.mbox not being indexed

I tried your file.

With this job:

---
name: "mbox"
fs:
  url: "/Users/dpilato/tmp/mbox"

In Kibana, I ran:

GET mbox/_search

And I got:

{
  "took" : 2,
  "timed_out" : false,
  "_shards" : {
    "total" : 1,
    "successful" : 1,
    "skipped" : 0,
    "failed" : 0
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  "hits" : {
    "total" : {
      "value" : 1,
      "relation" : "eq"
    },
    "max_score" : 1.0,
    "hits" : [
      {
        "_index" : "mbox",
        "_type" : "_doc",
        "_id" : "9bf3dbe44c2e89ce4c43991ec216cfd9",
        "_score" : 1.0,
        "_source" : {
          "content" : """Please review

-- 
Tyson DiMetrioAccount Manager
Awesome Things Company

Proposed Federal E-Discovery Rule Changes
Provisors OC LLP
 SingerLewak LLP Mar. 5, 2015

Sherry Katz, esq

Eric robi, cce

Rule Changes Overview

Overview

Proposed changes to Federal Rules of Civil Procedure relating to E-Discovery

Interplay with Ethics Rules

Federal E-Discovery Rule Changes

This September the Judicial Conference approved changes to the ediscovery rules.

Rules 1, 4, 16, 26, 30, 31, 33, 34, and 37 are being changed. Effective December 2015.

Overarching goal of improving the disposition of civil cases by reducing the costs and delays in civil litigation, increasing realistic access to the courts, and furthering the goals of Rule 1 “to secure the just, speedy, and inexpensive determination of every action and proceeding.”    

Rule 1

Rule 1

Rule 1:   Rule 1. Scope and Purpose:  These rules govern the procedure in all civil actions and proceedings in the United States district courts, except as stated in Rule 81. They should be construed, and administered, and employed by the court and the parties to  secure the just, speedy, and inexpensive determination of  every action and proceeding.  (changes underlined)

Cooperation

Commentary makes clear that the purpose of this is to emphasize cooperation.

Note that the duty of zealous advocacy was removed from the federal model ethics rules in 2011.  

Language in rule is to make clear that the parties and lawyers as well as the courts are responsible for the administration of justice.

Rule 4

Rule 4

1. Rule 4(m) – Service of Summons and Complaint 

Rule 4(m) would be revised to shorten the time to serve the summons and complaint from 120 days to 60 days. The result of this amendment will be the commencement of civil actions in half-the-time. This proposal stems from the perception that the early stages of litigation often take too long. Like the present rule, the court may continue to extend the time if the plaintiff shows good cause for the failure to serve within the specified time frame. 

Rule 16

Rule 16

1     Rule 16. Pretrial Conferences; Scheduling; . . . The scheduling order may:  . . .     (iii) provide for disclosure, or discovery, or preservation of electronically stored information; (iv) include any agreements the parties reach for asserting claims of privilege or of protection as trial-preparation material after information is produced, including  agreements reached under Federal Rule of Evidence502; (v) direct that before moving for an order relating to discovery, the movant must request a conference with the court;

Committee Comment on Rule 16(b)(3)

Rule 16(b)(3) adds to the potential list of items included in a scheduling order that directs a party to request a conference with the court before moving for an order relating to discovery—consistent with the belief that addressing discovery disputes at their incipiency will reduce costs to all parties.

Rule 26

Language Removed from Rule 26(b)(1)

 including the existence, description, nature, custody, condition, and location of any documents or other tangible things and the identity and location of persons who know of any discoverable matter. For good cause, the court may order discovery of any matter relevant to the subject matter involved in the action. Relevant information need not be admissible at the trial if the discovery appears reasonably calculated to lead to the discovery of admissible evidence

Rule 26(b)(1)

Parties may obtain discovery regarding any nonprivileged matter that is relevant to any party’s claim or defense and proportional to the needs of the case, considering the amount in controversy, the importance of the issues at stake in the   action, the parties’ resources, the importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit. Information within this scope of discovery need not be admissible in evidence to be discoverable.

Rule 26(b)(2)(C)

 When Required. On motion or on its own, the court must limit the  frequency or extent of discovery otherwise allowed by these rules or by local rule if it determines that: . . .   (iii) the burden or expense of the proposed discovery is outside the scope permitted by Rule 26(b)(1) outweighs its likely benefit, considering the needs of the case, the amount in controversy, the parties’ resources, the importance of the issues at stake in the action, and the importance of the discovery in resolving the issues.

Rule 26(c)

The court may, for good  cause, issue an order to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense, including one or more of the following: . . . (B) specifying terms, including time and place or the allocation of expenses, for the disclosure or discovery;

Rule 26(f) Discovery Conference

  (3) Discovery Plan. A discovery plan must   state the parties’ views and proposals on:

. . .  (C) any issues about disclosure, or discovery, or preservation of electronically stored information, including the form or forms in which it should be produced; (D) any issues about claims of privilege or of protection as trial-preparation materials, including — if the parties agree on a procedure to assert these claims after production — whether to ask the court to include their agreement in an order under Federal Rule of Evidence 502;

Committee Comment on Rule 26(f)

Rule 26(f)(3) is amended in parallel with Rule 16(b)(3) to add two items to the discovery plan —issues about preserving electronically stored information and court orders on agreements to protect against waiver of privilege or work-product protection under Evidence Rule 502. Parallel amendments of Rule 37(e) recognize that a duty to preserve discoverable information may arise before an action is filed, and may be shaped by prefiling requests to preserve and responses to them.

Rule 34(b)(2)

Rule 34(b)(2) Responses

For each item or category, the response must either state that inspection and related activities will be permitted as   requested or state an objection to the request the grounds for objecting to the request with specificity, including the reasons. The responding party may state that it will produce copies of documents or of electronically stored information instead of permitting inspection. The production must then be completed no later than the time for inspection stated in the request or a later reasonable time stated in the response.

Rule 34(b)(2) Objections

(C) Objections. An objection must state whether any responsive materials are being withheld on the basis of that objection. An objection to part of a request must specify the part and permit inspection of the rest.

Rule 37

Rule 37(e)

(e) Failure to Preserve Discoverable Information.

Curative measures; sanctions. If a party failed to preserve discoverable information that should have been preserved in the anticipation or conduct of litigation, the court may:

permit additional discovery, order curative measures, or order the party to pay the reasonable expenses, including attorney’s fees, caused by the failure; and

Rule 37(e)(1)(B)

B) impose any sanction listed in Rule 37(b)(2)(A) or give an adverse-inference jury instruction, but only if the court finds that the party’s actions:

caused substantial prejudice in the litigation and were willful or in bad faith; or (ii) irreparably deprived a party of any meaningful opportunity to present or defend against the claims in the litigation.

Factors to determine bad faith

The court should consider all relevant factors in determining whether a party failed to preserve discoverable   information that should have been preserved    in the anticipation or conduct of litigation,  and whether the failure was willful or in bad faith. The factors include:

 (A) the extent to which the party was on notice that litigation was likely and that the information would be discoverable;

Factors to determine bad faith

B) the reasonableness of the party’s efforts to preserve the information; 

(C) whether the party received a request to preserve information, whether the request was clear and reasonable,  and whether the person who made it and the party consulted in good faith about the scope of preservation;

Factors to determine bad faith

(D) the proportionality of the preservation efforts to any anticipated or ongoing litigation; and whether the party timely sought the court’s guidance on any unresolved disputes about preserving discoverable information.

Interplay with Ethics Rules

Interplay with Ethics Rules

Proposed Formal Opinion Interim No. 11-00004, 2014

Almost every litigation matter potentially involves Ediscovery.

Little California law – look to federal law for guidance.

Federal Model Rule 1.1

“A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.”

- California Rule 3-110 also addresses competence.

New Comment to Rule 1.1

“To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology, engage in continuing study and education and comply with all continuing legal education requirements to which the lawyer is subject.”

Comment 8 to Rule 1.1 added March 2013

Relevance to Ediscovery

At a conference in April 2014, Judge Scheindlin clearly stated that the changes to Rule 1 of the FRCP were intended to be read in conjunction with Rule 1 of the Model Rules.  Competence in Ediscovery is necessary for the efficient administration of justice.

Duties According to Interim Opinion

1. Initially assess e-discovery needs and issues, if any;

2. implement appropriate ESI preservation procedures, including the obligation to advise a client of the legal requirement to take actions to preserve evidence, like electronic information, potentially relevant to the issues raised in the litigation

3. analyze and understand a client’s ESI systems and storage;

4. identify custodians of relevant ESI;

5. perform appropriate searches;

Duties According to Interim Opinion

6. collect responsive ESI in a manner that preserves the integrity of that ESI;

7 . advise the client as to available options for collection and preservation of ESI;

8.engage in competent and meaningful meet and confer with opposing counsel concerning an e-discovery plan; and

9. produce responsive ESI in a recognized and appropriate manner.

