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Windows® 10 IoT Core Services (ESD)
The following Additional Terms ("AT") apply to the Products as indicated above and are in addition to terms of Company's
Microsoft OEM Customer License Agreement for Embedded Systems ("Agreement"). Capitalized terms used below and
not otherwise defined have the meaning set in the Agreement. These ATs supersede any inconsistent terms in the
Agreement.
1. General Terms
(a) Valid Agreement
In order to obtain Runtime License Envelopes, Company must have a valid, current Agreement.
(b) License Terms
(1) Company shall sublicense rights to use the Product to each End User by means of License Terms. MS
License Terms for each Product are posted on the Partner Portal. For purposes of this subsection, "MS
License Terms" means the Product License Terms available on the Partner Portal. Company may use
different terms or additional terms, as long as they are no less protective of MS than the MS License Terms.
(2) If Company elects to use the MS License Terms, Company should substitute its name for "[OEM]" in the MS
License Terms. Company may also substitute the term "[Company]'s software suppliers" for the term "MS" in
the MS License Terms.
(3) Company must notify each End User before or at the time of purchase that the
(i)
Embedded System contains software that is subject to the License Terms; and
(ii)
End User must agree to the License Terms before using the Embedded System.
(4) Company must distribute License Terms in a manner that forms a contract binding the End User under
applicable law.
(5) (5) From time to time, MS may update the MS License Terms for a Product. Any such updates will be posted
on the Partner Portal. For each Product, Company may use any version of the applicable MS License Terms
that has been posted on the Partner Portal during the term of this Agreement. Certain updates to the MS
License Terms may be required as provided in Section 2 (License Grant Limitations) of the Agreement.
(c) Windows Preinstallation Environment
(1) Company may include Microsoft® Windows® Preinstallation Environment, Version 3.0 or any successor
version ("WinPE 3.0") in the recovery solution for the Product..
(2) No royalty is owed for WinPE 3.0 included in recovery solutions pursuant to this Section 1(d).
(3) WinPE 3.0 may not function properly with the Product. If Company includes WinPE 3.0 in a recovery solution,
then the following terms apply:
(i)
Despite any other terms in the Agreement, MS and its Suppliers provide WinPE 3.0 "AS IS" and with
all faults. MS and its Suppliers make no warranties, conditions or guarantees with respect to these
products and disclaim all warranties and conditions, whether express, implied or statutory, including
but not limited to any warranties or conditions of or related to merchantability and fitness for a
particular purpose, the entire risk arising out of use or performance of these products and any
support services remains with Company and the End User. The foregoing limitations, exclusions and
disclaimers will apply to the maximum extent permitted by applicable law; and 5 10/1/18
(ii)
Company must provide prominent notice to End Users indicating that the recovery solution may not
function properly.
(d) Language Versions
Language versions other than English are licensed on an "if and as available" basis.
(e) Definitions
Partner Portal" means the website designated by Microsoft through which Microsoft may provide access to tools,
documents and communications to Company, as updated by Microsoft from time to time.
"Processor" means a central processing unit, including dual core and multi-core processors.
"Processor Requirements" means the document posted at
updated URL).
2. Permitted Use of Deliverables
Company may only use the Deliverables to:
(a) perform internal testing of Embedded Systems, and
Guide utilisateur XENTRY Diagnosis Kit 4 - GSP/ORE, version 09/2020 (valable jusqu'à résiliation)
Mercedes-Benz AG, Mercedesstr. 120, 70372 Stuttgart
(37), (40), (45), (46), (47), (49)
(1), (2), (5), (13), (15), (18), (20), (29),
(30), (37), (40), (45), (46), (48), (49)
N/A
https://go.microsoft.com/fwlink/?linkid=847781
(or
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