MICROSOFT SQL SERVER 2000 SERVICE PACK 3 SUPPLEMENTAL END USER LICENSE AGREEMENT FOR MICROSOFT SOFTWARE IMPORTANT: READ CAREFULLY. The Microsoft Service Pack 3 ("Service Pack" or "Service Pack 3") for Microsoft SQL Server 2000 and Microsoft SQL Server 2000 Desktop Engine ("MSDE") contains updates, including "on line" or electronic documentation ("Updates") and is subject to the terms and conditions of the end user license agreement (the "Applicable EULA") under which you have validly licensed the applicable software product (the "Software Product") identified below as well as the terms and conditions of this Supplemental End User License Agreement ("Supplemental EULA"). To the extent any terms in this Supplemental EULA conflict with terms in the Applicable EULA, the terms of this Supplemental EULA control solely with respect to the Updates. Capitalized terms used and not otherwise defined herein shall have the meanings assigned to them in the Applicable EULA. BY INSTALLING, COPYING OR OTHERWISE USING THE SERVICE PACK OR ANY PART THEREOF, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE APPLICABLE EULA AND THIS SUPPLEMENTAL EULA. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT INSTALL, COPY OR USE THE SERVICE PACK. You are not authorized to use the contents of this Service Pack if you do not have a valid license for one of the following SOFTWARE PRODUCTS: 1. Microsoft SQL Server 2000 Standard Edition, Microsoft SQL Server 2000 Enterprise Edition, Microsoft SQL Server 2000 Developer Edition (or any other Microsoft product or suite of products that includes any of the above-listed SOFTWARE PRODUCTS); or 2. Any Microsoft product which contains the technology feature known as Microsoft SQL Server 2000 Desktop Engine ("MSDE") and any third party product which, pursuant to a valid license, has incorporated MSDE. Note: Your rights to use portions of the Service Pack to update SQL Server Personal Edition are governed by this Supplemental EULA as well as the Applicable EULA under which you acquired SQL Server Personal Edition (SQL Server 2000 Enterprise, Standard or Developer). I. LICENSE TERMS - INSTALLATION AND USE OF SERVICE PACK 3: 1. The Updates supplement or replace certain existing functionality of the SOFTWARE PRODUCT. Microsoft grants you a license to install and use the Updates, or any portion thereof, on computers within your organization that are validly licensed for the SOFTWARE PRODUCT (as specified above), subject to your compliance with the terms and conditions of the Applicable EULA (incorporated by this reference) and this Supplemental EULA. 2. Certain Updates in Service Pack 3 are designed to be installed solely on Microsoft SQL Server 2000 Enterprise Edition. Such Updates may only be installed and used by you on computers that are validly licensed for Microsoft SQL Server 2000 Enterprise Edition. II. REDISTRIBUTION RIGHTS. In addition to the License Terms specified in Section I above, if you wish to redistribute Service Pack 3, you may do so subject to the following terms and conditions: A. REDISTRIBUTION OF SERVICE PACK 3 IN ITS ENTIRETY (Upgrade Portions for Database Components, Analysis Services and MSDE): 1. You must obtain Service Pack 3 via a CD-ROM from Microsoft; you may not redistribute Service Pack 3 as downloaded from Microsoft?s website. 2. With respect to the CD-ROM for Service Pack 3 that you receive from Microsoft and subject to the redistribution requirements listed in the Applicable EULA (except as modified by this Supplemental EULA), Microsoft grants you a non-exclusive, worldwide, royalty-free license to reproduce, distribute and sublicense to end users any number of copies of the Service Pack, solely for use in conjunction with your Application that is designed to operate in conjunction with any of the SOFTWARE PRODUCTS listed above, subject to the following: a. Each copy made by you or on your behalf shall be a true and complete copy, including all copyright and trademark notices contained in this Service Pack and including this Supplemental EULA. b. The Service Pack is provided in multiple foreign language versions. For your chosen foreign language you shall distribute all of the Service Pack files as delivered by Microsoft. c. You must distribute the Service Pack via CD-ROM; you may not distribute the Service Pack as a web download or by any other means without Microsoft's prior written consent. d. You shall