Attachment 'EULA.txt'

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   1 MICROSOFT PRE-RELEASE SOFTWARE LICENSE TERMS
   2 MICROSOFT WINDOWS SERVER 2008 HYPER-V
   3 Below are two separate sets of License Terms.  Only one set applies to you.  To determine which License Terms apply to you check the Certificate of Authenticity received with your software.  If you received the software in full packaged product, then the Retail License Terms below apply to you.  If you received the software with a server from an original equipment manufacturer or software installer, then the OEM License Terms below apply to you.
   4 If you need assistance finding your license type, please go to:  <http://www.microsoft.com/resources/howtotell> to determine which license you have.
   5 
   6 1. RETAIL LICENSE TERMS
   7 
   8 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 pre-release software named above, which includes the media on which you received it, if any.  The terms also apply to any Microsoft
   9 ·	updates,
  10 ·	supplements,
  11 ·	Internet-based services, and 
  12 ·	support services
  13 for this software, unless other terms accompany those items.  If so, those terms apply.
  14 By using the software, you accept these terms.  If you do not accept them, do not use the software.
  15 If you comply with these license terms, you have the rights below.
  16 1.	INSTALLATION AND USE RIGHTS.  
  17 ·	You may install and use any number of copies of the software on your premises to design, develop and test your programs for use with the software.  
  18 ·	You may not test the software in a live operating environment unless Microsoft permits you to do so under another agreement.
  19 2.	TERM.  The term of this agreement is commercial release of the software.
  20 3.	PRE-RELEASE SOFTWARE.  This software is a pre-release version.  It may not work the way a final version of the software will.  We may change it for the final, commercial version.  We also may not release a commercial version.
  21 4.	FEEDBACK.  If you give feedback about the software to Microsoft, you give to Microsoft, without charge, the right to use, share and commercialize your feedback in any way and for any purpose.  You also give to third parties, without charge, any patent rights needed for their products, technologies and services to use or interface with any specific parts of a Microsoft software or service that includes the feedback.  You will not give feedback that is subject to a license that requires Microsoft to license its software or documentation to third parties because we include your feedback in them.  These rights survive this agreement.
  22 5.	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.  For more information, see www.microsoft.com/license/userights <http://www.microsoft.com/license/userights>.  You may not
  23 ·	work around any technical limitations in the software;
  24 ·	reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
  25 ·	make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
  26 ·	publish the software for others to copy;
  27 ·	rent, lease or lend the software;
  28 ·	transfer the software or this agreement to any third party; or
  29 ·	use the software for commercial software hosting services.
  30 6.	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 <http://www.microsoft.com/exporting>.
  31 7.	SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.
  32 8.	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.
  33 9.	Applicable Law.
  34 a.	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.
  35 b.	Outside the United States.  If you acquired the software in any other country, the laws of that country apply.
  36 10.	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.
  37 11.	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.
  38 12.	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.
  39 This limitation applies to
  40 ·	anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
  41 ·	claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
  42 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.
  43 2. OEM LICENSE TERMS
  44 
  45 These license terms are an agreement between you and
  46 ·	the server manufacturer that distributes the software with the server; or
  47 ·	the software installer that distributes the software with the server.
  48 Please read them.  They apply to the pre-release software named above, which includes the media on which you received it, if any.  The terms also apply to any Microsoft
  49 ·	updates,
  50 ·	supplements,
  51 ·	Internet-based services, and 
  52 ·	support services
  53 for this software, unless other terms accompany those items.  If so, those terms apply.  If you obtain updates or supplements directly from Microsoft, Microsoft, and not the manufacturer or installer, licenses those to you.
  54 By using the software, you accept these terms.  If you do not accept them, do not use the software.  Instead, contact the manufacturer or installer to determine its return policy for a refund or credit.
  55 If you comply with these license terms, you have the rights below.
  56 13.	INSTALLATION AND USE RIGHTS.
  57 ·	You may install and use any number of instances of the software on your premises to design, develop and test your programs for use with the software.  
  58 ·	You may not test the software in a live operating environment.
  59 14.	TERM.  The term of this agreement is commercial release of the software.
  60 15.	PRE-RELEASE SOFTWARE.  This software is a pre-release version.  It may not work the way a final version of the software will.  A commercial version may not be released.  If a commercial version is released it may be different from this software.
  61 16.	FEEDBACK.  If you give feedback about the software to Microsoft, you give to Microsoft, without charge, the right to use, share and commercialize your feedback in any way and for any purpose.  You also give to manufacturer, installer and third parties, without charge, any patent rights needed for their products, technologies and services to use or interface with any specific parts of a Microsoft software or service that includes the feedback.  You will not give feedback that is subject to a license that requires Microsoft to license its software or documentation to third parties because we include your feedback in them.  These rights survive this agreement.
  62 17.	Scope of License.  The software is licensed, not sold. This agreement only gives you some rights to use the software.  The manufacturer, installer and Microsoft reserve 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.  For more information, see the software documentation.  You may not
  63 ·	work around any technical limitations in the software;
  64 ·	reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
  65 ·	make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
  66 ·	publish the software for others to copy;
  67 ·	rent, lease or lend the software; or
  68 ·	use the software for commercial software hosting services.
  69 18.	TRANSFER TO A THIRD PARTY.  You may transfer the software only with the licensed server, the Certificate of Authenticity label, and this agreement, directly to a third party.  Before any permitted transfer, the other party must agree that this agreement applies to the transfer and use of the software.  You may not retain any instances of the software unless you also retain another license for the software.
  70 19.	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 <http://www.microsoft.com/exporting>.
  71 20.	SUPPORT SERVICES.  Because this software is “as is,” the manufacturer or installer may not provide support services for it.
  72 21.	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.
  73 22.	Applicable Law.
  74 a.	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.
  75 b.	Outside the United States.  If you acquired the software in any other country, the laws of that country apply.
  76 23.	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.
  77 24.	Disclaimer of Warranty.  The software is licensed “as-is.”   You bear the risk of using it.  The manufacturer or installer, and Microsoft give 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, the manufacturer or installer, and Microsoft exclude the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
  78 25.	Limitation on and Exclusion of Remedies and Damages.  Except for any refund the manufacturer or installer may provide, you cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
  79 This limitation applies to
  80 ·	anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
  81 ·	claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
  82 It also applies even if the manufacturer or installer, or 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.

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