License Terms Agreement for Software for Use with Microsoft® Hardware Devices

IMPORTANT - READ CAREFULLY: Be sure to carefully read and understand all of the rights and restrictions described in this Software License Terms Agreement (“Agreement”). This Agreement includes three (3) Parts: 1) the Software License Terms Agreement; 2) General Provisions for both the Software License Terms and the Hardware Device; and (3) a Limited Warranty for the SOFTWARE and the Hardware Device.

This Agreement is a legal agreement between You (either an individual or a single legal entity who will be referred to in this Agreement as “You” and “Your”) and Microsoft Corporation. The applicable Microsoft mouse, keyboard, webcam product or Fingerprint Reader is called the “Hardware Device” in this Agreement. “SOFTWARE” means the software supplied by Microsoft for use with the applicable Hardware Device and includes any associated media (including copies), printed materials and any “online” or electronic documentation or authorized upgrades or supplements from Microsoft for such software. This Agreement grants You license rights ONLY if the SOFTWARE is genuine Microsoft SOFTWARE.

Reviewing and Retaining the Agreement: Whether You download the SOFTWARE from an authorized web site or You receive it with the Hardware Device, the SOFTWARE will not set up on the Workstation Computer unless or until You agree to this Agreement (see below for obtaining a refund if You do not agree). You may print the text of this Agreement, or refer to the copy that can be found in the legal information section of the onscreen Help file within the SOFTWARE. PLEASE NOTE: The terms of a paper Agreement or an Agreement delivered at Your request supersede the terms of any on-screen Agreement found within the SOFTWARE.

Your Agreement. BY CLICKING THE “ACCEPT” OPTION, BY USING THE HARDWARE DEVICE, OR BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU HAVE AGREED TO BE BOUND BY THIS AGREEMENT. Your click of the “accept” option is a symbol of Your signature and Your assent to all parts of this Agreement. If You do not want to agree, do not take any of the above actions and return both the Hardware Device and the SOFTWARE to the place where You acquired them for a refund. If You cannot obtain a refund, contact the Microsoft subsidiary serving Your country, or write to: Microsoft Sales Information Center, One Microsoft Way, Redmond, WA 98052-6399, USA, or visit Microsoft on the World Wide Web at http://www.microsoft.com.

Part 1: SOFTWARE LICENSE and TERMS

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.

GENERAL LICENSE TERMS FOR THE SOFTWARE. This Agreement grants You the following rights:

SOFTWARE INSTALLATION AND USE. Except as otherwise expressly provided in this Agreement, You may only install, use, access, run, or otherwise interact with (“Run”) one copy of the SOFTWARE on a single computer, such as a workstation, terminal, or other digital electronic device (“Workstation Computer”) for use with the applicable Hardware Device.

NO CONCURRENT USE. The SOFTWARE may not be installed, accessed, displayed, run, shared or used concurrently on or from different Computers.

INCLUDED MICROSOFT PROGRAMS. The SOFTWARE contains other Microsoft programs. The license terms with those programs apply to your use of them.

OPERATING SYSTEM UPGRADES. The SOFTWARE may contain operating systems components’ software upgrades required for proper operation of the SOFTWARE. Any such operating systems’ software upgrades are licensed to You under the terms and conditions of the operating system software license or a separate end user license agreement provided with such upgrades, not this Agreement.

MULTIPLE HARDWARE DEVICES. If You acquired a multiple pack of the Hardware Devices, You may make one (1) copy of the SOFTWARE for each Hardware Device You acquired in the package, and You may use each copy in the manner specified herein.

LIMITATIONS ON 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.

NO INDEPENDENCE. The SOFTWARE is licensed for use only with the Hardware Device as a single integrated whole under this Agreement. The SOFTWARE may only be used with the Hardware Device, not other devices. The SOFTWARE may not be transferred independently from the Hardware Device.

SOFTWARE TRANSFER. You may permanently transfer all of Your rights under this Agreement provided that You retain no copies of the SOFTWARE, You transfer all of the SOFTWARE (including all component parts, the media and printed materials, any upgrades, this Agreement and, if applicable, the Certificate of Authenticity) along with the accompanying Hardware Device, and the recipient agrees to this Agreement. If the SOFTWARE portion is an upgrade, any transfer must include all prior versions of the SOFTWARE.

