1. LICENSE GRANTS. To test compatibility of computer systems as well as peripheral devices (collectively "Hardware") with the Windows operating system, manufacturers will need to utilize the Hardware Compatibility Test Suites ("HCT Suites") in conjunction with the preliminary Windows software ("MS Code"). The HCT Suites and MS Code are collectively referred to herein as SOFTWARE. Microsoft Corporation ("Microsoft") grants to you the following non-exclusive, non-assignable, royalty-free rights with respect to the SOFTWARE:

(a) to use the MS Code on a maximum of three (3) systems solely for your internal use and evaluation;

(b) to use the HCT Suites in conjunction with the MS Code in order to test the Hardware's compatibility with the MS Code;

(c) The SOFTWARE shall not be used, modified, reproduced or distributed except as provided above and you agree to destroy or erase all copies of the SOFTWARE upon Microsoft's release of the SOFTWARE in final form. Except as provided herein, Microsoft does not grant any express or implied right to you to or under Microsoft patents, copyrights, trademarks, or trade secret information.

(d) Microsoft cannot guarantee the results achieved using the HCT Suites. Microsoft makes no commitments that Hardware judged to "pass" the HCT Suites will work, or that Hardware that "fails" the HCT Suites will not work with the final commercial version of Windows. You acknowledge that MS will not be obligated to make any of the SOFTWARE included in this package available as a final commercial product.

2. COPYRIGHT. The SOFTWARE is owned by Microsoft or its suppliers and is protected by United States copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material and you may not reproduce the SOFTWARE except as otherwise provided herein. You may not copy the written materials accompanying the SOFTWARE.

3. OTHER RESTRICTIONS. You may not rent or lease the SOFTWARE, or otherwise transfer the SOFTWARE and accompanying written materials.

4. NO WARRANTIES. Because the SOFTWARE is preliminary code and may be changed substantially before first commercial shipment, the SOFTWARE and accompanying written materials are provided "as is", without warranty of any kind. To the maximum extent permitted by applicable law, Microsoft disclaims all warranties, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. The entire risk arising out of the use or performance of the SOFTWARE and any accompanying written materials remains with you.

5. 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 profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use of or inability to use the SOFTWARE, 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.

6. MISCELLANEOUS. If you acquired this product in the United States, this Agreement is governed by the laws of the State of Washington. If you acquired this product outside the United States, local law may apply. If either party employs attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing party shall be entitled to recover reasonable attorneys fees, costs and expenses.

7. YOU AGREE TO COMPLY WITH MICROSOFT TRADEMARK USAGE GUIDELINES AS MAY BE PRESCRIBED FROM TIME TO TIME WITH ANY PRODUCT DEVELOPED USING MS CODE.

8. U.S. GOVERNMENT RESTRICTED RIGHTS. Any SOFTWARE and documentation provided under this Agreement is 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.