See, e.g., Pension Committee of the University of Montreal Pension Plan v. Banc of America Securities, LLC (S.D.N.Y. 2010) 685 F.Supp.2d 456, 462-465.

3-100, 3-110, 3-210, 5-200, and 5-220 of the Rules of Professional Conduct of the State Bar of California; and Business and Professions Code section 6068.

Duties According to Interim Opinion

See, e.g., Pension Committee of the University of Montreal Pension Plan v. Banc of America Securities, LLC (S.D.N.Y. 2010) 685 F.Supp.2d 456, 462-465.

3-100, 3-110, 3-210, 5-200, and 5-220 of the Rules of Professional Conduct of the State Bar of California; and Business and Professions Code section 6068.

Relevant Sections of Ethics Rules

3-100 – Confidential Information

3-110  - Competence

3-210 – Not advising violation of the law

5-200 – Trial Conduct

5-220 – Duty Not to Suppress Evidence

We’re Done!

Eric Robi, President

Elluma Discovery 

310-616-0204

eric@elluma.com

Sherry Katz, Vice President

Elluma Discovery 

310-616-0207

sherry@elluma.com

or Elluma
§

or Elluma
§

Proposed Federal E-
Discovery Rule Changes.
omeartoei ais

Great. 

Thanks Tyson.

On Thu, Apr 9, 2015 at 4:07 PM, Tyson Dimetrio <t.dimetrio333@gmail.com> wrote:
Please review

-- 
Tyson DiMetrioAccount Manager
Awesome Things Company

-- 
Cynthia LohSr. Account Manager

Awesome Things Company

                 You'll be the first to know! 

            To view this email as a web page, click here.

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- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Cindy - here are the materials we discussed. 

Matt

-- 
Matthew SchwartzIT Director
Cool Stuff Corporation

07/27/2001    54834.1 

Microsoft Windows XP Professional  

END-USER LICENSE AGREEMENT  
IMPORTANT—READ CAREFULLY: This End-User License Agreement (“EULA”) is a legal agreement 
between you (either an individual or a single entity) and Microsoft Corporation for the Microsoft software 
product identified above, which includes computer software and may include associated media, printed 
materials, “online” or electronic documentation, and Internet-based services (“Product”).    An amendment or 
addendum to this EULA may accompany the Product.  YOU AGREE TO BE BOUND BY THE TERMS OF THIS 
EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE PRODUCT. IF YOU DO NOT AGREE, DO 
NOT INSTALL OR USE THE PRODUCT; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A 
FULL REFUND. 

1. GRANT OF LICENSE. Microsoft grants you the following rights provided that you comply with all terms and 

conditions of this EULA: 

• Installation and use.  You may install, use, access, display and run one copy of the Product on a single computer, 

such as a workstation, terminal or other device (“Workstation Computer”).  The Product may not be used by 
more than two (2) processors at  any one time on any single Workstation Computer. You may permit a maximum 
of ten (10) computers or other electronic devices (each a “Device”) to connect to the Workstation Computer to 
utilize the services of the Product solely for File and Print services, Internet Information Services, and remote 
access (including connection sharing and telephony services).  The ten connection maximum includes any indirect 
connections made through “multiplexing” or other software or hardware which pools or aggregates connections.  
Except as otherwise permitted by the NetMeeting, Remote Assistance, and Remote Desktop features described 
below, you may not use the Product to permit any Device to use, access, display or run other executable software 
residing on the Workstation Computer, nor may you permit any Device to use, access, display, or run the Product 
or Product’s user interface, unless the Device has a separate license for the Product.     

• Mandatory Activation. The license rights granted under this EULA are limited to the first thirty (30) days after 
you first install  the Product unless you supply information required to activate your licensed copy in the 
manner described during the setup sequence of the Product.  You can activate the Product through the use of 
the Internet or telephone; toll charges may apply.  You may also need to reactivate the Product if you modify your 
computer hardware or alter the Product.  There are technological measures in this Product that are designed to 
prevent unlicensed or illegal use of the Product.   You agree that we may use those measures. 

• Storage/Network Use. You may also store or install a copy of the Product on a storage device, such as a network 
server, used only to install or run the Product on your other Workstation Computers over an internal network; 
however, you must acquire and dedicate an additional license for each separate Workstation Computer on or 
from which the Product is installed, used, accessed, displayed or run. A license for the Product may not be shared or 
used concurrently on different Workstation Computers. 

• Reservation of Rights. Microsoft reserves all rights not expressly granted to you in this EULA. 

2.  UPGRADES. To use a Product identified as an upgrade, you must first be licensed for the product identified by 
Microsoft as eligible for the upgrade. After upgrading, you may no longer use the product that formed the basis 
for your upgrade eligibility. 

3. ADDITIONAL SOFTWARE/SERVICES.  This EULA applies to updates, supplements, add-on components, or 
Internet-based services components, of the Product that Microsoft may provide to you or make available to you 
after the date you obtain your initial copy of the Product, unless we provide other terms along with the update, 
supplement, add-on component, or Internet-based services component.  Microsoft reserves the right to 
discontinue any Internet-based services provided to you or made available to you through the use of the Product.  
This EULA does not grant you any rights to use the Windows Media Format Software Development Kit 
(“WMFSDK”) components contained in the Product 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.   

4. TRANSFER—Internal.  You may move the Product to a different Workstation Computer.  After the transfer, you 
must completely remove the Product from the former Workstation Computer.  Transfer to Third Party. The initial 
user of the Product may make a one-time transfer of the Product to another end user.  The transfer has to include 
all component parts, media, printed materials, this EULA, and if applicable, the Certificate of Authenticity.  The 
transfer may not be an indirect transfer, such as a consignment.  Prior to the transfer, the end user receiving the 
transferred Product must agree to all the EULA terms.  No Rental.  You may not rent, lease, lend or provide 
commercial hosting services to third parties with the Product.  

Microsoft Windows XP Professional
END-USER LICENSE AGREEMENT

IMPORTANT—READ CAREFULLY: This End-User License Agreement (“EULA”) is a legal agreement
between you (either an individual or a single entity) and Microsoft Corporation for the Microsoft software
product identified above, which includes computer software and may include associated media, printed
materials, “online” or electronic documentation, and Internet-based services (“Product”). An amendment or
addendum to this EULA may accompany the Product. YOU AGREE TO BE BOUND BY THE TERMS OF THIS
EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE PRODUCT. IF YOU DO NOT AGREE, DO
NOT INSTALL OR USE THE PRODUCT; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A.
FULL REFUND.

B

. GRANT OF LICENSE. Microsoft grants you the following rights provided that you comply with all terms and
conditions of this EULA:

© Installation and use. You may install, use, access, display and run one copy of the Product on a single computer,
such as a workstation, terminal or other device (“Workstation Computer”), The Product may not be used by
more than two (2) processors at any one time on any single Workstation Computer. You may permit a maximum
of ten (10) computers or other electronic devices (each a Device”) to connect to the Workstation Computer to
utilize the services of the Product solely for File and Print services, Internet Information Services, and remote
access (including connection sharing and telephony services). The ten connection maximum includes any indirect
connections made through “multiplexing” or other software or hardware which pools or aggregates connections.
Except as otherwise permitted by the NetMeeting, Remote Assistance, and Remote Desktop features described
below, you may not use the Product to permit any Device to use, access, display or run other executable software
residing on the Workstation Computer, nor may you permit any Device to use, access, display, or run the Product
or Product's user interface, unless the Device has a separate license for the Product.
Mandatory Activation. The license rights granted under this EULA are limited to the first thirty (30) days after
you first install the Product unless you supply information required to activate your licensed copy in the
manner described during the setup sequence of the Product. You can activate the Product through the use of
the Internet or telephone; toll charges may apply. You may also need to reactivate the Product if you modify your
computer hardware or alter the Product, ‘There are technological measures in this Product that are designed to
prevent unlicensed or illegal use of the Product. You agree that we may use those measure:
Storage/Network Use. You may also store or install a copy of the Product on a storage device, such as a network
server used only to install or run the Product on your other Workstation Computers over an internal network;
however, you must acquire and dedicate an additional license for each separate Workstation Computer on or
from which the Product is installed, used, accessed, displayed or run. A license for the Product may not be shared or
used concurrently on different Workstation Computers.

Reservation of Rights. Microsoft reserves all rights not expressly granted to you in this EULA.

