EXHIBIT 18
How to Delete Virus.Bamital.V: Effective Video Tutorial to get rid of fake security program
http://www.spywareremovertool.org
All About Virus.Bamital.V Virus.Bamital.V is critical infection in computer system that creates severe troubles like annoying popup ads, website redirection etc. In addition, it also makes major changes in computer and your web browsers such as homepage changes, proxy server changes, firewall settings. Usually, it comes through internet which may be included with freeware downloads, torrent downloads. It may also be found attached with spam mails. Hence you must be careful with these activities to get rid of Virus.Bamital.V and other malware infection. http://www.spywareremovertool.org
All About Virus.Bamital.V
Upon infecting the system it hijacks the browser as such it would eventually redirect to unknown sites and homepage & other default settings are altered & access to the same is restricted. In the next slide, you can find out certain problems encountered by some of the users.
http://www.spywareremovertool.org
According to Ken Dowry: “When I am trying to open Internet Explorer, a number of pop up messages appear up and Internet access gets blocked. Computer performance is getting slower than before and applications are taking a lot of time to open. “
http://www.spywareremovertool.org
According to Jack Mathews“I am using Avast Antivirus program to secure my system but recently it stopped working even it is updated and even firewalls gets disabled. I am facing a number of error messages and warnings while working with Windows system. “
http://www.spywareremovertool.org
Sandra Adams said: “When trying to open my important Excel report, it said cannot be opened. Unable to run any programs on system. I am really annoyed by the messages constantly appearing on my computer screen. Sometimes, my PC shutdowns unexpectedly without any prior information“
http://www.spywareremovertool.org
Our technical experts carefully analyzed all these individual cases discussed in the previous slides and found that their PC were infected with Virus.Bamital.V browser hijacker. According to those experts, here are the effective removal instructions in the next slides discussed to remove Virus.Bamital.V threat from Windows based systems.
http://www.spywareremovertool.org
Automatic instructions to delete Virus.Bamital.V? In order to remove Virus.Bamital.V in an automatic way, just download automatic Virus.Bamital.V removal tool on your PC to use it for complete removal. With the help of highly advanced techniques, it removes up the serious program infections regardless of the strategies through it which it infected the system. At the same time, this tool is even capable to detect and blocks hidden threats from the compromised machine making it safe and secure.
http://www.spywareremovertool.org
Delete Virus.Bamital.V Hope!!! Your Windows system is now free of infections.
Thank You For more info, visit: http://www.spywareremovertool.org
http://www.spywareremovertool.org
EXHIBIT 19
search redirect - Microsoft Community
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junior-lanes asked on August 1, 2009 search redirect
IE8 - Login bars and search bars redirect to a 'false' page
Hi everibody, allways when I try to make a search I've being redirected to another site related to the site that I'm trying to go to.Why its this hapen?
redirect - When I search with Google or Yahoo!, my search results get...
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GrahamWilmott replied on August 1, 2009
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Learn more about Internet Explorer I have used both AVG and AVAST , and either would help you.
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GrahamWilmott replied on August 1, 2009
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You probably have a virus or malware installed on your system. I would suggest doing a complete virus scan (using the tool of your choice), as well as a full malware scan (http://www.malwarebytes.org) If you find a post helpful, please click on the green triangle to the left.
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In reply to junior-lanes post on August 1, 2009 Most virus / trojan / malware are only written to attack the most common used software (Eg, Internet Explorer) If you find a post helpful, please click on the green triangle to the left.
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Rob-972 asked on June 22, 2012
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Redirects when attempting to display any website or search results, Any attempt to launch a website or search topic results in a REDIRECT to some ad website or general info website. Have to X out of that and click again on whatever site I searched for. The second attempt is always successful. Didn't have this issue with IE 7.
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Joe-C. replied on June 24, 2012 Forum Moderator
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In reply to Bobang post on June 23, 2012 Bob and Rob Try running through some of these scanners and security programs listed in the link below. Also it wouldn't hurt to run these while in Safe Mode. http://answers.microsoft.com/en-us/windows/forum/windows_vista-security/how-to-get-rid-ofmalware/ba80504b-61f1-4d71-960f-b561798b7b42
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All Replies (8) Sandeep Ghatuary replied on June 22, 2012 Forum Moderator
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Hi Rob-972, · ·
Have you made any changes on the computer prior to the issue? Do you get any error message?
Follow these methods. Method 1: Follow the steps from the article. Cannot access some websites in Internet Explorer Method 2: Perform Internet Explorer Optimization on the computer from the article. How to optimize Internet Explorer Note: The Reset Internet Explorer Settings feature might reset security settings or privacy settings that you added to the list of Trusted Sites. The Reset Internet Explorer Settings feature might also reset parental
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control settings. We recommend that you note these sites before you use the Reset Internet Explorer Settings English feature.
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In reply to Sandeep Ghatuary post on June 22, 2012 Only change was upgrade to IE 8; I can actually access all desired web sites----just have to go through a REDIRECT to Infomash or various other advertising sites / IP addresses first. No error messages... Nuisance deluxe. Have reset settings, etc. No joy. Problem remains.
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Bobang replied on June 23, 2012
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In reply to Rob-972 post on June 23, 2012 I'm having the same issue with IE9. I deleted all my cookies and disabled all controls, uninstalled IE9 then reinstalled, no joy. I spent 6 hours trying everything possible. It happesn no matter if I'm using Bing or Google.
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Rob-972 replied on June 23, 2012
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In reply to Bobang post on June 23, 2012 Geez. Not good news , but good info. I did very similar procedures , except for uninstall. I also utilize Bing as the engine....Thanks......Still perplexed.
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Sandeep Ghatuary replied on June 23, 2012 Forum Moderator
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In reply to Rob-972 post on June 23, 2012 Hi Rob-972, Follow the steps from the article and check if the issue persists. What is browser hijacking?
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Bobang replied on June 23, 2012
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In reply to Sandeep Ghatuary post on June 23, 2012 That's one of the first things I did and it didn't make any difference. I disabled all add-on, still no joy.
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Joe-C. replied on June 24, 2012 Forum Moderator
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In reply to Bobang post on June 23, 2012 Bob and Rob Try running through some of these scanners and security programs listed in the link below. Also it wouldn't hurt to run these while in Safe Mode. http://answers.microsoft.com/en-us/windows/forum/windows_vista-security/how-to-get-rid-ofmalware/ba80504b-61f1-4d71-960f-b561798b7b42
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Bobang replied on June 30, 2012
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In reply to Joe-C. post on June 24, 2012 After spending a day and a half trying everything I could find on Microsoft and Symantac's website to remove this spyware/virus, I spent the $100 and called Microsoft Technical support. The Security specialist spent 8 hours on my computer trying to resolve the issue. He was unable to. I ended up restoring my computer to a June 6th image of my drive, prior to having the issue. I think the problem is, this spyware/virus foot print is not known by the vendors yet. However, one thing I did discover was a major security hole in Adobe Flash that allows all kinds of tracking cookies and "stuff" to be put on your computer. I've since changed all of the Flash settings to prevent this from happening again.
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sites listed in search engine results get hijacked to unrelated sites
canell44 asked on December 18, 2011 Constant redirect with bing I search with internet explorer. This takes me to bing with results of sites. When I click on a site. Bing says redirect and sends me to another page. Just started doing this about a week ago.
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Debbie_H replied on December 20, 2011 Community Star Hi canell44, It's possible your browser has been hijacked. Please see the following article with troubleshooting: http://www.microsoft.com/security/pc-security/browser-hijacking.aspx Hope this helps! Debbie Meet Windows 8! Windows.Microsoft.com
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Dena B replied on December 19, 2011 Forum Moderator
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Hello canell44, This thread was created in the Windows Update forum; the Microsoft Moderation team has moved this thread to the Internet Explorer Forum. Dena
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Debbie_H replied on December 20, 2011 Community Star Hi canell44, It's possible your browser has been hijacked. Please see the following article with troubleshooting:
http://answers.microsoft.com/en-us/ie/forum/ie9-windows_7/constant-redirect-with-bing/b0... 1/8/2013
Constant redirect with bing - Microsoft Community
http://www.microsoft.com/security/pc-security/browser-hijacking.aspx English Hope this helps! Debbie Meet Windows 8! Windows.Microsoft.com
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skingery asked on May 17, 2011 Problem with redirecting. - Search results redirect to other pages
Brand new computers already redirecting on search engines?
When i do a search and click on that link it redirects to other pages. Not the one i need. I can not find a virus or anything on my computer that is doing the redirect.
ie is redirecting from the selected website
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Azam K replied on May 18, 2011
Microsoft Fix it
Forum Moderator Hi, 1. What is the exact error message do you get? 2. Does this happens with the particular website? I would suggest you to folow these steps and check if it helps: Method 1: Try optimizing Internet Explorer and check if it helps: http://windows.microsoft.com/en-us/windows/help/internet-explorer/slow-five-tips-to-boostperformance Method 2: Try resetting Internet Explorer and check if it helps: http://windows.microsoft.com/en-us/windows7/Reset-Internet-Explorer-settings Hope it helps.
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DatabaseBen replied on May 18, 2011 maybe your experiencing browser hijacking. download "hijackthis" and run a scan. then review the R0 and R1 groups. there will be numerous entries and some will even looked triplicated. so basically remove all lines that "do not have" the default references of Microsoft, MSN, and Bing then close, reboot and retry yoiur browser. Status - Off line
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Azam K replied on May 18, 2011 Forum Moderator Hi, 1. What is the exact error message do you get? 2. Does this happens with the particular website? I would suggest you to folow these steps and check if it helps: Method 1: Try optimizing Internet Explorer and check if it helps: http://windows.microsoft.com/en-us/windows/help/internet-explorer/slow-five-tips-to-boost-performance Method 2: Try resetting Internet Explorer and check if it helps: http://windows.microsoft.com/en-us/windows7/Reset-Internet-Explorer-settings Hope it helps.
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DatabaseBen replied on May 18, 2011 maybe your experiencing browser hijacking. download "hijackthis" and run a scan. then review the R0 and R1 groups. there will be numerous entries and some will even looked triplicated. so basically remove all lines that "do not have" the default references of Microsoft, MSN, and Bing then close, reboot and retry yoiur browser. Status - Off line
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kclimodriver asked on July 18, 2010 redirect after search
redirect from search - Still being redirected after trying to remove...
After searching in Google, Yahoo, or Bing I hit a link and instead of going to that page I get redirected to a BS shopping site. How can I fix this?
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PA Bear MS MVP replied on July 18, 2010 MVP
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• Which version of the Windows operating system am I running? http://windows.microsoft.com/en-us/windows7/help/which-version-of-the-windows-operatingsystem-am-i-running • Is my PC running the 32-bit or 64-bit version of Windows? http://windows.microsoft.com/en-us/windows7/find-out-32-or-64-bit Always state your full Windows version (e.g., WinXP SP3; WinXP 64-bit SP2; Vista SP1; Vista 64-bit SP2; Win7; Win7 64-bit) as well as your current IE version (e.g., IE6, IE7, IE8) when posting in an IE-specific forum or newsgroup. Please do so in your next reply. There is a very good chance that you are seeing the effects of a hijackware infection! NB: If you had no anti-virus application installed or the subscription had expired *when the machine first got infected* and/or your subscription has since expired and/or the machine's not been kept fullypatched at Windows Update, don't waste your time with any of the below: Format & reinstall Windows. A Repair Install will NOT help! Microsoft PCSafety provides home users (only) with no-charge support in dealing with malware infections such as viruses, spyware (including unwanted software), and adware. https://support.microsoft.com/oas/default.aspx?&prid=7552&st=1 Also available via the Consumer Security Support home page: https://consumersecuritysupport.microsoft.com/ Otherwise... 1. See if you can download/run the MSRT manually: http://www.microsoft.com/security/malwareremove/default.mspx NB: Run the FULL scan, not the QUICK scan! You may need to download the MSRT on a non-infected machine, then transfer MRT.EXE to the infected machine and rename it to SCAN.EXE before running it. 2a. WinXP => Run the Windows Live Safety Center's 'Protection' scan (only!) in Safe Mode with Networking, if need be:http://onecare.live.com/site/en-us/center/howsafe.htm 2b. Vista or Win7=> Run this scan instead: http://onecare.live.com/site/en-us/center/whatsnew.htm 3. Now post the requested logs in an appropriate forum for assistance by an expert in such matters. DO NOT SKIP THIS STEP!! I can recommend the expert assistance offered in these forums: http://spywarehammer.com/simplemachinesforum/index.php?board=10.0, http://www.spywarewarrior.com/viewforum.php?f=5, http://www.dslreports.com/forum/cleanup, http://www.bluetack.co.uk/forums/index.php, and http://aumha.net/viewforum.php?f=30 If these procedures look too complex - and there is no shame in admitting this isn't your cup of tea - take the machine to a local, reputable and independent (i.e., not BigBoxStoreUSA or Geek Squad) computer repair shop.
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~Robear Dyer (PA Bear) ~ MS MVP (IE, Mail, Security, Windows & Update Services) since 2002 ~ Disclaimer: MS MVPs neither represent nor work for Microsoft ~Robear Dyer (PA Bear) MS MVP-Windows Client (IE, Mail, Security & Update Services) since 2002
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peteholmes asked on October 16, 2011
DCOM service process launcher or plug and play shut down. Google...
search engines redirect to fake websites when i use a search engine, either yahoo, google or bing, the results are shown as usual, but the page redirects to various fake websites.
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Shenan Stanley replied on October 16, 2011 Community Star
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Check for malware: Download, install, run, update and perform full system scans with the following two applications: • MalwareBytes (FREE) • SuperAntiSpyware (FREE)
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Removing everything they find. Rebooting when needed. (You can uninstall one or both when done.) Then perform an online scan with the eSet Online Scanner. The less you have running all the time, the better the things you want to run will perform: Use Autoruns to figure out what all is starting up when your computer does/when you log on. Look up anything you do not know about using Google (and/or ask here.) You can hopefully figure out if there are things starting when you computer does (or you logon) that you do not need and then configure them (via their own built-in mechanisms is the preferred method) so they do not start up - using your resources without reason. You can download and utilize Process Explorer to see exactly what is taking up your processor/CPU time and memory. This can help you recognize applications you might want to look into alternatives for and/or get rid of all together. .Shenan Stanley MVP 2005-2010 intermissione in tempore consecuta in damnum de consideraverit .-
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Community Star In reply to Shenan Stanley post on October 16, 2011 Hi Shenan,
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search engines redirect to fake websites - Microsoft Community
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my daughter's computer has this - I ran Malwarebytes, SuperAntiSpyware, PC Tools Disk Doctor, Kaspersky, English MSE and at least one other that I can't remember, NO VIRUSES FOUND! (Unfortunately I didn't have the time to run the on-line scan) I re-set the Hosts file, nothing, nada! The search function still redirects. I'm now presuming that the easiest cure is to backup data and re-install? http://gordonburgessparker.wordpress.com/ Microsoft Community Contributor 2011
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Community Star In reply to Gordon B-P post on December 13, 2011
Hi Shenan, my daughter's computer has this - I ran Malwarebytes, SuperAntiSpyware, PC Tools Disk Doctor, Kaspersky, MSE and at least one other that I can't remember, NO VIRUSES FOUND! (Unfortunately I didn't have the time to run the on-line scan) I re-set the Hosts file, nothing, nada! The search function still redirects. I'm now presuming that the easiest cure is to backup data and re-install?
Does an alternative browser react the same way? (Get a portable version of Firefox or Opera or something.) What is her DNS set to? (Automatic? Static? Likely should be automatic.) Windows firewall still enabled? Some other firewall installed? What type of SOHO router is between her and the Internet? Has it been reset and password(s) changed? Any 'unusual' applications installed (toolbars in particular, but could be an assortment of things that wouldn't necessarily be caught as malware, but...)?
.Shenan Stanley MVP 2005-2010 intermissione in tempore consecuta in damnum de consideraverit .-
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Community Star In reply to Shenan Stanley post on December 13, 2011 Thanks Shenan - everything is on hold as the external power cord/transformer has failed! Can't do anything until a replacement has been obtained! http://gordonburgessparker.wordpress.com/ Microsoft Community Contributor 2011
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Shenan Stanley replied on December 13, 2011
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Community Star In reply to Gordon B-P post on December 13, 2011
Thanks Shenan - everything is on hold as the external power cord/transformer has failed! Can't do anything until a replacement has been obtained!
Good luck with the power issue! That does slow things down. *grin* .Shenan Stanley
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dpvhouse asked on October 6, 2012
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I am experiencing a redirect to different website other than the selected one. I use the Dallas Morning News website for info on the Dallas Cowboys. Now when I use Bing or Google I receive redirects to searchwebresults.com. Also, when I check out IE properties there is a message that says IE is my default browser, check if any other browser comes up, and then 64 bit IE cannot be the default browser. WOW! I'm confused. HELP!
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Chris1029 replied on October 6, 2012 Community Star The browser redirects could be caused by malware. Do you have antivrus software installed and running? update it and run a full scan. If you do not have antivirus software installed you can do a full scan with the windows saftey scanner, to remove the infection. http://www.microsoft.com/security/scanner/en-us/default.aspx X64 versions of windows 7 come with both IE32 and IE64. The x64 version of IE cannot be made the default browser in windows 7. This is by desgin as alot of things are incompatible with it as of yet. The average end iser should be advised to use the x32 version of IE and simply ingore the x64 versions presence. Good luck Chris
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dpvhouse replied on October 20, 2012
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In reply to Chris1029 post on October 6, 2012 Hey Chris thank you for the help. I am presently running Lavasoft AD-Adware. I continually get traces on my scans which I do a full scan every morning at 2am. So far most of the traces have been cookies which I have deleted and cleanned. When I upgraded from Vista to Windows 7, I did have both IE 32bit and IE 64bit. Being the smart guy that I am (joke) I said why do I need a older IE32bit when I now have IE64 bit so I deleted the 32bit. I have tried to download IE 9 again but it stops just short of completion and says that I already have the latest version of IE. What do I do now?
