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SUPPLEMENTAL END USER LICENSE AGREEMENT FOR MICROSOFT MOVIE MAKER 2.0 IMPORTANT: READ CAREFULLY � This Supplemental End User License Agreement (�Supplemental EULA�) is a legal agreement between Recipient (either an individual or a single entity) and Microsoft Corporation (�Microsoft�) for the Microsoft software that accompanies this Supplemental EULA, which includes computer software and may include associated media, printed materials, �online� or electronic documentation, and Internet-based services (the �OS Components�). The OS Components are provided to update, supplement, or replace existing functionality of the applicable Microsoft software for which the OS Components are designed (any such software referred to here as �OS Software�). An amendment or addendum to this Supplemental EULA may accompany the OS Components. RECIPIENT AGREES TO BE BOUND BY THE TERMS OF THE APPLICABLE OS SOFTWARE END USER LICENSE AGREEMENT (�OS SOFTWARE EULA�) AND THIS SUPPLEMENTAL EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE OS COMPONENTS. IF RECIPIENT DOES NOT HAVE A VALIDLY LICENSED COPY OF THE APPLICABLE OS SOFTWARE, RECIPIENT IS NOT AUTHORIZED TO INSTALL, COPY OR OTHERWISE USE THE OS COMPONENTS AND RECIPIENT HAS NO RIGHTS UNDER THIS SUPPLEMENTAL EULA. General. * Microsoft grants Recipient a license to use the OS Components under the terms and conditions of the OS Software EULA (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 Recipient 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 Software EULA. * The OS Components are protected by copyright and other intellectual property laws and treaties. Microsoft or its suppliers own the title, copyright, and other intellectual property rights in the OS Components. Microsoft reserves all rights not expressly granted to Recipient in this Supplemental EULA. The OS Components are licensed, not sold. * Capitalized terms used in this Supplemental EULA and not otherwise defined herein shall have the meanings assigned to them in the applicable OS Software EULA. Additional Rights and Limitations. * Recipient may reproduce, install and use one copy of the OS Components on each of Recipient's computers that is running a validly licensed copy of the applicable OS Software, provided that Recipient uses each such additional copy of the OS Components in accordance with the terms and conditions of this Supplemental EULA. * Solely for the purpose of preventing unlicensed use of the applicable OS Software, the OS Components will include installation on Recipient's computer of technological measures that are designed to prevent unlicensed use, and Microsoft may use this technology to confirm that Recipient has a licensed copy of the OS Software. The update of these technological measures only occurs through the
installation of these OS Components. The OS Components will not install on unlicensed copies of the OS Software. If Recipient is not using a licensed copy of the OS Software, Recipient is not allowed to install the OS Components or future OS Software updates. Microsoft will not collect any personally identifiable information from Recipient's computer during this process. * The OS Components may include the Microsoft .NET Framework. Recipient may not disclose the results of any benchmark test of the .NET Framework to any third party without Microsoft�s prior written approval. * Solely with respect to the OS Components, if the licensor of the applicable OS Software was an entity other than Microsoft, then for the purposes of this Supplemental EULA Microsoft is the licensor with respect to such OS Components in lieu of the "Manufacturer" or other entity. Manufacturer or such other entity has no obligation under this Supplemental EULA to provide support for such OS Components. With respect to the existing functionality contained in the applicable OS Software that is not updated, supplemented, or replaced by the OS Components, the OS Software EULA provided by the Manufacturer or other licensing entity shall remain in full force and effect as to that OS Software. IF THE APPLICABLE OS SOFTWARE WAS LICENSED TO RECIPIENT BY MICROSOFT OR ANY OF ITS WHOLLY OWNED SUBSIDIARIES, THE LIMITED WARRANTY (IF ANY) INCLUDED IN THE APPLICABLE OS SOFTWARE EULA APPLIES TO THE OS COMPONENTS, PROVIDED THAT THE OS COMPONENTS HAVE BEEN LICENSED BY RECIPIENT WITHIN THE TERM OF THE LIMITED WARRANTY IN THE APPLICABLE OS SOFTWARE EULA. HOWEVER, THIS SUPPLEMENTAL EULA DOES NOT EXTEND THE TIME PERIOD FOR WHICH THE LIMITED WARRANTY IS PROVIDED. IF THE APPLICABLE OS SOFTWARE WAS LICENSED TO RECIPIENT BY AN ENTITY OTHER THAN MICROSOFT OR ANY OF ITS WHOLLY OWNED SUBSIDIARIES, MICROSOFT DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE OS COMPONENTS AS FOLLOWS: DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT AND ITS SUPPLIERS PROVIDE TO RECIPIENT THE OS COMPONENTS, AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS; AND MICROSOFT AND ITS SUPPLIERS HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF RELIABILITY OR AVAILABILITY, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE OS COMPONENTS, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE OS COMPONENTS OR OTHERWISE ARISING OUT OF THE USE OF THE OS COMPONENTS. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE OS COMPONENTS. 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, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR 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 COMPONENTS, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE OS COMPONENTS OR OTHERWISE ARISING OUT OF THE USE OF THE OS COMPONENTS, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS SUPPLEMENTAL EULA, EVEN IN THE EVENT OF THE FAULT, TORT
(INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT OR PRODUCT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF MICROSOFT OR ANY SUPPLIER, AND EVEN IF MICROSOFT OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGES. LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT RECIPIENT MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), THE ENTIRE LIABILITY OF MICROSOFT AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS SUPPLEMENTAL EULA AND RECIPIENT'S EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE GREATER OF THE ACTUAL DAMAGES RECIPIENT INCURS IN REASONABLE RELIANCE ON THE SOFTWARE UP TO THE AMOUNT ACTUALLY PAID BY RECIPIENT 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.
