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d. Software Transfer. You may not transfer any of your rights under this
EULA
e. Termination. Without prejudice to any other rights, Microsoft may termi-
nate this EULA if you fail to comply with the terms and conditions of this
EULA. In such event, you must destroy all copies of the SOFTWARE
PRODUCT and all of its component parts.
4. EXPORT RESTRICTIONS. You agree that you will not export or re-export the
SOFTWARE PRODUCT, any part thereof, or any process or service that is the
direct product of the SOFTWARE PRODUCT (the foregoing collectively re-
ferred to as the “Restricted Components”), to any country, person or entity sub-
ject to U.S. export restrictions. You specifically agree not to export or re-export
any of the Restricted Components (i) to any country to which the U.S. has em-
bargoed or restricted the export of goods or services, which currently include,
but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan
and Syria, or to any national of any such country, wherever located, who intends
to transmit or transport the Restricted Components back to such country; (ii) to
any entity who you know or have reason to know will utilize the Restricted
Components in the design, development or production of nuclear, chemical or
biological weapons; or (iii) to any entity who you know or have reason to know
has been prohibited from participating in U.S. export transactions by any feder-
al agency of the U.S. government. You warrant and represent that neither the
BXA nor any other U.S. federal agency has suspended, revoked or denied your
export privileges.
5. U.S. GOVERNMENT RIGHTS. All SOFTWARE PRODUCT provided to the
U.S. Government pursuant to solicitations issued on or after December 1, 1995
is provided with the commercial rights and restrictions described elsewhere
herein. All SOFTWARE PRODUCT provided to the U.S. Government pursuant
to solicitations issued prior to December 1, 1995 is provided with RESTRICT-
ED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or FAR,
48 CFR 252.227-7013 (OCT 1988), as applicable.
MISCELLANEOUS
If you acquired this product in the United States, this EULA is governed by the laws of
the State of Washington.
If you acquired this product in Canada, this 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 that may arise hereunder in the courts located in the Judicial District of
York, Province of Ontario.
If this product was acquired outside the United States, local law may apply.
NO WARRANTIES. Microsoft expressly disclaims any warranty for the SOFTWARE
PRODUCT. The SOFTWARE PRODUCT and any related documentation is provided
“as is” without warranty or condition of any kind, either express or implied, including,
without limitation, the implied warranties or conditions of merchantability, fitness for
a particular purpose, or non infringement. The entire risk arising out of use or
performance of the SOFTWARE PRODUCT remains with you.