HotFix Check Tool END-USER LICENSE AGREEMENT IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Microsoft Corporation ("Microsoft") for the HotFix Check Tool, which includes computer software that attempts to evalute and strengthen the security of a computer, and may include associated media, printed materials, and "online" or electronic documentation (collectively "Product"). YOU UNDERSTAND THAT YOU ARE BOUND BY THE TERMS OF THIS EULA BY DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THE PRODUCT. IF YOU DO NOT AGREE, DO NOT DOWNLOAD, INSTALL OR USE THE PRODUCT. FROM TIME TO TIME MICROSOFT MAY PUBLISH AMENDMENTS OR MODIFICTIONS TO THIS EULA. YOU AGREE TO BE BOUND BY THE AMENDEDED OR MODIFIED EULA IF YOU CONTINUE TO USE THE PRODUCT AFTER THE DATE SUCH AMENDMENTS AND MODIFICTIONS ARE PUBLISHED. Grant Of License. Microsoft grants you the following rights provided you comply with all of the terms and conditions of this EULA: * Product. You may download, install and use the Product on an unlimited number of computers, including workstations, terminals or other digital electronic devices ("Computers") residing on your premises that are running a validly licensed copy of a Microsoft operating system product for the sole purpose of attempting to evaluate and strengthen the security of your Internet Information Server ("IIS"). * Transfers. Internal Transfers. You may move the Product to a different Computer. Transfer to Third Party. The initial user of the Product may make a one-time transfer of the Product to another end user. The transfer must include all component parts, media, printed materials and this EULA. The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the transferred Product must agree to all of the then current EULA terms. No Rental. You may not rent, lease, or lend the Product. Limitation On Reverse Engineering, Decompilation & Disassembly. You may not reverse engineer, decompile, or disassemble the Product, except and only to the extent that it is expressly permitted by applicable law notwithstanding this limitation. Termination. Without prejudice to any other rights, Microsoft may cancel this EULA if you do not abide by the terms and conditions of this EULA, in which case you must destroy all copies of the Product and all of its component parts. Consent to Use of Data. You agree that Microsoft and its affiliates may collect and use technical information you provide as a part of support services related to the Product or any feedback you provide regarding the Product ("Data"). Microsoft agrees not to use this information in a form that personally identifies you. You hereby assign to Microsoft, its successors and assigns, all right, title and interest in and to such Data, including, but not limited to, all rights in and to any inventions and designs embodied in the Data; and you hereby grant Microsoft, under all of your intellectual property and proprietary rights, the following worldwide, non-exclusive, perpetual, irrevocable, royalty free fully paid up rights with regard such Data: (1) to make, use, copy, modify, create derivative works thereof, (2) to publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell, and sell, rent, lease or lend, and (3) to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties. The foregoing assignment and license includes a license under any current and future patents owned or licensable by you to the extent necessary to combine the Data or derivative technology thereof with any hardware and software. At Micrsoft's expense, you will execute and deliver such documents and take such other action as may be requested by Microsoft to perfect or protect Microsoft's rights in the Data and to carry out the assignments set forth in this Consent to Use of Data section. Not For Resale Software. Product identified as "Not for Resale" or "NFR," may not be resold, transferred or used for any purpose other than demonstration, test or evaluation. Export Restrictions. You agree that you will not export or re-export the Product (or portions thereof) to any country, person or entity subject to U.S. export restrictions. You specifically agree not to export or re-export the Product (or portions thereof): (i) to any country subject to a U.S. embargo or trade restriction; (ii) to any person or entity who you know or have reason to know will utilize the Product (or portions thereof) in the production of nuclear, chemical or biological weapons; or (iii) to any person or entity who has been denied export privileges by the U.S. government. For additional information see . Disclaimer Of Warranties. To the maximum extent permitted by applicable law, Microsoft and its supliers provide the Product all any accompanying services AS IS AND WITH ALL FAULTS, and hereby DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, AND OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT, ALL WITH REGARD TO THE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SERVICES. THERE ARE NO IMPLIED INDEMNITIES. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT, WITH REGARD TO THE PRODUCT. THE ENTIRE RISK AS TO THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE PRODUCT AND SERVICES, IF ANY, REMAINS WITH YOU. Exclusion Of Incidental, Consequential & 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 PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH 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 & 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 EULA and your exclusive remedy for all of the foregoing shall be limited to the greater of the amount actually paid by you for the Product or 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. U.S. Government License Rights. All Product provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All Product provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with "Restricted Rights" as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable. Applicable Law. If you acquired this Product in the United States, this EULA is governed by the laws of the State of Washington. If you acquired this Product in Canada, unless expressly prohibited by local law, this EULA is governed by the laws in force in the Province of Ontario, Canada; and, in respect of any dispute which may arise hereunder, you consent to the jurisdiction of the federal and provincial courts sitting in Toronto, Ontario. If this Product was acquired outside the United States, then local law may apply. Entire Agreement. This EULA (including any addendum, amendment or modification to this EULA which is included with the Product) are the entire agreement between you and Microsoft relating to the Product and any accompanyng support services and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Product or any other subject matter covered by this EULA. To the extent the terms of any Microsoft policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. Reservation of Rights. Microsoft reserves all rights not expressly granted to you in this EULA. The Product is protected by copyright and other intellectual property laws and treaties. Microsoft or its suppliers own the title, copyright, and other intellectual property rights in the Product. The Product is licensed, not sold. Your Representations. By downloading, accessing or using the Product, you represent and warrant that (a) if you are agreeing to this EULA on behalf of an entity, you are authoirzed to enter into and bind such entity to such agreements on behalf of your entity (b) you have read and fully understand this EULA in its entirety; and (c) you agree that you will be bound by any amendments or modifications to this EULA if you continue to use the Product after the date such amendments or modifications are published. I agree to all of the foregoing, including but not limited to the provisons governing Disclaimer of Warranties, Exclusion of Incidential, Consequential & Certain Other Damages and Limitation of Liability & Remedies. By clicking on the "YES" button, I accept all of the terms and conditions of this EULA. Please Click "YES" to agree with these conditions and continue the download or "NO" to disagree and stop the download.