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TWOm User Guide - R1.0.2 - October 7, 2010 113
before the change takes place by online posting. If you do not agree to these changes, then you must
stop using the KIN Device before the change takes place. If you do not stop using the KIN Device,
then your use of the Kin Device will continue under the changed Agreement.
1. KIN Software
1.1. Definition
“KIN Software” means any software, in executable code form, owned by Microsoft (or software
owned by third parties which Microsoft has the right to distribute or sublicense) and either pre-
loaded on the Device at the time of manufacture or otherwise furnished to you by Microsoft in its sole
discretion. “KIN Software” includes the KIN operating system and applications, including any and all
updates to the same.
1.2. License Grant
Microsoft grants you the right to utilize KIN Software solely in connection with your authorized use
of the Device. You will not disassemble, decompile, or reverse engineer the KIN Software, except and
only to the extent that the law expressly permits this activity. The KIN 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. Without limitation, you may not transfer the software or service without U.S.
government permission to anyone on U.S. government exclusion lists (see Commerce Department’s
Lists to Check); the governments of Iran, Sudan, or Cuba; or prohibited members of the Cuban
Communist Party. You represent and warrant that you are not on any of those lists or under the
control of or an agent for anyone on those lists or the entities listed above. For more information, see
the Exporting Microsoft Products website (http://www.microsoft.com/exporting).
1.3. Third-Party Software
You understand and agree that in addition to the KIN Software, the Device may contain certain third-
party software ("Third-Party Software"), the use of which may be subject to separate license
agreements containing additional terms and conditions. Any such license agreements will be
provided to you separately. You hereby agree to comply with all such additional terms and conditions
in your use of the Third-Party Software.
2. Ownership
The KIN Software is licensed to you, not sold. Microsoft and its licensors retain exclusive ownership
of all proprietary rights, including all patent, copyright, trade secret, trademark and other intellectual
property rights worldwide, in and to the KIN Software (including any corrections, bug fixes,
enhancements, updates or other modifications thereto). There are no implied licenses under this
Agreement, and all rights not expressly granted are hereby reserved.