These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
for this software, unless other terms accompany those items. If so, those terms apply.
By using the software, you accept these terms. If you do not accept them, do not use the software.
INSTALLATION AND USE RIGHTS. You may install and use one copy of the software on each computer on your premises that you use to exchange data and software with portable devices powered by a Microsoft operating system.
This software product is designed for use with computers operating on any one of the following Microsoft operating systems: Windows 2000 Service Pack 4; Windows Server 2003 Service Pack 1; Windows Server 2003 Service Pack 1 for Itanium-based Systems; Windows Server 2003, Standard x64 Edition; Windows XP Home Edition; Windows XP Professional Edition; Windows XP Media Center Edition; Windows XP Professional x64 Edition; Windows XP Service Pack 1; Windows XP Service Pack 2; Windows XP Tablet PC Edition. This software product is compatible with the following portable device operating systems:
Windows Mobile 2003
Windows Mobile 2003 Second Edition
Windows Mobile 5.0
Windows Mobile 5.0 with Messaging and Security Feature Pack
Windows Mobile 6
Windows Embedded CE 6.0
Scope of License. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
use the software for commercial software hosting services.
BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
TRANSFER TO A THIRD PARTY. The first user of the software may transfer it and this agreement directly to a third party. Before the transfer, that party must agree that this agreement applies to the transfer and use of the software. The first user must uninstall the software before transferring it separately from the device. The first user may not retain any copies.
Export Restrictions. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.
Entire Agreement. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
Outside the United States. If you acquired the software in any other country, the laws of that country apply.
Legal Effect. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
Disclaimer of Warranty. The software is licensed “as-is.” You bear the risk of using it. Microsoft gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this agreement cannot change. To the extent permitted under your local laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Limitation on and Exclusion of Remedies and Damages. You can recover from Microsoft and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
This limitation applies to
anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.