This is a legal agreement ("Agreement") between you (either an individual or an entity), the end user ("Recipient"), and Microsoft

Corporation ("Microsoft"). BY INSTALLING, COPYING OR OTHERWISE USING THE PRODUCT (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL, COPY OR USE THE PRODUCT. MICROSOFT LICENSE AND NON-DISCLOSURE AGREEMENT FOR PRE-RELEASE CODE for the Microsoft Product code-named "Whistler" 1. GRANT OF LICENSE FOR DUAL DISTRIBUTION. (a) Microsoft may provide the software accompanying this Agreement (the "Product") as a web-based download or on a CD-ROM. Microsoft grants Recipient a limited, non-exclusive, nontransferable, non-assignable, royalty-free license to install and use copies of the Product on up to five (5) computers residing on Recipient's premises, solely for Recipient's internal testing. The foregoing five-computer limit is aggregate and applies regardless of how many copies of the Product Recipient obtains from Microsoft. If Recipient is downloading the Product from a Microsoft web site, Recipient may make one (1) additional copy of the Product onto a CD-ROM to exercise the rights granted above. All other rights are reserved to Microsoft. Recipient shall not rent, lease, sell, sublicense, assign, or otherwise transfer the Product or any accompanying printed materials ("Documentation"). Recipient may not reverse engineer or decompile the Product, except to the extent that local law expressly prohibits the foregoing restriction. Recipient may not use the Product in a live operating environment where it may be relied upon to perform in the same manner as a commercially released product or with data that has not been sufficiently backed up. Recipient may not use the Product for benchmark or performance testing. Microsoft and its suppliers shall retain title and all ownership rights to the Product, and this Agreement shall not be construed in any manner as transferring any rights of ownership or license to the Product or to the features or information therein, except as specifically stated herein. (b) At Microsoft's request, Recipient agrees to provide reasonable feedback to Microsoft, including but not limited to usability, bug reports and test results, with respect to the testing of the Product. In addition, if requested by Microsoft, Recipient will use reasonable efforts to review and comment on all documentation supplied. All bug reports, test results and other feedback made by Recipient shall be the property of Microsoft and may be used by Microsoft for any purpose it sees fit. Due to the nature of the development work, Microsoft is not certain if errors or discrepancies in the Product may be corrected. (c) Recipient's use of the Product shall take place solely at Recipient's site. Recipient may not demonstrate or show the Product to third parties without the express written permission of Microsoft.

Such limited Support Services may not be available in all countries outside the United States and will be discontinued once the Product is commercially released. Microsoft will not utilize such technical information in a form that personally identifies Recipient. installing or using the Product and shall continue unless terminated by Microsoft in writing at any time. The term of this Agreement shall commence upon Recipient's copying. shall promptly return to Microsoft. The Product. Microsoft may use such information for its business purposes. Recipient shall cease use of the Product and. 5.(d) Recipient's use of software applications installed on or accessed through the Product's IntelliMirror. or certify destruction of. With respect to technical information Recipient provides to Microsoft as part of the Support Services. all full or partial copies of the Product and related materials provided by Microsoft. Terminal Services. Upon the termination of this Agreement. 2. is proprietary and confidential information to Microsoft and its suppliers. MAINTENANCE. Microsoft is not obligated to provide technical or other support for the Product. upon request. Use of any such Support Services is governed by the Microsoft policies and programs described in "online" documentation. with or without cause. technical support. may be available. or application-sharing functionality may require additional licenses . SUPPORT. . CONFIDENTIALITY. including for product support and development. documentation. 4. Any supplemental software code provided to Recipient as part of the Support Services shall be considered part of the Product and subject to the terms and conditions of this Agreement. free of charge. Microsoft is not obligated to provide maintenance. limited technical support ("Support Services"). 3. Recipient agrees not to disclose or provide the Product. TERM OF AGREEMENT. However. a copy of the commercial release version of the Product in connection with Recipient's participation in the testing program. and/or in other Microsoft-provided materials. In no event shall Microsoft be obligated to provide Recipient. or any information relating to the Product (including features or the results of use or testing) to any third party except as expressly provided herein without Microsoft's express written permission. Microsoft is not obligated to make the Product commercially available. if noted in the materials provided to Recipient by Microsoft. or updates to Recipient for Product licensed under this Agreement. including its features. This Agreement will terminate without notice upon the commercial release of the Product.please consult the license agreement accompanying such software.

