END USER LICENSE AGREEMENT ADDENDUM (“EULA ADDENDUM”)
FOR
Microsoft® Windows® Server 2003 Standard Edition, Microsoft® Windows® Server 2003
Enterprise Edition, Microsoft® Windows® Server 2003 Datacenter Edition, Microsoft®
Windows® Server 2003 Web Edition, Microsoft® Windows® Server 2003 64-Bit Datacenter
Edition, Microsoft® Windows® Server 2003 64-Bit Enterprise Edition, Microsoft®
Windows® Storage Server 2003, Microsoft® Windows® Server 2003 Standard x64 Edition,
Microsoft® Windows® Server 2003 Enterprise x64 Edition, and Microsoft® Windows®
Server 2003 Datacenter x64 Edition.
IMPORTANT READ THIS FIRST. This EULA Addendum is a legal agreement between you
(either an individual or a single legal entity) and the Manufacturer from whom you
licensed both the Microsoft product identified above (“ORIGINAL PRODUCT”) and the
software files provided with this EULA Addendum (“Supplemental Software”). By
installing, copying, or otherwise using the Supplemental Software, you agree to be
bound by the following terms. If you do not agree to be bound by these terms, you
may not install, copy, or otherwise use the Supplemental Software.
This Supplemental Software is provided for the sole purpose of updating,
supplementing and/or replacing portions of the previously licensed copy of Microsoft
product identified above. Upon installation, the Supplemental Software files
become a part of the ORIGINAL PRODUCT and are subject to terms and conditions of the
agreement under which you have licensed the ORIGINAL PRODUCT (“EULA”). To the
extent that any terms in this EULA Addendum conflict with terms in the EULA for the
ORIGINAL PRODUCT, the terms of this EULA Addendum control solely with respect to the
Supplemental Software.
This Supplemental Software does not transmit any personally identifiable information
from your Computer to Microsoft computer systems without your consent.
NOTE: If you do not have a valid EULA for the ORIGINAL PRODUCT, you are not
authorized to install, copy or otherwise use the Supplemental Software. Any other
use of the Supplemental Software is prohibited.
Capitalized terms used in this EULA Addendum and not otherwise defined herein shall
have the meanings assigned to them in the EULA for the Original Product.
THE MANUFACTURER’S LIMITED WARRANTY (IF ANY) INCLUDED IN THE EULA FOR THE ORIGINAL
PRODUCT APPLIES TO THE SUPPLEMENTAL SOFTWARE AND THE TERM OF ANY MANUFACTURER’S
LIMITED WARRANTY WILL BEGIN ON THE DATE ON WHICH YOU INSTALL, COPY OR OTHERWISE USE
THE SUPPLEMENTAL SOFTWARE. THIS EULA ADDENDUM DOES NOT MODIFY THE SCOPE OF ANY
LIMITED WARRANTY PROVIDED IN THE EULA FOR THE ORIGINAL PRODUCT AS APPLIED TO THE
ORIGINAL PRODUCT, OR EXTEND THE TIME PERIOD FOR WHICH SUCH LIMITED WARRANTY IS
PROVIDED.
DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
MANUFACTURER AND ITS SUPPLIERS (INCLUDING MS, MICROSOFT CORPORATION (INCLUDING ITS
SUBSIDIARIES) AND THEIR RESPECTIVE SUPPLIERS) PROVIDE TO YOU THE SUPPLEMENTAL
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
SUPPLEMENTAL SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER
SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SUPPLEMENTAL
SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SUPPLEMENTAL SOFTWARE. ALSO,
THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION,
CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SUPPLEMENTAL
SOFTWARE.
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MANUFACTURER OR ITS SUPPLIERS
(INCLUDING MS, MICROSOFT CORPORATION (INCLUDING ITS SUBSIDIARIES) AND THEIR
RESPECTIVE 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 SUPPLEMENTAL SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER
SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SUPPLEMENTAL
SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SUPPLEMENTAL SOFTWARE, OR
OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA ADDENDUM, EVEN IN
THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT OR
PRODUCT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF MANUFACTURER OR ANY
SUPPLIER (INCLUDING MS, MICROSOFT CORPORATION (INCLUDING ITS SUBSIDIARIES) AND THEIR
RESPECTIVE SUPPLIERS), AND EVEN IF MANUFACTURER OR ANY SUPPLIER (INCLUDING MS,
MICROSOFT CORPORATION (INCLUDING ITS SUBSIDIARIES) AND THEIR RESPECTIVE SUPPLIERS)
HAS BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGES.
LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU 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 MANUFACTURER OR ANY SUPPLIER (INCLUDING MS, MICROSOFT
CORPORATION (INCLUDING ITS SUBSIDIARIES) AND THEIR RESPECTIVE SUPPLIERS) UNDER ANY
PROVISION OF THIS EULA ADDENDUM AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING
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 SUPPLEMENTAL
SOFTWARE 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.