NOT FOR RESALE SOFTWARE. If the SOFTWARE is labeled “Not for Resale” or “NFR”, then, notwithstanding other sections of this Agreement, You may not resell, or otherwise transfer for value, the SOFTWARE.

AUTO UPDATES. You acknowledge and agree that Microsoft may automatically check the version of the SOFTWARE and/or its components You are utilizing and may provide upgrades and/or supplements to the SOFTWARE and/or its components that will be automatically downloaded to the Workstation Computer, Hardware Device, SOFTWARE and/or all other computers or devices that work with the SOFTWARE. Your use of the SOFTWARE and the related Hardware Device including such upgrade and/or supplement shall be governed by this Agreement (as supplemented or modified by any Microsoft Agreement that is provided with the upgrade and/or supplement.).

CANCELLATION. Without prejudice to any other rights, Microsoft may cancel Your rights under this Agreement if You fail to comply with its terms and conditions. In such event, You must destroy all copies of the SOFTWARE and all of its component parts.

TRADEMARKS. This Agreement does not grant You any rights in connection with any trademarks or service marks of Microsoft or its suppliers.

SUPPORT SERVICES. Microsoft may provide You with support services related to the SOFTWARE and/or Hardware Device (“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 SOFTWARE and subject to the terms of this Agreement, except that the Limited Warranty does not apply to Support Services or that supplemental code. 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.

RESERVATION OF RIGHTS. Microsoft reserves all rights not expressly granted to You in this Agreement.

COPYRIGHT. All title and intellectual property rights 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. All title and intellectual property rights in and to the content which is not contained in the SOFTWARE but may be accessed through use of the SOFTWARE is the product of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement grants You no rights to use such content. Use of any on-line services which may be accessed through the SOFTWARE may be governed by the respective terms of use relating to such services. If this SOFTWARE contains documentation which is provided only in electronic form, You may print one copy of such electronic documentation. You may not copy the non-electronic materials accompanying the Hardware Device and SOFTWARE. All rights not specifically granted under this Agreement are reserved by Microsoft and its suppliers.

EXPORT RESTRICTIONS. You acknowledge that the SOFTWARE licensed under this Agreement is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the SOFTWARE, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments. For additional information, go to www.microsoft.com/exporting/

STORAGE/NETWORK USE. You may store or install a copy of the SOFTWARE on a storage device, such as a network server, used only to 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 Run from the storage device, and each such Computer must use an applicable Hardware Device in conjunction with the SOFTWARE.

BACK-UP COPY. After installation of one copy of the SOFTWARE pursuant to this Agreement, You may keep the original media on which the SOFTWARE was provided solely for backup or archival purposes. If the original media is required to use the SOFTWARE on the Computer, You may make one copy of the SOFTWARE solely for backup or archival purposes. It is generally illegal to make unauthorized copies of the SOFTWARE or to circumvent any copy protection technology employed in the SOFTWARE; exceptions can apply in limited circumstances that may or may not apply to You.

BACK-UP UTILITY. If the SOFTWARE includes a Microsoft back-up utility You may use the utility to make the single back-up copy, and after the single back-up copy is made, the backup utility will be permanently disabled. Except as expressly provided in this Agreement, You may not otherwise make copies of the SOFTWARE or the printed materials accompanying the SOFTWARE.

LANGUAGE VERSION SELECTION. Microsoft may have elected to provide You with a selection of language versions for one or more of the Microsoft SOFTWARE licensed under this Agreement. If the SOFTWARE is included in more than one language version, You are licensed to use only one of the language versions on Your Computer at a time. As part of the setup process for the SOFTWARE You will be given an option to select a language version for set up on the Computer.

Part 2: GENERAL PROVISIONS

The following provisions apply to the SOFTWARE and also to the Hardware Device.

