MICROSOFT WINDOWS XP HOME EDITION (RETAIL) EULA


M

MICHAEL

13. SOFTWARE TRANSFER. Internal. You may move the Software to a different Workstation Computer.
After the transfer, you must completely remove the Software from the former Workstation
Computer. Transfer to Third Party. The initial user of the Software may make a one-time
permanent transfer of this EULA and Software to another end user, provided the initial user
retains no copies of the Software. This transfer must include all of the Software (including
all component parts, the media and printed materials, any upgrades, this EULA, and, if
applicable, the Certificate of Authenticity). The transfer may not be an indirect transfer,
such as a consignment. Prior to the transfer, the end user receiving the Software must agree to
all the EULA terms.


http://www.microsoft.com/windowsxp/home/eula.mspx

Published: June 1, 2004

This End End User License Agreement (EULA) is for informational purposes only. There is no
software accompanying the EULA.

IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between
you (either an individual or a single entity) and Microsoft Corporation for the Microsoft
software that accompanies this EULA, which includes computer software and may include
associated media, printed materials, "online" or electronic documentation, and Internet-based
services ("Software"). An amendment or addendum to this EULA may accompany the software. YOU
AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE
SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE; YOU MAY RETURN IT TO
YOUR PLACE OF PURCHASE FOR A FULL REFUND, IF APPLICABLE.

1. GRANT OF LICENSE. Microsoft grants you the following rights provided that you comply with
all terms and conditions of this EULA:

1.1 Installation and use. You may install, use, access, display and run one copy of the
Software on a single computer, such as a workstation, terminal or other device ("Workstation
Computer"). The Software may not be used by more than one processor at any one time on any
single Workstation Computer.

1.2 Mandatory Activation. The license rights granted under this EULA are limited to the first
thirty (30) days after you first install the Software unless you supply information required to
activate your licensed copy in the manner described during the setup sequence of the Software.
You can activate the Software through the use of the Internet or telephone; toll charges may
apply. You may also need to reactivate the Software if you modify your computer hardware or
alter the Software. There are technological measures in this Software that are designed to
prevent unlicensed use of the Software. Microsoft will use those measures to confirm you have a
legally licensed copy of the Software. If you are not using a licensed copy of the Software,
you are not allowed to install the Software or future Software updates. Microsoft will not
collect any personally identifiable information from your Workstation Computer during this
process.

1.3 Device Connections. You may permit a maximum of five (5) computers or other electronic
devices (each a "Device") to connect to the Workstation Computer to utilize one or more of the
following services of the Software: File Services, Print Services, Internet Information
Services, and remote access (including connection sharing and telephony services). The five
connection maximum includes any indirect connections made through "multiplexing" or other
software or hardware which pools or aggregates connections. This five connection maximum does
not apply to any other uses of the Software.

1.4 Remote Assistance/NetMeeting. The Software contains Remote Assistance and NetMeeting
technologies that enable the Software or applications installed on the Workstation Computer
(sometimes referred to as a host device) to be accessed remotely from other Devices. When you
are using Remote Assistance or NetMeeting (or other software which provides similar
functionality for a similar purpose) you may share your session with other users without any
limit on the number of Device connections and without acquiring additional licenses for the
Software. For Microsoft and non-Microsoft applications, you should consult the license
agreement accompanying the applicable software or contact the applicable licensor to determine
whether use of the software with Remote Assistance or NetMeeting is permitted without an
additional license. As used above, a session means the experience delivered by the Software
similar to when a user is using the input, output and display peripherals attached to the
Workstation Computer.

