Provider End User License Agreement
Select Agreement number

Date

MA EEC to complete

Select

Enrollment

issuance

MA EEC to complete

3185342 / 7085033

Eligible
recipient’s
Tax
Identification
Number

number

MA EEC to complete

of

01S62524/01S6794

MA EEC to complete

Name of eligible recipient signing this
Agreement
MA EEC to complete

IMPORTANT—READ CAREFULLY: This Microsoft Provider End User License Agreement (“Provider EULA”) is
issued to you, the eligible recipient (as such term is defined in the Massachusetts Department of Early Education and
Care’s (MA EEC’s) Microsoft Select volume license agreement(s), and documents the transfer of the product license(s)
listed below pursuant to MA EEC’s Microsoft Select Agreement. The issuance of this Provider EULA is conditioned
upon your current status as an eligible recipient at the time this Provider EULA is issued. This Provider EULA is a legal
agreement between you and Microsoft Licensing, GP (“Licensor”). For purposes of this Provider EULA, the term
“Software Product” shall mean the product(s) identified in Section 1 below, and the term “License” shall mean the right
to make, use or access a particular copy of the Software Product. The Software Product is protected by copyright laws
and international copyright treaties, as well as other intellectual property laws and treaties. The Software Product is
licensed, not sold. By signing below, accepting delivery, and otherwise running or using the Software Product, you
agree to be bound by the terms of this Provider EULA.

Software Product license.
1. Grant of license
Licensor hereby grants you the right to use one copy of the version number of the Software Product(s) identified
below. Your right to use each Software Product shall be governed by and subject to the relevant section(s) of
the most current product use rights as set forth in MA EEC’s Microsoft Select volume licensing agreement. A
copy of such use terms is attached to and incorporated by reference into this Provider EULA.
Product Description

Version No.

Microsoft
Edition

2003

Office

Standard

Language
English

2. Description of other rights and limitations.
a. Limitations on reverse engineering, recompilation, and disassembly. You may not
reverse engineer, decompile, or disassemble the Software Product, except and only to the extent that
such activity is expressly permitted by applicable law notwithstanding this limitation.

b. Separation of components. The Software Product is licensed as a single product. Its component
parts, if any, may not be separated for use on more than one computer unless expressly stated
otherwise in the use terms.

c. Rental. You may not rent, lease, or lend the Software Product to any third party.
d. Support Services. Customers acquiring software under the Microsoft Select License program are
not entitled to free telephone support. Since you have acquired the Software Product under MA EEC’s
Select volume licensing agreement, you shall not be entitled to free telephone support from Microsoft
with respect to the Software Product, and must obtain any support from MA EEC. Any supplemental
software code provided to you by MA EEC (and which was provided to MA EEC by Microsoft) as part
of such support services shall be considered part of the Software Product and subject to the terms and
conditions of this Provider EULA. With respect to technical information you provide to Microsoft or MA
EEC as part of any such support services, Microsoft may use such information for its business

Microsoft Academic Select v6.4 Student License Agreement
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purposes, including for product support and development. Microsoft will not utilize such technical
information in a form that personally identifies you.

e. Software Transfer. Notwithstanding any terms to the contrary in MA EEC’s Microsoft Select volume
licensing agreement, you may not sell, assign or otherwise transfer your rights under this Provider
EULA. In view of the fact that you have acquired the right to use the Software Product under special
terms pursuant to MA EEC’s Microsoft Select volume licensing agreement, any transfer of your rights
under this Provider EULA is strictly prohibited. In the event that you transfer the computer upon
which the License was provided to you by MA EEC to any party other than to MA EEC, you
must remove the Software Product from the computer prior to such transfer.

f.

Termination. Without prejudice to any other rights, Microsoft may terminate this Provider EULA if
you fail to comply with the terms and conditions of this Provider EULA. In such event, you must destroy
all copies of the Software Product and all of its component parts.