installation of these OS Components. The OS Components will not install on unlicensed copies of the OS Software. If Recipient is not using a licensed copy of the OS Software, Recipient is not allowed to install the OS Components or future OS Software updates. Microsoft will not collect any personally identifiable information from Recipient's computer during this process. * The OS Components may include the Microsoft .NET Framework. Recipient may not disclose the results of any benchmark test of the .NET Framework to any third party without Microsoft�s prior written approval. * Solely with respect to the OS Components, if the licensor of the applicable OS Software was an entity other than Microsoft, then for the purposes of this Supplemental EULA Microsoft is the licensor with respect to such OS Components in lieu of the "Manufacturer" or other entity. Manufacturer or such other entity has no obligation under this Supplemental EULA to provide support for such OS Components. With respect to the existing functionality contained in the applicable OS Software that is not updated, supplemented, or replaced by the OS Components, the OS Software EULA provided by the Manufacturer or other licensing entity shall remain in full force and effect as to that OS Software. IF THE APPLICABLE OS SOFTWARE WAS LICENSED TO RECIPIENT BY MICROSOFT OR ANY OF ITS WHOLLY OWNED SUBSIDIARIES, THE LIMITED WARRANTY (IF ANY) INCLUDED IN THE APPLICABLE OS SOFTWARE EULA APPLIES TO THE OS COMPONENTS, PROVIDED THAT THE OS COMPONENTS HAVE BEEN LICENSED BY RECIPIENT WITHIN THE TERM OF THE LIMITED WARRANTY IN THE APPLICABLE OS SOFTWARE EULA. HOWEVER, THIS SUPPLEMENTAL EULA DOES NOT EXTEND THE TIME PERIOD FOR WHICH THE LIMITED WARRANTY IS PROVIDED. IF THE APPLICABLE OS SOFTWARE WAS LICENSED TO RECIPIENT BY AN ENTITY OTHER THAN MICROSOFT OR ANY OF ITS WHOLLY OWNED SUBSIDIARIES, MICROSOFT DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE OS COMPONENTS AS FOLLOWS: DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT AND ITS SUPPLIERS PROVIDE TO RECIPIENT THE OS COMPONENTS, AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS; AND MICROSOFT AND ITS SUPPLIERS HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF RELIABILITY OR AVAILABILITY, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE OS COMPONENTS, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE OS COMPONENTS OR OTHERWISE ARISING OUT OF THE USE OF THE OS COMPONENTS. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE OS COMPONENTS. 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, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR 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 COMPONENTS, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE OS COMPONENTS OR OTHERWISE ARISING OUT OF THE USE OF THE OS COMPONENTS, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS SUPPLEMENTAL EULA, EVEN IN THE EVENT OF THE FAULT, TORT
(INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT OR PRODUCT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF MICROSOFT OR ANY SUPPLIER, AND EVEN IF MICROSOFT OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGES. LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT RECIPIENT MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), THE ENTIRE LIABILITY OF MICROSOFT AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS SUPPLEMENTAL EULA AND RECIPIENT'S EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE GREATER OF THE ACTUAL DAMAGES RECIPIENT INCURS IN REASONABLE RELIANCE ON THE SOFTWARE UP TO THE AMOUNT ACTUALLY PAID BY RECIPIENT 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.