not distribute this Service Pack for profit or as a standalone product. e. You shall not modify this Service Pack; you may not distribute individual components or files of the Service Pack; you must distribute the Service Pack in its entirety. f. You shall not license or otherwise permit further redistribution of this Service Pack. g. All product support related to your distribution of this Service Pack and your Application is and shall remain your sole responsibility. B. REDISTRIBUTION OF SERVICE PACK 3 (MSDE REBUILD): If, in conjunction with your Application, you wish to only redistribute MSDE as updated by Service Pack 3, you may order from Microsoft a separate CD-ROM that contains an MSDE only update/full refresh ("MSDE Rebuild"). You may distribute the MSDE Rebuild in conjunction with your Application (as defined in the Applicable EULA) subject to the redistribution requirements listed in the Applicable EULA (except as modified in this Supplemental EULA) and the following additional rights and restrictions: With respect to the CD-ROM for MSDE Rebuild that you receive from Microsoft, Microsoft grants you a non-exclusive, worldwide, royalty-free license to reproduce, distribute and sublicense to end users the MSDE Rebuild provided that: (a) You shall distribute your Application with the MSDE Rebuild incorporated therein pursuant to an end user license agreement (which may be "break the seal", "click wrap" or signed) for use of your Application with terms at least as restrictive as and as protective of Microsoft as those contained in this Supplemental EULA and the Applicable EULA. (b) You shall not distribute this MSDE Rebuild as a standalone product, either for free or for profit. (c) You shall not license or otherwise permit further redistribution of the MSDE Rebuild or any portion thereof. (d) All product support related to your distribution of the MSDE Rebuild and your Application is and shall remain your sole responsibility. (e) Redistribution of your Application with the MSDE Rebuild incorporated therein is not limited to CD-ROM only; you may redistribute your Application as a web download or by any other means you deem appropriate. Additional Rights and Limitations. Microsoft retains all right, title and interest in and to the SOFTWARE PRODUCT and Service Pack 3. All rights not expressly granted are reserved by Microsoft. With respect to the Service Pack, if the licensor of the applicable SOFTWARE PRODUCT was an entity other than Microsoft, then for the purposes of this Supplemental EULA, Microsoft will be the licensor with respect to the Service Pack in lieu of the "Manufacturer" or other entity and support, if any, for the Service Pack shall not be provided by Manufacturer. With respect to the existing functionality contained in the SOFTWARE PRODUCT which is not updated, supplemented, or replaced by the Service Pack, the Applicable EULA for the SOFTWARE PRODUCT shall remain in full force and effect as to the SOFTWARE PRODUCT. IF THE SOFTWARE PRODUCT WAS LICENSED TO YOU BY MICROSOFT OR ANY OF ITS WHOLLY OWNED SUBSIDIARIES, THE LIMITED WARRANTY (IF ANY) INCLUDED IN THE APPLICABLE EULA APPLIES TO THE SERVICE PACK PROVIDED THE SERVICE PACK HAS BEEN LICENSED BY YOU WITHIN THE TERM OF THE LIMITED WARRANTY IN THE APPLICABLE EULA. HOWEVER, THIS SUPPLEMENTAL EULA DOES NOT EXTEND THE TIME PERIOD FOR WHICH THE LIMITED WARRANTY IS PROVIDED. IF THE SOFTWARE PRODUCT WAS LICENSED TO YOU BY AN ENTITY OTHER THAN MICROSOFT OR ANY OF ITS WHOLLY OWNED SUBSIDIARIES, MICROSOFT DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICE PACK AS FOLLOWS: DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT AND ITS SUPPLIERS PROVIDE TO YOU THE SERVICE PACK, AND ANY (IF ANY) SUPPORT SERVICES RELATED TO THE SERVICE PACK ("SUPPORT SERVICES") AS IS AND WITH ALL FAULTS; AND MICROSOFT AND ITS SUPPLIERS HEREBY DISCLAIM WITH RESPECT TO THE SERVICE PACK AND SUPPORT SERVICES ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES OR CONDITIONS OF OR RELATED TO: TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SERVICE PACK AND ANY SUPPORT SERVICES REMAINS WITH YOU. 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, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, 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 SERVICE PACK OR THE SUPPORT SERVICES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICE...
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