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SUPPLEMENTAL INTERNATIOAL PROGRAM LICENSE AGREEMENT (“SUPPLEMENTAL IPLA”)
CAREFULLY. BY INSTALLING OR USING THE SOFTWARE THAT ACCOMPANIES THIS
SUPPLEMENTAL IPLA, YOU AGREE TO THE TERMS OF THIS SUPPLEMENTAL IPLA. IF
YOU DO NOT AGREE, DO NOT INSTALL OR USE THE SOFTWARE AND RETURN THE PRODUCT TO
MICROSOFT.
Warning: This computer
program is protected by copyright law and international treaties. Unauthorized
reproduction or distribution of this program, or any portion of it, may result
in severe civil and criminal penalties, and will be prosecuted to the maximum
extent possible under the law.
SUPPLEMENTAL INTERNATIONAL PROGRAM LICENSE AGREEMENT
FOR MICROSOFT BUSINESS
SOLUTIONS-NAVISION VERSION 4.0 SP 1 – LANGUAGE SPECIFIC MODULE. IMPORTANT: READ
CAREFULLY - This Supplemental
International Program License Agreement ("Supplemental IPLA")
governs your rights to the software components that accompany this
Supplemental IPLA, including any online or electronic documentation
(collectively referred to as "Supplemental Components"). NOTE: IF YOU DO NOT
HAVE A VALID LICENSE FOR MICROSOFT BUSINESS SOLUTIONS-NAVISION VERSION 4.0
(“SOFTWARE”), YOU ARE NOT AUTHORIZED TO INSTALL, COPY OR OTHERWISE USE THE
SUPPLEMENTAL COMPONENTS. BY INSTALLING, COPYING,
OR OTHERWISE USING THE SUPPLEMENTAL COMPONENTS, YOU AGREE TO BE BOUND BY THE
TERMS AND CONDITIONS OF THIS SUPPLEMENTAL IPLA AND THE INTERNATIONAL PROGRAM
LICENSE AGREEMENT THAT ACCOMPANIED THE SOFTWARE (THE "IPLA").
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT INSTALL, COPY OR
USE THE SUPPLEMENTAL COMPONENTS. The Supplemental Components are provided to
update, supplement or replace existing software and/or documentation of the
Software. Microsoft Corporation (or, if applicable based on where you
live, one of its affiliates) (“Microsoft”) grants you a license to install,
use and allow access to the Supplemental Components under the terms and
conditions of the IPLA (which are hereby incorporated by reference, except as
set forth below), and the terms and conditions of this Supplemental IPLA. To
the extent that any terms in this Supplemental IPLA conflict with any terms
in the IPLA, the terms of this Supplemental IPLA control solely with respect
to the Supplemental Components. NOTWITHSTANDING ANYTHING
IN THE IPLA TO THE CONTRARY, MICROSOFT DISCLAIMS ALL WARRANTIES WITH RESPECT
TO THE SUPPLEMENTAL COMPONENTS AS FOLLOWS: DISCLAIMER OF
WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
MICROSOFT AND ITS AFFILIATES PROVIDE TO YOU THE SUPPLEMENTAL COMPONENTS, AND
ANY (IF ANY) SUPPORT SERVICES RELATED TO THE COMPONENTS (“SUPPORT SERVICES”)
AS IS AND WITH ALL FAULTS; AND MICROSOFT AND ITS AFFILIATES HEREBY DISCLAIM
WITH RESPECT TO THE SUPPLEMENTAL COMPONENTS AND SUPPORT SERVICES ALL
WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING,
BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES, DUTIES OR CONDITIONS OF OR
RELATED TO: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF
VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, WORKMANLIKE EFFORT
AND LACK OF NEGLIGENCE. ALSO THERE IS NO WARRANTY, DUTY OR CONDITION OF
TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE
TO DESCRIPTION OR NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE
OR PERFORMANCE OF THE COMPONENTS AND ANY SUPPORT SERVICES REMAINS WITH YOU. EXCLUSION OF INCIDENTAL,
CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT OR ITS AFFILIATES BE
LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL
DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF
PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION,
PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD
FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER
LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR
INABILITY TO USE THE COMPONENTS OR THE SUPPORT SERVICES, OR THE PROVISION OF
OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION
WITH ANY PROVISION OF THIS SUPPLEMENTAL EULA, EVEN IF MICROSOFT OR ANY
AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LIMITATION OF LIABILITY
AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND
ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF MICROSOFT AND ANY OF
ITS AFFILIATES UNDER ANY PROVISION OF THIS SUPPLEMENTAL EULA AND YOUR
EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO ACTUAL DAMAGES
INCURRED BY YOU BASED ON REASONABLE RELIANCE UP TO THE GREATER OF THE AMOUNT
ACTUALLY PAID BY YOU FOR THE COMPONENTS OR U.S.$5.00.
THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS
ESSENTIAL PURPOSE. |