TERMS OF SERVICE FOR MICROSOFT IWS TEST DRIVE SITE

BY ACCESSING OR OTHERWISE USING THE IWS TEST DRIVE SITE HOSTED BY RUNAWARE, INC. ON BEHALF OF MICROSOFT CORPORATION (“SITE”), YOU AGREE TO BE BOUND BY THE TERMS OF THESE TERMS OF SERVICE. If you do not agree to these Terms of Service, you are not authorized to access or make use of the Site.

These Terms of Service comprise a legal agreement between you and Microsoft, and govern your use of the Site.

SITE USE:

Site use excludes functionality that (1) involves installation of any Microsoft Software directly on any Device such that a User could interact with the Microsoft Software even if, the Device were not connected to the Evaluation Website, (2) saving of files to a Device, (3) printing and (4) retaining any data from a Session.

PRIVACY

MICROSOFT’S PRIVACY POLICY WITH REGARD TO YOUR USE OF THE SITE AND INFORMATION YOU POST, UPLOAD, OR OTHERWISE DISCLOSE IN CONNECTION WITH THE SITE IS LOCATED AT HTTP://WWW.MICROSOFT.COM/INFO/PRIVACY.HTM.

YOUR WARRANTIES

You make the following representations and warranties. Microsoft shall have the right to terminate your access to the Site, without notice at any time, if any representation warranty made by you proves to be untrue in any respect.

You represent and warrant that:

• You will not use this Site for any purpose that is unlawful, or prohibited by these Terms of Service;
• You will not interfere with or disrupt the Site or servers or any network connected to the Site; and
• You have and control all of the intellectual property, proprietary and similar rights necessary for all material you post, upload, or otherwise submit to the Site.

You agree that you will defend and indemnify Microsoft and its suppliers from any third party claim related to a breach of any of the foregoing warranties.

LIMITATIONS OF LIABILITY AND DISCLAIMERS

Your access to and use of the Site is at Your own risk. Microsoft makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of the Site. Without limiting the foregoing, NEITHER MICROSOFT NOR ITS RESPECTIVE SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE SITE FOR ANY PURPOSE. THE SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MICROSOFT AND ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THE SITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION:

• DAMAGES FOR LOSS OF USE, DATA, ACCOUNTS, REVENUES OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE;
• OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MICROSOFT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

GENERAL

These Terms of Service are governed by the laws of the State of Washington, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in King County, Washington, USA in all disputes arising out of or relating to the use of the Site. If any part of these Terms of Service is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect. Unless otherwise specified herein, these Terms of Service, and the Privacy Statement constitute your entire agreement with Microsoft with respect to the Site and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Microsoft with respect to the Site. Any rights not expressly granted herein are reserved by Microsoft.