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Chris1029 replied on October 20, 2012
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it seems like lot of people are confused by the whole IE 32 or 64 bit part of windows 7. To get IE 32 back you can create a new shortcut to "C:\Program Files (x86)\Internet Explorer\iexplore.exe" then pin it to the taskbar and start menu. Also are you till getting redirected to strange sites? Chris
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Mark Brownid asked on April 11, 2011 problems in Internet Explorer 8 search using both Bing and google - Search results redirect to a different site that my request
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when I type in a query in the search box for bing or google, it automatically redirects me to a site different from my request. I received a reply today but the solution ideas didn't fix the problem
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Hi, Check these : IE8 Redirect Problems - Possible Causes and Fixing Redirect Problem http://www.brighthub.com/computing/windows-platform/articles/60039.aspx http://ezinearticles.com/?Google-Redirect-Virus-Fix---How-to-Get-Rid-of-Google-Virus&id=2450094 http://ask.metafilter.com/100853/Oh-that-nasty-Google-Redirecting-Virus http://www.geekstogo.com/forum/How-to-fix-Google-Redirects-t267407.html -----------------------------------------------IE - Tools - Internet Options - Advanced Tab - click Restore then click Reset - Apply / OK IE - Tools - Internet Options - Security Tab - click reset all zones to default - Apply / OK Close and Restart IE IE - Tools - Manage Addons (for sure disable SSV2 if it is there, this is no longer needed but Java still installs it and it causes issues - you ever update Java go back in and disable it again.) Look for other possible problems. Windows Defender - Tools - Software Explorer - look for issues with programs that do not look right. Permitted are usually OK and "not permitted" are not always bad. If in doubt about a program ask about it here. Could be a BHO - BHOremover - Free - standalone program, needs no install, download and run - not all are bad however some can cause your issue (Toolbars are BHO's). http://securityxploded.com/bhoremover.php Startup Programs http://www.vistax64.com/tutorials/79612-startup-programs-enable-disable.html Also get Malwarebytes - free - use as scanner only. http://www.malwarebytes.org/
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Do a thorough check as often this sort of malware is accompanied by a much tougher to detect and remove payload. Better to go overboard now rather than pay the price later. These can be done in Safe Mode - repeatedly tap F8 as you boot however you should also run them in regular Windows when you can. TDSSKiller.exe. - Download to the Desktop - then go to it and Right Click on it - RUN AS ADMIN it will show any infections in the report after running - if it will not run change the name from tdsskiller.exe to tdsskiller.com. Whether it finds anything or not does not mean you should not check with the other methods below. http://support.kaspersky.com/viruses/solutions?qid=208280684 Download malwarebytes and scan with it, run MRT, and add Prevx to be sure it is gone. (If Rootkits run UnHackMe) Download - SAVE - go to where you put it - Right Click on it - RUN AS ADMIN Malwarebytes - free http://www.malwarebytes.org/ Run the Microsoft Malicious Removal Tool Start - type in Search box -> MRT find at top of list - Right Click on it - RUN AS ADMIN. You should be getting this tool and its updates via Windows Updates - if needed you can download it here. Download - SAVE - go to where you put it - Right Click on it - RUN AS ADMIN (Then run MRT as above.) Microsoft Malicious Removal Tool - 32 bit http://www.microsoft.com/downloads/details.aspx?FamilyID=AD724AE0-E72D-4F54-9AB375B8EB148356&displaylang=en Microsoft Malicious Removal Tool - 64 bit http://www.microsoft.com/downloads/details.aspx?FamilyId=585D2BDE-367F-495E-94E76349F4EFFC74&displaylang=en also install Prevx to be sure it is all gone. Download - SAVE - go to where you put it - Right Click on it - RUN AS ADMIN Prevx - Home - Free - small, fast, exceptional CLOUD protection, works with other security programs. This is a scanner only, VERY EFFECTIVE, if it finds something come back here or use Google to see how to remove. http://www.prevx.com/ MRT find at top of list - Right Click on it - RUN AS ADMIN. You should be getting this tool and its updates via Windows Updates - if needed you can download it here. Download - SAVE - go to where you put it - Right Click on it - RUN AS ADMIN (Then run MRT as above.) Microsoft Malicious Removal Tool - 32 bit http://www.microsoft.com/downloads/details.aspx?FamilyID=AD724AE0-E72D-4F54-9AB375B8EB148356&displaylang=en Microsoft Malicious Removal Tool - 64 bit http://www.microsoft.com/downloads/details.aspx?FamilyId=585D2BDE-367F-495E-94E76349F4EFFC74&displaylang=en also install Prevx to be sure it is all gone. Download - SAVE - go to where you put it - Right Click on it - RUN AS ADMIN Prevx - Home - Free - small, fast, exceptional CLOUD protection, works with other security programs. This is a scanner only, VERY EFFECTIVE, if it finds something come back here or use Google to see how to remove. http://www.prevx.com/ MRT find at top of list - Right Click on it - RUN AS ADMIN. You should be getting this tool and its updates via Windows Updates - if needed you can download it here. Download - SAVE - go to where you put it - Right Click on it - RUN AS ADMIN (Then run MRT as above.) Microsoft Malicious Removal Tool - 32 bit http://www.microsoft.com/downloads/details.aspx?FamilyID=AD724AE0-E72D-4F54-9AB375B8EB148356&displaylang=en Microsoft Malicious Removal Tool - 64 bit http://www.microsoft.com/downloads/details.aspx?FamilyId=585D2BDE-367F-495E-94E76349F4EFFC74&displaylang=en also install Prevx to be sure it is all gone. Download - SAVE - go to where you put it - Right Click on it - RUN AS ADMIN Prevx - Home - Free - small, fast, exceptional CLOUD protection, works with other security programs. This is a scanner only, VERY EFFECTIVE, if it finds something come back here or use Google to see how to remove. http://www.prevx.com/ Run 2. Type MSCONFIG in the "Open:" box and then either press enter on your keyboard or click on the OK button. 3. This launches Microsoft's System Configuration Utility. Click on the Startup tab (the tab at the far right). 4. This takes you to a page with a list of "startup items." Startup items are programs that are automatically loaded every time you turn on your computer. Some startup programs are absolutely necessary, others are simply a waste of RAM. Remember, disable only those programs that you recognize and don't need to have running all the time. When in doubt, leave it on. 5. Click on the OK button. 6. A message will pop up telling you that you must restart your computer before these changes will take effect. Click on "Yes" and your computer will automatically reboot. 7. That's it! Your computer should now boot faster and crash less. Download a free antivirus software, we have a few links on the button of a faq's page http://www.unlimitedtechnicalsupport.com/faq.htm And you should also update your Antivirus software and run a virus scan, If the problem persist contact support http://www.unlimitedtechnicalsupport.com 2 years ago Report Abuse
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Winlogon is infected and the best way to remove the virus is ny formatting your system then install avast! and make it up to date then you will never infected by this virus or another virus BUT be careful , install avast before any program maybe you have an program or file have Win32:Bamital-x Virus 2 years ago Report Abuse
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Download malwarebytes and make a full scan.This might help :) 2 years ago Report Abuse
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06-29-2012 04:06 PM Norton is not able to remove these threats and I have been constantly notified that my computer is under attack. I've run Malware Bytes and Spybot Search and Destroy. Neither worked. I also ran Norton Power Eraser and received a message that said the processes of explorer.exe, svchost.exe and winlogon.exe are Bad. I think that this is where the Trojan's have attached themselves. I was unable to run Norton for a few days and downloaded AVG. Total Crap. It allowed these to infect my computer after years of Norton keeping it clean. I have upgraded Norton today and am running Norton Internet Security 2012. My son used IE last night instead of Firefox to browse the internet (FB, Youtube and Pandora). I believe this is when it happened and I've spent all day trying to get this off of my computer. AND this "Adobe Flash Player Installer" keeps trying to load over and over but I think it's associated with the whole Trojan outbreak on my computer. PLEASE!!!! Any help will be appreciated!!! Solved! Go to Solution.
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06-29-2012 06:28 PM dickevans Super Bot Obliterator
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mel032901 wrote: Norton is not able to remove these threats and I have been constantly notified that my computer is under attack. I've run Malware Bytes and Spybot Search and Destroy. Neither worked. I also ran Norton Power Eraser and received a message that said the processes of explorer.exe, svchost.exe and winlogon.exe are Bad. I think that this is where the Trojan's have attached themselves. I was unable to run Norton for a few days and downloaded AVG. Total Crap. It allowed these to infect my computer after years of Norton keeping it clean. I have upgraded Norton today and am running Norton Internet Security 2012. My son used IE last night instead of Firefox to browse the internet (FB, Youtube and Pandora). I believe this is when it happened and I've spent all day trying to get this off of my computer. AND this "Adobe Flash Player Installer" keeps trying to load over and over but I think it's associated with the whole Trojan outbreak on my computer. PLEASE!!!! Any help will be appreciated!!!
Welcome, I cannot help you. We do have an expert who specializes in this type of problem. A couple of cautions. First, do not attempt to run and more 'fixers'. At best they do nothing, at worst they may make it impossible to clean up. Second, when Quads starts helping please follow his instructions exactly. He is a volunteer. He may be in a different time zone so be patient and wait for his instructions. Stay well and surf safe Dick Win7x64 SP1 current NIS2013
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06-29-2012 06:31 PM Thanks! Will do.
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06-29-2012 06:38 PM ANY other user other than the thread starter is not to use any instructions, scripts or proceedures, The work though in cleaning a system is individual and only for that system due to a number of factors.
Please do not run any tools unless instructed to do so. • We ask you to run different tools in a specific order to ensure the malware is completely removed from your machine, and running any additional tools may detect false positives, interfere with our tools, or cause unforeseen damage or system instability. Do as the instructions ask nothing extra or run things twice • If I ask a Question just answer it, don't run anything unless it states. • Major steps used: 1. Find 2. Break 3. Destroy 4. Cleanup (including system as a whole) Please read every post completely before doing anything. • Pay special attention to the NOTE: lines, these entries identify an individual issue or important step in the cleanup process. • Logs from malware removal programs (OTL is one of them) can take some time to analyze. I need you to be patient while I analyze any logs you post. Please remember, I am a volunteer, and I do have a life outside of these forum, (sometimes
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• Attention to detail is important! Since I cannot see or directly interact with your computer I am dependent on you to "be my eyes" and provide as much information as you can regarding the current state of your computer. You have made a bigger hole for yourself, Norton AVG, Spybot S&D............................ Uninstall Spybot and AVG, then use AVG's Removal tool. What is your operating system and include whether 32 bit or 64 bit?? Quads Report Inappropriate Content Message 4 of 74 (816 Views)
mel032901 Contributor
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06-29-2012 06:50 PM Thank you for your help. I realize that loading AVG was a bad idea. I still had Norton on my computer but just could not update it at the time. I'm running Windows XP 32 bit. I've removed Spybot and AVG (earlier) but whatever is going on with this computer, I'm unable to get to the AVG removal tool. I'm being redirected like crazy on my browser (Firefox).
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06-29-2012 06:59 PM dickevans
hxxp://www.avg.com/us-en/utilities change the 'xx' to 'tt'
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Dick Win7x64 SP1 current NIS2013
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06-29-2012 07:02 PM Awesome. Thank you! Downloading now.
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06-29-2012 07:06 PM AVG removal tool has finished running.
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06-29-2012 07:17 PM
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What is detected as Trojan.Gen.2 and Trojan.Gen etc. Quads
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06-29-2012 07:38 PM
Posts: 48 Registered: 06-29-2012
Trojan.Gen c:\windows\installer\{5fff96ff-f4b8-7d87-ec73-42df1fdf4954}\u\00000008.@ there are about 3 pages on my Quarantine/Blocked list of different instances of this using different ending variables: 00000004.@ 000000cb.@ etc. It is a long list and I didn't seen any .Gen2 at this time but I did see them earlier. And a constant barrage of the System Infected: Bamital Trojan Activity 3 from differing Attacker URLs all stemming from my computer trying to access the internet (as Norton is detecting, thank goodness)
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Computing.Net > Forums > Security and Virus > Viruses > how to remove win32: Bamital A O in winlogon.
How To Remove Win32: Bamital A O In Winlogon. Tags: internet security Windows Win32
Briefly descr chris1972 November 28, 2010 at 06:40:45 Pacific Specs: Windows XP, core duo 3ghz/ 4gb
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Hi i somehow got this annoying virus ive tried everything to remove it combofix dosent work nether does avas to have infected both winlogon and explorer Ive run multiple scans and it comes out the same bootscan tells m
is read only and cannot be repaired deleted or moved to the chest. Im at witts end with this as there seems to to remove it. I would aprecciate any help i can get to help remove this the virus name i get is win32 identified by Avast Internet Security Thousands
my last combofix log ComboFix 10-11-27.01 - metalman 11/28/2010 7:27:08.2.2 - x86
Microsoft Windows XP Professional 5.1.2600.2.1252.1.1033.18.1535.1126 [GMT -5:00] Running from: C:\Documents and Settings\metalman.HOME-590B3A0478\My Documents\Downloads\ComboF Command switches used :: remove AV: avast! Internet Security *On-access scanning disabled* (Updated) {7591DB91-41F0-48A3 FW: avast! Internet Security *disabled* {7591DB91-41F0-48A3-B128-1A293FD8233D} . ((((((((((((((((((((((((((((((((((((((( Other Deletions ))))))))))))))))))))))))))))))))))))))))))))))))) . C:\Documents and Settings\Metalman\.COMMgr C:\Install.exe C:\Program Files\filesubmit C:\WINDOWS.0\erularej.dll C:\WINDOWS.0\Tasks\At10.job C:\WINDOWS.0\Tasks\At11.job C:\WINDOWS.0\Tasks\At12.job
Weekly Po Do you think
C:\WINDOWS.0\Tasks\At13.job
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C:\WINDOWS.0\Tasks\At14.job C:\WINDOWS.0\Tasks\At15.job C:\WINDOWS.0\Tasks\At16.job C:\WINDOWS.0\Tasks\At17.job
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mikelinus November 28, 2010 at 08:14:29 Pacific
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looking in your logs I would suggest that you look at MSConfigStartUp-Stuvuke - C:\WINDOWS.0\erularej.dll ussually windows.0 is a non standard install unless of course there are two operating systems on your computer. or there was a reinstall mike
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#2
mikelinus November 28, 2010 at 08:47:00 Pacific
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also the series of tasks that are listed with at...job are a symptom of a virus that spreads though file sharing. I would suggest researching the conflicker virus. I would also look to see how many rundll32.exe processes are running. this may have been removed through combo fix. but thats probably the origional infection. then look here: http://www.symantec.com/security_re... for bamital
mike Report •
#3
chris1972 November 28, 2010 at 09:55:42 Pacific
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http://www.computing.net/answers/security/how-to-remove-win32-bamital-a-o-in-winlogon... 1/8/2013
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2 yes the windows.0 was from a reinstall did the conflcker test came up with everythings normal checked my taskmanager i dont even have 1 rundll32.exe's running as before i had tons the link you provided me was for symantec software of which i have none I really want to get rid of this crap on my computer any other ideas?? Report •
Related Posts › Bamital › Bamital.DX trojan › How do I remove a virus from explorer.exe? › eset nod 32 anitvirus update See More ↓
#4
mikelinus November 28, 2010 at 10:53:18 Pacific
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2
I would suggest running malwarebytes as well. I know that you have avast and a couple of other things too. these need to be stopped temporarily before running malawarebytes. however I would run this in safe mode, maybe even from the command prompt option. I also recommend running vundofix. it looks like your system was partially cleaned which is why i am having a hard time finding the actual infection. As for if that doesn't work, I am still looking for manual removal options for you.
mike Report •
#5
chris1972 November 28, 2010 at 13:01:15 Pacific
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right now im running the online eset scanner then ill try running malwarebytes as for the vundofix i havent tried that yet but will ill post the eset log here when its done im hoping something will work Report •
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#6
chris1972 November 28, 2010 at 13:07:06 Pacific
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heres the log from eset now im going to try vundofix and then malwarebytes I hope this helps you figure out how to remove it C:\Documents and Settings\All Users.WINDOWS.0\Application Data\SafeReturner\Quarantine\explorer.exe.vir Win32/Bamital.EV trojan deleted quarantined C:\Documents and Settings\All Users.WINDOWS.0\Application Data\SafeReturner\Quarantine\winlogon.exe.vir Win32/Bamital.EV trojan deleted quarantined C:\Documents and Settings\metalman.HOME-590B3A0478\My Documents\Downloads\registrybooster.exe a variant of Win32/RegistryBooster application deleted - quarantined C:\Documents and Settings\metalman.HOME-590B3A0478\My Documents\Downloads\appz\MsgPlusLive-483.exe a variant of Win32/Adware.CiDHelp application cleaned by deleting - quarantined C:\Qoobox\Quarantine\C\WINDOWS.0\erularej.dll.vir a variant of Win32/Cimag.EE trojan cleaned by deleting - quarantined C:\WINDOWS\system32\asr_acbdk probably a variant of BAT/TrojanDownloader.Agent.MWNWNCW trojan cleaned by deleting - quarantined C:\WINDOWS\system32\asr_asdqz probably a variant of BAT/TrojanDownloader.Agent.MWNWNCW trojan cleaned by deleting - quarantined C:\WINDOWS\system32\asr_cyifw probably a variant of BAT/TrojanDownloader.Agent.MWNWNCW trojan cleaned by deleting - quarantined C:\WINDOWS\system32\asr_ehbcv probably a variant of BAT/TrojanDownloader.Agent.MWNWNCW trojan cleaned by deleting - quarantined C:\WINDOWS\system32\asr_fnpmo probably a variant of BAT/TrojanDownloader.Agent.MWNWNCW trojan cleaned by deleting - quarantined C:\WINDOWS\system32\asr_hkftb probably a variant of BAT/TrojanDownloader.Agent.MWNWNCW trojan cleaned by deleting - quarantined C:\WINDOWS\system32\asr_hvnex probably a variant of
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#7
chris1972 November 28, 2010 at 13:45:05 Pacific
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2
having trouble running malwarebytes from the command box in safe mode what do i type in to run it ive tried a few different lines and nothing worked! whats the command line to run it. Report •
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#8 Score
mikelinus November 29, 2010 at 03:54:50 Pacific
2
im away from my computer until tues. it looks like the last scan found a few though. id say run malware from regular safe mode.
mike Report •
#9 Score
BoT January 26, 2011 at 16:51:36 Pacific
3
you cant!!!! even my NOD32 cant fix it!!!!!!!! you need download Hitman Pro 3.5 Anti-malware and scanned again there is option you see for replacement for this 2 files and you need win cd Report •
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Win32/Bamital (?) Encyclopedia entry Updated: Sep 14, 2011 | Published: May 27, 2011 Aliases Not available Alert Level (?) Severe Antimalware protection details Microsoft recommends that you download the latest definitions to get protected.
