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MICROSOFT® SELECT
STUDENT LICENSE AGREEMENT IMPORTANT—READ CAREFULLY: This Microsoft
Select Student End-User License Agreement ("Student EULA") is issued to
you pursuant to your school’s volume licensing agreement with Microsoft .
The issuance of this Student EULA is conditioned upon your current status
as a matriculated student at such school at the time this Student EULA is
issued. This Student EULA is a legal agreement between you and Microsoft
Corporation ("Licensor"). For purposes of this Student EULA, the term
"Software Product" shall mean the product(s) identified in Section 1
below, and the term "License" shall mean the right to make, use or access
a particular copy of the Software Product. The Software Product is
protected by copyright laws and international copyright treaties, as well
as other intellectual property laws and treaties. The Software Product is
licensed, not sold. By signing below and installing, copying, or otherwise
using the Software Product, you agree to be bound by the terms of this
Student EULA.
1. GRANT OF LICENSE. Licensor hereby grants you
the right to use one copy of the version number and language of the
Software Product(s) identified below. Your right to use each Software
Product shall be governed by and subject to the relevant section(s) of the
most current Product Use Rights as set forth in your school’s volume
licensing agreement with Microsoft. A copy of such Product Use Rights is
attached to and incorporated by reference into this Student
EULA. Product Description
2. DESCRIPTION OF OTHER RIGHTS AND
LIMITATIONS
3. UPGRADES. This relates specifically to
Windows XP Pro Upgrade. Prior to installing the Windows XP Pro
Upgrade the computer must have a previously licensed version of a 32-bit
Windows operating system. If the SOFTWARE PRODUCT is labeled
as an upgrade, you must be properly licensed to use a product identified
by Microsoft as being eligible for the upgrade in order to use the
SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade replaces and/or
supplements the product that formed the basis for your eligibility for the
upgrade. You may use the resulting upgraded product only in accordance
with the terms of this Student EULA. If the SOFTWARE PRODUCT is an upgrade
of a component of a package of software programs that you licensed as a
single product, the SOFTWARE PRODUCT may be used only as part of that
single product package and may not be separated for use on more than one
computer. 4. COPYRIGHT. All title and copyrights in and
to the SOFTWARE PRODUCT (including but not limited to any images,
photographs, animations, video, audio, music, text, and "applets"
incorporated into the SOFTWARE PRODUCT), and any copies of the
SOFTWARE PRODUCT are owned by Microsoft or its suppliers. The SOFTWARE
PRODUCT is protected by copyright laws and international treaty
provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other
copyrighted material except that you may install the SOFTWARE PRODUCT on a
single computer provided you keep the original solely for backup or
archival purposes. 5. U.S. GOVERNMENT RESTRICTED RIGHTS. The
SOFTWARE PRODUCT is provided with RESTRICTED RIGHTS. Use, duplication, or
disclosure by the Government is subject to restrictions as set forth in
subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer
Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of
the Commercial Computer Software—Restricted Rights at 48 CFR 52.227-19, as
applicable. Manufacturer is Microsoft Corporation/One Microsoft
Way/Redmond, WA 98052-6399. MISCELLANEOUS If you acquired this product in the United
States, this Student EULA is governed by the laws of the State of
Washington. If you acquired this product in Canada, this Student EULA is
governed by the laws of the Province of Ontario, Canada. Each of the
parties hereto irrevocably attorns to the jurisdiction of the courts of
the Province of Ontario and further agrees to commence any litigation
which may arise hereunder in the courts located in the Judicial District
of York, Province of Ontario. Should you have any questions concerning
this Student EULA, or if you desire to contact Microsoft for any reason,
please contact the Microsoft subsidiary serving your country, or write:
Microsoft Sales Information Center/One Microsoft Way/Redmond, WA
98052-6399.
LIMITED WARRANTY. Microsoft warrants that (a)
the SOFTWARE PRODUCT will perform substantially in accordance with the
applicable user documentation published by Microsoft for a period of
ninety (90) days from the date you first acquired the SOFTWARE PRODUCT,
and (b) any Support Services provided by Microsoft shall be substantially
as described in the applicable user documentation published by Microsoft,
and Microsoft support engineers will make commercially reasonable efforts
to solve any problem issues. Some states and jurisdictions do not allow
limitations on duration of an implied warranty, so the above limitation
may not apply to you. To the extent allowed by applicable law, implied
warranties on the SOFTWARE PRODUCT, if any, are limited to ninety (90)
days. Notwithstanding the foregoing, Microsoft under no circumstances
warrants the media on which the SOFTWARE PRODUCT has been distributed to
you. CUSTOMER REMEDIES. Microsoft’s, its suppliers’ and your school’s entire liability and your exclusive remedy shall be, at Microsoft’s option, either (a) your school’s return to you of the price paid, if any, or (b) their replacement of the SOFTWARE PRODUCT that does not meet Microsoft’s Limited Warranty and which is returned to your school with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. If the media on which the SOFTWARE PRODUCT has been distributed to you fails, you should return the SOFTWARE PRODUCT to your school with a copy of your receipt any time prior to the expiration of the ninety (90) day warranty period for (a) refund from your school of the price paid, if any, or (b) their replacement of the flawed media.
NO OTHER WARRANTIES. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT AND ITS SUPPLIERS DISCLAIM
ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND
NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION
OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU
SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM
STATE/JURISDICTION TO STATE /JURISDICTION. LIMITATION OF LIABILITY. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT OR
ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO
PROVIDE SUPPORT SERVICES, EVEN IF MICROSOFT HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, MICROSOFT’S ENTIRE LIABILITY
UNDER ANY PROVISION OF THIS STUDENT EULA SHALL BE LIMITED TO THE GREATER
OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S.$5.00.
BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU. By signing below, you agree to be bound by the terms of this Student EULA:
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Note: Your CARS ID is your Student Identification Number. Do not enter your social security number. Please read the agreement and entered your name and student identification number. Print the completed agreement and bring it to UIS to receive your voucher.
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