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Microsoft Software License Terms (Industry 8.1)

3/3/2014

MICROSOFT SOFTWARE LICENSE TERMS

WINDOWS EMBEDDED 8.1 INDUSTRY PRO

This is a license agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you that describes your rights to use Windows Embedded 8.1 Industry Pro.

For your convenience, we have organized this agreement into two parts. The first part includes introductory terms phrased in a question and answer format; the Additional Terms follow and contain greater detail. You should review the entire agreement, including any linked terms, because all of the terms are important and together create this contract that applies to you. You can review linked terms by pasting the forward link into your browser window once the software is running. The Additional Terms contain a binding arbitration clause and class action waiver. If you live in the United States, these affect your rights to resolve a dispute with Microsoft, and you should read them carefully.

By accepting this agreement or using the software, you agree to all of these terms and consent to the transmission of certain information during activation and for Internet-based features of the software. If you do not accept and comply with these terms, you may not use the software or its features. Contact Microsoft or the Microsoft affiliate serving your country for information about Microsoft’s refund policies. See microsoft.com/worldwide . In the United States and Canada, call (800) MICROSOFT or see microsoft.com/info/nareturns.htm .

How can I use the software? We do not sell our software or your copy of it – we only license it. The software may require a key to install or access it. If it does, you are responsible for the use of keys assigned to you. You should not share the keys with third parties.

May I make a backup copy? Yes, you may make a single copy of the software for backup purposes, and use that backup copy as described below.

What about updating the software? If the software covered by this agreement is an update to your existing operating system software, the update replaces the original software. You do not retain any rights to the original software after it has been updated and you may not continue to use it or transfer it in any way. This agreement governs your rights to use the update software and replaces the agreement for the software from which it was updated. After the update is complete, some apps may not migrate or may be incompatible with Windows Embedded 8.1 Industry Pro and additional software may be required to play back or record certain types of media, including DVDs.

How does Internet activation work? The first time you connect to the Internet while using the software, the software will automatically contact Microsoft or its affiliate to confirm the software is genuine, and the license is associated with the licensed device. This process is called “activation.” Because activation is meant to identify unauthorized changes to the licensing or activation functions of the software, and to otherwise prevent unlicensed use of the software, you may not bypass or circumvent activation.

Does the software collect my personal information? If you connect your device to the Internet, some features of the software may connect to Microsoft or service provider computer systems to send or receive information, including personal information. You may not always receive a separate notice when they connect. If you choose to use any of these features, you agree to send or receive this information when using that feature. Many of these features can be switched off or you can choose not to use them.

How do we use your information? Microsoft uses the information it collects through the software features to upgrade or fix the software and otherwise improve our products and services. In certain circumstances, Microsoft also shares it with others. For example, Microsoft shares error reports with relevant hardware and software vendors, so that they can use the information to improve how their products run with Microsoft products. You agree that Microsoft may collect, use and disclose the information as described in the Privacy Statements at go.microsoft.com/fwlink/?LinkId=301572.

What does this agreement apply to? This agreement applies to the software, the media on which you received the software, if received on media, and any Microsoft updates, supplements, and services for the software, unless other terms come with them. If so, those terms apply.

Are there things I’m not allowed to do with the software? Yes. Because the software is licensed, not sold, and Microsoft reserves all rights (such as rights under intellectual property laws) not expressly granted in this agreement. In particular, this license does not give you any right to, and you may not: use the software for commercial software hosting services; use features of the software separately; publish, copy (other than the permitted backup copy), rent, lease or lend the software; transfer the software (except as permitted by this agreement); attempt to circumvent technical protection measures in the software, reverse engineer, decompile, or disassemble the software, except if the laws where you live permit this even when our agreement does not. In that case, you may do only what your law allows. When using Internet-based features or Microsoft Family Safety, you may not use those features in any way that could interfere with anyone else’s use of them, or to try to gain access to any service, data, account or network, in an unauthorized manner.

