Eula for microsoft windows ce operating system – Nlynx MinIT6000 User Manual

Page 10

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No Liability for Consequential Damages

MANUFACTURER OR MANUFACTURER’S SUPPLIERS, INCLUDING MS AND ITS SUPPLIERS,
SHALL NOT BE HELD TO ANY LIABILITY FOR ANY DAMAGES SUFFERED OR INCURRED BY
THE END USER (INCLUDING, BUT NOT LIMITED TO, GENERAL, SPECIAL, CONSEQUENTIAL
OR INCIDENTAL DAMAGES INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE), ARISING
FROM OR IN CONNECTION WITH THE DELIVERY, USE OR PERFORMANCE OF THE
SOFTWARE.

If you acquired this EULA in the United States, this EULA is governed by the laws of the State of Washington.

If you acquired this EULA in Canada, this EULA is governed by the laws of the Province of Ontario, Canada. Each
of the parties hereto irrevocably attorneys to the jurisdiction of the courts of the Province of Ontario and further
agrees to commence any litigation which may arise hereunder in the courts located in the Judicial District of York,
Province of Ontario.

If this EULA was acquired outside the United States, then local law may apply.

Should you have any questions concerning this EULA, please contact the MANUFACTURER of your SYSTEM.

U.S. GOVERNMENT RESTRICTED RIGHTS

The SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by
the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and
Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer
Software—Restricted Rights at 48 CFR 52.227- 19, as applicable. MANUFACTURER is Microsoft
Corporation/One Microsoft Way/Redmond, WA 98052-6399.

EULA for Microsoft Windows CE Operating System

IMPORTANT—READ CAREFULLY

IF YOU DO NOT AGREE TO THIS END USER LICENSE AGREEMENT (“EULA”), DO
NOT USE THE DEVICE OR COPY THE SOFTWARE

INSTEAD, PROMPTLY CONTACT [COMPANY] FOR INSTRUCTIONS ON RETURN OF THE UNUSED
DEVICE (S) FOR A REFUND. ANY USE OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO
USE ON THE DEVICE, WILL CONSTITUTE YOUR AGREEMENT TO THIS EULA (OR
RATIFICATION OF ANY PREVIOUS CONSENT).

GRANT OF SOFTWARE LICENSE. This EULA grants you the following license:

You may use the SOFTWARE only on the DEVICE.

NOT FAULT TOLERANT. THE SOFTWARE IS NOT FAULT TOLERANT.
[COMPANY] HAS INDEPENDENTLY DETERMINED HOW TO USE THE
SOFTWARE IN THE DEVICE, AND MS HAS RELIED UPON [COMPANY] TO
CONDUCT SUFFICIENT TESTING TO DETERMINE THAT THE SOFTWARE IS
SUIT ABLE FOR SUCH USE.

NO WARRANTIES FOR THE SOFTWARE. THE SOFTWARE is provided “AS IS”
and with all faults. THE ENTIRE RISK AS TO SATISFACTORY QUALITY,
PERFORMANCE, ACCURACY, AND EFFORT (INCLUDING LACK OF
NEGLIGENCE) IS WITH YOU. ALSO, THERE IS NO WARRANTY AGAINST
INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE OR
AGAINST INFRINGEMENT.
IF YOU HAVE RECEIVED ANY WARRANTIES
REGARDING THE DEVICE OF THE SOFTWARE, THOSE WARRANTIES DO NOT
ORIGINATE FROM, AND ARE NOT BINDING ON, MS.

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