To the maximum extent permitted by applicable law. workmanlike effort and lack of negligence. DUTY OR CONDITION OF TITLE. EXCLUSION OF INCIDENTAL. fitness for a particular purpose. whether express. DISCLAIMER OF WARRANTIES. but not limited to. provided Recipient shall give Microsoft reasonable notice prior to such disclosure and shall comply with any applicable protective order or equivalent. This provision shall survive the termination or expiration of this Agreement. INCIDENTAL. AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT OR THE SUPPORT SERVICES. (3) is rightfully received from a third party without similar restriction and without breach of this Agreement. FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE). PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING. 6. accuracy or completeness of responses. INDIRECT. CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. duties or conditions of or related to: merchantability. QUIET ENJOYMENT. PERSONAL INJURY. Recipient may disclose confidential information in accordance with judicial or other governmental order. results. QUIET POSSESSION. Microsoft and its suppliers provide to Recipient the Product and Support Services AS IS AND WITH ALL FAULTS. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PRODUCT AND ANY SUPPORT SERVICES REMAINS WITH RECIPIENT. OR THE . Recipient shall not be liable to Microsoft for such information which Recipient can prove (1) is already known to Recipient. IN NO EVENT SHALL MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL. lack of viruses. or (4) is independently developed by Recipient. LOSS OF CONFIDENTIAL OR OTHER INFORMATION. DAMAGES FOR: LOSS OF PROFITS. BUSINESS INTERRUPTION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT. any (if any) warranties. LOSS OF PRIVACY. BUT NOT LIMITED TO.However. ALSO THERE IS NO WARRANTY. NEGLIGENCE. implied or statutory. 7. (2) becomes publicly known through no wrongful act of Recipient. including. and Microsoft and its suppliers hereby disclaim with respect to the Product and Support Services all warranties and conditions.

LIMITATION OF LIABILITY AND REMEDIES. Recipient acknowledges that the Product is of U. Recipient agrees to comply with all applicable international and national laws that apply to these products. Government pursuant to solicitations issued on or after December 1. The foregoing limitations. in which case Recipient consents to the jurisdiction and venue in the Superior Court of King County.S. If either Microsoft or Recipient employs attorneys to enforce any rights arising out of or relating to this Agreement.227-14 (JUNE 1987) or FAR. U. GOVERNMENT RESTRICTED RIGHTS. OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT. Washington. exclusions and disclaimers shall apply to the maximum extent permitted by applicable law. the entire liability of Microsoft and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to actual damages incurred by Recipient based on reasonable reliance up to the greater of the amount actually paid by Recipient for the Product or U.227-7013 (OCT 1988). 48 CFR 252. EVEN IF MICROSOFT OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This Agreement shall be construed and controlled by the laws of the State of Washington. 11.S.00. ATTORNEYS' FEES. origin. including the U.S. end-use and . GOVERNING LAW. the prevailing party shall be entitled to recover reasonable attorneys' fees. 48 CFR 52. all damages referenced above and all direct or general damages).S.S.PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. 10. Product and Documentation provided to the U. Process may be served on either party in the manner authorized by applicable law or court rule. Government pursuant to solicitations issued prior to December 1. 1995 is provided with the commercial rights and restrictions described elsewhere herein.S. without limitation. unless no federal subject matter jurisdiction exists.$5. 1995 is provided with RESTRICTED RIGHTS as provided for in FAR. EXPORT RESTRICTIONS. Notwithstanding any damages that Recipient might incur for any reason whatsoever (including. and Recipient consents to the jurisdiction and venue in the federal courts sitting in King County. Export Administration Regulations. as well as end-user. as applicable. 8. even if any remedy fails its essential purpose. Recipient waives all defenses of lack of personal jurisdiction and forum non conveniens. 9. The Product and Documentation provided to the U. Washington.

or if you desire to contact Microsoft for any reason. and other governments. Redmond. One Microsoft destination restrictions issued by U. see please write: Microsoft Corporation. . For additional information on exporting Microsoft products. WA WWPG Beta Team. Should you have any questions concerning this Agreement.