2. UPGRADES. To use a Product identified as an upgrade, you must first be licensed for the product identified by
Microsoft as eligible for the upgrade. After upgrading, you may no longer use the product that formed the basis
for your upgrade eligibility.
ADDITIONAL SOFTWARE/SERVICES. This EULA applies to updates, supplements, add-on components, or
Internet-based services components, of the Product that Microsoft may provide to you or make available to you
after the date you obtain your initial copy of the Product, unless we provide other terms along with the update,
supplement, add-on component, or Internet-based services component. Microsoft reserves the right to
discontinue any Internet-based services provided to you or made available to you through the use of the Product.
This EULA does not grant you any rights to use the Windows Media Format Software Development Kit
(‘WMFSDK’) components contained in the Product to develop a software application that uses Windows Media
technology. If you wish to use the WMFSDK to develop such an application, visit
hittp-//msdn.microsoft imedia/wind dia/sdk

-

s asp, accept a separate license for the
WMESDK, download the appropriate WMFSDK, and install it on your system.

TRANSFER — Internal. You may move the Product to a different Workstation Computer. After the transfer, you
must completely remove the Product from the former Workstation Computer. Transfer to Third Party. The initial
user of the Product may make a one-time transfer of the Product to another end user. The transfer has to include
all component parts, media, printed materials, this EULA, and if applicable, the Certificate of Authenticity. The
transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the
transferred Product must agree to all the EULA terms. No Rental. You may not rent, lease, lend or provide
commercial hosting services to third parties with the Product.

La

07/27/2001 54834.1

07/27/2001    54834.1 

5. LIMITATION ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not 
reverse engineer, decompile, or disassemble the Product, except and only to the extent that it is expressly 
permitted by applicable law notwithstanding this limitation.   

6. TERMINATION. Without prejudice to any other rights, Microsoft may cancel this EULA if you do not abide by 
the terms and conditions of this EULA, in which case you must destroy all copies of the Product and all of its 
component parts. 

7. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.   

• NetMeeting/Remote Assistance/Remote Desktop Features.  The Product contains NetMeeting, Remote 
Assistance, and Remote Desktop technologies that enable the Product or other applications installed on the 
Workstation Computer to be used remotely between two or more computers, even if the Product or application is 
installed on only one Workstation Computer.  You may use NetMeeting, Remote Assistance, and Remote Desktop 
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, Remote Assistance, or Remote Desktop is permitted without an additional license. 

• Consent to Use of Data.  You agree that Microsoft and its 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 Product.  
Microsoft may use this information solely to improve our products or to provide customized services or 
technologies to you.  Microsoft 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 
Product, it is necessary to use certain computer system, hardware, and software information to implement the 
features.   By using these features, you explicitly authorize Microsoft or its designated agent to access and utilize 
the necessary information for Internet gaming and/or updating purposes.   Microsoft may use this information 
solely to improve our products or to provide customized services or technologies to you.  Microsoft may disclose 
this information to others, but not in a form that personally identifies you.      

• Internet-Based Services Components.  The Product contains components that enable and facilitate the use of 
certain Internet-based services.  You acknowledge and agree that Microsoft may automatically check the version 
of the Product and/or its components that you are utilizing and may provide upgrades or fixes to the Product 
that will be automatically downloaded to your Workstation Computer.   

• Security Updates.  Content providers are using the digital rights management technology (“Microsoft DRM”) 
contained in this Product 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 Microsoft to provide security related updates to the Microsoft 
DRM components of the Product (“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, 
Microsoft may, in conjunction with such license, also download onto your computer such Security Updates 
that a Secure Content Owner has requested that Microsoft distribute.  Microsoft will not retrieve any personally 
identifiable information, or any other information, from your computer by downloading such Security Updates. 

8. NOT FOR RESALE SOFTWARE. Product identified as “Not for Resale” or “NFR,” may not be resold, 

transferred or used for any purpose other than demonstration, test or evaluation. 
9. ACADEMIC EDITION SOFTWARE.  To use Product identified as “Academic Edition” or “AE,” you must be a 

“Qualified Educational User.”   For qualification-related questions, please contact the Microsoft Sales Information 
Center/One Microsoft Way/Redmond, WA 98052-6399 or the Microsoft subsidiary serving your country. 

10. EXPORT RESTRICTIONS.  
You acknowledge that the Product is of U.S. origin and subject to U.S. export jurisdiction.  You agree to comply 
with all applicable international and national laws that apply to the Product, 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/>. 

a

ry

x

eo @

_
=

07/27/2001

. LIMITATION ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not

reverse engineer, decompile, or disassemble the Product, except and only to the extent that it is expressly
mitted by applicable law notwithstanding this limitation.

pe
. TERMINATION. Without prejudice to any other rights, Microsoft may cancel this EULA if you do not abide by

the terms and conditions of this EULA, in which case you must destroy all copies of the Product and all of its
component parts.

. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

NetMeeting/Remote Assistance/Remote Desktop Features. The Product contains NetMeeting, Remote
Assistance, and Remote Desktop technologies that enable the Product or other applications installed on the
Workstation Computer to be used remotely between two or more computers, even if the Product or application is
installed on only one Workstation Computer. You may use NetMeeting, Remote Assistance, and Remote Desktop
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 applicabl¢ licensor to determine whether use of
fetMeeting, Remote Assistance, or Remote Desktop is permitted without an additional license.
Consent to Use of Data. You agree that Microsoft and its affiliates may collect and use technical information
athered in any manner as part of the product support services provided to you, if any, related to the Product.
licrosoft may use this information so ely to improve our products or to provide customized services or
technologies to you. Microsoft may disclose this information to others, but not in a form that personally identifies
ou.
Internet Gaming/Update Features. If you choose to utilize the Internet gaming or update features within the
Product, it is necessary to use certain computer system, hardware, and software information to implement the
features. By using these features, you explicitly authorize Microsoft or its designated agent to access and utilize
the necessary information for Internet gaming and/or updating purposes. Microsoft may use this information
solely to improve our products or to provide customized services or technologies to you. Microsoft may disclose
this information to others, but not in a form that personally identifies you.
Internet-Based Services Components. The Product contains components that enable and facilitate the use of
certain Internet-based services. You acknowledge and agree that Microsoft may automatically check the version
of the Product and/or its components that you are utilizing and may provide vipgrades or fixes to the Product
that will be automatically downloaded to your Workstation Computer.
Security Updates. Content providers are using the digital rights management technology (“Microsoft DRM”)
contained in this Product 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 Microsoft to provide security related updates to the Microsoft
DRM components of the Product (“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,
Microsoft may, in conjunction with such license, also download onto your computer such Security Updates
that a Secure Content Owner has requested that Microsoft distribute. Microsoft will not retrieve any personally
identifiable information, or any other information, from your computer by downloading such Security Updates.

. NOT FOR RESALE SOFTWARE. Product identified as “Not for Resale” or “NFR,” may not be resold,

transferred or used for any purpose other than demonstration, test or evaluation.

. ACADEMIC EDITION SO) ‘ARE. To use Product identified as “Academic Edition” or “AE,” you must be a

“Qualified Educational User.” For qualification-related questions, please contact the Microsoft Sales Information
Center/One Microsoft Way/Redmond, WA 98052-6399 or the Microsoft subsidiary serving your country.

). EXPORT RESTRICTIONS.

You acknowledge that the Product is of U.S. origin and subject to U.S. export jurisdiction. You agree to comply
with all applicable international and national laws that apply to the Product, 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/>.

54834.1

07/27/2001    54834.1 

11. LIMITED WARRANTY FOR PRODUCT ACQUIRED IN THE US AND CANADA.   

Microsoft warrants that the Product will perform substantially in accordance with the accompanying  
materials for a period of ninety days from the date of receipt.  

If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial 
law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO 
DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY 
DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY (90) DAY PERIOD, THERE IS 
NO WARRANTY OR CONDITION OF ANY KIND.  Some states/jurisdictions do not allow limitations 
on how long an implied warranty or condition lasts, so the above limitation may not apply to you. 

Any supplements or updates to the Product, including without limitation, any (if any) service packs or hot 
fixes provided to you after the expiration of the ninety day Limited Warranty period are not covered by 
any warranty or condition, express, implied or statutory. 

LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive 
remedy for any breach of this Limited Warranty is as set forth below.  Except for any refund elected by 
Microsoft, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO 
CONSEQUENTIAL DAMAGES, if the Product does not meet Microsoft’s Limited Warranty, and, to the 
maximum extent allowed by applicable law, even if any remedy fails of its essential purpose.  The terms 
of Section 13 below (“Exclusion of Incidental, Consequential and Certain Other Damages”)  are also 
incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation 
of incidental or consequential damages, so the above limitation or exclusion may not apply to you.  This 
Limited Warranty gives you specific legal rights.  You may have others which vary from state/jurisdiction 
to state/jurisdiction. YOUR EXCLUSIVE REMEDY.  Microsoft’s and its suppliers’ entire liability and your 
exclusive remedy shall be, at Microsoft’s option from time to time exercised subject to applicable law, 
(a) return of the price paid (if any) for the Product, or (b) repair or replacement of the Product, that does not 
meet this Limited Warranty and that is returned to Microsoft with a copy of your receipt. You will receive 
the remedy elected by Microsoft without charge, except that you are responsible for any expenses you may 
incur (e.g. cost of shipping the Product to Microsoft).  This Limited Warranty is void if failure of the Product 
has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Product will 
be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. 
Outside the United States or Canada, neither these remedies nor any product support services offered by 
Microsoft are available without proof of purchase from an authorized international source.  To exercise 
your remedy, contact:  Microsoft, Attn. Microsoft Sales Information Center/One Microsoft Way/Redmond, 
WA 98052-6399, or the Microsoft subsidiary serving your country.    