3. Upgrades.
All operating system licenses provided under this Provider EULA are upgrade Licenses. No full operating
system licenses are available under MA EEC’s Microsoft Select volume license agreement.
If the Software Product is labeled as an upgrade, you must be properly licensed to use a product identified by
Microsoft as being eligible for the upgrade to use the Software Product. A Software Product labeled as an
upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You
may use the resulting upgraded product only in accordance with the terms of this Provider EULA. If the
Software Product is an upgrade of a component of a package of software programs that you licensed as a
single product, the Software Product may be used only as part of that single product package and may not be
separated for use on more than one computer.

4. Copyright.
All title and copyrights in and to the Software Product (including but not limited to any images, photographs,
animations, video, audio, music, text, and “applets” incorporated into the Software Product), and any copies of
the Software Product are owned by Microsoft or its suppliers. The Software Product is protected by copyright
laws and international treaty provisions. Therefore, you must treat the Software Product like any other
copyrighted material except that you may not perform your own installation of the Software Product, and may
only use the Software Product on the single Granted Computer upon which MA EEC has installed the Software
product for you. You may not make backup copies or archival copies of the Software Product. MA EEC
will keep a backup copy from which it will perform any reinstallation that you may require.

5. U.S. government restricted rights.
The Software Product is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the
Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and
Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial
Computer Software—Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Microsoft
Corporation/One Microsoft Way/Redmond, WA 98052-6399.

6. Limited warranty.
For the purposes of this limited warranty, the following definitions shall apply:
“Software Product” means an “eligible product,” as such term is defined in the Microsoft volume license agreement(s)
between the Massachusetts Department of Early Education and Care (“MA EEC”); and
“Granted Computer” means the computer that was provided to you by MA EEC, upon which the Software Product is
installed.
Microsoft warrants that the eligible product will perform substantially in accordance with the applicable user documentation
published by Microsoft for a period of ninety (90) days from the date you first received the granted computer with the
eligible product installed upon it. Some states and jurisdictions do not allow limitations on duration of an implied warranty,
so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the eligible
product, if any, are limited to ninety (90) days. Notwithstanding the foregoing, Microsoft under no circumstances warrants
the eligible product copy on the granted computer. Microsoft does not provide you with any free support services
associated with your License.
Microsoft Provider End User License Agreement v6.4
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CUSTOMER REMEDIES. In the event that the eligible product fails to meet the above Limited Warranty, you must return
the eligible product (along with the granted computer and your Provider EULA) to MA EEC. Microsoft’s, its suppliers’
and the MA EEC’s entire liability and your exclusive remedy shall be, at Microsoft’s option, either (a) the replacement of
the eligible product that does not meet Microsoft’s Limited Warranty with one that does meet the Warranty, in which case
MA EEC will return the granted computer to you with the replacement eligible product installed; or (b) the removal of the
eligible product from the granted computer, in which case MA EEC will return the granted computer to you with the
eligible product removed and will terminate the License transfer. This Limited Warranty is void if failure of the eligible
product has resulted from accident, abuse, or misapplication. Any replacement eligible product 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, MICROSOFT
AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE ELIGIBLE
PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM
STATE TO STATE.

6. Limitation of liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT OR
ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL
DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR 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 THE SOFTWARE PRODUCT
OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF MICROSOFT HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, MICROSOFT’S ENTIRE
LIABILITY UNDER ANY PROVISION OF THIS PROVIDER EULA SHALL BE LIMITED TO THE GREATER OF
THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S.$5.00. BECAUSE
SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

7. Miscellaneous.
a. Choice of law. This Provider EULA is governed by the laws of the state of Massachusetts.
b. Questions. Should you have any questions concerning this Provider EULA, please contact MA EEC.
If you desire to contact Microsoft for any reason, please write: Microsoft Sales Information Center/One
Microsoft Way/Redmond, WA 98052-6399.
By signing below, you agree to be bound by the terms of this Provider EULA:
Name of eligible recipient
Signature
Printed name
Printed tax identification number
Date

Microsoft Provider End User License Agreement v6.4
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(U.S.) (English) August 15, 2005

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