1.5 Storage/Network Use. You may also store or install a copy of the Software on a storage
device, such as a network server, used only to install or run the Software on your other
Workstation Computers over an internal network; however, you must acquire and dedicate an
additional license for each separate Workstation Computer on or from which the Software is
installed, used, accessed, displayed or run. Except as otherwise permitted by the NetMeeting
and Remote Assistance features described above, a license for the Software may not be shared or
used concurrently on different Workstation Computers.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

2.1 Digital Rights Management. Content providers are using the digital rights management
technology contained in this Software ("DRM") to protect the integrity of their content (
"Secure Content") so that their intellectual property, including copyright, in such content is
not misappropriated. Portions of this Software and third party applications such as media
players use DRM to play Secure Content ("DRM Software"). If the DRM Software's security has
been compromised, owners of Secure Content ("Secure Content Owners") may request that Microsoft
revoke the DRM Software's right to copy, display and/or play Secure Content. Revocation does
not alter the DRM Software's ability to play unprotected content. A list of revoked DRM
Software is sent to your computer whenever you download a license for Secure Content from the
Internet. You therefore agree that Microsoft may, in conjunction with such license, also
download revocation lists onto your computer on behalf of Secure Content Owners. Microsoft will
not retrieve any personally identifiable information, or any other information, from your
computer by downloading such revocation lists. Secure Content Owners may also require you to
upgrade some of the DRM components in this Software ("DRM Upgrades") before accessing their
content. When you attempt to play such content, Microsoft DRM Software will notify you that a
DRM Upgrade is required and then ask for your consent before the DRM Upgrade is downloaded.
Third party DRM Software may do the same. If you decline the upgrade, you will not be able to
access content that requires the DRM Upgrade; however, you will still be able to access
unprotected content and Secure Content that does not require the upgrade.

2.2 Windows Media Format Software Development Kit ("WMFSDK"). This EULA does not grant you any
rights to use the WMFSDK components contained in the Software to develop a software application
that uses Windows Media technology. If you wish to use the WMFSDK to develop such an
application, visit http://msdn.microsoft.com/workshop/imedia/windowsmedia /sdk/wmsdk.asp,
accept a separate license for the WMFSDK, download the appropriate WMFSDK, and install it on
your system.

2.3 Internet-Based Services Components. The Software contains components that enable and
facilitate the use of certain Internet-based services. You acknowledge and agree that Microsoft
may automatically check the version of the Software and/or its components that you are
utilizing and may provide upgrades or fixes to the Software that will be automatically
downloaded to your Workstation Computer.

2.4 Internet Gaming/Update Features. If you choose to utilize the Internet gaming or update
features within the Software, it is necessary to use certain computer system, hardware, and
software information to implement the features. By using these features, you explicitly
authorize Microsoft or its designated agent to access and utilize the necessary information for
Internet gaming and/or updating purposes. Microsoft may use this information solely to improve
our software or to provide customized services or technologies to you. Microsoft may disclose
this information to others, but not in a form that personally identifies you.

3. RESERVATION OF RIGHTS AND OWNERSHIP. Microsoft reserves all rights not expressly granted to
you in this EULA. The Software is 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 Software. The Software is licensed, not sold.

4. 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.

5. NO RENTAL/COMMERCIAL HOSTING. You may not rent, lease, lend or provide commercial hosting
services with the Software.

6. CONSENT TO USE OF DATA. You agree that Microsoft and its affiliates may collect and use
technical information gathered as part of the product support services provided to you, if any,
related to the Software. Microsoft may use this information solely to improve our products or
to provide customized services or technologies to you and will not disclose this information in
a form that personally identifies you.

7. LINKS TO THIRD PARTY SITES. You may link to third party sites through the use of the
Software. The third party sites are not under the control of Microsoft, and Microsoft is not
responsible for the contents of any third party sites, any links contained in third party
sites, or any changes or updates to third party sites. Microsoft is not responsible for
webcasting or any other form of transmission received from any third party sites. Microsoft is
providing these links to third party sites to you only as a convenience, and the inclusion of
any link does not imply an endorsement by Microsoft of the third party site.

8. ADDITIONAL SOFTWARE/SERVICES. This EULA applies to updates, supplements, add-on components,
or Internet-based services components, of the Software that Microsoft may provide to you or
make available to you after the date you obtain your initial copy of the Software, unless we
provide other terms along with the update, supplement, add-on component, or Internet-based
services component. Microsoft reserves the right to discontinue any Internet-based services
provided to you or made available to you through the use of the Software.

9. UPGRADES. To use Software identified as an upgrade, you must first be licensed for the
software identified by Microsoft as eligible for the upgrade. After upgrading, you may no
longer use the software that formed the basis for your upgrade eligibility.

