MICROSOFT DirectX 9.0c
SUPPLEMENTAL END USER LICENSE AGREEMENT FOR MICROSOFT SOFTWARE ("Supplemental
EULA")
IMPORTANT: READ CAREFULLY - These Microsoft Corporation ("Microsoft") operating
system components, including any "online" or electronic documentation ("OS
Components") are subject to the terms and conditions of the agreement under
which you have licensed the applicable Microsoft operating system product
described below (each an "End User License Agreement" or "EULA") and the terms
and conditions of this Supplemental EULA. BY INSTALLING, COPYING OR OTHERWISE
USING THE OS COMPONENTS, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF
THE APPLICABLE OPERATING SYSTEM PRODUCT EULA AND THIS SUPPLEMENTAL EULA. IF YOU
DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT INSTALL, COPY OR USE THE OS
COMPONENTS.
NOTE: IF YOU DO NOT HAVE A VALIDLY LICENSED COPY OF ANY VERSION OR EDITION OF
MICROSOFT WINDOWS XP MEDIA CENTER EDITION, MICROSOFT WINDOWS 95, WINDOWS 98,
WINDOWS NT 4.0 WINDOWS 2000 OPERATING SYSTEM OR ANY MICROSOFT OPERATING SYSTEM
THAT IS A SUCCESSOR TO ANY OF THOSE OPERATING SYSTEMS (each an "OS Product"),
YOU ARE NOT AUTHORIZED TO INSTALL, COPY OR OTHERWISE USE THE OS COMPONENTS AND
YOU HAVE NO RIGHTS UNDER THIS SUPPLEMENTAL EULA.
Capitalized terms used in this Supplemental EULA and not otherwise defined
herein shall have the meanings assigned to them in the applicable OS Product
EULA.
General. Each of the OS Components available from this site is identified as
being applicable to one or more of the OS Products. The applicable OS Components
are provided to you by Microsoft to update, supplement, or replace existing
functionality of the applicable OS Product. Microsoft grants you a license to
use the applicable OS Components under the terms and conditions of the EULA for
the applicable OS Product (which are hereby incorporated by reference except as
set forth below), the terms and conditions set forth in this Supplemental EULA,
and the terms and conditions of any additional end user license agreement that
may accompany the individual OS Components (each an "Individual EULA"), provided
that you comply with all such terms and conditions. To the extent that there is
a conflict among any of these terms and conditions applicable to the OS
Components, the following hierarchy shall apply: 1) the terms and conditions of
the Individual EULA; 2) the terms and conditions in this Supplemental EULA; and
3) the terms and conditions of the applicable OS Product EULA.
Additional Rights and Limitations.
* If you have multiple validly licensed copies of any OS Product, you may
reproduce, install and use one copy of the applicable OS Components as part of
the applicable OS product on all of your computers running validly licensed
copies of the applicable OS Product, provided that you use such additional
copies of such OS Components in accordance with the terms and conditions above.
For each validly licensed copy of the applicable OS Product, you also may
reproduce one additional copy of the applicable OS Components solely for
archival purposes or reinstallation of the OS Components on the same computer as
the OS Components were previously installed. Microsoft retains all right, title
and interest in and to the OS Components. All rights not expressly granted are
reserved by Microsoft.
* If you are installing the OS Components on behalf of an organization other
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that the end-user (whether an individual or a single entity) has received, read
and accepted these terms and conditions.
* The OS Components may contain technology that enables applications to be
shared between two or more computers, even if an application is installed on
only one of the computers. You may use this technology with all Microsoft
application products for multi-party conferences. For non-Microsoft
applications, you should consult the accompanying license agreement or contact
the licensor to determine whether application sharing is permitted by the
licensor.
* You may not disclose the results of any benchmark test of the .NET Framework
component of the OS Components to any third party without Microsoft’s prior
written approval.
SOLELY WITH RESPECT TO THE MICROSOFT VIRTUAL MACHINE FOR JAVA, YOU ARE ONLY
LICENSED TO INSTALL THIS OS COMPONENT ON A MACHINE THAT ALREADY CONTAINS A
VERSION OF THE MICROSOFT VIRTUAL MACHINE FOR JAVA.
IF THE APPLICABLE OS PRODUCT WAS LICENSED TO YOU BY MICROSOFT OR ANY OF ITS
WHOLLY OWNED SUBSIDIARIES, THE LIMITED WARRANTY (IF ANY) INCLUDED IN THE
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APPLICABLE OS COMPONENTS HAVE BEEN LICENSED BY YOU WITHIN THE TERM OF THE
LIMITED WARRANTY IN THE APPLICABLE OS PRODUCT EULA. HOWEVER, THIS SUPPLEMENTAL
EULA DOES NOT EXTEND THE TIME PERIOD FOR WHICH THE LIMITED WARRANTY IS PROVIDED.
IF THE APPLICABLE OS PRODUCT WAS LICENSED TO YOU BY AN ENTITY OTHER THAN
MICROSOFT OR ANY OF ITS WHOLLY OWNED SUBSIDIARIES, MICROSOFT DISCLAIMS ALL
WARRANTIES WITH RESPECT TO THE APPLICABLE OS COMPONENTS AS FOLLOWS:
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MICROSOFT AND ITS SUPPLIERS PROVIDE TO YOU THE OS COMPONENTS, AND ANY (IF ANY)
SUPPORT SERVICES RELATED TO THE OS COMPONENTS ("SUPPORT SERVICES") AS IS AND
WITH ALL FAULTS; AND MICROSOFT AND ITS SUPPLIERS HEREBY DISCLAIM WITH RESPECT TO
THE OS COMPONENTS AND SUPPORT SERVICES ALL WARRANTIES AND CONDITIONS, WHETHER
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RESULTS, WORKMANLIKE EFFORT AND LACK OF NEGLIGENCE. ALSO THERE IS NO WARRANTY,
DUTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO
DESCRIPTION OR NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR
PERFORMANCE OF THE OS COMPONENTS AND ANY SUPPORT SERVICES REMAINS WITH YOU.
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, PUNITIVE OR CONSEQUENTIAL
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INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF
REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER)
ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE OS
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SUPPLEMENTAL EULA, EVEN IF MICROSOFT OR ANY SUPPLIER HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
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 SUPPLEMENTAL EULA
AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO ACTUAL
DAMAGES INCURRED BY YOU BASED ON REASONABLE RELIANCE UP TO THE GREATER OF THE
AMOUNT ACTUALLY PAID BY YOU FOR THE OS COMPONENTS OR U.S.$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 PURPOSE.