Wyse Technology WintermTM 9000 User Manual

Page 10

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Client Access Licenses. If you use the SYSTEM to access or utilize the services or

functionality of Microsoft Windows Server products (such as Microsoft Windows NT
Server 4.0 (all editions) or Microsoft Windows 2000 Server (all editions)), or use the
SYSTEM to permit workstation or computing devices to access or utilize the services
or functionality of Microsoft Windows Server products, you may be required to obtain a
Client Access License for the SYSTEM and or each such workstation or computing
device. Please refer to the end user license agreement for your Microsoft
WindowsServer product for additional information.

No Warranties. EXCEPT AS EXPRESSLY PROVIDED IN THE LIMITED WARRANTY

SECTION BELOW, THE SOFTWARE IS PROVIDED TO YOU “AS IS” WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY,
AND OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK OF THE
QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. IF YOU HAVE
RECEIVED ANY WARRANTIES REGARDING THE DEVICE OR THE SOFTWARE,
THOSE WARRANTIES DO NOT ORIGINATE FROM, AND ARE NOT BINDING ON,
MS.

No Liability for Consequential Damages. [MANUFACTURER AND/OR]

MANUFACTURER’S SUPPLIERS SHALL NOT BE HELD TO ANY LIABILITY FOR
ANY DAMAGES SUFFERED OR INCURRED BY YOU (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. IN NO EVENT SHALL MS BE LIABLE FOR ANY AMOUNT IN
EXCESS OF U.S. TWO HUNDRED FIFTY DOLLARS (U.S.$250.00).

Customer Remedies. [MANUFACTURER’s and] MANUFACTURER’s supplier’s

entire liability and your exclusive remedy shall be, at MANUFACTURER’s option, either
(a) return of the price paid, or (b) repair or replacement of the defective SOFTWARE
that does not meet the Limited Warranty and which is returned to the manufacturer with
a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE has
resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be
warranted for the remainder of the original warranty period or thirty (30) days,
whichever is longer.

Limitations on Reverse Engineering, Decompilation, and Disassembly. You may

not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to
the extent that such activity is expressly permitted by applicable law notwithstanding
this limitation.

Installation and Use. The SOFTWARE may not be used by more than two (2)

processors at any one time on the SYSTEM. You may permit a maximum of ten (10)
computers or other electronic devices (each a "Client") to connect to the SYSTEM to
utilize the services of the SOFTWARE solely for file and print services, internet
information services, and remote access (including connection sharing and telephony
services). The ten (10) connection maximum includes any indirect connections made
through "multiplexing" or other software or hardware which pools or aggregates
connections. Except as otherwise permitted in the NetMeeting/Remote Assistance/
Remote Desktop Features terms below, you may not use a Client to use, access,
display or run the SOFTWARE, the SOFTWARE's user interface or other executable
software residing on the SYSTEM.

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