10. NOT FOR RESALE SOFTWARE. Software identified as "Not For Resale" or "NFR," may not be sold
or otherwise transferred for value, or used for any purpose other than demonstration, test or
evaluation.

11. ACADEMIC EDITION SOFTWARE. To use Software identified as "Academic Edition" or "AE," you
must be a "Qualified Educational User." For qualification-related questions, please contact the
Microsoft Sales Information Center/One Microsoft Way/Redmond, WA 98052-6399 or the Microsoft
subsidiary serving your country.

12. EXPORT RESTRICTIONS. You acknowledge that the Software is subject to U.S. export
jurisdiction. You agree to comply with all applicable international and national laws that
apply to the Software, 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. SOFTWARE TRANSFER. Internal. You may move the Software to a different Workstation Computer.
After the transfer, you must completely remove the Software from the former Workstation
Computer. Transfer to Third Party. The initial user of the Software may make a one-time
permanent transfer of this EULA and Software to another end user, provided the initial user
retains no copies of the Software. This transfer must include all of the Software (including
all component parts, the media and printed materials, any upgrades, this EULA, and, if
applicable, the Certificate of Authenticity). The transfer may not be an indirect transfer,
such as a consignment. Prior to the transfer, the end user receiving the Software must agree to
all the EULA terms.

14. TERMINATION. Without prejudice to any other rights, Microsoft may terminate this EULA if
you fail to comply with the terms and conditions of this EULA. In such event, you must destroy
all copies of the Software and all of its component parts.

15. LIMITED WARRANTY FOR SOFTWARE ACQUIRED IN THE US AND CANADA. Microsoft warrants that the
Software will perform substantially in accordance with the accompanying materials for a period
of ninety (90) days from the date of receipt. If an implied warranty or condition is created by
your state /jurisdiction and federal or state/provincial law prohibits disclaimer of it, you
also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD
OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY-DAY
PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow
limitations on how long an implied warranty or condition lasts, so the above limitation may not
apply to you. Any supplements or updates to the Software, including without limitation, any (if
any) service packs or hot fixes provided to you after the expiration of the ninety day Limited
Warranty period are not covered by any warranty or condition, express, implied or statutory.

LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy for any breach
of this Limited Warranty is as set forth below. Except for any refund elected by Microsoft, YOU
ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the
Software does not meet Microsoft's Limited Warranty, and, to the maximum extent allowed by
applicable law, even if any remedy fails of its essential purpose. The terms of Section 17
("Exclusion of Incidental, Consequential and Certain Other Damages") are also incorporated into
this Limited Warranty. Some states /jurisdictions do not allow the exclusion or limitation of
incidental or consequential damages, so the above limitation or exclusion may not apply to you.
This Limited Warranty gives you specific legal rights. You may have other rights which vary
from state/jurisdiction to state/jurisdiction. YOUR EXCLUSIVE REMEDY. Microsoft's and its
suppliers' entire liability and your exclusive remedy for any breach of this Limited Warranty
or for any other breach of this EULA or for any other liability relating to the Software shall
be, at Microsoft's option from time to time exercised subject to applicable law, (a) return of
the amount paid (if any) for the Software, or (b) repair or replacement of the Software, that
does not meet this Limited Warranty and that is returned to Microsoft with a copy of your
receipt. You will receive the remedy elected by Microsoft without charge, except that you are
responsible for any expenses you may incur (e.g. cost of shipping the Software to Microsoft).
This Limited Warranty is void if failure of the Software has resulted from accident, abuse,
misapplication, abnormal use or a virus. Any replacement Software will be warranted for the
remainder of the original warranty period or thirty (30) days, whichever is longer, and
Microsoft will use commercially reasonable efforts to provide your remedy within a commercially
reasonable time of your compliance with Microsoft's warranty remedy procedures. Outside the
United States or Canada, neither these remedies nor any product support services offered by
Microsoft are available without proof of purchase from an authorized international source. To
exercise your remedy, contact: Microsoft, Attn. Microsoft Sales Information Center/One
Microsoft Way/Redmond, WA 98052-6399, or the Microsoft subsidiary serving your country.

