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HomeMy WebLinkAboutExhibit 4EXHIBIT C END USER LICENSE AGREEMENT MICROSOFT PRE-RELEASE SOFTWARE LICENSE TERMS MICROSOFT OFFICE SYSTEM These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the pre-release software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft updates, • supplements, • Internet -based services, and • support services for this software, unless other terms accompany those items. If so, those terms apply. By using the software, you accept these terms. If you do not accept them, do not use the software. If you comply with these license terms, you have the rights below. INSTALLATION AND USE RIGHTS. • You may install and test one copy of the software on your premises. • You may not test the software in a live operating environment unless Microsoft permits you to do so under another agreement. INTERNET-BASED SERVICES. Microsoft provides Internet -based services with the software. It may change or cancel them at any time. 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. TIME -SENSITIVE SOFTWARE. The software will stop running at the end of the Beta program. You will not receive any other notice. You may not be able to access data used with the software when it stops running. PRE-RELEASE SOFTWARE. This software is a pre-release version. It may not work the way a final version of the software will. We may change it for the final, commercial version. We also may not release a commercial version. FEEDBACK. Because this is pre-release software, you agree to give feedback about the software to Microsoft. You give to Microsoft, without charge, the right to use, share and commercialize your feedback in any way and for any purpose. You also give to third parties, without charge, any patent rights needed for their products, technologies and services to use or interface with any specific parts of a Microsoft software or service that includes the feedback. You will not give feedback that is subject to a license that requires Microsoft to license its software or documentation to third parties because we include your feedback in them. These rights survive this agreement. CONFIDENTIAL INFORMATION. The software, including its user interface, features and documentation, is confidential and proprietary to Microsoft and its suppliers. Use. For five years after installation of the software or its commercial release, whichever is first, you may not disclose confidential information to third parties. You may disclose confidential information only to your employees and consultants who need to know the Microsoft Office 12 RDP Agreement 16 information. You must have written agreements with them that protect the confidential information at least as much as this agreement. Survival. Your duty to protect confidential information survives this agreement. Exclusions. You may disclose confidential information in response to a judicial or governmental order. You must first give written notice to Microsoft to allow it to seek a protective order or otherwise protect the information. Confidential information does not include information that • becomes publicly known through no wrongful act; • you received from a third party who did not breach confidentiality obligations to Microsoft or its suppliers; or • you developed independently. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. For more information, see www.microsoft.com/licensing/userights. You may not • disclose the results of any benchmark tests of the software to any third party without Microsoft's prior written approval; • work around any technical limitations in the software; • reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation; • make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation; • publish the software for others to copy; • rent, lease or lend the software; • transfer the software or this agreement to any third party; or • use the software for commercial software hosting services. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exoortino. SUPPORT SERVICES. Because this software is "as is," we may not provide support services for it. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet - based services and support services that you use, are the entire agreement for the software and support services. APPLICABLE LAW. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort. Outside the United States. If you acquired the software in any other country, the laws of that country apply. Microsoft Office 12 RDP Agreement 17 LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You -nay also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so. DISCLAIMER OF WARRANTY. The software is licensed "as -Is." You bear the risk of using it. Microsoft gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this agreement cannot change. To the extent permitted under your local laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular purpose and non -infringement. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. You can recover from Microsoft and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, Indirect or incidental damages. This limitation applies to • anything related to the software, services, content (Including code) on third party Internet sites, or third party programs; and • claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages. Microsoft Office 12 RDP Agreement 18