DISCLAIMER OF WARRANTIES

Except for express warranties stated in the Limited Warranty and except for any implied warranties that exist under applicable law and that cannot be disclaimed, YOU AGREE THAT THE SOFTWARE, HARDWARE DEVICE AND ANY SUPPORT SERVICES ARE: (1) PROVIDED AS IS AND WITH ALL FAULTS, AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU; and (2) that Microsoft and its suppliers, affiliates, and agents MAKE NO, AND DISCLAIM ALL OTHER WARRANTIES OF EVERY NATURE, INCLUDING BUT NOT LIMITED TO: ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR ANY PURPOSE OR OF SYSTEM INTEGRATION, OR CREATED BY TRADE USAGE OR COURSE OF DEALING; ALL DUTIES OF REASONABLE WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE, and; ANY (IF ANY) IMPLIED OR SIMILAR OBLIGATIONS REGARDING TRANSMISSION, AVAILABILITY, ACCURACY, FUNCTIONALITY OR LACK OF VIRUSES OR HARMFUL CODE. Also, THERE IS NO WARRANTY OF TITLE OR AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, HARDWARE DEVICE OR ANY SUPPORT SERVICE OR AGAINST INFRINGEMENT OR THE LIKE.

EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE FULL EXTENT ALLOWED BY LAW, MICROSOFT AND ITS SUPPLIERS, AFFILIATES AND AGENTS ARE NOT LIABLE FOR ANY:

(i) CONSEQUENTIAL OR INCIDENTAL DAMAGES;

(ii) DAMAGES OR LOSS OF ANY NATURE WHATSOEVER RELATING TO LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR PRIVACY OR CONFIDENTIALITY, ANY INABILITY TO USE ALL OR PART OF THE HARDWARE DEVICE OR SOFTWARE, PERSONAL INJURY, OR ANY FAILURE TO MEET ANY DUTY (INCLUDING BUT NOT LIMITED TO ANY DUTY OF NEGLIGENCE, GOOD FAITH OR OF WORKMANLIKE EFFORT); OR

(iii) INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SOFTWARE, HARDWARE DEVICE OR SUPPORT SERVICES. THE FOREGOING APPLIES EVEN IF MICROSOFT OR ANY SUPPLIER, AFFILIATE OR AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES; AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE), STRICT OR PRODUCT LIABILITY, MISREPRESENTATION OR OTHER REASON.

LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY. Your exclusive remedy for any breach of the Limited Warranty is set forth in the Limited Warranty. AS FOR ALL OTHER BREACHES OF THIS AGREEMENT BY MICROSOFT, ITS SUPPLIERS, AFFILIATES OR AGENTS, YOU AGREE THAT YOUR SOLE REMEDY FOR ANY SUCH BREACH AND FOR ANY OTHER CAUSE OF ACTION OF ANY NATURE RELATING TO PARTS 1 OR 2 OF THIS AGREEMENT OR TO THE SOFTWARE, HARDWARE DEVICE, OR SUPPORT SERVICES SHALL BE, AT MICROSOFT’S OPTION, (1) repair or replacement of all or part of the SOFTWARE, Hardware Device or Support Service (including without limitation, repair or replacements with non-Microsoft items); or (2) refund of the amount You actually paid for the respective SOFTWARE, Hardware Device or Support Service causing Your damages, which refund amount shall not exceed the actual damages incurred by You in reasonable reliance; or (3) with respect to Support Services, any lesser and different remedy or limitation contained in the contract for those services. You agree that the damage exclusions in this Agreement and this limitation of liability shall apply even if any remedy fails of its essential purpose. These limitations do not apply to the extent of any liabilities that cannot be excluded or limited by applicable law.

GOVERNING LAW; EXCLUSIVE FORUM. If You acquired the Hardware Device and/or SOFTWARE in the United States of America, all parts of this Agreement (including the Limited Warranty) shall be construed under and controlled by the laws of the State of Washington, U.S.A., and You irrevocably consent to exclusive jurisdiction and venue in the federal courts sitting in King County, WA unless no federal subject matter jurisdiction exists, in which case You irrevocably consent to exclusive jurisdiction and venue in the Superior Court of King County, WA. If You acquired the Hardware Device in Canada, except where expressly prohibited by local laws, the laws in force in the Province of Ontario, Canada apply and each of the parties hereto irrevocably attorns to the jurisdiction of the courts of the Province of Ontario and further agrees to commence any litigation which may arise hereunder in the courts located in the Judicial District of York, Province of Ontario. If You acquired this Hardware Device outside of the countries listed above, then local laws may apply.