LIMITED WARRANTY FOR PRODUCT ACQUIRED OUTSIDE THE US OR CANADA.  
FOR THE LIMITED WARRANTIES AND SPECIAL PROVISIONS PERTAINING TO YOUR 
PARTICULAR JURISDICTION, PLEASE REFER TO YOUR WARRANTY BOOKLET INCLUDED 
WITH THIS PACKAGE OR PROVIDED WITH THE SOFTWARE PRODUCT PRINTED 
MATERIALS. 

12. DISCLAIMER OF  WARRANTIES. The Limited Warranty that appears above is the only express warranty made 
to you and is provided in lieu of any other express warranties (if any) created by any documentation, packaging, 
or other communications.  Except for the Limited Warranty and to the maximum extent permitted by applicable 
law, Microsoft and its suppliers provide the Product and support services (if any) AS IS AND WITH ALL 
FAULTS, and hereby disclaim all other warranties and conditions, either express, implied or statutory, 
including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of 
fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of 
results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Product, and 
the provision of or failure to provide support or other services, information, software, and related content 
through the Product or otherwise arising out of the use of the Product.  ALSO, THERE IS NO WARRANTY 
OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO 
DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE PRODUCT. 

13. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES.  TO THE 
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT OR ITS 

11. LIMITED WARRANTY FOR PRODUCT ACQUIRED IN THE US AND CANADA.

Microsoft warrants that the Product will perform substantially in accordance with the accompanying
materials for a period of ninety days from the date of receipt.

If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial
law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO
DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY
DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY (90) DAY PERIOD, THERE IS
NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations
on how long an implied warranty or condition lasts, so the above limitation may not apply to you.

Any supplements or updates to the Product, including without limitation, any (if any) service packs or hot
fixes provided to you after the expiration of the ninety day Limited Warranty period are not covered by
any warranty or condition, express, implied or statutory.

LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive
remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by
Microsoft, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO
CONSEQUENTIAL DAMAGES, if the Product does not meet Microsoft's Limited Warranty, and, to the
maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms
of Section 13 below (“Exclusion of Incidental, Consequential and Certain Other Damages”) are also
incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation
of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This
Limited Warranty gives you specific legal rights. You may have others which vary from state/jurisdiction
to state/jurisdiction. YOUR EXCLUSIVE REMEDY. Microsoft's and its suppliers’ entire liability and your
exclusive remedy shall be, at Microsoft's option from time to time exercised subject to applicable law,

(a) return of the price paid (if any) for the Product, or (b) repair or replacement of the Product, that does not
meet this Limited Warranty and that is returned to Microsoft with a copy of your receipt. You will receive
the remedy elected by Microsoft without charge, except that you are responsible for any expenses you may
incur (e.g. cost of shipping the Product to Microsoft). This Limited Warranty is void if failure of the Product
has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Product will
be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
Outside the United States or Canada, neither these remedies nor any product support services offered by
Microsoft are available without proof of purchase from an authorized international source. To exercise
your remedy, contact: Microsoft, Attn. Microsoft Sales Information Center/One Microsoft Way/Redmond,
WA 98052-6399, or the Microsoft subsidiary serving your country.

LIMITED WARRANTY FOR PRODUCT ACQUIRED OUTSIDE THE US OR CANADA.

FOR THE LIMITED WARRANTIES AND SPECIAL PROVISIONS PERTAINING TO YOUR
PARTICULAR JURISDICTION, PLEASE REFER TO YOUR WARRANTY BOOKLET INCLUDED
WITH THIS PACKAGE OR PROVIDED WITH THE SOFTWARE PRODUCT PRINTED
MATERIALS.

12. DISCLAIMER OF WARRANTIES. The Limited Warranty that appears above is the only express warranty made
to you and is provided in lieu of any other express warranties (if any) created by any documentation, packagin;
or other communications. Except for the Limited Warranty and to the maximum extent permitted by app cable
law, Microsoft and its suppliers provide the Product and support services (if any) AS IS AND WITH ALL
FAULTS, and hereby disclaim all other warranties and conditions, either express, implied or statutory,
including, but not limited to, any (if any) implied warranties, duties or conditions 0 merchantability, of
fitness fora rurpose, of accuracy or
results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Product, and
the provision of or failure to provide support or other services, information, software, and related content
through the Product or otherwise arising out of the use of the Product. ALSO, THERE IS NO WARRANTY
OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO
DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE PRODUCT.

. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT OR ITS

@

07/27/2001 54834.1

07/27/2001    54834.1 

SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL 
DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS 
OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL 
INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH 
OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS 
WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE 
THE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, 
INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE PRODUCT OR OTHERWISE 
ARISING OUT OF THE USE OF THE PRODUCT, OR OTHERWISE UNDER OR IN CONNECTION WITH 
ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING 
NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF 
MICROSOFT OR ANY SUPPLIER, AND EVEN IF MICROSOFT OR ANY SUPPLIER HAS BEEN ADVISED 
OF THE POSSIBILITY OF SUCH DAMAGES.  

14. LINKS TO THIRD PARTY SITES.  You may link to third party sites through the use of the Product.  The third 
party sites are not under the control of Microsoft, and Microsoft is not responsible for the contents of any third 
party sites, any links contained in third party sites, or any changes or updates to third party sites.  Microsoft is not 
responsible for webcasting or any other form of transmission received from any third party sites.  Microsoft is 
providing these links to third party sites to you only as a convenience, and the inclusion of any link does not 
imply an endorsement by Microsoft of the third party site.             

15. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might incur for any 
reason whatsoever (including, without limitation, all damages referenced above and all direct or general 
damages), the entire liability of Microsoft and any of its suppliers under any provision of this EULA and your 
exclusive remedy for all of the foregoing (except for any remedy of repair or replacement elected by Microsoft 
with respect to any breach of the Limited Warranty) shall be limited to the greater of the amount actually paid 
by you for the Product or U.S.$5.00.  The foregoing limitations, exclusions and disclaimers (including Sections 
11, 12 and 13 above) shall apply to the maximum extent permitted by applicable law, even if any remedy fails 
its essential purpose. 

16. U.S. GOVERNMENT LICENSE RIGHTS. All Product 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 
elsewhere herein.  All Product 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.  

17. APPLICABLE LAW.  If you acquired this Product in the United States, this EULA is governed by the laws of the 
State of Washington.  If you acquired this Product in Canada, unless expressly prohibited by local law, this EULA 
is governed by the laws in force in the Province of Ontario, Canada; and, in respect of any dispute which may 
arise hereunder, you consent to the jurisdiction of the federal and provincial courts sitting in Toronto, Ontario. If 
this Product was acquired outside the United States, then local law may apply.  

18. ENTIRE AGREEMENT.  This EULA (including any addendum or amendment to this EULA which is included 
with the Product) are the entire agreement between you and Microsoft relating to the Product and the support 
services (if any) and they supersede all prior or contemporaneous oral or written communications,  proposals 
and representations with respect to the Product or any other subject matter covered by this EULA.  To the 
extent the terms of any Microsoft policies or programs for support services conflict with the terms of this 
EULA, the terms of this EULA shall control. 

19. The Product is protected by copyright and other intellectual property laws and treaties. Microsoft or its suppliers 
own the title, copyright, and other intellectual property rights in the Product.  The Product is licensed, not sold. 

Si vous avez acquis votre produit Microsoft au CANADA, la garantie limitée suivante vous concerne : 

GARANTIE LIMITÉE 

Microsoft garantit que le Produit fonctionnera conformément aux documents qui l’accompagnent pendant une période de 90 jours 
suivant la date de réception. 

Si une garantie ou condition implicite est créée par votre État ou votre territoire et qu’une loi fédérale, provinciale ou étatique en interdit le déni, 
vous jouissez également d’une garantie ou condition implicite, MAIS UNIQUEMENT POUR LES DÉFAUTS DÉCOUVERTS 
DURANT LA PÉRIODE DE LA PRÉSENTE GARANTIE LIMITÉE (QUATRE-VINGT-DIX JOURS). IL N’Y A AUCUNE GARANTIE OU 
CONDITION DE QUELQUE NATURE QUE CE SOIT QUANT AUX DÉFAUTS DÉCOUVERTS APRÈS CETTE PÉRIODE DE QUATRE-
VINGT-DIX JOURS. Certains États ou territoires ne permettent pas de limiter la durée d’une garantie ou condition implicite de sorte 
que la limitation cidessus peut ne pas s’appliquer à vous. 

