MICROSOFT LICENSE TERMS
Microsoft® Software Addendum
This document concerns Client’s ("you" or "your") use of Microsoft software, which includes computer software provided to you by Seneca BizTek Systems Corporation ("Seneca BizTek ") as described below, and may include associated media, printed materials, and "online" or electronic documentation (individually and collectively "Software Products"). Seneca BizTek does not own the Software Products and the use thereof is subject to certain rights and limitations of which Seneca BizTek needs to inform you. Your right to use the Software Products is subject to your agreement with Seneca BizTek , and to your understanding of, compliance with and consent to the following terms and conditions, which Seneca BizTek does not have authority to vary, alter or amend.
1. Definitions
(a) "Client Software" means software that allows a Device to access or utilize the services or functionality provided by the Server Software.
(b) "Device" means each of a computer, workstation, terminal, handheld PC, pager, telephone, personal digital assistant, "smart phone,' or other electronic device.
(c) "Server Software" means software that provides services or functionality on a computer acting as a server.
2. OWNERSHIP OF SOFTWARE PRODUCTS
The Software Products are licensed to Seneca BizTek from an affiliate of Microsoft Corporation ("Microsoft"). All title and intellectual property rights in and to the Software Products (and the constituent elements thereof, including but not limited to any images, photographs, animations, video, audio, music, text and "applets" incorporated into the Software Products) are owned by Microsoft or its suppliers. The Software Products are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Your possession, access, or use of the Software Products does not transfer any ownership of the Software Products or any intellectual property rights to you.
3. USE OF CLIENT SOFTWARE
You may use the Client Software installed on your Devices by Seneca BizTek only in accordance with the instructions, and only in connection with the services, provided to you by Seneca BizTek . The terms of this document permanently and irrevocably supersede the terms of any Microsoft End User License Agreement which may be presented in electronic form during your use of the Client Software.
4. COPIES
You may not make any copies of the Software Products; provided, however, that you may make one (1) copy of Client Software on your Device as expressly authorized by Seneca BizTek .
5. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY
You may not reverse engineer, decompile, or disassemble the Software Products, except and only to the extent that applicable law, notwithstanding this limitation expressly permits such activity.
6. NO RENTAL
You may not rent, lease, lend, pledge, or directly or indirectly transfer or distribute the Software Products to any third party, and you may not permit any third party to have access to and/or use the functionality of the Software Products.
7. TERMINATION
Without prejudice to any other rights, Seneca BizTek may terminate your rights to use the Software Products if you fail to comply with these terms and conditions. In the event of termination or cancellation, you must stop using and/or accessing the Software Products, and destroy all copies of the Software Products and all of its component parts.
8. YOU ARE SOLELY RESPONSIBLE FOR MICROSOFT WARRANTIES, LIABILITIES OR REMEDIES FOR ALL MICROSOFT PRODUCTS PURCHASED BY YOU. UNLESS IF ANY, ARE PROVIDED SOLELY BY SENECA BIZTEK OR ITS AFFILIATES OR SUBSIDIARIES.
9. PRODUCT SUPPORT
Any product support for the Software Products is provided to you by Seneca BizTek and is not provided by Microsoft or its affiliates or subsidiaries.
10. NOT FAULT TOLERANT. THE SOFTWARE PRODUCTS MAY CONTAIN TECHNOLOGY THAT IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE IN ENVIRONMENTS OR APPLICATIONS IN WHICH THE FAILURE OF THE SOFTWARE PRODUCTS COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, PROPERTY OR ENVIRONMENTAL DAMAGE.
11. EXPORT RESTRICTIONS
The Software Products are of U.S. origin for purposes of U.S. export control laws. You agree to comply with all applicable international and national laws that apply to the Software Products, including the U.S. Export Administration Regulations, as well as enduser, enduse and destination restrictions issued by U.S. and other governments. For additional information, see http://www.microsoft.com/exporting/.
12. LIABILITY FOR BREACH
In addition to any liability you may have to Seneca BizTek , you agree that you will also be legally responsible directly to Microsoft for any breach of these terms and conditions.