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Summary Win32/Bamital is a family of malware that intercepts web browser traffic and prevents access to certain security Bamital variants may also modify certain legitimate Windows files in order to execute their payload. Top
Symptoms System changes The following system changes may indicate the presence of this malware:
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• Attempts to access the following servers, for example via your browser or an antivirus program, fail: ◦ ahnlab.com ◦ akamai.avg.com ◦ aladdin.com ◦ anti-virus.by ◦ antivir.es ◦ antiy.net ◦ authentium.com ◦ avast.com ◦ avg.com ◦ avp.com ◦ avp.ru ◦ avpg.crsi.symantec.com ◦ backup.avg.cz ◦ bancoguayaquil.com ◦ bcpzonasegura.viabcp.com ◦ bitdefender.com ◦ clamav.net ◦ comodo.com ◦ customer.symantec.com ◦ dispatch.mcafee.com ◦ download.mcafee.com ◦ download.microsoft.com ◦ downloads.microsoft.com ◦ downloads1.kaspersky-labs.com ◦ downloads2.kaspersky-labs.com ◦ downloads3.kaspersky-labs.com ◦ downloads4.kaspersky-labs.com ◦ downloads5.kaspersky-labs.com ◦ drweb.com ◦ emsisoft.com ◦ eset.com ◦ eset.es ◦ f-prot.com ◦ f-secure.com ◦ fortinet.com ◦ gdata.es ◦ go.microsoft.com
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◦ grisoft.com ◦ hacksoft.com.pe ◦ ikarus.at ◦ kaspersky-labs.com ◦ kaspersky.com ◦ kaspersky.ru ◦ liveupdate.symantec.com ◦ liveupdate.symantecliveupdate.com ◦ macafee.com ◦ mast.mcafee.com ◦ mcafee.com ◦ microsoft.com ◦ msdn.microsoft.com ◦ my-etrust.com ◦ networkassociates.com ◦ nod32.com ◦ norman.com ◦ norton.com ◦ nprotect.com ◦ pandasecurity.com ◦ pandasoftware.com ◦ pctools.com ◦ pif.symantec.com ◦ pifmain.symantec.com ◦ rads.mcafee.com ◦ rising-global.com ◦ scanner.novirusthanks.org ◦ secure.nai.com ◦ securityresponse.symantec.com ◦ service1.symantec.com ◦ sophos.com ◦ sunbeltsoftware.com ◦ support.microsoft.com ◦ symantec.com ◦ threatexpert.com ◦ trendmicro.com ◦ u2.eset.com ◦ u20.eset.com
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◦ u3.eset.com ◦ u4.eset.com ◦ u7.eset.com ◦ update.avg.com ◦ update.microsoft.com ◦ update.symantec.com ◦ updates.symantec.com ◦ updates1.kaspersky-labs.com ◦ updates2.kaspersky-labs.com ◦ updates3.kaspersky-labs.com ◦ us.mcafee.com ◦ viabcp.com ◦ virscan.org ◦ virusbuster.hu ◦ viruslist.com ◦ viruslist.ru ◦ virusscan.jotti.org ◦ virustotal.com ◦ windowsupdate.microsoft.com • The presence of the following files: explorer.dat winlogon.dat
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Technical Information (Analysis) Win32/Bamital is a family of malware that intercepts web browser traffic and prevents access to certain security file. Bamital variants may also modify certain legitimate Windows files in order to execute their payload. Installation Win32/Bamital may be dropped and loaded into "spoolsv.exe" by TrojanDropper:Win32/Bamital.D. Win32/Bamital tries to connect to a remote server to report infection of the affected computer. Payload Redirects user searches
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Win32/Bamital connects to a remote host to obtain configuration data. The data contains destination hosts, which are use searches performed by the user with Google, Yahoo!, or Bing. Intercepts web traffic Win32/Bamital tries to inject its code into running web browser processes, for example, "iexplore.exe", "firefox.exe browser traffic and redirect search engine results. Modifies Hosts file
Win32/Bamital modifies the Windows Hosts file. The local Hosts file overrides the DNS resolution of a website URL to a pa software may make modifications to the Hosts file to redirect specified URLs to different IP addresses. Malware often mod users from accessing websites associated with particular security-related applications (such as antivirus for example). following hosts in order to prevent affected users from accessing them: • ahnlab.com • akamai.avg.com • aladdin.com • anti-virus.by • antivir.es • antiy.net • authentium.com • avast.com • avg.com • avp.com • avp.ru • avpg.crsi.symantec.com • backup.avg.cz • bancoguayaquil.com • bcpzonasegura.viabcp.com • bitdefender.com • clamav.net • comodo.com • customer.symantec.com • dispatch.mcafee.com • download.mcafee.com • download.microsoft.com • downloads.microsoft.com • downloads1.kaspersky-labs.com • downloads2.kaspersky-labs.com • downloads3.kaspersky-labs.com • downloads4.kaspersky-labs.com • downloads5.kaspersky-labs.com
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• drweb.com • emsisoft.com • eset.com • eset.es • f-prot.com • f-secure.com • fortinet.com • gdata.es • go.microsoft.com • grisoft.com • hacksoft.com.pe • ikarus.at • kaspersky-labs.com • kaspersky.com • kaspersky.ru • liveupdate.symantec.com • liveupdate.symantecliveupdate.com • macafee.com • mast.mcafee.com • mcafee.com • microsoft.com • msdn.microsoft.com • my-etrust.com • networkassociates.com • nod32.com • norman.com • norton.com • nprotect.com • pandasecurity.com • pandasoftware.com • pctools.com • pif.symantec.com • pifmain.symantec.com • rads.mcafee.com • rising-global.com • scanner.novirusthanks.org • secure.nai.com • securityresponse.symantec.com
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• service1.symantec.com • sophos.com • sunbeltsoftware.com • support.microsoft.com • symantec.com • threatexpert.com • trendmicro.com • u2.eset.com • u20.eset.com • u3.eset.com • u4.eset.com • u7.eset.com • update.avg.com • update.microsoft.com • update.symantec.com • updates.symantec.com • updates1.kaspersky-labs.com • updates2.kaspersky-labs.com • updates3.kaspersky-labs.com • us.mcafee.com • viabcp.com • virscan.org • virusbuster.hu • viruslist.com • viruslist.ru • virusscan.jotti.org • virustotal.com • windowsupdate.microsoft.com Modifies Windows files Some variants of Win32/Bamital attempt to modify the following legitimate Windows files: • winlogon.exe • explorer.exe Detection for the modified files are detected as variants of Virus:Win32/Bamital. Note: The original copies of "explorer.exe" and "winlogon.exe" are saved to "%windir%\temp" by the virus as " The modified system files attempt to load a single DLL file. Possible file names for the loaded file include: • \kb.dll,
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• \ms.dll, • \nt.dll, • \zx.dll, • \k.dll , • \b.dll , • \w.dll , This DLL file is used to load a data file, for example "c: \windows\sytem32\hlp", which contains the bulk of the as Trojan:Win32/Bamital. Analysis by Scott Molenkamp Top
Prevention Take the following steps to help prevent infection on your computer: • Enable a firewall on your computer. • Get the latest computer updates for all your installed software. • Use up-to-date antivirus software. • Limit user privileges on the computer. • Use caution when opening attachments and accepting file transfers. • Use caution when clicking on links to webpages. • Avoid downloading pirated software. • Protect yourself against social engineering attacks. • Use strong passwords. Enable a firewall on your computer Use a third-party firewall product or turn on the Microsoft Windows Internet Connection Firewall. • How to turn on the Windows Firewall in Windows 7 • How to turn on the Windows Firewall in Windows Vista • How to turn on the Windows firewall in Windows XP Get the latest computer updates
Updates help protect your computer from viruses, worms, and other threats as they are discovered. It is important to insta installed in your computer. These are usually available from vendor websites. Instructions on how to download the latest v is available from the following:
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• Microsoft Malware Protection Center - Updating Software
You can use the Automatic Updates feature in Windows to automatically download future Microsoft security updates whil connected to the Internet. • How to turn on Automatic Updates in Windows 7 • How to turn on Automatic Updates in Windows Vista • How to turn on Automatic Updates in Windows XP Use up-to-date antivirus software
Most antivirus software can detect and prevent infection by known malicious software. To help protect you from infection, software, such as Microsoft Security Essentials, that is updated with the latest signature files. For more information, see http://www.microsoft.com/windows/antivirus-partners/. Limit user privileges on the computer
Starting with Windows Vista and Windows 7, Microsoft introduced User Account Control (UAC), which, when privileges. This scenario limits the possibility of attacks by malware and other threats that require administrative privileges You can configure UAC in your computer to meet your preferences: • User Account Control in Windows 7 • User Account Control in Windows Vista • Applying the Principle of Least Privilege in Windows XP • More on User Account Control Use caution when opening attachments and accepting file transfers
Exercise caution with email and attachments received from unknown sources, or received unexpectedly from known sourc accepting file transfers from known or unknown sources. Use caution when clicking on links to webpages
Exercise caution with links to webpages that you receive from unknown sources, especially if the links are to a webpage th of the destination of, or suspicious of. Malicious software may be installed in your computer simply by visiting a webpage Avoid downloading pirated software
Threats may also be bundled with software and files that are available for download on various torrent sites. Downloading from these sites carries not only the risk of being infected with malware, but is also illegal. For more information, see ' software'. Protect yourself from social engineering attacks
While attackers may attempt to exploit vulnerabilities in hardware or software to compromise a computer, they also attem human behavior to do the same. When an attacker attempts to take advantage of human behavior to persuade the affecte
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attacker's choice, it is known as 'social engineering'. Essentially, social engineering is an attack against the human
more information, see 'What is social engineering?'. Malware Protection Center
Threat Research and Response Use strong passwords
Attackers may try to gain access to your Windows account by guessing your password. It is therefore important that you u cannot be easily guessed by an attacker. A strong password is one that has at least eight characters, and combines letters, information, see http://www.microsoft.com/protect/yourself/password/create.mspx. Top
Recovery To detect and remove this threat and other malicious software that may be installed on your computer, run a full date, security solution. The following Microsoft products detect and remove this threat: • Microsoft Security Essentials • Microsoft Safety Scanner • Microsoft Windows Malicious Software Removal Tool For more information on antivirus software, see http://www.microsoft.com/windows/antivirus-partners/.
This malware creates entries in the Hosts file to prevent access to certain websites. To recreate a clean Hosts file, please re • Recreating a clean Hosts file: http://support.microsoft.com/kb/972034
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EXHIBIT 22
MICROSOFT SOFTWA RE LICENSE A GREEMENT WITH COMPUTER MA NUFA CTURER OR SOFTWARE INSTALLER WINDOWS 8 Thank you for choosing a computer preinstalled with Microsoft Windows 8. This is a license agreement between you and the computer manufacturer or software installer that distributes the Windows 8 software with the computer. This agreement describes your rights to use the Windows 8 software. For your convenience, we’ve organized this agreement into two parts. The first part includes introductory terms phrased in a question and answer for mat; the Additional Terms and Limited Warranty follow and contain greater detail. You should review the entire agreement, including any linked terms, because all of the terms are important and together create this contract that applies to you. You can review linked terms by pasting the forward link into your browser window once the software is running. The Addit ional Ter ms contain a binding arbitration clause and class act ion waiver. If you live in the United States, these affect your rights to resolve a dispute with the manufacturer or installer, or with Microsoft, and you sho uld read them carefully. By accept ing this agreement or using the soft ware, you agree to all of these terms and consent to the transmission of certain infor mat ion during act ivation and for Internet -based features of the software. If you do not accept and c omply with these ter ms, you may not use the software or features. Instead, you may contact the manufacturer or installer to determine its return policy and return the software or computer for a refund or credit under that policy. You must comply with that policy, which might require you to return the software with the entire computer on which the software is installed for a refund. How can I use the software? The software is licensed, not sold. Under this agreement, we grant you the right to install and r un one copy only on the computer with which you acquired the software (the licensed computer), for use by one person at a time, but only if you comply with all the terms of this agreement. The software is not licensed to be used as server software or for commercial hosting – for example, you may not make the software available for simultaneous use by multiple users over a networ k. For more information on multiple user scenarios and virtualization, see the Additional Terms. May I make a backup copy ? Yes, you may make a single copy of the software for backup purposes, and use that backup copy as described below. Can I transfer the software to another user? You may transfer the software directly to another user, only with the licensed computer. The transfer must include the software, proof of purchase, and, if provided with the computer, an authentic Windows label such as the certificate of authenticity label including the product key. You may not keep any copies of the software or any earlier version. Before any permitted transfer, the other par ty must agree that this agreement applies to the transfer and use of the software. How does Internet activation wor k? The first time you connect to the Internet while using the software, the software will automatically contact Micr osoft or its affiliate to confirm the software is genuine, and the license is associated with the licensed computer. This pr ocess is called “activation”. Because activation is meant to identify unauthorized changes to the licensing or activation functions of the software, and to otherwise prevent unlicensed use of the software, you may not bypass or circumvent activat ion. Does the soft ware collect my personal infor mat ion? If you connect your computer to the Internet, some features of the software ma y connect to Microsoft or service provider computer systems to send or receive information, including personal information. You may not always receive a separate notice w hen they connect. If you choose to use any of these features, you agree to send or receive this information
when using that feature. Many of these features can be switched off or you can choose not to use them. How does Micr osoft use your infor mat ion? Micr osoft uses the information it collects through the software features to upgrade or fix the software and otherwise improve its products and services. In certain circumstances, Microsoft also shares it with others. For example, Microsoft shares error reports with relevant hardware and software vendors, so that the vendors can use the information to improve how their products run with Microsoft products. You agree that Microsoft may use and disclose the information as described in Microsoft’s Privacy Statement at go.microsoft.com/fwlink/?LinkId=190175. What does this agreement apply to? This agreement (including any printed-paper license terms that accompany the software) applies to the software, the media on which you received the software (if any), and any Microsoft updates, supplements, and ser vices for the software, unless other terms come w ith them. It also applies to Windows apps that are included with Windows 8, which are separate from the software features. Standard Application License Terms at go.micr osoft.com/fwlink/?linkid=246694 (Windows Store Terms of Use) gover n any preinstalled apps that are not Windows apps, unless other terms are provided with such apps. Are there things I’ m not allowed to do with the software? Yes. Because the software is licensed, not sold, the manufacturer or installer and Microsoft reserve all rights (such as rights under intellectual property laws) not expressly granted in this agreement. In particular, this license does not give you any right to, and you may not: use or virtualize features of the software separately; publish, copy (other than the permitted ba ckup copy), rent, lease, or lend the software; transfer the software (except as permitted by this agreement); attempt to circumvent technical pr otection measures in the software; or reverse engineer, decompile, or disassemble the software, except if the laws where you live permit this even when this agreement does not. In that case, you may do only what your law allows. When using Internet-based features or Microsoft Family Safety, you may not use those features in any way that could interfere with anyone else’s use of them, or to tr y to gain access to any ser vice, data, account, or networ k in an unauthorized manner. ADDITIONA L TERMS 1.
License Rights and Mult i User Scenar ios
a. Computer. In this agreement, “computer” means a hardware system (whether physica l or virtual) with an internal storage device capable of r unning the software. A hardware par tition or blade is considered a computer. The software is licensed to run on up to only one processor on the licensed computer. b. Multiple versions. The software includes multiple versions (such as 32-bit and 64-bit versions), and you may install only one of those versions at a time. Installing the 32- bit version of Windows 8 on this system requires a change to the BIOS settings to legacy BIOS mode. If you switch back to the 64- bit version of Windows 8 from the 32-bit version of Windows 8, you should revert back to the original BIOS settings. If you do not rever t back to these BIOS settings when switching back to the 64-bit version, the following Windows 8 functio nalities will not wor k as they rely on UEFI mode boot: ·
Secure Boot,
·
Seamless Boot experience,
·
Netw ork unlock for Bitlocker for computer with a Trusted Platform Module (TPM); and
·
eDrive support.
Reverting back to UEFI mode will require a har d drive reformat. All data and personal settings will be lost. It is highly recommended that you back up your data before you rever t back to UEFI mode. c. Multiple or pooled connections. Har dware or software you use to multiplex or pool connections, or to reduce the number of devices or users that access or use the software, does not reduce the number of licenses you need. You may use such hardware or software only if you have a license for each copy of the software you are using. d. Device connections. You may allow up to 20 other devices to access the software installed on the licensed computer for the pur pose of using file services, print services, Inter net information services, and Internet connection sharing and telephony services on the licensed computer. You may allow any number of devices to access the software on the licensed computer to synchronize data between devices. This section does not mean, however, that you have the right to install the software, or use the primary function of the software (other than the features listed in this section) on any of these other devices. e. Use in a vir tualized environment. If you use virtualization software to create one or more vir tual computers on a single computer hardware system, each virtual computer, and the physical computer, is considered a separate computer for purposes of this agreement. This license allows you to install only one copy of the software for use on one computer, whether that computer is physical or vir tual. If you want to use the software on more than one virtual computer, you must obtain separate copies of the software and a separate license for each copy. Content protected by digital rights management technology or other full- volume disk drive encryption technology may be less secure in a virtualized environment. f. Remote access. The software contains Remote Desktop and Remote Assistance technologies that enable the software or applications installed on the licensed c omputer to be accessed remotely from other devices. · Remote Desktop. Remote Desktop or similar technologies is licensed for outbound use from this computer. You may access certain editions of Windows software running on a separately licensed host pc from this computer, by using Remote Desktop. · Remote Assistance. You may use Remote Assistance or similar technologies to share an active session without obtaining any additional licenses for the software. Remote Assistance allows one user to directly connect to another user’s computer, usually to correct problems. 2.