Tous les suppléments ou toutes les mises à jour relatifs au Produit, y compris notamment (le cas échéant), tous les ensembles de 
services ou les réparations à chaud qui vous sont fournis après l’expiration de la période de quatre-vingt-dix jours de la garantie 
limitée ne sont pas couverts par quelque garantie ou condition que ce soit, expresse,implicite ou en vertu de la loi. 

aaNnere BE LIABLE FOR ANY SPECIAL, INCIDENTAL PUNITIVE, INDIRECT ty i CONSEQUENTIAL
WH:

, BRE, ANTY O1
SUPPLIER, AND EXEN IF MICROSOFT OR ANY SUPPLIER HAS BEEN ADVISED
OF oie POSSIBILITY OF SUCH DAMAG!

. LINKS TO THIRD PARTY SITES. You wey Tink to third party sites through the use of the Product. The third
party sites are not under the control of Microsoft, and Microsoft is not responsible for the contents of any third
party sites, any links contained in third party sites, or any changes or updates to third party sites. Microsoft is not
responsible for webcasting or any other form of transmission received ik from any third party sites. Microsoft is
providing these links to third party sites to you only as a convenience, and the inclusion of any link does not
imply an endorsement by Microsoft of the third party site.

. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might incur for any
reason ding, without limitation, all damages d above and all direct or general
damages), the entire liability of Microsoft and any of its suppliers under any provision of this EULA and your
exclusive remedy for all of the foregoing (except for any remedy of repair or replacement elected by Microsoft
with respect to any breach of the Limited Warranty) shall be limited to the greater of the amount actually paid
by you for the Product or U.S.$5.00. The foregoing limitations, exclusions and disclaimers (including Sections
11, 12 and 13 above) shall apply to the maximum extent permitted by applicable law, even if any remedy fails
its essential purpose.

. U.S. GOVERNMENT LICENSE RIGHTS. All Product 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
elsewhere herein. All Product provided to the U.S. Government pursuant to solicitations issued prioi
December 1, 1995 is provided with “Restricted Rights” as provided for in FAR, 48 CFR 52.227-14 DUNE. 1987) or
DFAR, 48 CER 252. 7 7013 (OCT 1988), as applicable.

. APPLICABLE LAW. If you acquired this Product in the United States, this EULA is governed by the laws of the
State of Washington. If you acquired this Product in Canada, unless expressly prohibited by local law, this EULA
is governed by the laws in force in the Province of Ontario, Canada; and, in respect of any dispute which may
arise hereunder, you consent to the jurisdiction of the federal and provincial courts sitting in Toronto, Ontario. If
this Product was acquired outside the United States, then local law may apply.

. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which is included
with the Product) are the entire agreement between you and Microsoft relating to the Product and the support
services (if any) and they de all prior or oral or written
and representations with respect to the Product or any other subject matter covered by this EULA. To the
extent the terms of any Microsoft policies or programs for support services conflict with the terms of this
EULA, the terms of this EULA shall control.

. The Product is protected by copyright and other intellectual property laws and treaties. Microsoft or its suppliers
own the title, copyright, and other intellectual property rights in the Product. The Product is licensed, not sold.

5

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Sivous avez acquis votre produit Microsoft au CANADA, la garantie limitée suivante vous conceme :

GARANTIE LIMITEE

Microsoft garantit que le Produit foncti é i pendant une période ce 90 j
suivant la date de réception.

Siune garantie ou condition implicit est oréée par votre Etat ou votre teri june loi fédérale, provinciale ou étalique en interditle déni,

vous jouissez également d'une garantie ou condition implicite, MAIS UNIQUEMENT POUR LES DEFAUTS DECOUVERTS
DURANT LAPERIODE DE LAPRESENTE GARANTIE LIMITE (QUATRE-VINGT-DIX JOURS). ILN'Y AAUCUNE GARANTIE OU
CONDITION DE QUELQUE NATURE QUE CE SOIT QUANT AUX DEFAUTS DECOUVERTS APRES CETTEPE PERIODE DE QUATRE-
VINGT-DIX JOURS. Certains Etats it limiter la durée d'une gar. li
que la limitation cidessus peut ne pas s’appliquer a vous.

Tous les supplements ou toutes les mises a jour relatifs au Produit y compris ecto de qakemgtinpurdbewents

limitée ne sont p: nti

07/27/2001 54834.1

07/27/2001    54834.1 

LIMITATION DES RECOURS; ABSENCE DE DOMMAGES INDIRECTS OU AUTRES. Votre recours exclusif pour toute violation de la 
présente garantie limitée est décrit ci-après. Sauf pour tout remboursement au choix de Microsoft, si le Produit ne respecte pas la garantie 
limitée de Microsoft et, dans toute la mesure permise par le droit applicable, même si tout recours n’atteint pas son but essentiel, VOUS N’AVEZ 
DROIT À AUCUNS DOMMAGES, NOTAMMENT DES DOMMAGES INDIRECTS. Les modalités de la clause «Exclusion des 
dommages accessoires, indirects et de certains autres dommages » sont également incorporées à la présente garantie limitée. 
Certains États ou territoires ne permettent pas l’exclusion ou la limitation des dommages indirects ou accessoires de sorte que la 
limitation ou l’exclusion ci-dessus peut ne pas s’appliquer à vous. La présente garantie limitée vous donne des droits légaux 
spécifiques. Vous pouvez avoir d’autres droits qui peuvent varier d’un territoire ou d’un État à un autre. VOTRE RECOURS 
EXCLUSIF. La responsabilité intégrale de Microsoft et de ses fournisseurs et votre recours exclusif seront, selon le choix de 
Microsoft de temps à autre sous réserve de toute loi applicable, a) le remboursement du prix payé, le cas échéant, pour le Produit 
ou b) la réparation ou le remplacement du Produit qui ne respecte pas la présente garantie limitée et qui est retourné à Microsoft 
avec une copie de votre reçu. Vous recevrez la compensation choisie par Microsoft, sans frais, sauf que vous êtes responsable des 
dépenses que vous pourriez engager (p. ex., les frais d’envoi du Produit à Microsoft). La présente garantie limitée est nulle si la 
défectuosité du Produit est causée par un accident, un usage abusif, une mauvaise application, un usage anormal ou un virus. Tout 
Produit de remplacement sera garanti pour le reste de la période de garantie initiale ou pendant trente (30) jours, selon la plus 
longue entre ces deux périodes. À l’extérieur des États-Unis ou du Canada, ces recours ou l’un quelconque des services de 
soutien technique offerts par Microsoft ne sont pas disponibles sans preuve d’achat d’une source internationale autorisée. Pour 
exercer votre recours, vous devez communiquer avec Microsoft et vous adresser au Microsoft Sales Information Center/One 
Microsoft Way/Redmond, WA 98052-6399, ou à la filiale de Microsoft de votre pays. 

DÉNI DE GARANTIES. La garantie limitée qui apparaît ci-dessus constitue la seule garantie expresse qui vous est donnée et 
remplace toutes autres garanties expresses (s’il en est) mentionnées dans tout document, emballage ou autre communication. 
Sauf en ce qui a trait à la garantie limitée et dans toute la mesure permise par le droit applicable, le Produit et les services de soutien technique 
(le cas échéant) sont fournis TELS QUELS ET AVEC TOUS LEURS DÉFAUTS par Microsoft et ses fournisseurs, lesquels par les présentes 
dénient toutes autres garanties et conditions expresses, implicites ou en vertu de la loi, y compris notamment (le cas échéant) les garanties, 
devoirs ou conditions implicites de qualité marchande, d’adaptation à une fin particulière, de fiabilité ou disponibilité, d’exactitude ou d’exhaustivité 
des réponses, des résultats, des efforts déployés selon les règles de l’art, d’absence de virus et de négligence, le tout à l’égard du Produit et de 
la prestation des services de soutien technique ou autres services ou du défaut de fournir une telle prestation, de l’information, du logiciel, et de 
tout contenu s’y rapportant à travers le Produit ou autrement découlant de l’utilisation du Produit. PAR AILLEURS, IL N’Y A AUCUNE 
GARANTIE OU CONDITION QUANT AU TITRE DE PROPRIÉTÉ, À LA JOUISSANCE OU LA POSSESSION PAISIBLE, À LA 
CONCORDANCE À UNE DESCRIPTION NI QUANT À UNE ABSENCE DE CONTREFAÇON CONCERNANT LE PRODUIT. 

