WINDOWS MESSAGING SUBSYSTEM END-USER LICENSE AGREEMENT FOR MICROSOFT SOFTWARE ______________________________________________________ IMPORTANT-READ CAREFULLY: This Microsoft End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Microsoft Corporation for the Microsoft software product identified above, which includes computer software and "online" or electronic documentation and may include associated media and printed materials ("SOFTWARE PRODUCT" or "SOFTWARE"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA;you are not authorized to use the SOFTWARE PRODUCT. ______________________________________________________ SOFTWARE PRODUCT LICENSE 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. 1. GRANT OF LICENSE. This EULA grants you the following limited, non-exclusive rights: * Software Product. You may install and use the enclosed SOFTWARE PRODUCT on a single computer to design, develop, and test software application products for use with Microsoft(r) Windows(r) version 3.x or Windows NT(tm) version 3.51("Application"). * Redistributable Code. The following portions of the SOFTWARE PRODUCT are designated as "Redistributable Code" and may be distributed in conjunction with your Application: Windows 3.1x and Windows for Workgroups: (Win16) setup.exe, setup.ini, setup.lst, wmsset.inf, wmsset.stf, wmsset1.CAB, wmsset2.CAB, wmsset3.CAB; and for Windows NT: setup.exe, setup.ini, setup.lst, SETUP.TDF, wmsset.inf, wmsset.stf, wmsset1.CAB, wmsset2.CAB, wmsset3.CAB, subject further to the distribution requirements described below. * Distribution Requirements. You may copy and redistribute the Redistributable Code as described above, provided that (a) you distribute the Redistributable Code only in conjunction with, and as a part of, your Application; (b) your Application adds significant and primary functionality to the Redistributable Code; (c) the Redistributable Code only operate in conjunction with Microsoft Windows version 3.x or Windows NT version 3.51; (d) your Application either calls the setup program in the SOFTWARE PRODUCT to install the Redistributable Code, or you must include the setup program provided with the SOFTWARE PRODUCT with your Application in order to install the Redistributable Code; (e) you do not permit further redistribution of the Redistributable Code by your end-user customers; (f) you do not use Microsoft's name, logo, or trademarks to market your Application; (g) you include a valid copyright notice on your Application; and (h) you agree to indemnify, hold harmless, and defend Microsoft from and against any claims or lawsuits, including attorneys' fees, that arise or result from the use or distribution of your Application. Contact Microsoft for the applicable royalties due and other licensing terms for all other uses and/or distribution of the Redistributable Code. * Microsoft reserves all rights not expressly granted to you. 2. COPYRIGHT. All rights, 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 either (a) make one copy of the SOFTWARE PRODUCT solely for backup or archival purposes, or (b) install the SOFTWARE PRODUCT on a single computer, provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the SOFTWARE PRODUCT. 3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. * Limitations on Reverse-Engineering, Decompilation, and Disassembly. You may not reverse- engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. * Rental. You may not rent or lease the SOFTWARE PRODUCT. * Software Transfer. You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity), and the recipient agrees to the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior versions of the SOFTWARE PRODUCT. * Termination. Without prejudice to any other rights, Microsoft may terminate 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. 5. EXPORT RESTRICTIONS. You agree that neither you nor your customers intend to or will, directly or indirectly, export or transmit (a) the SOFTWARE PRODUCT or related documentation and technical data, or (b) your Application as described in Section 1 of this EULA (or any part thereof), or process, or service that is the direct product of the SOFTWARE PRODUCT to any country to which such export or transmission is restricted by any applicable U.S. regulation or statute, without the prior written consent, if required, of the Bureau of Export Administration of the U.S. Department of Commerce, or such other governmental entity as may have jurisdiction over such export or transmission. 6. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT and documentation are 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 EULA is governed by the laws of the State of Washington. If this product was acquired outside the United States, local law may apply. Should you have any questions concerning this EULA, or if you desire to contact Microsoft for any reason, please contact the Microsoft subsidiary serving your country, or write: Microsoft Customer Sales and Service/One Microsoft Way/Redmond, WA 98052-6399. ______________________________________________________ NO WARRANTIES. To the maximum extent permitted by applicable law, Microsoft expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and any related documentation are provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose. The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with you. LIMITATION OF LIABILITY. Microsoft's entire liability and your exclusive remedy under this EULA shall not exceed five dollars (US$5.00). ______________________________________________________ NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall Microsoft or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profit, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of, or inability to use, this Microsoft product, even if Microsoft has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.