Binding Arbitration and Class Action Waiver
a. Application. T his Section 2 applies to any dispute EXCEPT IT DOES NOT INCL UDE A DISPUTE RELATING TO THE ENFORCEMENT OR VALIDITY OF YOUR, THE MA NUFA CTURER’ S OR INSTALLER’S, OR EITHER OF OUR LICENSORS’ INTELLECTUAL PROPERTY RIGHTS. Dispute means any dispute, action, or other controversy between you and the manufacturer or installer, or you and Micr osoft, concerning the software (including its price) or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the br oadest possible meaning allowable under law. b. Notice of dispute. In the event of a dispute, you or the manufacturer or installer must give the other a Notice of Dispute, which is a written statement of the name, address, and contact inform ation of the par ty giving it, the facts giving rise to the dispute, and the relief requested. Send it by U.S. Mail to the manufacturer or installer, ATTN: LEGAL DEPARTMENT. The manufacturer or installer will send any Notice of Dispute to your U.S. Mail address if available, or otherwise to your e-mail address. You and the manufacturer or installer will attempt to resolve any dispute through informal negotiation within 60 days from the date the Notice of Dispute is sent. After 60 days, you or the manufactur er or installer may
commence arbitration. c. Small claims cour t. You may also litigate any dispute in small claims court in your county of residence or the manufacturer’s or installer’s principal place of business, if the dispute meets all requirements to be heard in the small claims court. You may litigate in small claims court w hether or not you negotiated informally first. d. Binding arbitration. If you and the manufacturer or installer, or Microsoft, do not resolve any dispute by infor mal negot iation or in small claims court, any other effort to resolve the dispute will be conducted exclusively by binding arbitration. You are giv ing up the r ight to lit igate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any cour t with jurisdiction over the parties may enforce the arbitrator’s award. e. Class action waiver. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you, the manufacturer or installer, nor Microsoft, will seek to have any dispute heard as a class action, as a pr ivate att orney general action, or in any other proceeding in which any party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined wit h another without the prior wr itten consent of all part ies to all affected arbitratio ns or proceedings. f. Arbitration procedure. Any arbitration will be conducted by the American Arbitration Association (the “AAA”), under its Commercial Arbitration Rules. If you are an individual and use the software for personal or household use, or if the value of the dispute is $75,000 or less w hether or not you are an individual or how you use the software, the AAA Supplementary Procedures for Consumer -Related Disputes will also apply. To commence arbitration, submit a Commercial Arbitration Rules Dema nd for Arbitration form to the AAA. You may request a telephonic or in-person hearing by following the AAA rules. In a dispute involving $10,000 or less, any hearing will be telephonic unless the ar bitrator finds good cause to hold an in-person hearing instead. For more information, see adr.org or call 1-800-778-7879. You agree to commence arbitration only in your county of residence or in the manufacturer’s or installer’s principal place of business. The manufacturer or installer agrees to commence arbitra tion only in your county of residence. The arbitrator may award the same damages to you individually as a court could. The arbitrator may awar d declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your individual claim. g.
Arbitration fees and incentives. i.
Disputes involving $75,000 or less. The manufacturer or installer will promptly reimburse your filing fees and pay the AAA’s and arbitrator’s fees and expenses. If you reject the manufacturer’s or installer’s last written settlement offer made before the arbitrator was appointed (“last written offer”), your dispute goes all the way to an arbitrator’s decision (called an “award”), and the arbitrator awards you more than the last written offer, the manufacturer or installer will give you three incentives: (1) pay the greater of the award or $1,000; (2) pay twice your reasonable attor ney’s fees, if any; and (3) reimburse any expenses (including expert witness fees and costs) that your attor ney reasonably accr ues for investigating, preparing, and pursuing your claim in arbitration. The arbitrator will determine the amounts.
ii.
Disputes involving more than $75,000. T he AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses.
iii. Disputes involving any amount. In any arbitration you commence, the manufacturer or installer will seek its AAA or arbitrator’s fees and expenses, or your filing fees it reimbursed, only if the
arbitrator finds the arbitration frivolous or brought for an improper purpose. In any arbitration the manufacturer or installer commences, it will pay all filing, AAA, and arbitrator’s fees and expenses. It will not seek its attor ney’s fees or expenses from you in any ar bitration. Fees and expenses are not counted in determining how much a dispute involves. h. Claims or disputes must be filed within one year. To the extent permitted by law, any claim or dispute under this agreement to which Section 2 applies must be filed within one year in small claims court (Section 2.c) or in arbitration (Section 2.d). The one-year period begins when the claim or dispute first could be filed. If such a claim or dispute is not filed within one year, it is permanently barred. i. Severability. If the class action waiver in Section 2.e is found to be illegal or unenforceable as to all or some parts of a dispute, then Section 2 will not apply to those parts. Instead, those par ts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of Section 2 is found to be illegal or unenforceable, that provision will be severed with the remainder of Section 2 remaining in full force and effect. j. Third-Party Beneficiary. Microsoft Corporation is not a party to this agreement but is a third-par ty beneficiar y of your and the manufacturer’s or installer’s agreement to resolve disputes through informal negotiation and arbitration. If your dispute is with Microsoft, Microsoft agrees to do ever ything the manufacturer or installer agrees to do in Section 2, and you agree to do everything regar ding Microsoft that Section 2 requires you to do regarding the manufacturer or installer. Mail a Notice of Dispute with Microsoft to Microsoft Cor poration, ATTN: LCA ARBITRAT ION, One Microsoft Way, Redmond, WA 98052-6399. You may commence an ar bitration or small claims cour t case against Microsoft in your county of residence or King County, Washington. 3.CHOICE OF LAW The laws of the state or countr y where you live govern all claims and disputes under this agreement, including breach of contract claims and claims under state consumer protection laws, unfair competition laws, implied warranty laws, for unjust enrichment, and in tor t. If you acquired the software in any other country, the laws of that countr y apply. This agreement describes certain legal rights. You may have other rights, including consumer rights, under the laws of your state or countr y. You may also have rights with respect to the par ty from whom you acquired the software. This agreement does not change those other rights if the laws of your state or country do not permit it to do so. 4.
ACTIVATION
a. More on how activation works. The software will notify you whether the installed copy of the software is properly licensed. During activation, the software will send information about the software and your computer to Microsoft. This information includes the version, language, and product key of the software; the Internet protocol address of the computer; and information derived from the hardware configuration of the computer. For more information about activation, see go.microsoft.com/fwlink/?LinkId=190175. If the licensed computer is connected to the Inter net, the software will automatically connect to Microsoft for activation. You can also activate the software manually by Internet or telephone. In any case, Internet and telephone service charges may apply. b. Re-activation. Some changes to your computer components or the software may require re-activation of the software. c. Activation failure. During online activation or reactivation, if the licensing or activation functions of the software are found to be counterfeit, to be improperly licensed, or to inclu de unauthorized changes, activation will fail and the software will attempt to repair itself by replacing any tampered Micr osoft software with genuine Microsoft software. The software will notify you if the installed copy of the
software is improperly licensed or includes unauthorized changes. In addition, you may receive reminders to obtain a properly licensed copy of the software. You may not be able to obtain certain updates or upgrades from Microsoft if your copy of the software is found to be improperl y licensed. d. Customization. Some of the information collected during activation is sent to Microsoft after activation to provide customized ser vices to you. For example, services such as the Windows Error Reporting and the Windows Store send some of this information in order to provide services customized for the type of computer hardware that is running this software. Similarly, the Microsoft account ser vice may also send some of this information to make it easier for you to create new Microsoft accounts . For more information, see go.microsoft.com/fwlink/?LinkID=190175. 5.INTER NET- BASED FEA TURES; PRIVACY The following software features use Internet protocols, w hich send to Microsoft (or its suppliers or ser vice providers) computer information, such as your Inter net protocol address, the type of operating system, browser and name and version of the software you are using, and the language code of the computer where you installed the software. Microsoft uses this information to make the Internet-based features available to you, in accordance with the Windows 8 Privacy Statement, at go.microsoft.com/fwlink/?Li nkId=190175. Some Internet-based features may be delivered at a later date via Microsoft’s Windows Update service--if, for example, you acquire an application that relies on one of those ser vices. a. Windows Update. If you use the Windows Update ser vice in the software, updates or dow nloads to the Windows Update ser vice will be required for proper functioning of the service, from time to time, and will be dow nloaded and installed without fur ther notice to you. b. Windows Digital Rights Management technology. Some content ow ners use Windows digital rights management technology (WDRM) to protect their copyrights and other intellectual property, including by disabling the software’s ability to play protected content if WDRM fails. You agree that Microsoft may include a revocation list with the licenses. c. Windows Media Player. When you use Windows Media Player, it checks with Microsoft for compatible online music ser vices in your region and new versions of the player. You may only use Windows Media Player as described at go.microsoft.com/fwlink/?LinkId=104605. d. Windows Defender. If turned on, Windows Defender will search your computer for many types of malicious software, including vir uses, worms, bots, rootkits, “spyware”, “adware” and other potentially unwanted software. If you choose the “recommended” security settings when you first start using the software, such malware and other potentially unwanted software rated “high” or “severe” will automatically be removed. This removal may result in other software on your computer ceasing to wor k or your breaching a license to use that software. It is possible that software that is not unwanted may be removed or disabled. If you use Windows Defender and Windows Update, Windows Defender is regularly updated through Windows Update. e. Malicious software removal. If you use Windows Update, at least once each month the software will scan for and remove from your computer the malware listed at go.microsoft.com/fwlink/?LinkId=241725. After the scan completes, a report will be sent to Microsoft with specific information about malware detected, errors, and other information about your computer. T his information is used to improve the software and other Microsoft products. You may disable the software’s reporting functionality by following the instructions found at go.microsoft.com/fwlink/?LinkId=241725. f. SmartScreen Filter. If enabled, the SmartScreen Filter will check the addresses of webpages and downloads you attempt to view against a frequently updated list of webpages a nd downloads that have
been repor ted to Microsoft as unsafe or suspicious. SmartScreen will also check downloaded programs that you attempt to run against a list of commonly downloaded or run programs to help you make more informed trust decisions. More information can be found by visiting the Internet Explorer Privacy Statement go.microsoft.com/fwlink/?LinkId=239590. By enabling SmartScreen in either Windows or Internet Explorer, you consent to this feature, and you agree to use the SmartScreen Filter only in conjunction with Windows or Inter net Explorer. You may not, either manually or by enabling or authorizing any software or service, copy, display, distribute, collect or store any data provided by the SmartScreen Filter. g. IPv6 Network Address Translation (NAT) Traversal service (Teredo). Each time you start your licensed computer, Teredo will attempt to locate a public Internet Protocol version 6 (IPv6) service on the Internet. This occurs automatically when your licensed computer is connected to a public or private networ k, but does not occur on managed networks such as enterprise domains. If you use a program that requires Teredo to use IPv6 connectivity, or if you configure your firewall to always enable IPv6 connectivity, then Teredo will periodically contact the Microsoft Teredo ser vice over the Internet. The only information sent to Microsoft is standard computer information and the name of the service requested (for example teredo.ipv6.microsoft.com). T he information sent from your computer by Teredo is used to determine if your computer is connected to the Internet and if it can locate a public IPv6 service. Once the ser vice is located, information is sent to maintain a connection with the IPv6 ser vice. h. Plug and Play and Plug and Play Extensions. Your computer may not have the drivers needed to communicate with hardware that you connect to your computer. If so, the update feature of the software can obtain and install the correct driver on your computer. An administrator can disable this update feature. i. Digital cer tificates. The software uses digital cer tificates to confirm the identity of Internet users sending X.509 standard encrypted information, to digitally sign files and macros, and to verify the integrity and origin of file contents. The software may retrieve and update cer tificates, certificate revocation lists, and the list of trusted certification authorities, over the Inter net. j. Netw ork awareness. T his feature determines whether a system is connected to a networ k by either passive monitoring of networ k traffic or active DNS or HTTP queries. The query transfers only standard TCP/IP or DNS information for routing purposes. You can switch off the active quer y feature through a registry setting. k. Accelerators. When you click on or move your mouse over an Accelerator in Inter net Explorer, any of the following may be sent to the applicable service provider (which may not be Microsoft): the title and full web address or URL of the current webpage, standard computer information, and any content you have selected. For more information, see go.microsoft.com/fwlink/?LinkId=239590. l. Search provider update. T he software will dow nload an update to the data on your computer about search providers. This update upgrades your pr oviders with the latest features, such as new icons or search suggestions. This is a one-time update, but the software will tr y to perform the update several times if it does not successfully download the update. For more information, see go.microsoft.com/fwlink/?LinkId=239590. m. Cookies. If you choose to use online features in the software, such as online Help and Support, cookies may be set. To learn how to block, control and delete cookies, please read the cookies section of the privacy statement at go.microsoft.com/fwlink/?linkId=74170. n. Windows Store. In addition to the terms of this agreement for Inter net based features, you may only use the Windows Store under the terms available at go.microsoft.com/fwlink/?linkid=246694. Those terms also contain information about Windows Notification Service. Windows apps or any preinstalled
apps in your Start may use Windows Notification Service. You agree that Microsoft may send you notifications as described in the Windows 8 Privacy Statement and Windows Store terms of service. 6.WINDOWS APPS Windows apps (such as Mail, Messaging, Calendar and People) are apps that are developed by Microsoft, included with Windows 8, and licensed to you under this agreement. You can access each Windows app from its corresponding tile in Start. Some of the Windows apps provide an access point to online ser vices, and the use of those services is sometimes governed by separate terms and privacy policies. You can view these terms and policies by looking at the app’s settings. Unless other terms are displayed to you or presented in the app’s settings, you agree the services that you access from the Windows apps are gover ned by the Microsoft Services Agreement at go.microsoft.com/fwlink/?LinkID=246338, or for Windows apps that access Xbox ser vices, the xbox.com/legal/livetou. T he services may change at any time. The ser vices may not be available in certain countries. Your device manufacturer may also distribute apps developed by Microsoft and other developers, which will be subject to separate license terms. You may choose to uninstall any Windows app at any time, and you may also choose to reinstall any Windows app by downloading it from the Windows Store. Some Windows apps include advertising. You may choose to opt out of personalized adver tising by visiting choice.live.com. 7.
PROOF OF LICENSE
The elements of a valid license include a genuine product key, successful activation of the software, an authentic Windows label such as a Certificate of Authenticity (COA), and proof of purchase from a supplier of genuine Microsoft software. A valid license may also include a Windows activation file installed on the device by your manufacturer. If there is a COA or other Windows label, it must be affixed to the computer or appear on the manufacturer’s or installer’s packaging or peripherals when purchased. If you receive an authenticity label separate from your device, it does not establish proof of license. For further information about Microsoft genuine software, see howtotell.com. 8.
UPDA TES A ND UP GRADES
You may only obtain updates or upgrades for the software from Microsoft or authorized sources. You may not be able to obtain cer tain updates or upgrades from the manufacturer or installer, or Microsoft, if your copy of the software is improperly licensed. Certain upgrades, support, and other ser vices may be offered only to users of genuine Microsoft software. For more information about Genuine Windows, see go.microsoft.com/fwlink/?LinkId=104612. 9.
LIMITED RIGHTS VERSIONS
Some versions of the software, like Not for Resale and Academic Edition software, are distributed for limited purposes. You may not sell software marked as “NFR” or “Not for Resale”, and you must be a Qualified Educational User to use software marked as “Academic Edition” or “AE”. If you want to find out more about academic software, or yo u want to find out if you are a Qualified Educational User, visit microsoft.com/education or contact the Microsoft affiliate serving your countr y for more information. 10.
FONTS, ICONS, IMA GES, A ND SOUNDS
a. Font components. While the software is running, you may use its fonts to display and print content. You may temporarily download the fonts to a printer or other output device to print content, and you may embed fonts in content only as permitted by the embedding restrictions in the fonts. b.
Icons, images, and sounds. While the software is running, you may access and use its icons,
images, sounds, and media only from the licensed computer. You may not share the sample images, sounds and media provided with the software or use them for any other purpose. 11..NET FRAMEWORK The software includes one or more components of the .NET Framewor k, which you may use only as described at go.microsoft.com/fwlink/?LinkId=66406 if you use the .NET Framework components to conduct inter nal benchmark testing. 12.
H.264/AVC A ND MPEG- 4 VISUAL STA NDARDS A ND VC-1 VIDEO STA NDARDS
THIS PRODUCT IS LICENSED UNDER THE AVC, T HE VC-1, AND T HE MPEG-4 PART 2 VISUAL PATENT PORTFOLIO LICENSES FOR T HE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WIT H T HE ABOVE STANDARDS (“VIDEO STANDARDS”) AND/OR (ii) DECODE AVC, VC-1, AND MPEG-4 PART 2 VIDEO T HAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERICAL ACT IVIT Y AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE SUCH VIDEO. NO LICENSE IS GRANTED OR S HALL BE IMPLIED FOR ANY OT HER USE. ADDIT IONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C SEE MPEGLA.COM. 13.
ADOBE FLASH PLAYER
The software may include a version of Adobe Flash Player. You agree that your use of the Adobe Flash Player is gover ned by the license terms for Adobe Systems Incor porated, at go.microsoft.com/fwlink/?linkid=248532. Adobe and Flash are either registered trademar ks or trademarks of Adobe Systems Incor porated in the United States and/or other countries. 14.
GEOGRA PHIC A ND EXPORT RESTRICTIONS
If your software is restricted to use in a particular geographic region, then you may activate the software only in that region. You must also comply with all domestic and international export laws and regulations that apply to the software, which include restrictions on destinations, end users, and end use. For further information on geographic and expor t restrictions, visit go.microsoft.com/fwlink/?LinkId=141397 and microsoft.com/expor ting. 15.
SUPPORT A ND REFUND PROCEDURES
For the software generally, contact the manufacturer or installer for support options. Refer to the suppor t number provided with the software. For updates and supplements obtained directly from Microsoft, Microsoft may provide limited support ser vices as described at suppor t.microsoft.com/common/inter national.aspx. If you are using software that is not properly licensed, you will not be entitled to receive support ser vices. If you are seeking a refund, contact the manufacturer or installer to determine its r eturn policy for a refund or credit. You must comply with that policy, which might require you to retur n the software with the entire computer on which the software is installed for a refund. 16.