  1. License Rights
    1. You may install, use, access, display and run a single copy of the software on each device for development purposes only. The software may not be used by more than two processors at any one time on any single device.
    2. Storage/Network Use. You may also store or install one (1) copy of the software on a storage device, such as network server, used only to install or run the software on your other devices over an internal network; however, you must acquire and dedicate an additional license for each separate device on or from which the software is installed, used, accessed, displayed or run. Except as otherwise permitted by Remote Assistance features described below, a license for the software may not be shared or used concurrently on different devices.
    3. Multiple or Pooled Connections. Hardware or software you use to multiplex or pool connections, or reduce the number of devices that access or use the software, does not reduce the number of licenses you need. You may only use such hardware or software if you have a license for each copy of the software you are using.
    4. Device Connections. You may permit a maximum of twenty (20) computers or other electronic devices (each a “Device”) to connect via Server Message Bloc (SMB) to the device to utilize one or more of the following services of the software: file services, print services, Internet information services, Internet connection sharing and telephony services. The twenty connection maximum includes any indirect connections made through “multiplexing” or other software or hardware which pools or aggregates connections. Unlimited inbound connections are allowed via TCP/IP (Transmission Control Protocol (“TCP”) and the Internet Protocol (“IP”).
    5. Remote Access. The software contains Remote Desktop and Remote Assistance technologies that enable the software or applications installed on the licensed device to be accessed remotely from other devices.
      • Remote Desktop. The single primary user of the licensed device may access a session from any other device using Remote Desktop or similar technologies. A “session” means the experience of interacting with the software, directly or indirectly, through any combination of input, output and display peripherals. Other users, one at a time, may access the licensed software running on this host device, from any device using Remote Desktop, but only if the remote device is separately licensed to run Windows Embedded 8.1 Industry Pro.
      • Remote Assistance. You may use Remote Assistance or similar technologies to share an active session without obtaining any additional licenses for the software. Remote Assistance allows one user to directly connect to another user’s device, usually to correct problems.
    6. Multiple versions. The software includes multiple versions (such as 32-bit and 64-bit versions), and you may install only one of those versions at a time. Installing the 32-bit version of Windows Embedded 8.1 Industry Pro on this system requires a change to the BIOS settings to legacy BIOS mode. If you switch to the 64-bit version of Windows Embedded 8.1 Industry Pro from the 32-bit version of Windows Embedded 8.1 Industry Pro, then you should revert back to the original BIOS settings. If you do not revert back to these BIOS settings when switching back to the 64-bit version, the following Windows Embedded 8.1 Industry Pro functionalities will not work as they rely on UEFI mode boot:
      • Secure Boot,
      • Seamless Boot experience,
      • Network unlock for Bitlocker for computer with a Trusted Platform Module (TPM) and
      • eDrive support.
      Reverting back to UEFI mode will require a hard drive reformat. All data and personal settings will be lost. It is highly recommended that you back up your data before you revert back to UEFI mode.
    7. No Commercial Distribution. This agreement does not grant you the right to reproduce and commercially distribute the software that you installed on your devices. If you wish to commercially distribute the software with your devices you must first execute and comply with the terms and conditions of a royalty-bearing license from Microsoft or the Microsoft affiliate serving your country. For more information, please go to microsoft.com/windowsembedded or contact your Microsoft Account Manager or Distributor, as applicable.
  2. BINDING ARBITRATION AND CLASS ACTION WAIVER
    1. Application. If you live in the United States, this Section 1 applies to any dispute EXCEPT IT DOES NOT INCLUDE A DISPUTE RELATING TO THE ENFORCEMENT OR VALIDITY OF YOUR, MICROSOFT’S, OR EITHER OF OUR LICENSORS’ INTELLECTUAL PROPERTY RIGHTS. Dispute means any dispute, action, or other controversy between you and Microsoft concerning the software (including its price) or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.
    2. Notice of dispute. In the event of a dispute, you or Microsoft must give the other a Notice of Dispute, which is a written statement of the name, address and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute by U.S. Mail to Microsoft Corporation, ATTN: LCA ARBITRATION, One Microsoft Way, Redmond, WA 98052-6399. A form is available at go.microsoft.com/fwlink/?linkid=245499. Microsoft will send any Notice of Dispute to you by U.S. Mail to your address if we have it, or otherwise to your e-mail address. You and Microsoft will attempt to resolve any dispute through informal negotiation within 60 days from the date the Notice of Dispute is sent. After 60 days, you or Microsoft may commence arbitration.
    3. Small claims court. You may also litigate any dispute in small claims court in your county of residence or King County, Washington, if the dispute meets all requirements to be heard in the small claims court. You may litigate in small claims court whether or not you negotiated informally first.
    4. Binding arbitration. If you and Microsoft do not resolve any dispute by informal negotiation or in small claims court, any other effort to resolve the dispute will be conducted exclusively by binding arbitration governed by the Federal Arbitration Act (“FAA”). You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
