IBM eServer 150 xSeries Installation Manual Download

Page: 66 / 76

IBM® xSeries 150: Installation Guide

7. CONSENT TO USE OF DATA.You agree that Manufacturer, MS and/or

Microsoft Corporation (and/or their subsidiaries, affiliates, and agents) may
collect and use technical information you provide as a part of support services
related to the Product. Manufacturer, MS and/or Microsoft Corporation (and/or
their subsidiaries, affiliates, and agents) agree not to use this information in a
form that personally identifies you.

8. NOT FOR RESALE SOFTWARE. Product identified as "Not for Resale" or "NFR,"

may not be resold, transferred or used for any purpose other than demonstration,
test or evaluation.

9. BACK-UP COPY.If Manufacturer has not included a back-up copy of the Product

with the COMPUTER, you may make a single back-up copy of the Product. You
may use the back-up copy solely for archival purposes.

10. SINGLE COMPUTER SYSTEM.The Product is licensed with the COMPUTER as

a single integrated product. The Product may only be used with the COMPUTER,
except as expressly provided in this EULA.

11. LEASED HARDWARE.In the event that you receive the COMPUTER under the

terms of a lease from Manufacturer or Manufacturer’s third-party representative,
the following additional terms shall apply: (i) you may not transfer the Product to
another user as part of the transfer of the COMPUTER, whether or not transfer of
the Product with the COMPUTER is otherwise allowed in this EULA; (ii) your
rights with respect to any Product upgrades shall be as determined by the lease
you signed for the COMPUTER; and (iii) you may not use the Product after your
lease terminates, unless you purchase the COMPUTER from Manufacturer.

12. EXPORT RESTRICTIONS. You acknowledge that the Product is subject to U.S.

export jurisdiction. You agree to comply with all applicable international and
national laws that apply to the Product, including the U.S. Export Administration
Regulations, as well as end-user, end-use and country destination restrictions
issued by U.S. and other governments. For additional information on exporting
the Product, see http://www.microsoft.com/exporting/.

13. PRODUCT SUPPORT.Product support for the Product is not provided by MS,

Microsoft Corporation or their affiliates or subsidiaries. For Product support,
please refer to Manufacturer’s support number provided in the documentation for
the Server.

14. NOTE ON JAVA SUPPORT. THE PRODUCT MAY CONTAIN SUPPORT FOR

PROGRAMS WRITTEN IN JAVA. JAVA TECHNOLOGY IS NOT FAULT
TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED
FOR USE OR RESALE AS ONLINE CONTROL EQUIPMENT IN HAZARDOUS
ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN
THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR
COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE
SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE
OF JAVA TECHNOLOGY COULD LEAD DIRECTLY TO DEATH, PERSONAL
INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. Sun
Microsystems, Inc. has contractually obligated Microsoft Corporation to make
this disclaimer.

15. Questions? Should you have any questions concerning this EULA, or if you

desire to contact Manufacturer for any other reason, please refer to the address
provided in the documentation for the COMPUTER.

FOR THE LIMITED WARRANTIES AND SPECIAL PROVISIONS PERTAINING
TO YOUR PARTICULAR JURISDICTION, PLEASE REFER TO THE
WARRANTIES INCLUDED BELOW OR PROVIDED WITH THE SOFTWARE
PRODUCT PRINTED MATERIALS.