ENTIRE A GREEMENT
This agreement (together with printed-paper license ter ms or other terms accompanying any software supplements, updates, and ser vices that are provided by the manufacturer or installer, or Microsoft, and that you use), and the terms contained in web links listed in this agreement, are the entire agreement for the software and any such supplements, updates, and services (unless the manufacturer or installer, or Microsoft, provides other terms with such supplements, updates, or services). You can review this
agreement after your software is running by going to microsoft.com/about/legal/en/us/intellectualproper ty/useterms/default.aspx or by following the instructions in the Action Center-Windows Activation within the software. You can also review the terms at any of the links in this agreement after your software is running by typing the urls into your browser address bar, and you agree to do so. You agree that for each service or included app that is governed by this agreement and the specific terms linked in t his agreement, you will read the terms for that ser vice before using the ser vice. You understand that by using the ser vice, you ratify this agreement and the linked terms. T here are also informational links in this agreement. The links containing terms tha t bind you are: ·
go.microsoft.com/fwlink/?LinkId=190175 (Windows 8 Privacy Statement)
·
go.microsoft.com/fwlink/?LinkId=104605 (Windows Media Player)
·
go.microsoft.com/fwlink/?linkid=246694 (Windows Store Terms of Use)
·
go.microsoft.com/fwlink/?LinkID=246338 (Micr osoft Services Agreement)
·
xbox.com/legal/livetou (X Box Live Terms of Use)
·
go.microsoft.com/fwlink/?LinkId=66406 (.NET Framew ork Terms)
·
go.microsoft.com/fwlink/?linkid=248532 (Adobe Flash Player License Terms)
LIMITED WARRA NTY
Is there a LIMITED WARRA NTY for the software? Yes. The manufacturer or installer warrants that properly licensed software will perform substantially as described in any Micr osoft materials that accompany the software. If you obtain updates or supplements directly from Microsoft during the 90-day term of this limited warranty, Microsoft, and not the manufacturer or installer, provides this limited warranty for them. This limited warranty does not cover problems that you cause, or that arise when you fail to follow instructions, or that are caused by events beyond the reasonable control of the manufacturer or installer, or Microsoft. T his limited warranty starts when the first user of your copy of the software acquires that copy, and lasts for 90 days. Any supplements, updates, or replacement software that you may receive from the manufacturer or installer, or Microsoft, during that 90-day period are also covered, but only for the remainder of that period or for 30 days, whichever is longer. Transferring the software will not extend the term of this limited warranty. The manufacturer or installer and Microsoft give no other express warranties, guarantees, or conditions. T he manufacturer or installer and Microsoft exclude all implied warrant ies, including those of mercha ntability, fitness for a part icular purpose, and non- infr ingement. If your local law does not allow the exclusion of implied warrant ies, then any implied warrant ies, guarantees, or condit ions last only dur ing the ter m of this limited warranty and are limited as much as your local law allows. If your local law requires a longer limited warranty term, despite this agreement, then that longer ter m will apply, but you can recover only the remedies that are described in this agreement. What if the manufacturer or installer, or Microsoft, breaches its warranty? If the manufacturer or installer breaches its limited warranty, the manufact urer or installer will, at its elect ion, either (i) repair or replace the software at no charge, or (ii) accept return of the product(s) for a refund of the amount paid, if any. The manufact urer or installer (or Microsoft if you acquired them directly from Microsoft), may also repair or replace supplements, updates, and replacement software or prov ide a refund of the amount you paid for them, if any. These are your only remedies for breach of this limited warranty. Contact the manufacturer or installer to find out how to obtain warranty ser vice for the software. For a refund, you must provide a copy of your proof of purchase and compl y with the manufacturer’s or installer’s return policies. If provided with the computer, the original cer tificate of authenticity label including the product key must remain affixed to the computer. What if the manufacturer or installer, or Microsoft, breaches any part of this agreement? Except for any refund the manufacturer or installer, or Microsoft, may prov ide, you may not recover any other damages, including direct, consequential, lost profits, special, indirect, or incidental damages. The damage exclusions and limitations in this agreement apply even if repair, replacement or a refund for the software does not fully compensate you for any losses or if the manufacturer or installer, or Microsoft, knew or should have known about the possibility of the damages. Some states and countries do not allow the exclusion or limitation of incidental, consequential, or other damages, so those limitations or exclusions may not apply to you. If your local law allows you to recover other damages from the manufacturer or installer, or Microsoft, even though this agreement does not, you cannot recover more than you paid for the soft ware. EULAID:W in_RM_3_ CC_O_en-us
EXHIBIT 23
MICROSOFT SOFTWARE LICENSE TERMS WINDOWS 7 HOME BASIC These license terms are an agreement between you and ·
the computer manufacturer that distributes the software with the computer, or
·
the software installer that distributes the software with the computer.
Please read them. They apply to the software named above, which includes the media on which you received it, if any. Printed-paper license terms, which may come with the software take the place of any on-screen license terms. These terms also apply to any Microsoft ·
updates,
·
supplements,
·
Internet-based services, and
·
support services
for this software, unless other terms accompany those items. If so, those other terms apply. If you obtain updates or supplements directly from Microsoft, Microsoft, and not the manufacturer or installer, licenses those to you. By using the software, you accept these terms. If you do not accept them, do not use the software. Instead, contact the manufacturer or installer to determine its return policy. You must comply with that policy, which might limit your rights or require you to return the entire system on which the software is installed. As described below, using the software also operates as your consent to the transmission of certain computer information during activation, validation and for Internet-based services. If you comply with these license terms, you have the rights below for each license you acquire. 1. OVERVIEW. a. Software. The software includes desktop operating system software. This software does not include Windows Live services. Windows Live services are available from Microsoft under a separate agreement. b. License Model. The software is licensed on a per copy per computer basis. A computer is a physical hardware system with an internal storage device capable of running the software. A hardware partition or blade is considered to be a separate computer. 2. INSTALLATION AND USE RIGHTS. a. One Copy per Computer. The software license is permanently assigned to the computer with which the software is distributed. That computer is the “licensed computer.”
b. Licensed Computer. You may use the software on up to two processors on the licensed computer at one time. Unless otherwise provided in these license terms, you may not use the software on any other computer. c. Number of Users. Unless otherwise provided in these license terms, only one user may use the software at a time on the licensed computer. d. Alternative Versions. The software may include more than one version, such as 32-bit and 64-bit. You may use only one version at one time. If the manufacturer or installer provides you with a one-time selection between language versions, you may use only the one language version you select. 3. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS. a. Multiplexing. Hardware or software you use to ·
pool connections, or
·
reduce the number of devices or users that directly access or use the software
(sometimes referred to as “multiplexing” or “pooling”), does not reduce the number of licenses you need. b. Font Components. While the software is running, you may use its fonts to display and print content. You may only ·
embed fonts in content as permitted by the embedding restrictions in the fonts; and
·
temporarily download them to a printer or other output device to print content.
c. Icons, Images and Sounds. While the software is running, you may use but not share its icons, images, sounds, and media. The sample images, sounds and media provided with the software are for your non-commercial use only. d. Use with Virtualization Technologies. Instead of using the software directly on the licensed computer, you may install and use the software within only one virtual (or otherwise emulated) hardware system on the licensed computer. When used in a virtualized environment, content protected by digital rights management technology, BitLocker or any full volume disk drive encryption technology may not be as secure as protected content not in a virtualized environment. You should comply with all domestic and international laws that apply to such protected content. e. Device Connections. You may allow up to 20 other devices to access software installed on the licensed computer to use only File Services, Print Services, Internet Information Services and Internet Connection Sharing and Telephony Services. f.
Remote Access Technologies. You may remotely access and use the software installed on the licensed computer from another computer to share a session using Remote Assistance or similar technologies. A “session” means the experience of interacting with the software, directly or indirectly, through any combination of input, output and display peripherals.
4. MANDATORY ACTIVATION.
Activation associates the use of the software with a specific computer. During activation, the software will send information about the software and the computer to Microsoft. This information includes the version, language and product key of the software, the Internet protocol address of the computer, and information derived from the hardware configuration of the computer. For more information, see go.microsoft.com/fwlink/?Linkid=104609. By using the software, you consent to the transmission of this information. If properly licensed, you have the right to use the version of the software installed during the installation process up to the time permitted for activation. Unless the software is activated, you have no right to use the software after the time permitted for activation. This is to prevent its unlicensed use. You are not permitted to bypass or circumvent activation. If the computer is connected to the Internet, the software may automatically connect to Microsoft for activation. You can also activate the software manually by Internet or telephone. If you do so, Internet and telephone service charges may apply. Some changes to your computer components or the software may require you to reactivate the software. The software will remind you to activate it until you do. 5. VALIDATION. a. Validation verifies that the software has been activated and is properly licensed. It also verifies that no unauthorized changes have been made to the validation, licensing, or activation functions of the software. Validation may also check for certain malicious or unauthorized software related to such unauthorized changes. A validation check confirming that you are properly licensed permits you to continue to use the software, certain features of the software or to obtain additional benefits. You are not permitted to circumvent validation. This is to prevent unlicensed use of the software. For more information, see go.microsoft.com/fwlink/?Linkid=104610. b. The software will from time to time perform a validation check of the software. The check may be initiated by the software or Microsoft. To enable the activation function and validation checks, the software may from time to time require updates or additional downloads of the validation, licensing or activation functions of the software. The updates or downloads are required for the proper functioning of the software and may be downloaded and installed without further notice to you. During or after a validation check, the software may send information about the software, the computer and the results of the validation check to Microsoft. This information includes, for example, the version and product key of the software, any unauthorized changes made to the validation, licensing or activation functions of the software, any related malicious or unauthorized software found and the Internet protocol address of the computer. Microsoft does not use the information to identify or contact you. By using the software, you consent to the transmission of this information. For more information about validation and what is sent during or after a validation check, see go.microsoft.com/fwlink/?Linkid=104611. c. If, after a validation check, the software is found to be counterfeit, improperly licensed, or a non-genuine Windows product, or if it includes unauthorized changes, then the functionality and experience of using the software will be affected. For example: Microsoft may ·
repair the software, and remove, quarantine or disable any unauthorized changes that may interfere with the proper use of the software, including circumvention of the activation or validation functions of the software; or
·
check and remove malicious or unauthorized software known to be related to such unauthorized changes; or
·
provide notice that the software is improperly licensed or a non-genuine Windows product;
and you may ·
receive reminders to obtain a properly licensed copy of the software; or
·
need to follow Microsoft’s instructions to be licensed to use the software and reactivate;
and you may not be able to ·
use or continue to use the software or some of the features of the software; or
·
obtain certain updates or upgrades from Microsoft.
d. You may only obtain updates or upgrades for the software from Microsoft or authorized sources. For more information on obtaining updates from authorized sources see go.microsoft.com/fwlink/?Linkid=104612. 6. POTENTIALLY UNWANTED SOFTWARE. If turned on, Windows Defender will search your computer for “spyware,” “adware” and other potentially unwanted software. If it finds potentially unwanted software, the software will ask you if you want to ignore, disable (quarantine) or remove it. Any potentially unwanted software rated “high” or “severe,” will automatically be removed after scanning unless you change the default setting. Removing or disabling potentially unwanted software may result in ·
other software on your computer ceasing to work, or
·
your breaching a license to use other software on your computer.
By using this software, it is possible that you will also remove or disable software that is not potentially unwanted software. 7. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software. It may change or cancel them at any time. a. Consent for Internet-Based Services. The software features described below and in the Windows 7 Privacy Statement connect to Microsoft or service provider computer systems over the Internet. In some cases, you will not receive a separate notice when they connect. In some cases, you may switch off these features or not use them. For more information about these features, see the Windows 7 Privacy Statement at go.microsoft.com/fwlink/?linkid=104604. By using these features, you consent to the transmission of the information described below. Microsoft does not use the information to identify or contact you. Computer Information. The following features use Internet protocols, which send to the appropriate systems computer information, such as your Internet protocol address, the type of operating system, browser and name and version of the software you are using, and the language code of the computer where you installed the software. Microsoft uses this information to make the Internet-based services available to you. ·
Plug and Play and Plug and Play Extensions. You may connect new hardware to your computer, either directly or over a network. Your computer may not have the drivers needed to communicate with that hardware. If so, the update feature of the software can obtain the correct driver from Microsoft and install it on your computer. An administrator can disable
this update feature. ·
Windows Update. To enable the proper functioning of the Windows Update service in the software (if you use it), updates or downloads to the Windows Update service will be required from time to time and downloaded and installed without further notice to you.
·
Web Content Features. Features in the software can retrieve related content from Microsoft and provide it to you. Examples of these features are clip art, templates, online training, online assistance and Appshelp. You may choose not to use these web content features.
·
Digital Certificates. The software uses digital certificates. These digital certificates confirm the identity of Internet users sending X.509 standard encrypted information. They also can be used to digitally sign files and macros, to verify the integrity and origin of the file contents. The software retrieves certificates and updates certificate revocation lists over the Internet, when available.
·
Auto Root Update. The Auto Root Update feature updates the list of trusted certificate authorities. You can switch off the Auto Root Update feature.
·
Windows Media Digital Rights Management. Content owners use Windows Media digital rights management technology (WMDRM) to protect their intellectual property, including copyrights. This software and third party software use WMDRM to play and copy WMDRM-protected content. If the software fails to protect the content, content owners may ask Microsoft to revoke the software’s ability to use WMDRM to play or copy protected content. Revocation does not affect other content. When you download licenses for protected content, you agree that Microsoft may include a revocation list with the licenses. Content owners may require you to upgrade WMDRM to access their content. Microsoft software that includes WMDRM will ask for your consent prior to the upgrade. If you decline an upgrade, you will not be able to access content that requires the upgrade. You may switch off WMDRM features that access the Internet. When these features are off, you can still play content for which you have a valid license.
·
Windows Media Player. When you use Windows Media Player, it checks with Microsoft for ·
compatible online music services in your region; and
·
new versions of the player.
For more information, go to go.microsoft.com/fwlink/?linkid=104605. ·
Malicious Software Removal. During setup, if you select “Get important updates for installation”, the software may check for and remove certain malware from your computer. “Malware” is malicious software. If the software runs, it will remove the Malware listed and updated at www.support.microsoft.com/?kbid=890830. During a Malware check, a report will be sent to Microsoft with specific information about Malware detected, errors, and other information about your computer. This information is used to improve the software and other Microsoft products and services. No information included in these reports will be used to identify or contact you. You may disable the software’s reporting functionality by following the instructions found at www.support.microsoft.com/?kbid=890830. For more information read the Windows Malicious Software Removal Tool privacy statement at go.microsoft.com/fwlink/?LinkId=113995.
·
Network Awareness. This feature determines whether a system is connected to a network by
either passive monitoring of network traffic or active DNS or HTTP queries. The query only transfers standard TCP/IP or DNS information for routing purposes. You can switch off the active query feature through a registry setting. ·
Windows Time Service. This service synchronizes with time.windows.com once a week to provide your computer with the correct time. You can turn this feature off or choose your preferred time source within the Date and Time Control Panel applet. The connection uses the standard NTP protocol.
·
IPv6 Network Address Translation (NAT) Traversal service (Teredo). This feature helps existing home Internet gateway devices transition to IPv6. IPv6 is the next generation Internet protocol. It helps enable end-to-end connectivity often needed by peer-to-peer applications. To do so, each time you start up the software the Teredo client service will attempt to locate a public Teredo Internet service. It does so by sending a query over the Internet. This query only transfers standard Domain Name Service information to determine if your computer is connected to the Internet and can locate a public Teredo service. If you ·
use an application that needs IPv6 connectivity, or
·
configure your firewall to always enable IPv6 connectivity,
Then, by default standard Internet Protocol information will be sent to the Teredo service at Microsoft at regular intervals. No other information is sent to Microsoft. You can change this default to use non-Microsoft servers. You can also switch off this feature using a command line utility named “netsh”. ·
Accelerators. When you click on or move your mouse over an Accelerator, in Internet Explorer, any of the following may be sent to the service provider: ·
the title and full web address or URL of the current webpage,
·
standard computer information, and
·
any content you have selected.
If you use an Accelerator provided by Microsoft, the information sent is subject to the Microsoft Online Privacy Statement. This statement is available at go.microsoft.com/fwlink/?linkid=31493. If you use an Accelerator provided by a third party, use of the information sent will be subject to the third party’s privacy practices. ·
Search Suggestions Service. In Internet Explorer, when you type a search query in the Instant Search box or type a question mark (?) before your search term in the Address bar, you will see search suggestions as you type (if supported by your search provider). Everything you type in the Instant Search box or in the Address bar when preceded by a question mark (?) is sent to your search provider as you type. Also, when you press Enter or click the Search button, the text in the Instant Search box or Address bar is sent to the search provider. If you use a Microsoft search provider, use of the information sent is subject to the Microsoft Online Privacy Statement. This statement is available at go.microsoft.com/fwlink/?linkid=31493. If you use a third-party search provider, use of the information sent will be subject to the third party’s privacy practices. You can turn search suggestions off at any time. To do so, use Manage Add-ons under the Tools button in Internet Explorer. For more information about the search suggestions service, see go.microsoft.com/fwlink/?linkid=128106.
b. Use of Information. Microsoft may use the computer information, accelerator information, search suggestions information, error reports, and Malware reports to improve our software and services. We may also share it with others, such as hardware and software vendors. They may use the information to improve how their products run with Microsoft software. c. Misuse of Internet-based Services. You may not use these services in any way that could harm them or impair anyone else’s use of them. You may not use the services to try to gain unauthorized access to any service, data, account or network by any means. 8. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the features included in the software edition you licensed. The manufacturer or installer and Microsoft reserve all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not ·
work around any technical limitations in the software;
·
reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
·
use components of the software to run applications not running on the software;
·
make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
·
publish the software for others to copy;
·
rent, lease or lend the software; or
·
use the software for commercial software hosting services.