EXCLUSION DES DOMMAGES ACCESSOIRES, INDIRECTS ET DE CERTAINS AUTRES DOMMAGES. DANS TOUTE LA MESURE 
PERMISE PAR LE DROIT APPLICABLE, EN AUCUN CAS MICROSOFT OU SES FOURNISSEURS NE SERONT RESPONSABLES 
DES DOMMAGES SPÉCIAUX, ACCESSOIRES, EXEMPLAIRES OU INDIRECTS DE QUELQUE NATURE QUE CE SOIT (Y 
COMPRIS NOTAMMENT, LES DOMMAGES À L’ÉGARD DE LA PERTE DE PROFITS OU DE LA DIVULGATION DE 
RENSEIGNEMENTS CONFIDENTIELS OU AUTRES, DE L’INTERRUPTION DES AFFAIRES, DE BLESSURES CORPORELLES, DE 
LA VIOLATION DE LA VIE PRIVÉE, DE L’OMISSION DE REMPLIR TOUT DEVOIR, Y COMPRIS D’AGIR DE BONNE FOI OU 
D’EXERCER UN SOIN RAISONNABLE, DE LA NÉGLIGENCE ET DE TOUTE AUTRE PERTE PÉCUNIAIRE OU AUTRE PERTE DE 
QUELQUE NATURE QUE CE SOIT) DÉCOULANT OU SE RAPPORTANT DE QUELQUE MANIÈRE QUE CE SOIT À L’UTILISATION 
DU PRODUIT OU À L’INCAPACITÉ DE S’EN SERVIR, À LA PRESTATION DE SERVICES DE SOUTIEN TECHNIQUE OU AUTRES 
SERVICES OU À L’OMISSION D’UNE TELLE PRESTATION , À L’INFORMATION, AU LOGICIEL ET À TOUT CONTENU S’Y 
RAPPORTANT À TRAVERS LE PRODUIT OU AUTREMENT DÉCOULANT DE L’UTILISATION DU PRODUIT OU AUTREMENT AUX 
TERMES DE TOUTE DISPOSITION DU PRÉSENT CONTRAT OU RELATIVEMENT À UNE TELLE DISPOSITION, MÊME EN CAS DE 
FAUTE, DE DÉLIT CIVIL (Y COMPRIS LA NÉGLIGENCE), DE RESPONSABILITÉ STRICTE, DE VIOLATION DE CONTRAT OU DE 
VIOLATION DE GARANTIE DE MICROSOFT OU DE TOUT FOURNISSEUR ET MÊME SI MICROSOFT OU TOUT FOURNISSEUR A 
ÉTÉ AVISÉ DE LA POSSIBILITÉ DE TELS DOMMAGES. 

LIMITATION DE RESPONSABILITÉ ET RECOURS. Malgré les dommages que vous puissiez subir pour quelque motif que ce soit 
(y compris notamment, tous les dommages susmentionnés et tous les dommages directs ou généraux), la responsabilité intégrale 
de Microsoft et de l’un ou l’autre de ses fournisseurs aux termes de toute disposition du présent contrat et votre recours exclusif à 
l’égard de tout ce qui précède (sauf en ce qui concerne tout recours de réparation ou de remplacement choisi par Microsoft à 
l’égard de tout manquement à la garantie limitée) se limite au plus élevé entre les montants suivants : le montant que vous avez 

LIMITATION DES RECOURS; “ABSENCE DE DOMMAGES INDIRECTS OUAUTRES. Votre recours exclusif pour toute violation de la
décrit c-aprés. Sauf pour tout au choix de Microsof, sile Produitne respecte pas la garantie

lritée de Microsoft, dans tout fa mesure permise parle droit applicable, méme si tout recours n’atteint pas son but essentiel, VOUS NAVEZ

DROIT AAUCUNS DOMMAGES, NOTAMMENT | DESD DOMMAGES INDIRECTS. Les modalités de la clause «Exclusion des

cts et dle » sont également i gar intie limite

Cetans Etats ou ‘ Jon ou la limitation c indirects res de sorte quel

ion Ci i ‘vous. La présente intie limite donne des droits légaux
spécifiques. Vous me ns aor faane droits qui peuvent vale un tire ou d'un Etata un autre. VOTRE RECOURS
EXCLUSIF.L de Microsoft et de ses ton le choix de
Microsoft de temps & de toute lol applicable. a) x payé, le cas échéant, pour le Produit
ou b) la réparatic \ du Produit qui cte pas la pré: intie limitée et qui est retoumé a Microsoft
avec une copie de votre regu. \ous recevrez la compensation choisie par Microsoft, sans fri, sauf que vous étes responsable des
dépenses que vous p (0.x, les fri denvoi roduit’a Microsof).L inte garantie limité est nulle sila
défectuosité du Produit est ée pal b ion, un virus. Tout
Produit c i ste de la période de garantie initiale ou pendant trente (30) jours, selon la plus
longue entre ces deux périodes. A fextérieur des Etats-Unis ou du Canada, Ces recours ou Fun quelconque des servioes de
soutien technique offerts par Microsoft ne sont pas di Pour

exercer votre recours, vous devez communiquer avec Microsoft et vous adresser au Microsoft Sales Information Center/One
Microsoft Way/Redmond, WA 98052-6399, ou ala filiale de Microsoft de votre pays.

DENI DE GARANTIES io imitée cul anoarait chdessus constiue ba seule cerant : a

qui apf gal xp a
(il d: ce hall ttre

Sauenctqdatale aeaeniohiseetixe tucbmourspariospaeeuaniate a burhdette sovtes de susan bai
(cas échéant) sont foumis TELS QUELS ETAVEC TOUS LEURS DEFAUTS par Microsoft et ses fournisseurs, esquels par les présentes
denient toutes aures garantes et conditons expresses, implcites ou en vert de al, y compris notamment (le cas échéant) les garanties,

fon a une fin particuliére, de fiabilté ou cisponibilté, d’exactitude ou d'exhaustivité

des ré des résultats, des efforts déployés selon les régles de fart, cab de virus et de négli le touta légard du Produit et de
este sees slr ine ova eso dace unc ree pes de Tinformation, du logiciel, et de
tc le Produit ou at Jlant de lutlisation du Produit. PAR AILLEURS, IL N'Y AAUCUNE

GARANTIE ou CONDITION QUANT AU TITRE DE PROPRIETE, ALA JOUISSANCE OULAPOSSESSION PAISIBLE, ALA
CONCORDANCE A UNE DESCRIPTION NI QUANT A UNE ABSENCE DE CONTREFACON CONCERNANT LE PRODUIT.

EXCLUSION DES DOMMAGES ACCESSOIRES, INDIRECTS ET DE CERTAINS AUTRES DOMMAGES. DANS TOUTE LAMESURE
PERMISE PAR LE DROIT APPLICABLE, ENAUCUN CAS MICROSOFT OU SES FOURNISSEURS NE SERONT RESPONSABLES
DES DOMMAGES SPECIAUX, ACCESSOIRES, EXEMPLAIRES OU INDIRECTS DE QUELQUE NATURE QUE CE SOIT (Y
COMPRIS NOTAMMENT, LES DOMMAGES ALEGARD DE LAPERTE DE PROFITS OU DE LADIVULGATION DE
RENSEIGNEMENTS CONFIDENTIELS OU AUTRES, DE INTERRUPTION DES AFFAIRES, DE BLESSURES CORPORELLES, DE
LAVIOLATION DE LA VIE PRIVEE, DE LOMISSION DE REMPLIR TOUT DEVOIR, Y COMPRIS DAGIR DE BONNE FO! OU
DEXERCER UN SOIN RAISONNABLE, DE LANEGLIGENCE ET DE TOUTE AUTRE PERTE PECUNIARE OUAUTRE PERTE DE
QUELQUE NATURE QUE CE SOIT) DECOULANT OU SE RAPPORTANT DE QUELQUE MANIERE QUE CE SOIT AL'UTILISATION
DU PRODUIT OU AL'NCAPACITE DE SEN SERVIR, ALAPRESTATION DE SERVICES DE SOUTIEN TECHNIQUE OU AUTRES
SERVICES OU ALOMISSION DUNE TELLE PRESTATION , ALINFORMATION, AU LOGICIEL ET A TOUT CONTENU SY
RAPPORTANT A TRAVERS LE PRODUIT OU AUTREMENT DECOULANT DE LUTILISATION DU PRODUIT OU AUTREMENT AUX
TERMES DE TOUTE DISPOSITION DU PRESENT CONTRAT OU RELATIVEMENT A UNE TELLE DISPOSITION, MEME EN CAS DE
FAUTE, DE DELIT CIVIL (Y COMPRIS LANEGLIGENCE), DE RESPONSABILITE STRICTE, DE VIOLATION DE CONTRAT OU DE
VIOLATION DE GARANTIE DE MICROSOFT OU DE TOUT FOURNISSEUR ET MEME SI MICROSOFT OU TOUT FOURNISSEURA,
ETEAVISE DE LAPOSSIBILITE DE TELS DOMMAGES.

