You may make archival or back-up copies of the Software, provided each copy contains all of the copyright and other proprietary notices contained on the original Software and such copies and is used only for back-up purposes. Software may include or incorporate software provided by Microsoft Corporation "Microsoft Software". In addition to all other terms and conditions of this Agreement, the following applies to Your installation and use of Microsoft Software.
You may not: i sell, lease, loan, sublicense, or use the Microsoft Software for commercial software hosting services; ii publish any benchmark results for the Microsoft Software; iii work around any technical limitations in the Microsoft Software; or iv separate components of the Microsoft Software and install them on different pieces of equipment. The Software may include code developed by one or more third parties "Third Party Software".
Some Third Party Software may be subject to other terms and conditions that may be found in an open source software disclosure package provided with the Software or available for download with the product documentation.
Notwithstanding the terms and conditions of this Agreement, the Third Party Software is licensed to you subject to the terms and conditions of the software license agreement identified in the open source software disclosure.
If the third party terms and conditions include licenses that provide for the availability of source code such as the GNU General Public License , the open source software disclosure or the media on which the Software may be delivered will contain the source code or provide instructions where a copy of such source code can be obtained. Xerox will pay any settlement agreed to by Xerox or any final judgment for, any claim that Software infringes a third party's valid United States patent or copyright, provided that you promptly notify Xerox in writing of any alleged infringement, allow Xerox to direct the defense, and fully cooperate with Xerox.
Xerox is not responsible for any non-Xerox litigation expenses or settlements unless Xerox agrees to them in writing. To avoid infringement, even if not alleged, Xerox may, at its option, and at no charge to you, either obtain a license, provide a replacement for the Software or remove or request that you remove the Software.
Xerox will not be liable for any infringement-related liability outside the scope of this section, including, without limitation, infringement based upon the Software being modified to your specifications or due to the Software being used in combination with equipment, software or supplies not provided by Xerox. Notwithstanding any damages that you might incur, the entire liability of Xerox and its licensors under this Agreement and your exclusive remedy will be limited to the greater of the amount actually paid by you for the Software or U.
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