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der Software xAlerator - Xapio GmbH

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Ontario. If this Product was acquired outside the United States, then local law may<br />

apply.<br />

14. COPYRIGHT.<br />

The Product is protected by copyright and other intellectual property laws and treaties.<br />

Microsoft or its suppliers own the title, copyright, and other intellectual property rights<br />

in the Product. The Product is licensed, not sold.<br />

15. ENTIRE AGREEMENT.<br />

This EULA, including any addendum or amendment to this EULA which is included<br />

with the Product, are the entire agreement between you and Microsoft relating to the<br />

Product and the support services (if any), and they supersede all prior or<br />

contemporaneous oral or written communications, proposals and representations with<br />

respect to the Product or any other subject matter covered by this EULA. To the extent<br />

the terms of any Microsoft policies or programs for support services conflict with the<br />

terms of this EULA, the terms of this EULA shall control.<br />

13.16 Microsoft Access Nordwind und Northwind Datenbank (<strong>xAlerator</strong>-Tutorial)<br />

1. GRANT OF LICENSE. This EULA grants you the following rights :<br />

a. General. You may install and use an unlimited number of copies of the<br />

SOFTWARE PRODUCT on any number of computers, including workstations,<br />

terminals or other digital electronic devices residing on your premises, for the purpose<br />

of designing, developing and testing your software application(s) (“Application”).<br />

b. Redistribution of SOFTWARE PRODUCT as Modified by You. You may copy and<br />

redistribute any SOFTWARE PRODUCT that you have modified and incorporated<br />

into your Application, subject to the following restrictions and limitations:<br />

(i) You shall distribute the modified SOFTWARE PRODUCT only in conjunction<br />

with and as part of an Application that adds significant and primary functionality to<br />

the SOFTWARE PRODUCT;<br />

(ii) You shall not use Microsoft’s name, logo or trademarks to market your<br />

Application;<br />

(iii) You shall distribute your Application containing the SOFTWARE PRODUCT<br />

pursuant to an End-User License Agreement (which may be “break-the-seal”, “clickwrap”<br />

or signed), with terms no less protective than those contained herein;<br />

(iv) You shall not permit further redistribution of the SOFTWARE PRODUCT by<br />

your end-user customers;<br />

(v) You shall include a valid copyright notice in your own name in your Application,<br />

which notice shall be sufficient to protect Microsoft’s copyright in the modified<br />

SOFTWARE PRODUCT; and<br />

(vi) You agree to indemnify, hold harmless and defend Microsoft from and against<br />

any claims or lawsuits including reasonable attorneys’ fees, which arise or result from<br />

the use or distribution of the modified SOFTWARE PRODUCT and/or your<br />

Application.<br />

(vii) Your license rights to the SOFTWARE PRODUCT are conditioned upon your<br />

(a) not incorporating Identified <strong>Software</strong> into or combining Identified <strong>Software</strong> with<br />

the SOFTWARE PRODUCT or a <strong>der</strong>ivative work thereof;<br />

(b) not distributing Identified <strong>Software</strong> in conjunction with the SOFTWARE<br />

PRODUCT or a <strong>der</strong>ivative work thereof; and<br />

(c) not using Identified <strong>Software</strong> in the development of a <strong>der</strong>ivative work of the<br />

SOFTWARE PRODUCT. “Identified <strong>Software</strong>” means software which is licensed<br />

pursuant to terms that directly or indirectly

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