherwise under or in
connection with any provision of this EULA, even in the event of
the fault, tort (including negligence), 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.

12.    LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding
any damages that you might incur for any reason whatsoever
(including, without limitation, all damages referenced above and
all direct or general damages), the entire liability of Microsoft
and any of its suppliers under any provision of this EULA and
your exclusive remedy for all of the foregoing (except for any
remedy of repair or replacement elected by Microsoft with respect
to any breach of the Limited Warranty) shall be limited to the
greater of the amount actually paid by you for the Product or
U.S.$5.00. The foregoing limitations, exclusions, and disclaimers
(including Sections 9, 10, and 11 above) shall apply to the
maximum extent permitted by applicable law, even if any remedy
fails its essential purpose.

13.    NOTE ON JAVA SUPPORT. THE PRODUCT 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
Microsoft to make this disclaimer.

14.    U.S. GOVERNMENT LICENSE RIGHTS. All Product 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 Product 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.

15.    APPLICABLE LAW. If you acquired this Product in the United
States, this EULA is governed by the laws of the State of
Washington. If you acquired this Product 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 this Product was acquired outside the United
States, then local law may apply.

16.    ENTIRE AGREEMENT. This EULA (including any addendum or
amendment to this EULA which is included with the Product) are
the entire agreement between you and Microsoft relating to the
Product and the Support Services (if any) and they supersede all
prior or contemporaneous oral or written communications,
proposals, and representations with respect to the Product 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.

17.    The Product 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 Product. The Product is licensed, not
sold.


Si vous avez acquis votre produit Microsoft au CANADA, la
garantie limit閑 suivante vous concerne:
GARANTIE LIMIT蒃

Microsoft garantit que le Produit fonctionnera conform閙ent aux
documents inclus pendant une p閞iode de 90 jours suivant la date
de r閏eption.

Si une garantie ou condition implicite est cr殚e par votre 蓆at
ou votre territoire et qu'une loi f閐閞ale ou provinciale ou 蓆at
en interdit le d閚i, vous jouissez 間alement d'une garantie ou
condition implicite, MAIS UNIQUEMENT POUR LES D蒄AUTS
D蒀OUVERTS DURANT LA P蒖IODE DE LA PR蒘ENTE
GARANTIE LIMIT蒃 (QUATRE-VINGT-DIX JOURS). IL
N'Y A AUCUNE GARANTIE OU CONDITION DE QUELQUE
NATURE QUE CE SOIT QUANT AUX D蒄AUTS D蒀OUVERTS
APR萐 CETTE P蒖IODE DE QUATRE-VINGT-DIX JOURS. 
Certains 蓆ats ou territoires ne permettent pas de limiter la
dur閑 d'une garantie ou condition implicite de sorte que la
limitation ci璬essus peut ne pas s'appliquer 

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