SBC-GX1 Windows XP Embedded Quickstart Appendix B – End User License Agreement (EULA)
Attachment A
COMPANY shall sublicense the Licensed Product to end users by means of a EULA.
COMPANY shall provide clear notice to Embedded System customers before or at the
time of purchase that the Embedded System contains software that is subject to a
license and that customer must agree to that license before it may use the Embedded
System. Company shall distribute the EULA in a manner that forms a contract binding
the end user to the EULA terms under applicable law. The EULA shall contain (A) the
following terms, and (B) any additional EULA terms set forth by MS in the Additional
Provisions for the Licensed Product. COMPANY may include additional terms in the
EULA, so long as they are no less protective of MS than the terms set forth below.
COMPANY shall substitute its name for the bracketed text [COMPANY] in the EULA
text. If permitted by COMPANY’s other software suppliers for a particular COMPANY
Embedded System, COMPANY may substitute for the word “MS” the term
“[COMPANY’s] software suppliers”.
You have acquired a device (“DEVICE”) that includes software licensed by Arcom
Control Systems from Microsoft Licensing Inc. or its affiliates (“MS”). Those installed
software products of MS origin, as well as associated media, printed materials, and
“online” or electronic documentation (“SOFTWARE”) are protected by international
intellectual property laws treaties, as well as other intellectual property laws and
treaties. The SOFTWARE is licensed, not sold. All rights reserved.
IF YOU DO NOT AGREE TO THIS END USER LICENSE AGREEMENT (“EULA”), DO
NOT USE THE DEVICE OR COPY THE SOFTWARE. INSTEAD, PROMPTLY
CONTACT ARCOM CONTROL SYSTEMS FOR INSTRUCTIONS ON RETURN OF
THE UNUSED DEVICE(S) FOR A REFUND. ANY USE OF THE SOFTWARE,
INCLUDING BUT NOT LIMITED TO USE ON THE DEVICE, WILL CONSTITUTE
YOUR AGREEMENT TO THIS EULA (OR RATIFICATION OF ANY PREVIOUS
CONSENT).
GRANT OF SOFTWARE LICENSE. The EULA grants you the following license:
You may use the SOFTWARE only on the DEVICE. •
•
•
NOT FAULT TOLERANT. THE SOFTWARE IS NOT FAULT TOLERANT. ARCOM
CONTROL SYSTEMS HAS INDEPENDENTLY DETERMINED HOW TO USE THE
SOFTWARE IN THE DEVICE, AND MS HAS RELIED UPON ARCOM CONTROL
SYSTEMS TO CONDUCT SUFFICIENT TESTING TO DETERMINE THAT THE
SOFTWARE IS SUITABLE FOR SUCH USE.
NO WARRANTIES FOR THE SOFTWARE. THE SOFTWARE is provided “AS IS”
and with all faults. THE ENTIRE RISK AS TO SATISFACTORY QUALITY,
PERFORMANCE, ACCURACY, AND EFFORT (INCLUDING LACK OF
NEGLIGENCE) IS WITH YOU. ALSO, THERE IS NO WARRANTY AGAINST
INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE OR AGAINST
INFRINGEMENT. IF YOU HAVE RECEIVED ANY WARRANTIES REGARDING
THE DEVICE OR THE SOFTWARE, THOSE WARRANTIES DO NOT ORIGINATE
FROM, AND ARE NOT BINDING ON, MS.
© 2004 Arcom Issue D 56
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