QUESTIONS. Should You have any questions concerning this agreement, or if You desire to contact Microsoft for any reason, please use the address information enclosed in the Hardware Device to contact the Microsoft subsidiary serving Your country, or visit Microsoft on the World Wide Web at www.microsoft.com

Part 3: LIMITED WARRANTY

A. WARRANTIES.

1. Express Warranty. Subject to the terms and conditions of this Limited Warranty and in lieu of any other (if any) express warranties, Microsoft warrants that under normal use and service, on the date of acquisition as shown on Your receipt or similar proof of payment and for the next i) 90 days for the SOFTWARE and ii) period of time stated below for the applicable Hardware Device (hereafter each defined as the “Warranty Period”), that the SOFTWARE and Hardware Device will substantially conform with the accompanying Microsoft packaging and documentation. As to any defects discovered after the Warranty Period, there is no warranty or condition of any kind.

Warranty Period:

Microsoft game controller devices: Ninety (90) days

Comfort Optical Mouse 3000; Wireless Optical Mouse 1000; Basic Mouse; Basic Notebook Optical Mouse; Compact Optical Mouse; Mobile Optical Mouse; Notebook Optical Mouse; Optical Mouse by Starck; Standard Wireless Optical Mouse; Wheel Mouse; Wheel Mouse Optical: Two (2) years

Wireless Laser Mouse 6000; Wireless Optical Mouse 5000; IntelliMouse® Optical; IntelliMouse Pro; IntelliMouse with IntelliEye; Trackball Explorer; Wireless IntelliMouse Explorer; IntelliMouse Explorer for Bluetooth; Wireless IntelliMouse Explorer with Fingerprint Reader: Five (5) years

All other Microsoft mouse devices not listed above: Three (3) years

All other Microsoft Hardware devices (including Microsoft keyboards and desktop sets): Three (3) years

This Limited Warranty does not cover, and no warranty of any kind is provided with respect to any subjective or aesthetic aspects of the Hardware Device or SOFTWARE. The express warranty stated above is the only express warranty made to You and is provided in lieu of all other express or implied warranties and conditions (except for any non-disclaimable implied warranties that exist), including any created by any other documentation or packaging. No information or suggestions (oral or in a record) given by Microsoft, its agents, affiliates or suppliers or its or their employees or agents, shall create a warranty or condition or expand the scope of this Limited Warranty. The “Governing Law; Exclusive Forum” provision of Part 2 of the Agreement applies to this Limited Warranty and is incorporated herein by this reference.

2. Limitation on Duration of Implied Warranties. If You are a consumer, You may also have an implied warranty and/or condition under the laws of some jurisdictions, which is hereby limited to the duration of the Warranty Period. Some jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the foregoing limitation may not apply to You.

B. EXCLUSIVE REMEDY. Subject to applicable law and the following, and provided that You return the SOFTWARE and Hardware Device to Your place of acquisition (or, if that place will not accept the return, to Microsoft) with a copy of Your receipt or other bona fide proof of payment during the Warranty Period, Microsoft will, at its option and as Your exclusive remedy for breach of this Limited Warranty and any implied warranties:

repair or replace all or part of the defective SOFTWARE or the defective Hardware Device; or

make payment to You for the allowable damages that You incurred in reasonable reliance, but only up to the amount You paid (if any) for the SOFTWARE and/or the Hardware Device less reasonable depreciation based on actual use.

The above remedy is subject to the following:

Any repaired or replaced SOFTWARE or Hardware Device will be new or refurbished or serviceably used, comparable in function and performance to the original Hardware Device (or SOFTWARE), and may include third party items;

Any SOFTWARE or Hardware Device repaired or replaced under this Limited Warranty will be warranted for the remainder of the original Warranty Period or 30 days from the date of shipment of the item back to You, whichever is longer. If an upgrade to SOFTWARE is delivered with a new limited warranty, then the terms of that new limited warranty will apply only to the SOFTWARE as upgraded, but will not apply to the original Hardware Device;

Except as otherwise required by legislation in Your jurisdiction, costs associated with transport (including packaging) for warranty service shall be at Your expense; and

Microsoft does not provide any warranties regarding any other services provided under this Limited Warranty and disclaims all duties (if any) of workmanlike effort or of lack of negligence regarding such services.

