Microsoft SideWinder Game Controller Software 3.0

END USER LICENSE AGREEMENT FOR MICROSOFT SOFTWARE

IMPORTANT—READ CAREFULLY: Be sure to carefully read and understand all of the rights and restrictions described in this Microsoft End-User License Agreement ("EULA"). You will be asked to review and either accept or not accept the terms of the EULA. This software will not install on your computer unless or until you accept the terms of this EULA.

Your click of the "accept" button is a symbol of your signature that you accept the terms of the EULA.

For your reference, you may print the text of the EULA from this page now, or refer to the copy of this EULA that can be found in the Help file of this SOFTWARE. You may also receive a copy of this EULA by contacting the Microsoft subsidiary serving your country, or write: Microsoft Sales Information Center/One Microsoft Way/Redmond, WA 98052-6399.

This EULA is a legal agreement between you (either an individual or a single entity) and Microsoft Corporation for the Microsoft software accompanying this EULA, which includes the accompanying computer software, and may include associated media, printed materials and any "online" or electronic documentation ("SOFTWARE"). By installing the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not install or use the SOFTWARE.

Software PRODUCT LICENSE

The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.

1. GRANT OF LICENSE. This EULA grants you the following rights:

· Software. You may install and use one copy of the SOFTWARE on a single computer in conjunction with use of a Microsoft SideWinder Game Device.

· Storage/Network Use. You may also store or install a copy of the SOFTWARE on a storage device, such as a network server, used only to install or run the SOFTWARE on your other computers over an internal network; however, you must acquire and dedicate a license for each separate computer on which the SOFTWARE is installed or run from the storage device, and each such computer must use a Microsoft SideWinder Game Device in conjunction with the SOFTWARE. A license for the SOFTWARE may not be shared or used concurrently on different computers.

 

2. RESTRICTIONS.

• You must maintain all copyright notices on all copies of the SOFTWARE.
• Limitations of Reverse Engineering, Decompilation and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE, 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 or lend the SOFTWARE.
• Software Transfer. You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the SOFTWARE (including all component parts, the media and printed materials, any upgrades, this EULA and, if applicable, the Certificate of Authenticity) along with the applicable SideWinder Game Device, and the recipient agrees to the terms of this EULA. If the SOFTWARE portion is an upgrade, any transfer must include all prior versions of the SOFTWARE.
• Support Services. Microsoft may provide you with support services related to the SOFTWARE ("Support Services") Use of Support Services is governed by the Microsoft policies and programs described in the user manual, in "online" documentation,, and/or other Microsoft-provided materials. Any supplemental software code provided to you as a part of Support Services shall be considered part of the SOFWARE and subject to the terms of this EULA. With respect to technical information you provide to Microsoft as part of the Support Services, Microsoft may use such information for its business purposes, including for product support and development. Microsoft will not utilize such technical information in a form that personally identifies you.

 

3. 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 and all of its component parts.

 

4. COPYRIGHT. All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text and "applets," incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are owned by Microsoft or its suppliers.

 

5. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE 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.

 

6. DISCLAIMER OF WARRANTIES. MICROSOFT AND ITS SUPPLIERS PROVIDE THE SOFTWARE "AS IS" AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, OF QUIET ENJOYMENT, OR OF NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE IS WITH YOU.

 

7. EXCLUSION OF ALL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY INJURY TO PERSON OR PROPERTY, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, FOR LOSS OF PRIVACY FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF MICROSOFT OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES SHALL BE EFFECTIVE EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

 

8. LIMITATION AND RELEASE OF LIABILITY. The SOFTWARE was provided to you at no charge and Microsoft has included in this EULA terms that disclaim all warranties and liability for the SOFTWARE. To the full extent allowed by law, YOU HEREBY RELEASE MICROSOFT AND ITS SUPPLIERS FROM ANY AND ALL LIABILITY ARISING FROM OR RELATED TO ALL CLAIMS CONCERNING THE SOFTWARE OR ITS USE. If you do not wish to accept the SOFTWARE under the terms of this EULA, do not install the SOFTWARE. No refund will be made because the SOFTWARE was provided to you at no charge.

 

9. GOVERNING LAW. If you acquired the SOFTWARE in the United States of America, the laws of the State of Washington, U.S.A will apply to this contract. If you acquired this SOFTWARE outside of the United States of America, then local law may apply.

 

10. QUESTIONS. Should you have any questions, or if you desire to contact Microsoft for any reason, please contact the Microsoft subsidiary serving your country, or write: Microsoft Sales Information Center/One Microsoft Way/Redmond, WA 98052-6399.

______________________________________________________________________________________