    5. Class action waiver. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor Microsoft will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
    6. Arbitration procedure, costs, fees and incentives. Any arbitration will be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules. If the value of the dispute is $75,000 USD or less, its Supplementary Procedures for Consumer-Related Disputes will also apply. For more information, see adr.org or call 1-800-778-7879. In a dispute involving $75,000 or less, Microsoft will promptly reimburse your filing fees and pay the AAA’s and arbitrator’s fees. You and Microsoft agree to the terms governing procedures, fees and incentives at go.microsoft.com/fwlink/?linkid=282637. To commence arbitration, submit the form available at go.microsoft.com/fwlink/?linkid=245497 to the AAA. You agree to commence arbitration only in your county of residence or in King County, Washington. Microsoft agrees to commence arbitration only in your county of residence.
    7. Claims or disputes must be filed within one year. To the extent permitted by law, any claim or dispute to which Section 2 applies must be filed within one year in small claims court (Section 2.c) or in arbitration (Section 2.d). The one-year period begins when the claim or dispute first could be filed. If such a claim or dispute is not filed within one year, it is permanently barred.
    8. Severability. If the class action waiver in Section 2.e is found to be illegal or unenforceable as to all or some parts of a dispute, then Section 2 (Arbitration) will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of Section 2 is found to be illegal or unenforceable, that provision will be severed with the remainder of Section 2 remaining in full force and effect.
  3. CHOICE OF LAW
    The laws of the state or country where you live govern all claims and disputes concerning the software (including its price) or this agreement, including breach of contract claims and claims under state consumer protection laws, unfair competition laws, implied warranty laws, for unjust enrichment, and in tort, except that the FAA governs all provisions relating to arbitration. If you acquired the software in any other country, the laws of that country apply. This agreement describes certain legal rights. You may have other rights, including consumer rights, under the laws of your state or country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change those other rights if the laws of your state or country do not permit it to do so.
  4. ACTIVATION
    1. More on how activation works. The software will notify you whether the installed copy of the software is properly licensed. During activation, the software will send information about the software and your device to Microsoft. This information includes the version, language, and product key of the software, the Internet protocol address of the device, and information derived from the hardware configuration of the device. For more information about activation, see go.microsoft.com/fwlink/?LinkId=301572. If the licensed device is connected to the Internet, the software will automatically connect to Microsoft for activation. You can also activate the software manually by Internet or telephone. In either case, Internet and telephone service charges may apply.
    2. Re-activation. Some changes to your device components or the software may require re-activation of the software.
    3. Activation failure. During online activation, if the licensing or activation functions of the software are found to be counterfeit, improperly licensed, or include unauthorized changes, activation will fail and the software will attempt to repair itself by replacing any tampered Microsoft software with genuine Microsoft software. The software will notify you if the installed copy of the software is improperly licensed or includes unauthorized changes. In addition, you may receive reminders to obtain a properly licensed copy of the software. You may not be able to obtain certain updates or upgrades from Microsoft if your copy of the software is found to be improperly licensed.
  5. INTERNET-BASED FEATURES; PRIVACY
    Some software features use Internet protocols, which send to Microsoft (or its suppliers or service providers) device information, such as your Internet protocol address, the type of operating system, browser and name and version of the software you are using, the language code of the device where you installed the software, and other information described below, in the Windows Embedded 8.1 Industry Privacy Statement at go.microsoft.com/fwlink/?LinkId=301572, or in the Windows Embedded user interface. Microsoft uses this information to make the Internet-based features available to you, in accordance with the Windows Embedded 8.1 Industry Privacy Statement at go.microsoft.com/fwlink/?LinkId=301572 and information that may be presented to you in the Windows Embedded user interface. Some Internet-based features may be delivered and updated at a later date --if, for example, you acquire an application that relies on one of those services, or to help make the software safer or more reliable. Internet features include, but are not limited to, the features described below, in the Windows Embedded 8.1 Industry Privacy Statement at go.microsoft.com/fwlink/?LinkId=301572 and the Windows Embedded user interface.
    1. Accelerators. When you click on or move your mouse over an Accelerator in Internet Explorer, any of the following may be sent to the applicable service provider (which may not be Microsoft): the title and full web address or URL of the current webpage, standard device information, and any content you have selected. For more information, see go.microsoft.com/fwlink/?linkid=280121.
    2. Cookies. If you choose to use online features in the software, such as online Help and Support, cookies may be set. To learn how to block, control and delete cookies, please read the cookies section of the Privacy Statement at go.microsoft.com/fwlink/?linkid=74170.
