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Endkundenvertragsbestimmungen
8.3
Microsoft Windows XP embedded
(END-USER LICENSE
AGREEMENT)
You have acquired a ACTIVY Media Center ("DEVICE") that
includes software licensed by Fujitsu Siemens Computers
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 documen-
tation ("SOFTWARE") are protected by international intellec-
tual 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
Fujitsu Siemens Computers FOR INSTRUCTIONS ON
RETURN OF THE UNUSED DEVICE(S) IN ACCORDANCE
WITH Fujitsu Siemens Computers'S RETURN POLICIES.
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. This EULA grants you
the following license:
•
You may use the SOFTWARE only on the DEVICE.
•
NOT FAULT TOLERANT. THE SOFTWARE IS NOT
FAULT TOLERANT. Fujitsu Siemens Computers HAS
INDEPENDENTLY DETERMINED HOW TO USE THE
SOFTWARE IN THE DEVICE, AND MS HAS RELIED
UPON Fujitsu Siemens Computers TO CONDUCT
SUFFICIENT TESTING TO DETERMINE THAT THE
SOFTWARE IS SUITABLE FOR SUCH USE.
•
Restricted Uses. The SOFTWARE is not designed or
intended for use or resale in hazardous environments
requiring fail-safe performance, such as in the operation
of nuclear facilities, aircraft navigation or communication
systems, air traffic control, or other devices or systems in
which a malfunction of the SOFTWARE would result in
foreseeable risk of injury or death to the operator of the
device or system, or to others.
•
Restricted Functionality. You are licensed to use the
SOFTWARE to provide only the limited functionality
(specific tasks or processes) for which the DEVICE
has been designed and marketed by Fujitsu Siemens
Computers. This license specifically prohibits any
other use of the software programs or functions, or
inclusion of additional software programs or
functions, on the DEVICE.
•
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 INTERFE-
RENCE WITH YOUR ENJOYMENT OF THE SOFTWA-
RE OR AGAINST INFRINGEMENT. IF YOU HAVE
RECEIVED ANY WARRANTIES REGARDING THE
10600709991
DEVICE OR THE SOFTWARE, THOSE WARRANTIES
DO NOT ORIGINATE FROM, AND ARE NOT BINDING
ON, MS.
•
Installation and Use. The SOFTWARE may not be
used by more than two (2) processors at any one time on
the DEVICE. You may permit a maximum of ten (10)
computers or other electronic devices (each a "Client") to
connect to the DEVICE to utilize the services of the
SOFTWARE solely for file and print services, internet
information services, and remote access (including
connection sharing and telephony services). The ten
(10) connection maximum includes any indirect connec-
tions made through "multiplexing" or other software or
hardware which pools or aggregates connections.
Except as otherwise permitted in the NetMeeting/Remote
Assistance/Remote Desktop Features terms below, you
may not use a Client to use, access, display or run the
SOFTWARE, the SOFTWARE's user interface or other
executable software residing on the DEVICE.
•
If you use the DEVICE to access or utilize the
services or functionality of Microsoft Windows
Server products (such as Microsoft Windows NT
Server 4.0 (all editions) or Microsoft Windows 2000
Server (all editions)), or use the DEVICE to permit
workstation or computing devices to access or
utilize the services or functionality of Microsoft
Windows Server products, you may be required to
obtain a Client Access License for the Device and/or
each such workstation or computing device. Please
refer to the end user license agreement for your
Microsoft Windows Server product for additional
information.
•
Security Updates. Content providers are using the
digital rights management technology ("Microsoft
DRM") contained in this SOFTWARE to protect the
integrity of their content ("Secure Content") so that
their intellectual property, including copyright, in
such content is not misappropriated. Owners of
such Secure Content ("Secure Content Owners")
may, from time to time, request MS, Microsoft
Corporation or their subsidiaries to provide security
related updates to the Microsoft DRM components of
the SOFTWARE ("Security Updates") that may affect
your ability to copy, display and/or play Secure
Content through Microsoft software or third party
applications that utilize Microsoft DRM. You
therefore agree that, if you elect to download a
license from the Internet which enables your use of
Secure Content, MS, Microsoft Corporation or their
subsidiaries may, in conjunction with such license,
also download onto your DEVICE such Security
Updates that a Secure Content Owner has requested
that MS, Microsoft Corporation or their subsidiaries
distribute. MS, Microsoft Corporation or their
subsidiaries will not retrieve any personally identifi-
able information, or any other information, from your
DEVICE by downloading such Security Updates.
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