16. DISCLAIMER OF WARRANTIES. The Limited Warranty that appears above is the only express
warranty made to you and is provided in lieu of any other express warranties or similar
obligations (if any) created by any advertising, documentation, packaging, or other
communications. Except for the Limited Warranty and to the maximum extent permitted by
applicable law, Microsoft and its suppliers provide the Software and support services (if any)
AS IS AND WITH ALL FAULTS, and 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 Software, and the provision
of or failure to provide support or other services, information, software, and related content
through the Software or otherwise arising out of the use of the Software. ALSO, THERE IS NO
WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO
DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.

17. 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, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS
WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE
SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON,
SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE
SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE
EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT 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 POSSIBILITY OF SUCH DAMAGES.

18. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might incur for
any reason whatsoever (including, without limitation, all damages referenced herein 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 EULA and your exclusive remedy hereunder
(except for any remedy of repair or replacement elected by Microsoft with respect to any breach
of the Limited Warranty) shall be limited to the greater of the actual damages you incur in
reasonable reliance on the Software up to the amount actually paid by you for the Software or
US$5.00. The foregoing limitations, exclusions and disclaimers (including Sections 15, 16 and
17) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its
essential purpose.

19. U.S. GOVERNMENT LICENSE RIGHTS. All Software provided to the U.S. Government pursuant to
solicitations issued on or after December 1, 1995 is provided with the commercial license
rights and restrictions described elsewhere herein. All Software provided to the U.S.
Government pursuant to solicitations issued prior to December 1, 1995 is provided with
"Restricted Rights" as provided for in FAR, 48 CFR 52.227 -14 (JUNE 1987) or DFAR, 48 CFR
252.227-7013 (OCT 1988), as applicable.

20. APPLICABLE LAW. If you acquired this Software in the United States, this EULA is governed
by the laws of the State of Washington. If you acquired this Software in Canada, unless
expressly prohibited by local law, this EULA is governed by the laws in force in the Province
of Ontario, Canada; and, in respect of any dispute which may arise hereunder, you consent to
the jurisdiction of the federal and provincial courts sitting in Toronto, Ontario. If you
acquired this Software in the European Union, Iceland, Norway, or Switzerland, then local law
applies. If you acquired this Software in any other country, then local law may apply.

21. ENTIRE AGREEMENT; SEVERABILITY. This EULA (including any addendum or amendment to this EULA
which is included with the Software) is the entire agreement between you and Microsoft relating
to the Software and the support services (if any) and they supersede all prior or
contemporaneous oral or written communications, proposals and representations with respect to
the Software or any other subject matter covered by this EULA. To the extent the terms of any
Microsoft policies or programs for support services conflict with the terms of this EULA, the
terms of this EULA shall control. If any provision of this EULA is held to be void, invalid,
unenforceable or illegal, the other provisions shall continue in full force and effect.

The following MICROSOFT GUARANTEE applies to you if you acquired this Software in any other
country: Statutory rights not affected - The following guarantee is not restricted to any
territory and does not affect any statutory rights that you may have from your reseller or from
Microsoft if you acquired the Software directly from Microsoft. If you acquired the Software or
any support services in Australia, New Zealand or Malaysia, please see the "Consumer rights"
section below.

The guarantee - The Software is designed and offered as a general-purpose software, not for any
user's particular purpose. You accept that no Software is error free and you are strongly
advised to back-up your files regularly. Provided that you have a valid license, Microsoft
guarantees that a) for a period of 90 days from the date of receipt of your license to use the
Software or the shortest period permitted by applicable law it will perform substantially in
accordance with the written materials that accompany the Software; and b) any support services
provided by Microsoft shall be substantially as described in applicable written materials
provided to you by Microsoft and Microsoft support engineers will use reasonable efforts, care
and skill to solve any problem issues. In the event that the Software fails to comply with this
guarantee, Microsoft will either (a) repair or replace the Software or (b) return the price you
paid. This guarantee is void if failure of the Software results from accident, abuse or
misapplication. Any replacement Software will be guaranteed for the remainder of the original
guarantee period or 30 days, whichever period is longer. You agree that the above guarantee is
your sole guarantee in relation to the Software and any support services.