TS ET cours Malgré les q issie ir pour quelque motif qn it
's ot tous | directs ou cénéraux) ite intéqrale

de Microsoft et de un ou Pautre-c 5 de toute disposition du pré Jusifa

régarel de tout ce qui précde (saul i de réparation ou choisi par Microsoft

qui
Péaard ’ la carantie limitée) se limite au plus élevé entre | suivants «k
gal ala gar p suiva que vous avez

07/27/2001 54834.1

07/27/2001    54834.1 

réellement payé pour le Produit ou 5,00 $US. Les limites, exclusions et dénis qui précèdent (y compris les clauses ci-dessus), 
s’appliquent dans la toute la mesure permise par le droit applicable, même si tout recours n’atteint pas son but essentiel. 

La présente Convention est régie par les lois de la province d’Ontario, Canada. Vous reconnaissez irrévocablement par la présente 
la compétence des tribunaux de la province d’Ontario et consentez à instituer tout litige qui pourrait découler de la présente auprès 
des tribunaux fédéraux ou provinciaux  ayant juridiction pour la ville de Toronto, province d’Ontario. 

EULAID:WX.4_PRO_RTL_EN 

réellement payé pour le Produit ou 5,00 $US. Les limites, ions et dénis qui précé is les ck i-dessus),
k k permise par le droit applic méme si tout it but essentiel.

Laprésente Convention estrégie par les lols de la province Ontario, area, Vous reconnaisser inbyocablement pa a presente
ler de k

des tribunaux fédéraux ou provinciaux ayant juridiction pour la ville de Toronto p province d' ome

EULAID:WX.4_PRO_RTL_EN

07/27/2001 54834.1

Page 1 of 11 

ELECTRONIC ARTS  

SOFTWARE END USER LICENSE AGREEMENT 
FOR ORIGIN™ APPLICATION AND RELATED SERVICES (FORMERLY 

CALLED “THE EA DOWNLOAD MANAGER”) 

This End User License Agreement (“License”) is an agreement between you and 
Electronic Arts Inc, its subsidiaries and affiliates ("EA"). This License governs 
your use of this application and all related software, documentation, and updates 
and upgrades that replace or supplement the application and are not distributed 
with a separate license (together, the “Application”). This Application is licensed 
to you free of charge.  You do not own the Application.   

By installing or using the Application, you consent to be bound by this License. 
Sections 1.C and 2 below describe the data EA may collect and use in the 
course of providing services and support to you in connection with the 
Application.  Section 3, below, describes your Origin privacy settings and 
how they protect the disclosure of your information within this Application 
and on Origin services in the mobile environment.  Section 17, below, 
requires all disputes that cannot be informally resolved between us to be 
submitted to binding arbitration on an individual basis.  If you do not agree 
to any portion of this License, do not install or use the Application.    

1. License Grant and Terms of Use.   

A. Grant. EA grants you a personal, limited, non-exclusive license to install 
and use the Application for your personal, noncommercial use solely as 
set forth in this License and any accompanying documentation. Your 
acquired rights are subject to your compliance with this License.  Any 
commercial use is prohibited. You are expressly prohibited from 
sublicensing, renting, leasing or otherwise distributing the Application or 
rights to use the Application. The term of your license shall commence 
on the date that you start to download, install or otherwise use the 
Application, and shall end on the earlier of the date that you dispose of 
the Application; or EA's termination of this License.   

B. Copies. You may download this Application from an authorized source. 

The number of copies that you can download during a consecutive 
period of days may be limited.  You may not make a copy of the 
Application available on a network where it could be used by multiple 
users at the same time. You may not make the Application available 
over a network where it could be downloaded by multiple users.   

C. License Validation.    The Application and an internet connection are 

required to validate the license for certain products distributed by EA.  
You acknowledge and agree that the Application can automatically 

ELECTRONIC ARTS
SOFTWARE END USER LICENSE AGREEMENT
FOR ORIGIN™ APPLICATION AND RELATED SERVICES (FORMERLY
CALLED “THE EA DOWNLOAD MANAGER”)

This End User License Agreement (“License”) is an agreement between you and
Electronic Arts Inc, its subsidiaries and affiliates ("EA"). This License governs
your use of this application and all related software, documentation, and updates
and upgrades that replace or supplement the application and are not distributed
with a separate license (together, the “Application”). This Application is licensed
to you free of charge. You do not own the Application.

By installing or using the Application, you consent to be bound by this License.
Sections 1.C and 2 below describe the data EA may collect and use in the
course of providing services and support to you in connection with the
Application. Section 3, below, describes your Origin privacy settings and
how they protect the disclosure of your information within this Application
and on Origin services in the mobile environment. Section 17, below,
requires all disputes that cannot be informally resolved between us to be
submitted to binding arbitration on an individual basis. If you do not agree
to any portion of this License, do not install or use the Application.

1. License Grant and Terms of Use.

A. Grant. EA grants you a personal, limited, non-exclusive license to install
and use the Application for your personal, noncommercial use solely as
set forth in this License and any accompanying documentation. Your
acquired rights are subject to your compliance with this License. Any
commercial use is prohibited. You are expressly prohibited from
sublicensing, renting, leasing or otherwise distributing the Application or
rights to use the Application. The term of your license shall commence
on the date that you start to download, install or otherwise use the
Application, and shall end on the earlier of the date that you dispose of
the Application; or EA's termination of this License.

B. Copies. You may download this Application from an authorized source.
The number of copies that you can download during a consecutive
period of days may be limited. You may not make a copy of the
Application available on a network where it could be used by multiple
users at the same time. You may not make the Application available
over a network where it could be downloaded by multiple users.

C. License Validation. The Application and an internet connection are

required to validate the license for certain products distributed by EA.
You acknowledge and agree that the Application can automatically

Page 1 of 11

37683v1 

validate license rights for some or all EA products without separate 
notice to you. This means that in order to use the Application and certain 
EA products, you must leave the Application installed on your computer.  
You acknowledge and agree that the Application may use information 
regarding your computer, hardware, media, software and your use of the 
Application to validate your license rights and to update the Application. 

D. Application Updates.  You agree that the Application may automatically 
download and install updates, upgrades and additional features that EA 
deems reasonable, beneficial to you and/or reasonably necessary.  You 
acknowledge and agree that any obligation EA may have to support the 
previous version(s) may be ended upon the availability of the update, 
upgrade and/or implementation of additional features.  This License shall 
apply to any updates, upgrades and/or additional features that are not 
distributed with a separate license or other agreement. 

E. Reservation of Rights and Restrictions.  The Application is licensed, 
and not sold, to you for use only under the terms of this License. Except 
as expressly licensed to you herein, EA reserves all right, title and 
interest in the Application and all software delivered through the 
Application (including all characters, storyline, images, photographs, 
animations, video, music, text), and all associated copyrights, 
trademarks, and other intellectual property rights therein.  The License is 
limited to the intellectual property rights of EA and its licensors in the 
Application and does not include any rights to other patents or 
intellectual property. Except, and only to the extent that may be 
permitted under applicable law, you may not decompile, disassemble, or 
reverse engineer the Application by any means whatsoever, or alter, 
modify, enhance, or create a derivative work of the Application.  You 
may not remove, alter, or obscure any product identification, copyright, 
or other intellectual property notices in the Application or software 
delivered through the Application.  

F. Installation and Un-installation.  Un-installation of the Application can 
be accomplished by removing the files entitled “Origin” (“Application 
Files”) via the “Add/Remove Programs” page in the Control Panel. 
Certain empty cache folders may also remain on your machine after un-
installation of the Application Files and can be deleted manually.   

2.  Consent to Collection and Use of Data.   

EA knows that you care how information about you is collected, used and 
shared, and we appreciate your trust that we will do so carefully and sensibly.  
Information about our customers is an important part of our business, and EA 
would never sell your personally identifiable information to anyone, nor would it 
ever use spyware or install spyware on users’ machines.  We and agents acting 

validate license rights for some or all EA products without separate
notice to you. This means that in order to use the Application and certain
EA products, you must leave the Application installed on your computer.
You acknowledge and agree that the Application may use information
regarding your computer, hardware, media, software and your use of the
Application to validate your license rights and to update the Application.

D. Application Updates. You agree that the Application may automatically
download and install updates, upgrades and additional features that EA
deems reasonable, beneficial to you and/or reasonably necessary. You
acknowledge and agree that any obligation EA may have to support the
previous version(s) may be ended upon the availability of the update,
upgrade and/or implementation of additional features. This License shall
apply to any updates, upgrades and/or additional features that are not
distributed with a separate license or other agreement.

