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THIS SUPPLEMENTAL END USER LICENSE AGREEMENT ("SUPPLEMENTAL EULA") GOVERNS YOUR

RIGHTS TO THE VNE SHAPES ACCOMPANYING THIS SUPPLEMENTAL EULA (THE "VNE SHAPES"). BY
INSTALLING, COPYING, OR OTHERWISE USING THE VNE SHAPES, YOU AGREE TO BE BOUND BY
THE TERMS OF THIS SUPPLEMENTAL EULA. CAPITALIZED TERMS USED IN THIS SUPPLEMENTAL
EULA AND NOT OTHERWISE DEFINED HEREIN SHALL HAVE THE MEANINGS ASSIGNED TO THEM IN
THE APPLICABLE EULA. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT
INSTALL, COPY OR USE THE VNE SHAPES. IF YOU DO NOT HAVE A VALID LICENSE FOR
MICROSOFT VISIO STANDARD 2000, MICROSOFT VISIO PROFESSIONAL 2002, OR MICROSOFT
VISIO ENTERPRISE NETWORK TOOLS (EACH, A "SOFTWARE PRODUCT"), YOU ARE NOT AUTHORIZED
TO INSTALL, COPY OR OTHERWISE USE THE VNE SHAPES ACCOMPANYING THIS SUPPLEMENTAL
EULA. THE VNE SHAPES MAY ONLY BE USED TOGETHER WITH A VALIDLY LICENSED SOFTWARE
PRODUCT.

GENERAL
MICROSOFT CORPORATION ("MICROSOFT") GRANTS YOU A NON-TRANSFERABLE, NON-
SUBLICENSABLE, LICENSE TO USE THE VNE SHAPES FOR YOUR PERSONAL OR INTERNAL BUSINESS
USE UNDER THE TERMS AND CONDITIONS OF THE EULA FOR THE APPLICABLE SOFTWARE PRODUCT
(WHICH ARE HEREBY INCORPORATED BY REFERENCE) AND THE TERMS AND CONDITIONS OF THIS
SUPPLEMENTAL EULA. THIS LICENSE GRANT DOES NOT GIVE YOU THE RIGHT TO SELL,
DISTRIBUTE, OR COMMERCIALLY EXPLOIT THE VNE SHAPES, HOWEVER, YOU MAY USE THE VNE
SHAPES AS A TOOL IN THE DAY-TO-DAY ACTIVITIES IN THE INTERNAL RUNNING OF YOUR
ORGANIZATION, INCLUDING USING THE VNE SHAPES IN DEMONSTRATION AND MARKETING
ACTIVITIES AS PERMITTED UNDER THE TERMS OF THE EULA FOR THE APPLICABLE VISIO
SOFTWARE PRODUCT. TO THE EXTENT THAT ANY TERMS IN THIS SUPPLEMENTAL EULA CONFLICT
WITH ANY TERMS IN THE APPLICABLE SOFTWARE PRODUCT EULA, THE TERMS OF THIS
SUPPLEMENTAL EULA CONTROL SOLELY WITH RESPECT TO THE VNE SHAPES. THIS SUPPLEMENTAL
EULA DOES NOT EXTEND THE TIME PERIOD FOR WHICH A LIMITED WARRANTY SET FORTH IN THE
EULA MAY BE PROVIDED.

DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT AND ITS SUPPLIERS
PROVIDE THE VNE SHAPES 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, DUTIES OR CONDITIONS OF
MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR ACCURACY OR COMPLETENESS
OR RESPONSES, OR RESULTS, OR WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF
NEGLIGENCE, ALL WITH REGARD TO THE VNE SHAPES, AND THE PROVISION OF OR FAILURE TO
PROVIDE SUPPORT SERVICES. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET
ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH
REGARD TO THE VNE SHAPES.

EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES


TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT OR
ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL
DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR
CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY,
FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF
REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS
WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE
THE VNE SHAPES, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR
OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS SUPPLEMENTAL EULA, EVEN
IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BRACH OF
CONTRACT OR BREACH OF WARRANTY OF MICROSOFT OR ANY SUPPLIER, AND EVEN IF MICROSOFT
OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LIMITATION OF LIABILITY AND REMEDIES


NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR
GENERAL DAMAGES), THE ENTIRE LIABILITY OF MICROSOFT AND ANY OF ITS SUPPLIERS UNDER
ANY PROVISION OF THIS SUPPLEMENTAL EULA AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE
FOREGOING (EXCEPT FOR ANY REMEDY OF REPAIR OF REPLACEMENT ELECTED BY MICROSOFT WITH
RESPECT TO ANY BREACH OF THE LIMITED WARRANTY) SHALL BE LIMITED TO U.S. $5.00. THE
FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

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