Please consider which clauses if any
would not be enforceable. Why?
Would passage of UCITA change your analysis? How?
Please note there may be scanning errors...
Please read the following license agreement. Use the scroll bar to
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This is a legal agreement ("Agreement")
between you (either an individual or an entity), the end user ("Recipient"),
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AGREEMENT FOR PRERELEASE SOFTWARE Microsoft Mobile Internet Toolkit Beta
2 Accompanying this Agreement is a prerelease copy of the Microsoft software
identified above, which includes software and related documentation and
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or to provide any support with respect to the Applications. However, Microsoft
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Process may be served on either party in the manner authorized by applicable
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12. U.S. GOVERNMENT RIGHTS. All Software provided to the U.S. Government
pursuant to solicitations issued on or after December 1, 1995 is provided
with the 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
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Software is of U.S. origin. Recipient agrees 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/>. 14. NOTE ON
JAVA SUPPORT. THE SOFTWARE MAY CONTAIN SUPPORT FOR PROGRAMS WRITTEN IN
JAVA. JAVA TECHNOLOGY IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED,
OR INTENDED FOR USE OR RESALE AS ONLINE CONTROL EQUIPMENT IN HAZARDOUS
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OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR
TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH
THE FAILURE OF JAVA TECHNOLOGY COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY,
OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. Sun Microsystems, Inc. has
contractually obligated Microsoft to make this disclaimer. 15. ENTIRE AGREEMENT.
This Agreement constitutes the complete and exclusive agreement between
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supersedes all prior or contemporaneous oral or written communications,
proposals, representations, understandings, or agreements not specifically
incorporated herein. This Agreement may not be amended except in a writing
duly signed by an authorized representative of Microsoft and Recipient.
16. PARTIES BOUND. If Recipient is executing this Agreement on behalf of
an entity, then Recipient represents he/she has authority to execute this
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copies thereof) shall remain on the company premises, unless otherwise
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write Microsoft Corporation, One Microsoft Way, Redmond WA