Common use of Microsoft Office Clause in Contracts

Microsoft Office. a. Your use of Microsoft Office is subject to the Microsoft License Terms for Products, set forth in Exhibit A to this License Agreement. The following terms also apply to Your use of the Microsoft Office product(s). b. You hereby agree to Symantec providing information about You and Your purchase of the Licensed Software to Microsoft Corporation and its affiliates (“Microsoft”) as required to enable Symantec to fulfill its reporting and payment obligations to Microsoft for the distribution of the Microsoft Office product. c. The Microsoft Office product is not fault-tolerant and not guaranteed to be error free or to operate uninterrupted. The Microsoft Office product may not be used in any application or situation where the Microsoft Office Product failure could lead to death or serious bodily injury of any person, or to severe physical or environmental damage (“High Risk Use”). Examples of High Risk Use include, but are not limited to: aircraft or other modes of human mass transportation, nuclear or chemical facilities, life support systems, implantable medical equipment, motor vehicles or weaponry systems. High Risk Use does not include utilization of Microsoft Office products for administrative purposes, to store configuration data, engineering and/or configuration tools, or other non-control applications, the failure of which would not result in death, personal injury or severe physical or environmental damage. These non-controlling applications may communicate with the applications that perform the control, but must not be directly or indirectly responsible for the control function. You agree to indemnify and hold harmless Microsoft from any third-party claim arising out of Your use of the Microsoft Office product in connection with any High Risk Use. d. THE MICROSOFT OFFICE PRODUCT IS PROVIDED TO YOU "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. e. IN NO EVENT WILL MICROSOFT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING OUT OF YOUR USE OR INSTALLATION OF THE MICROSOFT OFFICE PRODUCT, EVEN IF MICROSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MICROSOFT’S LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100). f. In the event of a conflict between the terms of this License Agreement and the Microsoft License Terms, the Microsoft License Terms will control with respect to Your use of the Microsoft Office product.

Microsoft Office. a. Your use of Microsoft Office is subject to the Microsoft License Terms for Products, set forth in Exhibit A to this License Agreement. The following terms also apply to Your use of the Microsoft Office product(s)▇▇▇▇. b. You hereby agree to Symantec providing information about You and Your your purchase of the Licensed Software to Microsoft Corporation and its affiliates (“Microsoft”) as required to enable Symantec to fulfill its reporting and payment obligations to Microsoft for the distribution of the Microsoft Office productsoftware. c. The Microsoft Office product is not fault-tolerant and not guaranteed guarantteed to be error free or to operate uninterrupted. The Microsoft Office product may not be used in any application appliation or situation where the Microsoft Office Product failure could lead to death or serious bodily injury of any person, or to severe physical or environmental damage (“High Risk Use”). Examples of High Risk Use include, but are not no limited to: aircraft or other modes of human mass transportationtransporation, nuclear or chemical facilities, life support systems, implantable medical equipment, motor vehicles or weaponry systems. High Risk Use does not include utilization of Microsoft Office products for administrative purposes, to store configuration data, engineering and/or configuration tools, or other non-control applications, the failure of which would not result in death, personal injury or severe physical or environmental damage. These non-controlling applications may communicate with the applications that perform the control, but must not be directly or indirectly responsible for the control function. You agree to indemnify and hold harmless Microsoft from any third-party claim arising out of Your use of the Microsoft Office product in connection with any High Risk Use. d. THE MICROSOFT OFFICE PRODUCT SOFTWARE IS PROVIDED TO YOU "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. e. IN NO EVENT WILL MICROSOFT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING OUT OF YOUR USE OR INSTALLATION OF THE MICROSOFT OFFICE PRODUCTSOFTWARE, EVEN IF MICROSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MICROSOFT’S LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100). f. In the event of a conflict between the terms of this License Agreement and the Microsoft License Terms, the Microsoft License Terms will control with respect to Your use of Microsoft Office. 1. Microsoft® Office Multi Language Pack 2010 1 Edition2 2. Licenses: 3 These license terms are an agreement between the licensor of the software application or suite of applications with which you acquired the Microsoft Office productsoftware (“Licensor”) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. Printed-paper license terms, which may come with the software, may replace or modify an on-screen license terms. These terms also apply to any Microsoft • updates, • supplements, and • Internet-based services for this software, unless other terms accompany those items. If so, those terms apply. Microsoft Corporation or one of its affiliates (collectively, “Microsoft”) has licensed the software to Licensor.