C. EXCLUSION OF OTHER DAMAGES. TO THE FULL EXTENT ALLOWED BY LAW, MICROSOFT AND ITS SUPPLIERS, AFFILIATES AND AGENTS ARE NOT LIABLE FOR ANY:

(i) CONSEQUENTIAL OR INCIDENTAL DAMAGES;

(ii) DAMAGES OR LOSS OF ANY NATURE WHATSOEVER RELATING TO LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR PRIVACY OR CONFIDENTIALITY, ANY INABILITY TO USE ALL OR PART OF THE HARDWARE DEVICE OR SOFTWARE, PERSONAL INJURY, OR ANY FAILURE TO MEET ANY DUTY (INCLUDING BUT NOT LIMITED TO ANY DUTY OF NEGLIGENCE, GOOD FAITH OR OF WORKMANLIKE EFFORT); OR

(iii) INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SOFTWARE OR HARDWARE DEVICE. THE FOREGOING APPLIES EVEN IF MICROSOFT OR ANY SUPPLIER, AFFILIATE OR AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES; AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE), STRICT OR PRODUCT LIABILITY, MISREPRESENTATION OR OTHER REASON.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusions many not apply to You.

D. EXCLUSIONS FROM COVERAGE. This Limited Warranty shall not apply and Microsoft has no liability under this Limited Warranty if the SOFTWARE or Hardware Device:

- is used for commercial purposes (including rental or lease) or purposes beyond the scope of the SOFTWARE license;

- is modified or tampered with;

- is damaged by Acts of God, power surge, misuse, abuse, negligence, accident, wear and tear, mishandling, misapplication, or other causes unrelated to defects in the Hardware Device or the SOFTWARE;

- is damaged by programs, data, viruses, or files, or during shipments or transmissions;

- is not used in accordance with the accompanying documentation and use instructions; or

- is repaired, modified or altered by other than a Microsoft authorized repair center and the unauthorized center causes or contributes to any defect or damage.

This Limited Warranty does not include any warranty regarding legal rights or abilities, such as any warranty regarding title, quiet enjoyment or lack of infringement.

E. REGISTRATION. You need not register Your acquisition of the SOFTWARE and Hardware Device for the Limited Warranty to be effective.

F. BENEFICIARY. To the extent allowed by applicable law, the Limited Warranty is only made to You, the first licensed user of the SOFTWARE or purchaser of the Hardware Device, and there are no third party beneficiaries of the Limited Warranty. Except as required by law, this Limited Warranty is not intended for and does not apply to anyone else, including anyone to whom You make any transfer as authorized in the Agreement.

G. FURTHER INFORMATION. Microsoft is the warrantor under this Limited Warranty. To receive instructions for obtaining performance of this Limited Warranty You must either contact the Microsoft subsidiary serving Your country, or write to: Microsoft Sales Information Center, One Microsoft Way, Redmond, WA 98052-6399, USA, or visit Microsoft on the World Wide Web at http://www.microsoft.com.

You must also:

1. Submit proof of payment in the form of a bona fide, dated receipt, or invoice (or a copy) evidencing that You are the beneficiary of this Limited Warranty and that Your request for a remedy is made within the Warranty Period;

2. Follow Microsoft’s shipping and other instructions if it determines that all or part of Your Hardware Device or SOFTWARE requires return. To obtain the Limited Warranty performance, You must take or deliver the item in either its original packaging or packaging that provides an equal degree of protection to the location specified by Microsoft. Except as otherwise required by legislation in Your jurisdiction, costs associated with transport (including packaging) for warranty service shall be at Your expense.

3. Delete or remove any files or data You consider private or confidential prior to sending the item to Microsoft.

Failure to follow the above instructions may result in delays, cause You to incur additional charges, or may void Your warranty.

This Limited Warranty gives You specific legal rights and You may also have other rights which vary from jurisdiction to jurisdiction. Where any term of this Limited Warranty is prohibited by such laws, it shall be null and void, but the remainder of the Limited Warranty shall remain in full force and effect if its allocation of risks is not materially disturbed.