    3. Digital Certificates. The software uses digital certificates to confirm the identity of Internet users sending X.509 standard encrypted information, to digitally sign files and macros, and to verify the integrity and origin of the file contents. The software may retrieve and update certificates and certificate revocation lists, and the list of trusted certification authorities, over the Internet.
    4. Feedback Features. The Customer Experience Improvement Program automatically sends to Microsoft anonymous information about your hardware and how you use this software. The Help Experience Improvement Program (HEIP) automatically sends to Microsoft information about the version of Windows that your device is running and about how you use Windows Help and Support, including queries you enter when you search Windows Help and Support and any ratings or feedback on the Help topics presented to you. Windows Error Reporting automatically sends reports to Microsoft that describes which software components had errors. These reports may include memory dumps. From time-to-time, we will also download a small file to your device that permits us to collect information about specific errors you have while using the software. The data collected by these features helps us improve our software.
    5. IPv6 Network Address Translation (NAT) Traversal service (Teredo). Each time you start your licensed device, Teredo will attempt to locate a public Internet Protocol version 6 (IPv6) service on the Internet. This occurs automatically when your licensed device is connected to a public or private network, but does not occur on managed networks such as enterprise domains. If you use a program that requires Teredo to use IPv6 connectivity, or if you configure your firewall to always enable IPv6 connectivity, then Teredo will periodically contact the Microsoft Teredo service over the Internet. The only information sent to Microsoft is standard computer information and the name of the service requested (for example teredo.ipv6.microsoft.com). The information sent from your device by Teredo is used to determine if your device is connected to the Internet and if it can locate a public IPv6 service. Once the service is located, information is sent to maintain a connection with the IPv6 service.
    6. Malicious Software Removal. The software may periodically scan for and remove malware from your device, using the malicious software removal tool most recently downloaded to your device. After the scan completes and at regular intervals, a report will be sent to Microsoft with specific information about malware detected, errors, and other information about your device. This information is used to help protect your device from malicious software, as well as to improve the software and other Microsoft products. You may disable the software’s reporting functionality by following the instructions found at go.microsoft.com/fwlink/?linkid=241725.
    7. Network Awareness. This feature determines whether a system is connected to a network by either passive monitoring of network traffic or active DNS or HTTP queries. The query only transfers standard TCP/IP or DNS information for routing purposes. You can switch off the active query feature through a registry setting.
    8. Plug and Play and Plug and Play Extensions. Your device may not have the drivers needed to communicate with hardware that you connect to your device. If so, the update feature of the software can obtain and install the correct driver on your device. An administrator can disable this update feature.
    9. Search Provider Update. The software will download an update to the data on your device about search providers. This update upgrades your providers with the latest features, such as new icons or search suggestions. This is a one-time update, but the software will try to perform the update several times if it does not successfully download the update. For more information, see go.microsoft.com/fwlink/?linkid=280121.
    10. SmartScreen Filter. If enabled, the SmartScreen Filter will check the addresses of webpages and downloads you attempt to view against a frequently updated list of webpages and downloads that have been reported to Microsoft as unsafe or suspicious. SmartScreen will also check downloaded programs that you attempt to run against a list of commonly downloaded or run programs to help you make more informed trust decisions. More information can be found by visiting the Internet Explorer Privacy Statement go.microsoft.com/fwlink/?linkid=280121. By enabling SmartScreen in either Windows or Internet Explorer, you consent to this feature, and you agree to use the SmartScreen Filter only in conjunction with Windows or Internet Explorer. You may not, either manually or by enabling or authorizing any software or service, copy, display, distribute, collect or store any data provided by the SmartScreen Filter.
    11. Windows Defender. If turned on, Windows Defender will search your device for many types of malicious software (“malware”), including viruses, worms, bots, rootkits, “spyware”, “adware” and other potentially unwanted software. If you choose the “recommended” security settings when you first start using the software, such malware and other potentially unwanted software rated “high” or “severe” will automatically be removed. This removal may result in other software on your device ceasing to work or your breaching a license to use that software. It is possible that software that is not unwanted may be removed or disabled. If you use Windows Defender and Windows Update, Windows Defender is regularly updated through Windows Update.
    12. Windows Digital Rights Management technology. Some content owners use Windows digital rights management technology (DRM) to protect their copyrights and other intellectual property, including by disabling the software’s ability to play protected content if Windows DRM fails. You agree that Microsoft may include a revocation list with the licenses.
