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TERMS
AND CONDITIONS REGARDING USE OF MICROSOFT SOFTWARE
This document concerns
your use of Microsoft software, which includes computer software provided to you
by Website Solution Limited as described below, and may include associated media,
printed materials, and "online" or electronic documentation (individually
and collectively "SOFTWARE PRODUCTS"). Website Solution Limited does
not own the SOFTWARE PRODUCTS and the use thereof is subject to certain rights
and limitations of which Website Solution Limited needs to inform you. Your right
to use the SOFTWARE PRODUCTS is subject to your agreement with Website Solution
Limited, and to your understanding of, compliance with and consent to the following
terms and conditions, which Website Solution Limited does not have authority to
vary, alter or amend.
1. DEFINITIONS.
"Client Software"
means software that allows a Device to access or utilize the services or functionality
provided by the Server Software.
"Device" means each of a computer,
workstation, terminal, handheld PC, pager, telephone, personal digital assistant,
"smart phone," or other electronic device.
"Server Software"
means software that provides services or functionality on a computer acting as
a server.
"Redistribution Software" means the software described
in Paragraph 4 ("Use of Redistribution Software") below.
2.
OWNERSHIP OF SOFTWARE PRODUCTS. The SOFTWARE PRODUCTS are licensed to Website
Solution Limited from an affiliate of the Microsoft Corporation ("Microsoft").
All title and intellectual property rights in and to the SOFTWARE PRODUCTS (and
the constituent elements thereof, including but not limited to any images, photographs,
animations, video, audio, music, text and "applets" incorporated into
the SOFTWARE PRODUCTS) are owned by Microsoft or its suppliers. The SOFTWARE PRODUCTS
are protected by copyright laws and international copyright treaties, as well
as other intellectual property laws and treaties. Your possession, access, or
use of the SOFTWARE PRODUCTS does not transfer any ownership of the SOFTWARE PRODUCTS
or any intellectual property rights to you.
3. USE OF CLIENT SOFTWARE.
You may use the Client Software installed on your Devices by Website Solution
Limited only in accordance with the instructions, and only in connection with
the services, provided to you by Website Solution Limited. The terms of this document
permanently and irrevocably supersede the terms of any Microsoft End User License
Agreement which may be presented in electronic form during your use of the Client
Software.
4. USE OF REDISTRIBUTION SOFTWARE. In connection with the
services provided to you by Website Solution Limited, you may have access to certain
"sample," "redistributable" and/or software development ("SDK")
software code and tools (individually and collectively "Redistribution Software").
YOU MAY NOT USE, MODIFY, COPY, AND/OR DISTRIBUTE ANY REDISTRIBUTION SOFTWARE UNLESS
YOU EXPRESSLY AGREE TO AND COMPLY WITH CERTAIN ADDITIONAL TERMS CONTAINED IN THE
SERVICES
PROVIDER USE RIGHTS ("SPUR")
APPLICABLE TO Website Solution Limited, WHICH TERMS MUST BE PROVIDED TO YOU BY
Website Solution Limited.
Microsoft does not permit you to use any Redistribution
Software unless you expressly agree to and comply with such additional terms,
as provided to you by Website Solution Limited.
5. COPIES. You
may not make any copies of the SOFTWARE PRODUCTS; provided, however, that you
may (a) make one (1) copy of Client Software on your Device as expressly authorized
by Website Solution Limited; and (b) you may make copies of certain Redistribution
Software in accordance with Paragraph 4 (Use of Redistribution Software). You
must erase or destroy all such Client Software and/or Redistribution Software
upon termination or cancellation of your agreement with Website Solution Limited,
upon notice from Website Solution Limited or upon transfer of your Device to another
person or entity, whichever first occurs. You may not copy any printed materials
accompanying the SOFTWARE PRODUCTS.
6. LIMITATIONS ON REVERSE ENGINEERING,
DECOMPILATION AND DISASSEMBLY. You may not reverse engineer, decompile, or
disassemble the SOFTWARE PRODUCTS, except and only to the extent that applicable
law, notwithstanding this limitation expressly permits such activity.
7.
NO RENTAL. You may not rent, lease, lend, pledge, or directly or indirectly
transfer or distribute the SOFTWARE PRODUCTS to any third party, and you may not
permit any third party to have access to and/or use the functionality of the SOFTWARE
PRODUCTS.
8. TERMINATION. Without prejudice to any other rights,
Website Solution Limited may terminate your rights to use the SOFTWARE PRODUCTS
if you fail to comply with these terms and conditions. In the event of termination
or cancellation, you must stop using and/or accessing the SOFTWARE PRODUCTS, and
destroy all copies of the SOFTWARE PRODUCTS and all of its component parts.
9.
NO WARRANTIES, LIABILITIES OR REMEDIES BY MICROSOFT. ANY WARRANTIES, LIABILITY
FOR DAMAGES AND REMEDIES, IF ANY, ARE PROVIDED SOLELY BY Website Solution Limited
AND NOT BY MICROSOFT OR ITS AFFILIATES OR SUBSIDIARIES.
10. PRODUCT SUPPORT.
Any product support for the SOFTWARE PRODUCTS is provided to you by Website Solution
Limited and is not provided by Microsoft or its affiliates or subsidiaries.
11.
NOT FAULT TOLERANT. THE SOFTWARE PRODUCTS MAY CONTAIN TECHNOLOGY THAT IS NOT
FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE IN ENVIRONMENTS
OR APPLICATIONS IN WHICH THE FAILURE OF THE SOFTWARE PRODUCTS COULD LEAD TO DEATH,
PERSONAL INJURY, OR SEVERE PHYSICAL, PROPERTY OR ENVIRONMENTAL DAMAGE.
12.
EXPORT RESTRICTIONS. The SOFTWARE PRODUCTS are of U.S. origin for purposes
of U.S. export control laws. You agree to comply with all applicable international
and national laws that apply to the SOFTWARE PRODUCTS, 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/.
13.
LIABILITY FOR BREACH. In addition to any liability you may have to Website
Solution Limited, you agree that you will also be legally responsible directly
to Microsoft for any breach of these terms and conditions.