9. MICROSOFT .NET BENCHMARK TESTING. The software includes one or more components of the .NET Framework (“.NET Components”). You may conduct internal benchmark testing of those components. You may disclose the results of any benchmark test of those components, provided that you comply with the conditions set forth at go.microsoft.com/fwlink/?LinkID=66406. Notwithstanding any other agreement you may have with Microsoft, if you disclose such benchmark test results, Microsoft shall have the right to disclose the results of benchmark tests it conducts of your products that compete with the applicable .NET Component, provided it complies with the same conditions set forth at go.microsoft.com/fwlink/?LinkID=66406. 10. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software on the licensed computer. 11. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes. 12. NOT FOR RESALE SOFTWARE. You may not sell software marked as “NFR” or “Not for Resale.” 13. GEOGRAPHIC RESTRICTIONS. If the software is marked as requiring activation in a specific geographic region, then you are only permitted to activate this software in the geographic region indicated on the software or computer packaging. You may not be able to activate the software outside of that region. For further information on geographic restrictions, visit
go.microsoft.com/fwlink/?LinkId=141397. 14. UPGRADES. To use upgrade software, you must first be licensed for the software that is eligible for the upgrade. Upon upgrade, this agreement takes the place of the agreement for the software you upgraded from. After you upgrade, you may no longer use the software you upgraded from. 15. PROOF OF LICENSE. a. Genuine Proof of License. If you acquired the software on a computer, or on a disc or other media, a genuine Microsoft Certificate of Authenticity label with a genuine copy of the software identifies licensed software. To be valid, this label must be affixed to the computer or appear on the manufacturer’s or installer’s packaging. If you receive the label separately, it is invalid. You should keep label on the computer or the packaging that has the label on it to prove that you are licensed to use the software. If the computer comes with more than one genuine Certificate of Authenticity label, you may use each version of the software identified on those labels. b. Windows Anytime Upgrade License. If you upgrade the software using Windows Anytime Upgrade, your proof of license is identified by ·
the genuine Microsoft Certificate of Authenticity label for the software you upgraded from, and
·
the genuine Microsoft proof of purchase label from the Windows Anytime Upgrade Kit you used to upgrade. Proof of purchase may be subject to verification by your merchant’s records.
c. To identify genuine Microsoft software, see www.howtotell.com. 16. TRANSFER TO A THIRD PARTY. You may transfer the software directly to a third party only with the licensed computer. The transfer must include the software and the Certificate of Authenticity label. You may not keep any copies of the software or any earlier version. Before any permitted transfer, the other party must agree that this agreement applies to the transfer and use of the software. 17. NOTICE ABOUT THE H.264/AVC VISUAL STANDARD, THE VC-1 VIDEO STANDARD, AND THE MPEG-4 PART 2 VISUAL STANDARD. This software includes H.264/AVC, VC-1 and MPEG-4 visual compression technology. MPEG LA, L.L.C. requires this notice: THIS PRODUCT IS LICENSED UNDER THE AVC, THE VC-1 AND THE MPEG-4 PART 2 VISUAL PATENT PORTFOLIO LICENSES FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE ABOVE STANDARDS (“VIDEO STANDARDS”) AND/OR (ii) DECODE AVC, VC-1 AND MPEG-4 PART 2 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE SUCH VIDEO. NONE OF THE LICENSES EXTEND TO ANY OTHER PRODUCT REGARDLESS OF WHETHER SUCH PRODUCT IS INCLUDED WITH THIS PRODUCT IN A SINGLE ARTICLE. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE WWW.MPEGLA.COM. 18. THIRD PARTY PROGRAMS. The software contains third party programs. The license terms with those programs apply to your use of them. 19. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the
software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting. 20. SUPPORT SERVICES. For the software generally, contact the manufacturer or installer for support options. Refer to the support number provided with the software. For updates and supplements obtained directly from Microsoft, Microsoft provides support as described at www.support.microsoft.com/common/international.aspx. If you are using software that is not properly licensed, you will not be entitled to receive support services. 21. ENTIRE AGREEMENT. This agreement (including the warranty below), additional terms (including any printed-paper license terms that accompany the software and may modify or replace some or all of these terms), and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services. 22. APPLICABLE LAW. a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort. b. Outside the United States. If you acquired the software in any other country, the laws of that country apply. 23. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your state or country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so. 24. LIMITATION ON AND EXCLUSION OF DAMAGES. Except for any refund the manufacturer or installer may provide, you cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages. This limitation applies to ·
anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
·
claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if ·
repair, replacement or a refund for the software does not fully compensate you for any losses; or
·
Microsoft knew or should have known about the possibility of the damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. They also may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
*********************************************************************** LIMITED WARRANTY A. LIMITED WARRANTY. If you follow the instructions and the software is properly licensed, the software will perform substantially as described in the Microsoft materials that you receive in or with the software. B. TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES. The limited warranty covers the software for 90 days after acquired by the first user. If you receive supplements, updates, or replacement software during those 90 days, they will be covered for the remainder of the warranty or 30 days, whichever is longer. If you transfer the software, the remainder of the warranty will apply to the recipient. To the extent permitted by law, any implied warranties, guarantees or conditions last only during the term of the limited warranty. Some states do not allow limitations on how long an implied warranty lasts, so these limitations may not apply to you. They also might not apply to you because some countries may not allow limitations on how long an implied warranty, guarantee or condition lasts. C. EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your acts (or failures to act), the acts of others, or events beyond the reasonable control of the manufacturer or installer, or Microsoft. D. REMEDY FOR BREACH OF WARRANTY. The manufacturer or installer will, at its election, either (i) repair or replace the software at no charge, or (ii) accept return of the product(s) for a refund of the amount paid, if any. The manufacturer or installer may also repair or replace supplements, updates and replacement software or provide a refund of the amount you paid for them, if any. contact the manufacturer or installer about its policy. These are your only remedies for breach of the limited warranty. E. CONSUMER RIGHTS NOT AFFECTED. You may have additional consumer rights under your local laws, which this agreement cannot change. F. WARRANTY PROCEDURES. Contact the manufacturer or installer to find out how to obtain warranty service for the software. For a refund, you must comply with the manufacturer’s or installer’s return policies. G. NO OTHER WARRANTIES. The limited warranty is the only direct warranty from the manufacturer or installer, or Microsoft. The manufacturer or installer and Microsoft give no other express warranties, guarantees or conditions. Where allowed by your local laws, the manufacturer or installer and Microsoft exclude implied warranties of merchantability, fitness for a particular purpose and non-infringement. If your local laws give you any implied warranties, guarantees or conditions, despite this exclusion, your remedies are described in the Remedy for Breach of Warranty clause above, to the extent permitted by your local laws. H. LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY. The Limitation on and Exclusion of Damages clause above applies to breaches of this limited warranty. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. You may also have other rights which vary from country to
country. !!!!EULAID!!!!
EXHIBIT 24
MICROSOFT SOFTWARE LICENSE TERMS WINDOWS VISTA HOME BASIC WINDOWS VISTA HOME PREMIUM WINDOWS VISTA ULTIMATE These license terms are an agreement between you and ·
the device manufacturer that distributes the software with the device, or
·
the software installer that distributes the software with the device.
Please read them. They apply to the software named above, which includes the media on which you received it, if any. Printed paper license terms, which may come with the software, take the place of any on-screen license terms. The terms also apply to any Microsoft ·
updates,
·
supplements,
·
Internet-based services, and
·
support services
for this software, unless other terms accompany those items. If so, those terms apply. If you obtain updates or supplements directly from Microsoft, Microsoft and not the manufacturer or installer, licenses those to you. By using the software, you accept these terms. If you do not accept them, do not use the software. Instead, contact the manufacturer or installer to determine their return policy for a refund or credit. As described below, using the software also operates as your consent to the transmission of certain computer information during activation, validation and for Internet-based services. If you comply with these license terms, you have the rights below for each license you acquire. 1. OVERVIEW. a. Software. The software includes desktop operating system software. This software does not include Windows Live services. Windows Live is a service available from Microsoft under a separate agreement. b. License Model. c.
The software is licensed on a per copy per device basis.
Edition Specific Rights. See the Additional License Terms sections at the end of this agreement for license terms that apply to specific editions of the software.
2. INSTALLATION AND USE RIGHTS. The software license is permanently assigned to the device with which you acquired the software. That device is the “licensed device.” A hardware partition is considered to be a separate device. a. Licensed Device. You may install one copy of the software on the licensed device. You may use the software on up to two processors on that device at one time. You may not use the software on any other device. b. Number of Users. Except as provided in the Device Connections (all editions), Remote Access Technologies (Home Basic and Home Premium editions) and Other Access Technologies (Ultimate edition) sections below, only one user may use the software at a time. c.
Alternative Versions. The software may include more than one version, such as 32-bit and 64-bit. You may use only one version at one time. If manufacturer or installer provides you with a one-time selection between language versions, you may use only the one language version you select.
3. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS. a. Multiplexing.
Hardware or software you use to
·
pool connections, or
·
reduce the number of devices or users that directly access or use the software
(sometimes referred to as “multiplexing” or “pooling”), does not reduce the number of licenses you need. b. Font Components. While the software is running, you may use its fonts to display and print content. You may only
c.
·
embed fonts in content as permitted by the embedding restrictions in the fonts; and
·
temporarily download them to a printer or other output device to print content.
Icons, images and sounds. While the software is running, you may use but not share its icons, images, sounds, and media.
4. MANDATORY ACTIVATION. Activation associates the use of the software with a specific device. During activation, the software will send information about the software and the device to Microsoft. This information includes the version, language and product key of the software, the Internet protocol address of the device, and information derived from the hardware configuration of the device. For more information, see http://go.microsoft.com/fwlink/?linkid=69497. By using the software, you consent to the transmission of this information. Before you activate, you have the right to use the version of the software installed during the installation process. Your right to use the software after the time specified in the installation process is limited unless it is activated. This is to prevent its unlicensed use. You will not be able to continue using the software after that time if you do not activate it. If the device is connected to the Internet, the software may automatically connect to Microsoft for activation. You can also activate the software manually by Internet or telephone. If you
do so, Internet and telephone service charges may apply. Some changes to your computer components or the software may require you to reactivate the software. If the manufacturer or installer activated the software for you, you may not be asked to activate the software when you first use it. The software will remind you to activate it until you do. 5. VALIDATION. a. The software will from time to time validate the software, update or require download of the validation feature of the software. Validation verifies that the software has been activated and is properly licensed. Validation also permits you to use certain features of the software or to obtain additional benefits. For more information, see http://go.microsoft.com/fwlink/?linkid=39157. b. During a validation check, the software will send information about the software and the device to Microsoft. This information includes the version and product key of the software, and the Internet protocol address of the device. Microsoft does not use the information to identify or contact you. By using the software, you consent to the transmission of this information. For more information about validation and what is sent during a validation check, see http://go.microsoft.com/fwlink/?linkid=69500. c.
If, after a validation check, the software is found not to be properly licensed, the functionality of the software may be affected. For example, you may ·
need to reactivate the software, or
·
receive reminders to obtain a properly licensed copy of the software,
or you may not be able to ·
use or continue to use some of the features of the software, or
·
obtain certain updates or upgrades from Microsoft.
d. You may only obtain updates or upgrades for the software from Microsoft or authorized sources. For more information on obtaining updates from authorized sources see http://go.microsoft.com/fwlink/?linkid=69502. 6. POTENTIALLY UNWANTED SOFTWARE. If turned on, Windows Defender will search your computer for “spyware,” “adware” and other potentially unwanted software. If it finds potentially unwanted software, the software will ask you if you want to ignore, disable (quarantine) or remove it. Any potentially unwanted software rated “high” or “severe,” which will automatically be removed after scanning unless you change the default setting. Removing or disabling potentially unwanted software may result in ·
other software on your computer ceasing to work, or
·
your breaching a license to use other software on your computer.
By using this software, it is possible that you will also remove or disable software that is not potentially unwanted software. 7. INTERNET-BASED SERVICES.
Microsoft provides Internet-based services with the
software.
It may change or cancel them at any time.
a. Consent for Internet-Based Services. The software features described below and in the Windows Vista Privacy Statement connect to Microsoft or service provider computer systems over the Internet. In some cases, you will not receive a separate notice when they connect. You may switch off these features or not use them. For more information about these features, see the Windows Vista Privacy Statement at http://go.microsoft.com/fwlink/?linkid=20615. By using these features, you consent to the transmission of this information. Microsoft does not use the information to identify or contact you. Computer Information. The following features use Internet protocols, which send to the appropriate systems computer information, such as your Internet protocol address, the type of operating system, browser and name and version of the software you are using, and the language code of the device where you installed the software. Microsoft uses this information to make the Internet-based services available to you. ·
Windows Update Feature. You may connect new hardware to your device. Your device may not have the drivers needed to communicate with that hardware. If so, the update feature of the software can obtain the correct driver from Microsoft and install it on your device. You can switch off this update feature.
·
Web Content Features. Features in the software can retrieve related content from Microsoft and provide it to you. Examples of these features are clip art, templates, online training, online assistance and Appshelp. You may choose not to use these web content features.
·
Digital Certificates. The software uses digital certificates. These digital certificates confirm the identity of Internet users sending X.509 standard encrypted information. They also can be used to digitally sign files and macros, and to verify the integrity and origin of the file contents. The software retrieves certificates and updates certificate revocation lists over the Internet, when available.
·
Auto Root Update. The Auto Root Update feature updates the list of trusted certificate authorities. You can switch off the Auto Root Update feature.
·
Windows Media Digital Rights Management. Content owners use Windows Media digital rights management technology (WMDRM) to protect their intellectual property, including copyrights. This software and third party software use WMDRM to play and copy WMDRM-protected content. If the software fails to protect the content, content owners may ask Microsoft to revoke the software’s ability to use WMDRM to play or copy protected content. Revocation does not affect other content. When you download licenses for protected content, you agree that Microsoft may include a revocation list with the licenses. Content owners may require you to upgrade WMDRM to access their content. Microsoft software that includes WMDRM will ask for your consent prior to the upgrade. If you decline an upgrade, you will not be able to access content that requires the upgrade. You may switch off WMDRM features that access the Internet. When these features are off, you can still play content for which you have a valid license.
·
Windows Media Player. Microsoft for
When you use Windows Media Player, it checks with
·
compatible online music services in your region;
·
new versions of the player; and
·
codecs if your device does not have the correct ones for playing content.
You can switch off this last feature. For more information, go to http://go.microsoft.com/fwlink/?linkid=44073. ·
Malicious Software Removal/Clean On Upgrade. Before installation of the software, the software will check and remove certain malicious software listed at http://www.support.microsoft.com/?kbid=890830 (“Malware”) from your device. When the software checks your device for Malware, a report will be sent to Microsoft about any Malware detected or errors that occurred while the software was checking for Malware. No information that can be used to identify you is included in the report. You may disable the software’s Malware reporting functionality by following the instructions found at http://www.support.microsoft.com/?kbid=890830.
·
Network Connectivity Status Icon. This feature determines whether a system is connected to a network by either passive monitoring of network traffic or active DNS or HTTP queries. The query only transfers standard TCP/IP or DNS information for routing purposes. You can switch off the active query feature through a registry setting.
·
Windows Time Service. This service synchronizes with www.time.windows.com once a week to provide your computer with the correct time. You can turn this feature off or choose your preferred time source within the Date and Time Control Panel applet. The connection uses standard NTP protocol.
·
IPv6 Network Address Translation (NAT) Traversal service (Teredo). This feature helps existing home Internet gateway devices transition to IPv6. IPv6 is next generation Internet protocol. It helps enable end-to-end connectivity often needed by peer-to-peer applications. To do so, each time you start up the software the Teredo client service will attempt to locate a public Teredo Internet service. It does so by sending a query over the Internet. This query only transfers standard Domain Name Service information to determine if your computer is connected to the Internet and can locate a public Teredo service. If you ·
use an application (e.g. Windows Meeting Space) that needs IPv6 connectivity or
·
configure your firewall to always enable IPv6 connectivity
by default standard Internet Protocol information will be sent to the Teredo service at Microsoft at regular intervals. No other information is sent to Microsoft. You can change this default to use non-Microsoft servers. You can also switch off this feature using a command line utility named “netsh”. b. Use of Information. Microsoft may use the computer information, error reports, and Malware reports to improve our software and services. We may also share it with others, such as hardware and software vendors. They may use the information to improve how their products run with Microsoft software. c.
Misuse of Internet-based Services.
You may not use these services in any way that
could harm them or impair anyone else’s use of them. You may not use the services to try to gain unauthorized access to any service, data, account or network by any means. 8. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. The manufacturer or installer and Microsoft reserve all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. For more information, see the software documentation. You may not ·
work around any technical limitations in the software;
·
reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
·
use components of the software to run applications not running on the software;
·
make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
·
publish the software for others to copy;
·
rent, lease or lend the software; or
·
use the software for commercial software hosting services.
9. MICROSOFT .NET BENCHMARK TESTING. The software includes one or more components of the .NET Framework 3.0 (“.NET Components”). You may conduct internal benchmark testing of those components. You may disclose the results of any benchmark test of those components, provided that you comply with the conditions set forth at http://go.microsoft.com/fwlink/?LinkID=66406. Notwithstanding any other agreement you may have with Microsoft, if you disclose such benchmark test results, Microsoft shall have the right to disclose the results of benchmark tests it conducts of your products that compete with the applicable .NET Component, provided it complies with the same conditions set forth at http://go.microsoft.com/fwlink/?LinkID=66406. 10. BACKUP COPY. You may make one backup copy of the software media. only to reinstall the software.
You may use it
11. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes. 12. NOT FOR RESALE SOFTWARE. Resale.”
You may not sell software marked as “NFR” or “Not for
13. UPGRADES. To use upgrade software, you must first be licensed for the software that is eligible for the upgrade. Upon upgrade, this agreement takes the place of the agreement for the software you upgraded from. After you upgrade, you may no longer use the software you upgraded from, except as permitted in the Downgrade section below (Ultimate edition). 14. PROOF OF LICENSE.
a. If you acquired the software on a device, or on a disc or other media, a genuine Microsoft Certificate of Authenticity label with a genuine copy of the software identifies licensed software. To be valid, this label must be affixed to the device or appear on the manufacturer’s or installer’s packaging. If you receive the label separately, it is invalid. You should keep label on the device or the packaging that has the label on it to prove that you are licensed to use the software. If the device comes with more than one genuine Certificate of Authenticity label, you may use each version of the software identified on those labels. b. To identify genuine Microsoft software, see www.howtotell.com. 15. TRANSFER TO A THIRD PARTY. You may transfer the software directly to a third party only with the licensed device. You may not keep any copies of the software or any earlier version. Before any permitted transfer, the other party must agree that this agreement applies to the transfer and use of the software. The transfer must include the Certificate of Authenticity label. 16. NOTICE ABOUT THE MPEG-4 VISUAL STANDARD. This software includes MPEG-4 visual decoding technology. MPEG LA, L.L.C. requires this notice: USE OF THIS PRODUCT IN ANY MANNER THAT COMPLIES WITH THE MPEG-4 VISUAL STANDARD IS PROHIBITED, EXCEPT FOR USE DIRECTLY RELATED TO (A) DATA OR INFORMATION (i) GENERATED BY AND OBTAINED WITHOUT CHARGE FROM A CONSUMER NOT THEREBY ENGAGED IN A BUSINESS ENTERPRISE, AND (ii) FOR PERSONAL USE ONLY; AND (B) OTHER USES SPECIFICALLY AND SEPARATELY LICENSED BY MPEG LA, L.L.C. If you have questions about the MPEG-4 visual standards, please contact MPEG LA, L.L.C., 250 Steele Street, Suite 300, Denver, Colorado 80206; www.mpegla.com. 17. NOTICE ABOUT THE VC-1 VISUAL STANDARD. This software may include VC-1 visual decoding technology. MPEG LA, L.L.C. requires this notice: THIS PRODUCT IS LICENSED UNDER THE VC-1 PATENT PORTFOLIO LICENSES FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (A) ENCODE VIDEO IN COMPLIANCE WITH THE VC-1 STANDARD (“VC-1 VIDEO”) OR (B) DECODE VC-1 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE VC-1 VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. If you have questions about the VC-1 visual standards, please contact MPEG LA, L.L.C., 250 Steele Street, Suite 300, Denver, Colorado 80206; www.mpegla.com. 18. NOTICE ABOUT THE MPEG-2 VISUAL STANDARD. If the software includes Microsoft DVD playback software for Windows Vista it contains MPEG-2 visual decoding technology. MPEG LA, L.L.C. requires this notice: USE OF THIS PRODUCT IN ANY MANNER THAT COMPLIES WITH THE MPEG 2 VISUAL STANDARD IS PROHIBITED, EXCEPT FOR USE DIRECTLY RELATED TO (A) DATA OR INFORMATION (i) GENERATED BY AND OBTAINED WITHOUT CHARGE FROM A CONSUMER NOT THEREBY ENGAGED IN A BUSINESS ENTERPRISE, AND (ii) FOR PERSONAL USE ONLY; AND (B) OTHER USES SPECIFICALLY AND SEPARATELY LICENSED BY MPEG LA, L.L.C. If you have questions about the MPEG-2 visual standard, please contact MPEG LA, L.L.C.,
250 Steele Street, Suite 300, Denver, Colorado 80206; www.mpegla.com. 19. THIRD PARTY PROGRAMS. The software contains third party programs. terms with those programs apply to your use of them.