    13. Windows Media Player. When you use Windows Media Player it checks with Microsoft for compatible online music services in your region and new versions of the player. You may only use Windows Media Player as described at go.microsoft.com/fwlink/?linkid=104605.
    14. Windows Update. If you use the Windows Update service in the software, updates or downloads to the Windows Update service will be required for proper functioning of the service, from time to time, and will be downloaded and installed without further notice to you.
    15. Windows Store. In addition to the terms of this agreement for Internet-based features, you may only use the Windows Store under the terms available at go.microsoft.com/fwlink/?linkid=246694. Those terms also contain information about Windows Notification Service. Windows apps or any preinstalled apps in your Start may use Windows Notification Service. You agree that we may send you notifications as described in the Windows 8.1 Privacy Statement and Windows Store terms of service. If you execute a license agreement for commercial distribution of the software, additional restrictions for Windows Store usage may apply. Please see your licensing agreement for additional terms.
  6. Updates and Upgrades
    You may only obtain updates or upgrades for the software from Microsoft or authorized sources. Certain upgrades, support, and other services may be offered only to users of genuine Microsoft software. For more information about Genuine Windows, see go.microsoft.com/fwlink/?linkid=104612. To identify genuine Microsoft software, see howtotell.com.
  7. FONTS, ICONS, IMAGES, AND SOUNDS
    1. Font components. While the software is running, you may use its fonts to display and print content. You may temporarily download the fonts to a printer or other output device to print content, and you may embed fonts in content only as permitted by the embedding restrictions in the fonts.
    2. Icons, images, and sounds. While the software is running, you may access and use its icons, images, sounds, and media only from the licensed device. You may not share the sample images, sounds and media provided with the software or use them for any other purpose.
  8. .NET FRAMEWORK
    The software includes one or more components of the .NET Framework, which you may use only as described at go.microsoft.com/fwlink/?linkid=66406, if you use the .NET Framework components to conduct internal benchmark testing.
  9. H.264/AVC AND MPEG-4 VISUAL STANDARDS AND VC-1 AND MPEG-2 VIDEO STANDARDS
    THIS PRODUCT IS LICENSED UNDER THE AVC, THE VC-1, AND THE MPEG-4 PART 2 VISUAL PATENT PORTFOLIO LICENSES FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE ABOVE STANDARDS (“VIDEO STANDARDS”) AND/OR (ii) DECODE AVC, VC-1, AND MPEG-4 PART 2 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE SUCH VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C SEE WWW.MPEGLA.COM.
  10. ADOBE FLASH PLAYER
    The software may include a version of Adobe Flash Player. You agree that your use of the Adobe Flash Player is governed by the license terms for Adobe Systems Incorporated at go.microsoft.com/fwlink/?linkid=248532. Adobe and Flash are either registered trademarks or trademarks of Adobe Systems Incorporated in the United States and/or other countries.
  11. THIRD PARTY PROGRAMS
    This software contains certain third party programs. You agree that your use of them is governed by the license terms provided with those programs.
  12. SUPPORT SERVICES
    Microsoft provides support services for the software as described at support.microsoft.com/common/international.aspx.
  13. DISCLAIMER OF WARRANTY
    The software is licensed “as-is.” You bear the risk of using it. Microsoft gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this agreement cannot change. To the extent permitted under your local laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement. For Australia only: You may have statutory guarantees under the Australian Consumer Law and nothing in these terms is intended to affect those rights.
  14. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES
    You can recover from Microsoft and its suppliers only direct damages up to the amount you paid for the software. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
    This limitation applies to:
    • anything related to the software, services, content (including code) on third-party Internet sites, or third-party programs; and
    • claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
    It also applies even if:
    • repair, replacement or a refund for the software does not fully compensate you for any losses; or
    • Microsoft knew or should have known about the possibility of the damages.
    Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. They also may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
  15. EXPORT RESTRICTIONS
    You must also comply with all domestic and international export laws and regulations that apply to the software, which include restrictions on destinations, end users, and end use. For further information, visit microsoft.com/exporting.
  16. ENTIRE AGREEMENT
    This agreement (together with terms accompanying any software supplements, updates, and services that are provided by Microsoft and that you use), and the terms contained in web links listed in this agreement are the entire agreement for the software and any such supplements, updates, and services (unless Microsoft provides other terms with such supplements, updates, or services). You can review the terms at any of the links in this agreement after your software is running by typing the URLs into your browser address bar, and you agree to do so. You agree, that for each service or included app, if any, that is governed by this agreement and also specific terms linked in this agreement, you will read the terms for that service before using the service. You understand that by using the service, you ratify this agreement and the linked terms. There are also informational links in this agreement. The links containing terms that bind you and us are:
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