(c)The covenant not to sue described above shall be unavailable to you and shall terminateimmediately if you or any of your Affiliates (collectively
) “Initiates” any action forpatent infringement against: (x) Microsoft or any of its Affiliates (collectively
), (y)any customers or distributors of the Granting Party, or other recipients of a covenant not to sue withrespect to the Specification from the Granting Party (
); or (z) any customers ordistributors of Covenantees (all parties identified in (y) and (z) collectively referred to as
), which action is based on a conformant implementation of the Specification. As usedherein,
means any entity which directly or indirectly controls, is controlled by, or is undercommon control with a party; and control shall mean the power, whether direct or indirect, to direct orcause the direct of the management or policies of any entity whether through the ownership of votingsecurities, by contract or otherwise.
means that a Covenantee Party is the first (as betweenthe Granting Party and the Covenantee Party) to file or institute any legal or administrative claim oraction for patent infringement against the Granting Party or any of the Customers. “Initiates” includesany situation in which a Covenantee Party files or initiates a legal or administrative claim or action forpatent infringement solely as a counterclaim or equivalent in response to a Granting Party first filing orinstituting a legal or administrative patent infringement claim against such Covenantee Party.(d)The covenant not to sue described above shall not extend to your use of any portion of the Specification forany purpose other than (a) to create portions of an operating system (i) only as necessary to adapt suchoperating system so that it can directly interact with a firmware implementation of the ExtensibleFirmware Initiative Specification v. 1.0 (
); (ii) only as necessary to emulate animplementation of the EFI Specification; and (b) to create firmware, applications, utilities and/or driversthat will be used and/or licensed for only the following purposes: (i) to install, repair and maintainhardware, firmware and portions of operating system software which are utilized in the boot process;(ii) to provide to an operating system runtime services that are specified in the EFI Specification; (iii) todiagnose and correct failures in the hardware, firmware or operating system software; (iv) to query foridentification of a computer system (whether by serial numbers, asset tags, user or otherwise); (v) toperform inventory of a computer system; and (vi) to manufacture, install and setup any hardware,firmware or operating system software.(e)Microsoft reserves all other rights it may have in the Specification and any intellectual propertytherein. The furnishing of this document does not give you any covenant not to sue with respect to anyother Microsoft patents, trademarks, copyrights or other intellectual property rights; or any license withrespect to any Microsoft intellectual property rights. Specifically, neither this document nor theSpecification give you any license or covenant not to sue with respect to any Microsoft linker technologyor any intellectual property therein which may be referenced in the Specification.
ADDITIONAL LIMITATIONS AND OBLIGATIONS
.(a)The foregoing covenant not to sue is applicable only to the version of the Specification which you areabout to download. It does not apply to any additional versions of or extensions to the Specification.(b)Without prejudice to any other rights, Microsoft may terminate this Agreement if you fail to complywith the terms and conditions of this Agreement. In such event you must destroy all copies of theSpecification.3.
INTELLECTUAL PROPERTY RIGHTS
. All ownership, title and intellectual property rights in and to theSpecification are owned by Microsoft or its suppliers.4.
U.S. GOVERNMENT RIGHTS
. Any Specification provided to the U.S. Government pursuant to solicitationsissued on or after December 1, 1995 is provided with the commercial rights and restrictions describedelsewhere herein. Any Specification provided to the U.S. Government pursuant to solicitations issued prior toDecember 1, 1995 is provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.