The license
20. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting. 21. SUPPORT SERVICES. For the software generally, contact the manufacturer or installer for support options. Refer to the support number provided with the software. For updates and supplements obtained directly from Microsoft, Microsoft provides support as described at http://www.support.microsoft.com/common/international.aspx. If you are using software that is not properly licensed, you will not be entitled to receive support services. 22. ENTIRE AGREEMENT. This agreement (including the warranty below), additional terms and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services. 23. APPLICABLE LAW. a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort. b. Outside the United States. laws of that country apply.
If you acquired the software in any other country, the
24. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your state or country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so. 25. LIMITATION ON AND EXCLUSION OF DAMAGES. Except for any refund the manufacturer or installer may provide, you cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages. This limitation applies to ·
anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
·
claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if ·
repair, replacement or a refund for the software does not fully compensate you for any losses; or
·
The manufacturer or installer, or Microsoft knew or should have known about the possibility of the damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. They also may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
******************************************************************************* LIMITED WARRANTY A. LIMITED WARRANTY. If you follow the instructions and the software is properly licensed, the software will perform substantially as described in the Microsoft materials that you receive in or with the software. B. TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES. The limited warranty covers the software for 90 days after acquired by the first user. If you receive supplements, updates, or replacement software during those 90 days, they will be covered for the remainder of the warranty or 30 days, whichever is longer. If you transfer the software, the remainder of the warranty will apply to the recipient. To the extent permitted by law, any implied warranties, guarantees or conditions last only during the term of the limited warranty. Some states do not allow limitations on how long an implied warranty lasts, so these limitations may not apply to you. They also might not apply to you because some countries may not allow limitations on how long an implied warranty, guarantee or condition lasts. C. EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your acts (or failures to act), the acts of others, or events beyond the reasonable control of the manufacturer or installer, or Microsoft. D. REMEDY FOR BREACH OF WARRANTY. The manufacturer or installer will, at its election, either (i) repair or replace the software at no charge, or (ii) accept return of the product(s) for a refund of the amount paid, if any. The manufacturer or installer may also repair or replace supplements, updates and replacement software or provide a refund of the amount you paid for them, if any. Contact the manufacturer or installer about its policy. These are your only remedies for breach of the limited warranty. E. CONSUMER RIGHTS NOT AFFECTED. You may have additional consumer rights under your local laws, which this agreement cannot change. F. WARRANTY PROCEDURES. Contact the manufacturer or installer to find out how to obtain warranty service for the software. For a refund, you must comply with the manufacturer’s or installer’s return policies. G. NO OTHER WARRANTIES. The limited warranty is the only direct warranty from the manufacturer or installer, or Microsoft. The manufacturer or installer and Microsoft give no other express warranties, guarantees or conditions. Where allowed by your local laws, the manufacturer or installer and Microsoft exclude implied warranties of merchantability, fitness for a particular purpose and non-infringement. If your local laws give you any implied warranties, guarantees or conditions, despite this exclusion, your remedies are described in the Remedy for Breach of Warranty clause above, to the extent permitted by your local laws. H. LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY. The Limitation on and Exclusion of Damages clause above applies to breaches of this limited warranty.
This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. You may also have other rights which vary from country to country.
WINDOWS VISTA HOME BASIC ADDITIONAL LICENSE TERMS. Vista Home Basic.
The following additional license terms apply to Windows
1. DEVICE CONNECTIONS. You may allow up to 5 other devices to access the software installed on the licensed device to use File Services, Print Services, Internet Information Services and Internet Connection Sharing and Telephony Services. 2. REMOTE ACCESS TECHNOLOGIES. You may remotely access and use the software installed on the licensed device from another device to share a session using Remote Assistance or similar technologies. A “session” means the experience of interacting with the software, directly or indirectly, through any combination of input, output and display peripherals. 3. OTHER REMOTE USES. You may allow any number of devices to access the software installed on the licensed device for purposes other than those described in the Device Connections and Remote Access Technologies sections above, such as to synchronize data between devices. 4. USE WITH VIRTUALIZATION TECHNOLOGIES. You may not use the software installed on the licensed device within a virtual (or otherwise emulated) hardware system.
WINDOWS VISTA HOME PREMIUM ADDITIONAL LICENSE TERMS. Vista Home Premium.
The following additional license terms apply to Windows
1. DEVICE CONNECTIONS. You may allow up to 10 other devices to access the software installed with the licensed device to use File Services, Print Services, Internet Information Services and Internet Connection Sharing and Telephony Services. 2. REMOTE ACCESS TECHNOLOGIES. You may remotely access and use the software installed on the licensed device from another device to share a session using Remote Assistance or similar technologies. A “session” means the experience of interacting with the software, directly or indirectly, through any combination of input, output and display peripherals. 3. OTHER REMOTE USES. You may allow any number of devices to access the software installed on the licensed device for purposes other than those described in the Device Connections and Remote Access Technologies sections above, such as to synchronize data between devices. 4. USE WITH VIRTUALIZATION TECHNOLOGIES. You may not use the software installed on the licensed device within a virtual (or otherwise emulated) hardware system. 5. MEDIA CENTER EXTENDER. You may have 5 Media Center Extender Sessions (or other software or devices which provide similar functionality for a similar purpose) running at the same time to display the software user interface or content on other displays or devices. 6. ELECTRONIC PROGRAMMING GUIDE.
If the software includes access to an electronic
programming guide service that displays customized television listings, a separate service agreement applies to the service. If you do not agree to the terms of the service agreement, you may continue to use the software, but you will not be able to use the electronic programming guide service. The service may contain advertising content and related data, which are received and stored by the software. The service is not available in all areas. Please consult the software information for instructions on accessing the service agreement. 7. RELATED MEDIA INFORMATION. If you request related media information as part of your playback experience, the data provided to you may not be in your local language. Some countries or regions have laws and regulations which may restrict or limit your ability to access certain types of content. 8. CONSENT TO UPDATE INFRARED EMITTER/RECEIVER. The software may contain technology to ensure the proper functioning of the infrared emitter/receiver device that ships with certain Media Center-based products. By accepting these license terms, you agree that the software may update the firmware of this device. 9. WORLDWIDE USE OF THE MEDIA CENTER. Media Center is not designed for use in every country. For example, although the Media Center information may refer to certain features such as an electronic programming guide or provide information on how to configure a TV tuner, these features may not work in your area. Please refer to the Media Center information for a list of features that may not work in your area.
WINDOWS VISTA ULTIMATE ADDITIONAL LICENSE TERMS. Vista Ultimate.
The following additional license terms apply to Windows
1. DEVICE CONNECTIONS. You may allow up to 10 other devices to access the software installed on the licensed device to use File Services, Print Services, Internet Information Services and Internet Connection Sharing and Telephony Services. 2. REMOTE ACCESS TECHNOLOGIES. You may access and use the software installed on the licensed device remotely from another device using remote access technologies as follows. ·
Remote Desktop. The single primary user of the licensed device may access a session from any other device using Remote Desktop or similar technologies. A “session” means the experience of interacting with the software, directly or indirectly, through any combination of input, output and display peripherals. Other users may access a session from any device using these technologies, if the remote device is separately licensed to run the software.
·
Other Access Technologies. share an active session.
You may use Remote Assistance or similar technologies to
3. OTHER REMOTE USES. You may allow any number of devices to access the software installed on the licensed device for purposes other than those described in the Device Connections and Remote Access Technologies sections above, such as to synchronize data between devices.
4. USE WITH VIRTUALIZATION TECHNOLOGIES. You may use the software installed on the licensed device within a virtual (or otherwise emulated) hardware system on the licensed device. If you do so, you may not play or access content or use applications protected by any Microsoft digital, information or enterprise rights management technology or other Microsoft rights management services or use BitLocker. We advise against playing or accessing content or using applications protected by other digital, information or enterprise rights management technology or other rights management services or using full volume disk drive encryption. 5. MEDIA CENTER EXTENDER. You may have 5 Media Center Extender Sessions (or other software or devices which provide similar functionality for a similar purpose) running at the same time to display the software user interface or content on other displays or devices. 6. ELECTRONIC PROGRAMMING GUIDE. If the software includes access to an electronic programming guide service that displays customized television listings, a separate service agreement applies to the service. If you do not agree to the terms of the service agreement, you may continue to use the software, but you will not be able to use the electronic programming guide service. The service may contain advertising content and related data, which are received and stored by the software. The service is not available in all areas. Please consult the software information for instructions on accessing the service agreement. 7. RELATED MEDIA INFORMATION. If you request related media information as part of your playback experience, the data provided to you may not be in your local language. Some countries or regions have laws and regulations which may restrict or limit your ability to access certain types of content. 8. CONSENT TO UPDATE INFRARED EMITTER/RECEIVER. The software may contain technology to ensure the proper functioning of the infrared emitter/receiver device that ships with certain Media Center-based products. By accepting these license terms, you agree that the software may update the firmware of this device. 9. WORLDWIDE USE OF THE MEDIA CENTER. Media Center is not designed for use in every country. For example, although the Media Center information may refer to certain features such as an electronic programming guide or provide information on how to configure a TV tuner, these features may not work in your area. Please refer to the Media Center information for a list of features that may not work in your area. 10. DOWNGRADE. versions:
Instead of using the software, you may use one of the following earlier
·
Microsoft Windows XP Professional,
·
Microsoft Windows Professional x64 Edition, or
·
Microsoft Windows XP Tablet PC Edition.
This agreement applies to your use of the earlier versions. If the earlier version includes different components, any terms for those components in the agreement that comes with the earlier version apply to your use of them. Neither the manufacturer or installer, nor Microsoft is obligated to supply earlier versions to you. You must obtain the earlier version separately. At any time, you may replace an earlier version with this version of the software.
EULAID:VISTA_RM.0_CONSUMER_OEM_en-US
EXHIBIT 25
Microsoft Windows XPHomeEdition
END-USERLICENSEAGREEMENT
IMPORTANT—READ CAREFULLY: This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single legal entity) and the manufacturer ("Manufacturer") of the computer system or computer system component (“HARDWARE”) with which you acquired the Microsoft software product(s) identified above (“SOFTWARE”). The SOFTWARE includes Microsoft computer software, and may include associated media, printed materials, “online,” or electronic documentation and Internet based services. Note, however, that any software, documentation, or web services that are included in the SOFTWARE, or accessible via the SOFTWARE, and are accompanied by their own license agreements or terms of use are governed by such agreements rather than this EULA. The terms of a printed, paper EULA, which may accompany the SOFTWARE, supersede the terms of any on-screen EULA. This EULA is valid and grants the end-user rights ONLY if the SOFTWARE is genuine and a genuine Certificate of Authenticity for the SOFTWARE is included. For more information on identifying whether your software is genuine, please see http://www.microsoft.com/piracy/howtotell. By installing, copying, downloading, accessing or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not use or copy the SOFTWARE, and you should promptly contact Manufacturer for instructions on return of the unused product(s) in accordance with Manufacturer’s return policies. SOFTWARE PRODUCT LICENSE The term "COMPUTER" as used herein shall mean the HARDWARE, if the HARDWARE is a single computer system, or shall mean the computer system with which the HARDWARE operates, if the HARDWARE is a computer system component. 1. GRANT OF LICENSE. Manufacturer grants you the following rights, provided you comply with all of the terms and conditions of this EULA: • Installation and Use. Except as otherwise expressly provided in this EULA, you may install, use, access, display and run only one (1) copy of the SOFTWARE on the COMPUTER. The SOFTWARE may not be used by more than one (1) processor at any one time on the COMPUTER, unless a higher number is indicated on the Certificate of Authenticity. You may permit a maximum of five (5) ("Connection Maximum") computers or other electronic devices (each a “Device”) to connect to the COMPUTER to utilize the services of the SOFTWARE solely for File and Print services, Internet Information services, and remote access (including connection sharing and telephony services). The five (5) Connection Maximum includes any indirect connections made through “multiplexing” or other software or hardware which pools or aggregates connections. Except as otherwise permitted below, you may not use the Device to use, access, display or run the SOFTWARE, the SOFTWARE’s User Interface or other executable software residing on the COMPUTER. • Software as a Component of the Computer - Transfer. THIS LICENSE MAY NOT BE SHARED, TRANSFERRED TO OR USED CONCURRENTLY ON DIFFERENT COMPUTERS. The SOFTWARE is licensed with the HARDWARE as a single integrated product and may only be used with the HARDWARE. If the SOFTWARE is not accompanied by new HARDWARE, you may not use the SOFTWARE. You may permanently transfer all of your rights under this EULA only as part of a permanent sale or transfer of the HARDWARE, provided you retain no copies, if you transfer all of the SOFTWARE (including all component parts, the media and printed materials, any upgrades, this EULA and the Certificate of Authenticity), and the recipient agrees to the terms of this EULA. If the SOFTWARE is an upgrade, any transfer must also include all prior versions of the SOFTWARE. • Mandatory Activation. THIS SOFTWARE CONTAINS TECHNOLOGICAL MEASURES THAT ARE DESIGNED TO PREVENT UNLICENSED OR ILLEGAL USE OF THE SOFTWARE. The license rights granted under this EULA are limited to the first thirty (30) days after you first run the SOFTWARE unless you supply information required to activate your licensed copy in the manner described during the setup sequence (unless
Manufacturer has activated for you). You can activate the SOFTWARE through the use of the Internet or telephone; toll charges may apply. You may also need to reactivate the SOFTWARE if you modify your HARDWARE or alter the SOFTWARE. • Security Updates. Content providers are using the digital rights management technology (“Microsoft DRM”) contained in this SOFTWARE to protect the integrity of their content (“Secure Content”) so that their intellectual property, including copyright, in such content is not misappropriated. Owners of such Secure Content (“Secure Content Owners”) may, from time to time, request MS, Microsoft Corporation or their subsidiaries to provide security related updates to the Microsoft DRM components of the SOFTWARE (“Security Updates”) that may affect your ability to copy, display and/or play Secure Content through Microsoft software or third party applications that utilize Microsoft DRM. YOU THEREFORE AGREE THAT, IF YOU ELECT TO DOWNLOAD A LICENSE FROM THE INTERNET WHICH ENABLES YOUR USE OF SECURE CONTENT, MS, MICROSOFT CORPORATION OR THEIR SUBSIDIARIES MAY, IN CONJUNCTION WITH SUCH LICENSE, ALSO DOWNLOAD ONTO YOUR COMPUTER SUCH SECURITY UPDATES THAT A SECURE CONTENT OWNER HAS REQUESTED THAT MS, MICROSOFT CORPORATION OR THEIR SUBSIDIARIES DISTRIBUTE. MS, Microsoft Corporation or their subsidiaries will not retrieve any personally identifiable information, or any other information, from your COMPUTER by downloading such Security Updates. • Back-up Copy. IF MANUFACTURER HAS NOT INCLUDED A BACK-UP COPY OF THE SOFTWARE WITH THE COMPUTER ON PHYSICAL MEDIA (e.g. CD OR PARTITIONED HARD DRIVE), YOU MAY MAKE A SINGLE BACK-UP COPY OF THE SOFTWARE. You may use the back-up copy solely for your archival purposes and to reinstall the SOFTWARE on the COMPUTER. Except as expressly provided in this EULA or by local law, you may not otherwise make copies of the SOFTWARE, including the printed materials accompanying the SOFTWARE. You may not loan, rent, lease, lend or otherwise transfer the CD or back-up copy to another user. • Reservation of Rights. Manufacturer, Microsoft Licensing, Inc. ("MS") and its suppliers (including Microsoft Corporation) reserve all rights not expressly granted to you in this EULA. 2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. • NetMeeting/Remote Assistance Features. SOFTWARE may contain NetMeeting and Remote Assistance technologies that enable the SOFTWARE or other applications installed on the COMPUTER to be used remotely between two or more computers, even if the SOFTWARE or application is installed on only one COMPUTER. You may use NetMeeting and Remote Assistance with all Microsoft products; provided however, use of these technologies with certain Microsoft products may require an additional license. For Microsoft and non-Microsoft products, you should consult the license agreement accompanying the applicable product or contact the applicable licensor to determine whether use of NetMeeting or Remote Assistance is permitted without an additional license. • Consent to Use of Data. You agree that MS and Microsoft Corporation and their affiliates may collect and use technical information gathered in any manner as part of the product support services provided to you, if any, related to the SOFTWARE. MS, Microsoft Corporation and their affiliates may use this information solely to improve their products or to provide customized services or technologies to you. MS, Microsoft Corporation and their affiliates may disclose this information to others, but not in a form that personally identifies you. • Internet Gaming/Update Features. If you choose to utilize the Internet gaming or update features within the SOFTWARE, it is necessary to use certain COMPUTER system, hardware, and software information to implement the features. By using these features, you explicitly authorize MS, Microsoft Corporation and/or their designated agent to use this information solely to improve our products or to provide customized services or technologies to you. MS or Microsoft Corporation may disclose this information to others, but not in a form that personally identifies you. • Internet-Based Services Components. The SOFTWARE contains components that enable and facilitate the use of certain Internet-based services. You acknowledge and agree that MS, Microsoft Corporation or their subsidiaries may automatically check the version of the SOFTWARE and/or its components that you are utilizing and may provide upgrades or supplements to the SOFTWARE that may be automatically downloaded to your COMPUTER. • Language Version Selection. Manufacturer may have elected to provide you with a one-time selection of two or more language versions of the SOFTWARE as part of the SOFTWARE setup process. In such event, you are licensed to use only one of the language versions provided. Once you have used a language version, you are not licensed to use any of the other language versions that Manufacturer may have included with the COMPUTER.