Exclusion of All Other Terms - To the maximum extent permitted by applicable law and subject to
the guarantee above, Microsoft disclaims all warranties, conditions and other terms, either
express or implied (whether by statute, common law, collaterally or otherwise) including but
not limited to implied warranties of satisfactory quality and fitness for particular purpose
with respect to the Software and the written materials that accompany the Software. Any implied
warranties that cannot be excluded are limited to 90 days or to the shortest period permitted
by applicable law, whichever is greater.

Limitation of Liability - To the maximum extent permitted by applicable law and except as
provided in the Microsoft Guarantee, Microsoft and its suppliers shall not be liable for any
damages whatsoever (including without limitation, damages for loss of business profits,
business interruption, loss of business information or other pecuniary loss) arising out of the
use or inability to use the Software, even if Microsoft has been advised of the possibility of
such damages. In any case Microsoft's entire liability under any provision of this Agreement
shall be limited to the amount actually paid by you for the Software. These limitations do not
apply to any liabilities that cannot be excluded or limited by applicable laws.

Consumer rights - Consumers in Australia, New Zealand or Malaysia may have the benefit of
certain rights and remedies by reason of the Trade Practices Act and similar state and
territory laws in Australia, the Consumer Guarantees Act in New Zealand and the Consumer
Protection Act in Malaysia in respect of which liability cannot lawfully be modified or
excluded. If you acquired the Software in New Zealand for the purposes of a business, you
confirm that the Consumer Guarantees Act does not apply. If you acquired the Software in
Australia and if Microsoft breaches a condition or warranty implied under any law which cannot
lawfully be modified or excluded by this agreement then, to the extent permitted by law,
Microsoft's liability is limited, at Microsoft's option, to: (i) in the case of the Software:
a) repairing or replacing the Software; or b) the cost of such repair or replacement; and (ii)
in the case of support services: a) re-supply of the services; or b) the cost of having the
services supplied again.

Should you have any questions concerning this EULA, or if you desire to contact Microsoft for
any reason, please use the address information enclosed in this Software to contact the
Microsoft subsidiary serving your country or visit Microsoft on the World Wide Web at
http://www.microsoft.com.
 
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M

MICHAEL

Philly said:
In case you haven't notice, this is a Microsoft Windows "VISTA" newsgroup.

You are so bright.

The XP EULA was put here for comparison.

Catch up, please.


-Michael
 
J

John Barnes

It is poorly written anyway. Looks like a junior law clerk. Says the
initial user may only make a one-time transfer. Since they have no license
how could they possibly make another legal transfer.
Says the transferree has to accept the EULA. What does the transferree care
if the original user can only make a single transfer. Doesn't technically
say anything about what the transferree can do with his license.
 
D

Daze N. Knights

John said:
It is poorly written anyway. Looks like a junior law clerk. Says the
initial user may only make a one-time transfer. Since they have no license
how could they possibly make another legal transfer.
Says the transferree has to accept the EULA. What does the transferree care
if the original user can only make a single transfer. Doesn't technically
say anything about what the transferree can do with his license.

Maybe the trick here would be, then, for all of us to buy Vista and then
swap, whereupon we would all become transferrees who can do as we like
with our Vista and its license? ;-)
 
E

Eddy

You found the loophole.

Daze N. Knights said:
Maybe the trick here would be, then, for all of us to buy Vista and then
swap, whereupon we would all become transferrees who can do as we like
with our Vista and its license? ;-)
 
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J

John Barnes

Unfortunately it's for XP. If I had been this sloppy in law school the
professor would have thrown me out of the class.
 
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D

Donald L McDaniel

You found the loophole.

You forget one thing: The License is entered into by TWO persons: the
holder of the License (or non-license), and the ISSUER of the License, and
if we break the terms of the license, Microsoft would no longer be bound by
the terms of the license either, and could then deny us activation or
upgrades, at their pleasure.

A broken license is NO license, my friend.
Since it is only possible to use the software legally by holding an
effective license, we would then open ourselves up to litigation by
Microsoft's Legal team (and their bottomless warchest), as well as to
prosecution by the authorities as lawbreakers.

Sorry, bud, but you found NO "loophole".
You opened a can of worms, instead.

Donald
-------------------------------------------
 

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