• Operating System Selection. Manufacturer may have elected to provide you with a selection of Microsoft operating system software for the COMPUTER. If the SOFTWARE PRODUCT includes more than one (1) Microsoft operating system (“Microsoft OS”), you are licensed to use only one of the Microsoft OS selections provided. As part of the setup process for the SOFTWARE you will be given a one-time option to select one (1) Microsoft OS. Upon selection, the one Microsoft OS selected by you will be set up on the COMPUTER, and the other Microsoft OS(s) not selected by you will be automatically and permanently deleted from the hard disk of the COMPUTER. • Additional Software/Services. The terms of this EULA apply to Microsoft updates, supplements, add-on components, or Internet-based services components of the SOFTWARE ("Supplemental Components") that Manufacturer, MS, Microsoft Corporation or their subsidiaries may provide to you or make available to you after the date you obtain your initial copy of the SOFTWARE, unless other terms are provided along with such Supplemental Components. If other terms are not provided along with such Supplemental Components and the Supplemental Components are provided to you by MS, Microsoft Corporation or a Microsoft subsidiary then you will be licensed by such entity under the same terms and conditions of this EULA, except that the MS, Microsoft Corporation or Microsoft subsidiary entity providing the Supplemental Components will be the licensor with respect to such components in lieu of the "Manufacturer" for the purposes of the EULA, including, without limitation the Limited Warranty Appendix. THE LIMITED WARRANTY (IF ANY) INCLUDED WITH OR IN THIS EULA APPLIES TO SUCH SUPPLEMENTAL COMPONENTS (IF ANY) PROVIDED THAT YOU LICENSED THE SUPPLEMENTAL COMPONENTS WITHIN THE ORIGINAL TERM OF THE LIMITED WARRANTY. HOWEVER, PROVISION OF THE SUPPLEMENTAL COMPONENTS DOES NOT EXTEND THE TIME PERIOD FOR WHICH THE LIMITED WARRANTY IS PROVIDED. ALL OTHER DISCLAIMERS, EXCLUSIONS OF DAMAGES, AND LIMITATIONS OF LIABILITY AND REMEDIES SET FORTH IN THIS EULA SHALL APPLY TO SUCH SUPPLEMENTAL COMPONENTS. Manufacturer, MS, Microsoft Corporation and their subsidiaries reserves the right to discontinue any Microsoft Internet-based services provided to you or made available to you through the use of the SOFTWARE. This EULA does not grant you any rights to use the Windows Media Format Software Development Kit (“WMFSDK”) components contained in the SOFTWARE to develop a software application that uses Windows Media technology. If you wish to use the WMFSDK to develop such an application, visit http://msdn.microsoft.com/workshop/imedia/windowsmedia/sdk/wmsdk.asp, accept a separate license for the WMFSDK, download the appropriate WMFSDK, and install it on your system. • 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. • Separation of Components. The SOFTWARE is licensed as a single product. Its component parts may not be separated for use on more than one computer. • Single EULA. The package for the SOFTWARE may contain multiple versions of this EULA, such as multiple translations and/or multiple media versions (e.g., in the user documentation and in the software). In this case, you are only licensed to use one (1) copy of the SOFTWARE. • Termination. Without prejudice to any other rights, Manufacturer or MS may cancel this EULA if you do not abide by the terms and conditions contained herein. In such event, you must destroy all copies of the SOFTWARE and all of its component parts. • Trademarks. This EULA does not grant you any rights in connection with any trademarks or service marks of Manufacturer, MS or its suppliers (including Microsoft Corporation). 3. UPGRADES. If the SOFTWARE is labeled as an upgrade, you must be properly licensed to use a product identified by MS or Microsoft Corporation as being eligible for the upgrade in order to use the SOFTWARE ("Eligible Product"). For the purpose of upgrade(s) only, "HARDWARE" shall mean the computer system or computer system component with which you received the Eligible Product. SOFTWARE labeled as an upgrade replaces and/or supplements (and may disable, if upgrading a Microsoft software product) the Eligible Product which came with the HARDWARE. After upgrading, you may no longer use the SOFTWARE that formed the basis for your upgrade eligibility (unless otherwise provided). You may use the resulting upgraded product only in accordance with the terms of this EULA and only with the HARDWARE. If the SOFTWARE is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.
4. INTELLECTUAL PROPERTY RIGHTS. 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 MS or its suppliers (including Microsoft Corporation). The SOFTWARE is licensed, not sold. All title and intellectual property rights in and to the content that is not contained in the SOFTWARE, but which may be accessed through use of the SOFTWARE is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. 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 that is provided only in electronic form, you may print one copy of such electronic documentation. You may not copy the printed materials accompanying the SOFTWARE. 5. PRODUCT SUPPORT. SOFTWARE support for the SOFTWARE is not provided by MS, Microsoft Corporation, or their affiliates or subsidiaries. For product support, please refer to Manufacturer's support number provided in the documentation for the HARDWARE. Should you have any questions concerning this EULA, or if you desire to contact Manufacturer for any other reason, please refer to the address provided in the documentation for the HARDWARE. 6. EXPORT RESTRICTIONS. You acknowledge that the SOFTWARE is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the products, 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, see http://www.microsoft.com/exporting/. 7. U.S. GOVERNMENT LICENSE RIGHTS. All SOFTWARE PRODUCT provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial rights and restrictions described elsewhere herein. All SOFTWARE 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 FAR, 48 CFR 252.227-7013 (OCT 1988), as applicable. 8. ADDITIONAL PROVISIONS. FOR THE LIMITED WARRANTIES, LIMITATION OF LIABILITY, AND OTHER SPECIAL PROVISIONS, PLEASE REFER TO THE ADDITIONAL PROVISIONS PROVIDED BELOW AND/OR OTHERWISE WITH THE SOFTWARE. SUCH LIMITED WARRANTIES, LIMITATION OF LIABILITY AND SPECIAL PROVISIONS ARE AN INTEGRAL PART OF THIS EULA.
APPENDIX WARRANTY AND SPECIAL PROVISIONS FOR AUSTRALIA, NEW ZEALAND OR PAPUA NEW GUINEA EXPRESS LIMITED WARRANTY
CONSUMER RIGHTS. Consumers may have the benefit of certain rights or remedies pursuant to the Trade Practices Act and similar state and territory laws in Australia or the Consumer Guarantees Act in New Zealand, in respect of which certain liability may not be excluded. LIMITED EXPRESS WARRANTY. Manufacturer warrants that: (a) the SOFTWARE will perform substantially in accordance with the accompanying Product Manual(s) for a period of 90 days from the date of receipt; and (b) any Microsoft hardware accompanying SOFTWARE will be free from defects in materials and workmanship under normal use and service for a period of 1 year from the date of receipt. CUSTOMER REMEDIES. To the maximum extent permitted under applicable law, Manufacturer's and its supplier’s entire liability and your exclusive remedy under the express warranty is, at Manufacturer's option, either (a) return of the price paid; or (b) repair or replacement of the SOFTWARE or Microsoft hardware which does not meet the warranty and which is returned to Manufacturer with a copy of your receipt. The warranty is void if failure of the SOFTWARE or Microsoft hardware has resulted from accident, abuse or misapplication. Any replacement SOFTWARE and/or Microsoft hardware will be warranted for the remainder of the original warranty period or 30 days, whichever is longer.
LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, any conditions or warranties imposed or implied by law are hereby excluded. Consumers may nevertheless have the benefit of certain rights or remedies pursuant to the Trade Practices Act and similar state and territory laws in Australia or the Consumer Guarantees Act in New Zealand, in respect of which liability may not be excluded. Insofar as such liability may not be excluded, then to the maximum extent permitted by law, such liability is limited, at the exclusive option of Manufacturer, to either (a) replacement of the SOFTWARE (and any accompanying hardware supplied); or (b) correction of defects in the SOFTWARE; or (c) payment of the cost of having defects in the SOFTWARE (and any accompanying hardware supplied). EXCLUSION OF LIABILITY/DAMAGES. The following is without prejudice to any rights you may have at law which cannot legally be excluded or restricted. You acknowledge that no promise, representation, warranty or undertaking has been made or given by Manufacturer and/or Microsoft Corporation (or related company of either) to any person or company on its behalf in relation to the profitability of or any other consequences or benefits to be obtained from the delivery or use of the SOFTWARE and any accompanying Microsoft hardware, software, manuals or written materials. You have relied upon your own skill and judgement in deciding to acquire the SOFTWARE and any accompanying hardware, manuals and written materials for use by you. Except as and to the extent provided in this agreement, neither Manufacturer and/or Microsoft Corporation (or related company of either) will in any circumstances be liable for any other damages whatsoever (including, without limitation, damages for loss of business, business interruption, loss of business information or other indirect or consequential loss) arising out of the use or inability to use or supply or non-supply of the SOFTWARE and any accompanying hardware and written materials. Manufacturer's and/or Microsoft Corporation (or related company of either) total liability under any provision of this agreement is in any case limited to the amount actually paid by you for the SOFTWARE and/or Microsoft hardware. This agreement is governed by the laws of New South Wales, Australia or, where supplies are made in New Zealand, by the laws of New Zealand.
APPENDIX WARRANTY AND SPECIAL PROVISIONS FOR ENGLAND, SCOTLAND, WALES AND IRELAND LIMITED WARRANTY LIMITED WARRANTY. Manufacturer warrants that (a) the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and (b) any Microsoft hardware accompanying the SOFTWARE will be free from defects in materials and workmanship under normal use and service for a period of one (1) year from the date of receipt. Any implied warranties on the SOFTWARE and Microsoft hardware are limited to ninety (90) days and one (1) year, respectively. Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. CUSTOMER REMEDIES. Manufacturer's and its suppliers' entire liability and your exclusive remedy shall be, at Manufacturer's option, either (a) return of the price paid, or (b) repair or replacement of the SOFTWARE or hardware that does not meet this Limited Warranty and which is returned to Manufacturer with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE or hardware has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE or hardware will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. NO OTHER WARRANTIES. To the maximum extent permitted by applicable law, Manufacturer and its suppliers disclaim all other representations, warranties, conditions or other terms, either express or implied, including, but not limited to implied warranties amd/or conditions of merchantability and fitness for a particular purpose, with regard to the SOFTWARE, the accompanying written materials, and any accompanying hardware. This limited warranty gives you specific legal rights. You may have others which vary from state/jurisdiction to state/jurisdiction. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall Manufacturer or its suppliers be liable for any damages whatsoever (including without limitation, direct or indirect damages for personal injury, loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this product, even if Manufacturer has been advised of the possibility of such damages. In any case, Manufacturer's and its suppliers' entire liability under any provision of this agreement shall be limited to the amount actually paid by you for the SOFTWARE and/or Microsoft hardware. 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.
SPECIAL PROVISIONS Reverse Engineering: If you acquired the SOFTWARE in the European Community, you may not reverse engineer, decompile, or dissassemble the SOFTWARE except to the extent and for the express purposes authorized by applicable law.
This Software License Agreement is governed by the laws of England.
APPENDIX WARRANTY AND SPECIAL PROVISIONS FOR CANADA LIMITED WARRANTY LIMITED WARRANTY. Manufacturer warrants that (a) the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and (b) any Microsoft hardware accompanying the SOFTWARE will be free from defects in materials and workmanship under normal use and service for a period of one (1) year from the date of receipt. Any implied warranties or conditions on the SOFTWARE and Microsoft hardware are limited to ninety (90) days and one (1) year, respectively. Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. CUSTOMER REMEDIES. Manufacturer's and its suppliers' entire liability and your exclusive remedy shall be, at Manufacturer's option, either (a) return of the price paid, or (b) repair or replacement of the SOFTWARE or hardware that does not meet this Limited Warranty and which is returned to Manufacturer with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE or hardware has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE or hardware will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. NO OTHER WARRANTIES. To the maximum extent permitted by applicable law, Manufacturer and its suppliers disclaim all other warranties, either express or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose, with regard to the SOFTWARE, the accompanying written materials, and any accompanying hardware. This limited warranty gives you specific legal rights. You may have others which vary from state/jurisdiction to state/jurisdiction. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall Manufacturer or its suppliers be liable for any damages whatsoever (including without limitation, direct or indirect damages for personal injury, loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this product, even if Manufacturer has been advised of the possibility of such damages. In any case, Manufacturer's and its suppliers' entire liability under any provision of this agreement shall be limited to the amount actually paid by you for the SOFTWARE and/or Microsoft hardware. 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.
This Software License Agreement is governed by the laws of the Province of Ontario, Canada. 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.
ANNEXE GARANTIE ET DISPOSITIONS PARTICULIÈRES POUR LE CANADA GARANTIE LIMITÉE
Si vous vous êtes procuré ce produit Microsoft® ou ce matériel Microsoft® au CANADA, la garantie suivante s'adresse à vous. GARANTIE LIMITÉE. Le Fabricant garantit que (a) la performance du LOGICIEL sera substantiellement en conformité avec les documents écrits qui l'accompagnent pour une période de quatre-vingt-dix (90) jours à compter de la date de réception, et que (b) tout matériel de Microsoft fourni avec le LOGICIEL sera exempt de défaut de matière première ou de vice de fabrication dans des conditions normales d'utilisation et d'entretien pour une période d'un (1) an à compter de la date de réception. Toutes garanties ou conditions implicites concernant le LOGICIEL et le matériel Microsoft sont limitées à quatrevingt-dix (90) jours et un (1) an, respectivement. RECOURS DU CLIENT. La seule obligation du Fabricant et de ses fournisseurs et votre recours exclusif seront, au choix du Fabricant, soit (a) le remboursement du prix payé ou (b) la réparation ou le remplacement du LOGICIEL ou du matériel qui n'est pas conforme à la Garantie limitée et qui est retourné au Fabricant avec une copie de votre reçu. Cette Garantie limitée est nulle si la défectuosité du LOGICIEL ou du matériel est causée par un accident, un traitement abusif ou une mauvaise application. Tout LOGICIEL ou matériel de remplacement sera garanti pour le reste de la période de garantie initiale ou pour trente (30) jours, selon laquelle de ces deux périodes est la plus longue. EXCLUSION DE TOUTE AUTRE GARANTIE. Selon la portée maximale autorisée par la loi applicable, le Fabricant et ses fournisseurs renoncent à toutes autres garanties ou conditions, expresses ou implicites, y compris mais ne se limitant pas aux garanties implicites de la qualité marchande ou un usage particulier en ce qui concerne le LOGICIEL, la documentation écrite et tout matériel qui l'accompagnent. Cette garantie limitée vous accorde des droits spécifiques reconnus par la loi. ABSENCE DE RESPONSABILITÉ POUR LES DOMMAGES INDIRECTS. Selon la portée maximale autorisée par la loi applicable, le Fabricant ou ses fournisseurs ne pourront être tenus responsables en aucune circonstance de tous dommages quels qu'ils soient (y compris mais non de façon limitative les dommages directs ou indirects causés par des lésions corporelles, la perte de bénéfices commerciaux, l'interruption des affaires, la perte d'information commerciale ou toute autre perte pécuniaire) découlant de l'utilisation ou de l'impossibilité d'utilisation de ce produit, et ce même si le Fabricant a été avisé de l'éventualité de tels dommages. En tout état de cause, la seule responsabilité du Fabricant et de ses fournisseurs en vertu de toute disposition de cette Convention se limitera au montant que vous aurez effectivement payé pour l'achat du LOGICIEL et/ou du matériel Microsoft. La présente Convention de droits d'utilisation de logiciel est régie par les lois de la province d'Ontario, Canada. Chacune des parties aux présentes reconnaît irrévocablement la compétence des tribunaux de la province d'Ontario et consent à instituer tout litige qui pourrait découler des présentes auprès des tribunaux situés dans le district judiciaire de York, province d'Ontario.
APPENDIX WARRANTY AND SPECIAL PROVISIONS FOR THE UNITED STATES OF AMERICA AND ANY OTHER COUNTRY LIMITED WARRANTY LIMITED WARRANTY. Manufacturer warrants that (a) the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and (b) any Microsoft hardware accompanying the SOFTWARE will be free from defects in materials and workmanship under normal use and service for a period of one (1) year from the date of receipt. Any implied warranties on the SOFTWARE and Microsoft hardware are limited to ninety (90) days and one (1) year, respectively. Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.
CUSTOMER REMEDIES. Manufacturer's and its suppliers' entire liability and your exclusive remedy shall be, at Manufacturer's option, either (a) return of the price paid, or (b) repair or replacement of the SOFTWARE or hardware that does not meet this Limited Warranty and which is returned to Manufacturer with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE or hardware has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE or hardware will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. NO OTHER WARRANTIES. To the maximum extent permitted by applicable law, Manufacturer and its suppliers disclaim all other warranties, either express or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose, with regard to the SOFTWARE, the accompanying written materials, and any accompanying hardware. This limited warranty gives you specific legal rights. You may have others which vary from state/jurisdiction to state/jurisdiction. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall Manufacturer or its suppliers be liable for any damages whatsoever (including without limitation, special, incidental, consequential, or indirect damages for personal injury, loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this product, even if Manufacturer has been advised of the possibility of such damages. In any case, Manufacturer's and its suppliers' entire liability under any provision of this agreement shall be limited to the amount actually paid by you for the SOFTWARE and/or Microsoft hardware. 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.
SPECIAL PROVISIONS U.S. GOVERNMENT LICENSE RIGHTS. All SOFTWARE 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 in this EULA. All SOFTWARE 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. Manufacturer is responsible for ensuring the SOFTWARE is marked with the "Restricted Rights Notice" or "Restricted Rights Legend," as required. All rights not expressly granted are reserved. If you acquired the SOFTWARE in the United States of America, this Software License Agreement and Warranty are governed by the laws of the State of Washington, U.S.A. If you acquired the SOFTWARE outside the United States of America, local law may apply.
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