E. Reservation of Rights and Restrictions. The Application is licensed,
and not sold, to you for use only under the terms of this License. Except
as expressly licensed to you herein, EA reserves all right, title and
interest in the Application and all software delivered through the
Application (including all characters, storyline, images, photographs,
animations, video, music, text), and all associated copyrights,
trademarks, and other intellectual property rights therein. The License is
limited to the intellectual property rights of EA and its licensors in the
Application and does not include any rights to other patents or
intellectual property. Except, and only to the extent that may be
permitted under applicable law, you may not decompile, disassemble, or
reverse engineer the Application by any means whatsoever, or alter,
modify, enhance, or create a derivative work of the Application. You
may not remove, alter, or obscure any product identification, copyright,
or other intellectual property notices in the Application or software
delivered through the Application.

F. ‘ion and Un-i ion. Un-ir ion of the Application can
be accomplished by removing the files entitled “Origin” (“Application
Files”) via the “Add/Remove Programs” page in the Control Panel.
Certain empty cache folders may also remain on your machine after un-
installation of the Application Files and can be deleted manually.

2. Consent to Collection and Use of Data.

EA knows that you care how information about you is collected, used and
shared, and we appreciate your trust that we will do so carefully and sensibly.
Information about our customers is an important part of our business, and EA
would never sell your personally identifiable information to anyone, nor would it
ever use spyware or install spyware on users’ machines. We and agents acting

37683v1

37683v1 

on our behalf do not share information that personally identifies you without your 
consent, except in rare instances where disclosure is required by law or to 
enforce EA’s legal rights. 

In addition to information that you give EA directly, EA collects non-

personally identifiable (or anonymous) information for purposes of improving our 
products and services, providing services to you, facilitating the provision of 
software updates, dynamically served content and product support as well as 
communicating with you.  The non-personally identifiable information that EA 
collects includes technical and related information that identifies your computer 
(including the Internet Protocol Address) and operating system, as well as 
information about your Application usage (including but not limited to successful 
installation and/or removal), software, software usage and peripheral hardware.  
As noted above, this information is gathered periodically for purposes such as 
improving our products and services, troubleshooting bugs, and otherwise 
enhancing your user experience. 

This and all other data provided to EA and/or collected by EA in 

connection with your installation and use of this Application is collected, used, 
stored and transmitted in accordance with EA’s Privacy Policy located at 
www.ea.com.  To the extent that anything in this section conflicts or is 
inconsistent with the terms of EA’s Privacy Policy, the terms of the Privacy Policy 
shall control.   

3.  Application Communications and Conduct/Privacy Settings 

The Application includes social and other online features.  Note that certain of 
these features are not made available to users under the minimum age in their 
respective jurisdictions.  To the extent applicable, your use of online features 
available via the Application is governed by EA’s Terms of Service, available at 
www.ea.com. By installing and using this Application you acknowledge and 
agree that you will abide by EA’s Terms of Service and otherwise agree not to: 

● Create a false identity for purposes of misleading others; 
● Defame, abuse, harass, threaten, spam, violate the rights of others and/or 
otherwise interfere with others’ use and enjoyment of the Application; 
● Publish, transfer or distribute any inappropriate, indecent, obscene, foul or 
unlawful conduct; 
● Transfer, stream or otherwise make available material that contains viruses, 
Trojan horses, worms, time bombs, cancel bots, corrupted files or any other 
similar material that may damage the computer or other property of another user; 
● Use any portion of the Application to harvest or collect information about 
others, including but not limited to email address. 

on our behalf do not share information that personally identifies you without your
consent, except in rare instances where disclosure is required by law or to
enforce EA’s legal rights.

In addition to information that you give EA directly, EA collects non-
personally identifiable (or anonymous) information for purposes of improving our
products and services, providing services to you, facilitating the provision of
software updates, dynamically served content and product support as well as
communicating with you. The non-personally identifiable information that EA
collects includes technical and related information that identifies your computer
(including the Internet Protocol Address) and operating system, as well as
information about your Application usage (including but not limited to successful
installation and/or removal), software, software usage and peripheral hardware.
As noted above, this information is gathered periodically for purposes such as
improving our products and services, troubleshooting bugs, and otherwise
enhancing your user experience.

This and all other data provided to EA and/or collected by EA in
connection with your installation and use of this Application is collected, used,
stored and transmitted in accordance with EA’s Privacy Policy located at
www.ea.com. To the extent that anything in this section conflicts or is
inconsistent with the terms of EA’s Privacy Policy, the terms of the Privacy Policy
shall control.

3. Application Communications and Conduct/Privacy Settings

The Application includes social and other online features. Note that certain of
these features are not made available to users under the minimum age in their
respective jurisdictions. To the extent applicable, your use of online features
available via the Application is governed by EA’s Terms of Service, available at
www.ea.com. By installing and using this Application you acknowledge and
agree that you will abide by EA’s Terms of Service and otherwise agree not to:

e Create a false identity for purposes of misleading others;

e Defame, abuse, harass, threaten, spam, violate the rights of others and/or
otherwise interfere with others’ use and enjoyment of the Application;

e Publish, transfer or distribute any inappropriate, indecent, obscene, foul or
unlawful conduct;

e Transfer, stream or otherwise make available material that contains viruses,
Trojan horses, worms, time bombs, cancel bots, corrupted files or any other
similar material that may damage the computer or other property of another user;
e Use any portion of the Application to harvest or collect information about
others, including but not limited to email address.

37683v1

37683v1 

When you establish your Application profile, your privacy settings will govern how 
others can search for you within the service as well as who can see your profile, 
which will show which games you have and play (among other items that you 
choose to disclose).  If you choose to connect with friends on the Application and 
you are “online,” your friends will receive notifications about your game play 
activity, Application usage and stats.  If you do not want your friends to receive 
such notifications at any time, you can disable chat.  In addition, you can revisit 
your privacy settings and/or block users at any time. 

Select Origin services will be available on both PC and mobile platforms.  You 
can log into all Origin services using your Origin Account (formerly EA Account).  
Your Origin friends list, if you choose to have one, will be the same no matter 
where you log in.  For instance, if you utilize Origin features on your Scrabble 
mobile application, your Scrabble Origin friends will appear in your Origin friends 
list on PC when you log in and vice versa. Likewise, your Origin PC friends’ list 
will also appear on your Origin mobile friends’ list when you log in there.  If you 
do not want friends or other users to see your mobile and/or PC profile, 
including a list of your mobile and/or PC games or other entitlements, 
please be sure to set your profile visibility settings to private or “no one 
can see.”  You can block friends and/or revisit your privacy settings at any time.  
Your profile visibility settings will remain constant across Origin platforms.  Your 
last communicated preference for profile visibility will govern visibility of 
your profile across all Origin service environments (i.e. mobile and PC).  
Your email searchability settings will also remain constant, meaning that if you 
allow your friends to find you via email address on Origin on mobile, members 
will be able to find you by searching for your email address in the PC Origin 
environment as well and vice versa.  Your last communicated email 
searchability preference will apply to all Origin service environments (i.e. 
mobile and PC).  Keep in mind that when you log into Origin on mobile, you 
agree to allow members search for you via your email address.  This preference 
will also apply to your Origin PC profile.  If you do not want to be searchable on 
Origin by email address, please visit your privacy settings via your profile page.  
Note, however, that if you wish to turn off notifications to your friends about your 
game play events and stats, you must do so separately on mobile and PC Origin 
environments.  On PC, you must disable chat to turn off notifications.  In the 
mobile Origin environment, you must separately disable notifications via your 
privacy settings.  Likewise, if you wish not to have members find you using 
Facebook Connect, be sure to log out of Facebook in both the mobile PC Origin 
environments and adjust your privacy settings accordingly.  Check your privacy 
settings in all Origin environments often to ensure that they are set according to 
your preferences. 

Always use caution when giving out any personally identifiable information about 
you or your children when using the Application.  EA does not endorse the 
content, messages and/or information exchanged by means of the Application 

When you establish your Application profile, your privacy settings will govern how
others can search for you within the service as well as who can see your profile,
which will show which games you have and play (among other items that you
choose to disclose). If you choose to connect with friends on the Application and
you are “online,” your friends will receive notifications about your game play
activity, Application usage and stats. If you do not want your friends to receive
such notifications at any time, you can disable chat. In addition, you can revisit
your privacy settings and/or block users at any time.

Select Origin services will be available on both PC and mobile platforms. You
can log into all Origin services using your Origin Account (formerly EA Account).
Your Origin friends list, if you choose to have one, will be the same no matter
where you log in. For instance, if you utilize Origin features on your Scrabble
mobile application, your Scrabble Origin friends will appear in your Origin friends
list on PC when you log in and vice versa. Likewise, your Origin PC friends’ list
will also appear on your Origin mobile friends’ list when you log in there. If you
do not want friends or other users to see your mobile and/or PC profile,
including a list of your mobile and/or PC games or other entitlements,
please be sure to set your profile visibility settings to private or “no one
can see.” You can block friends and/or revisit your privacy settings at any time.
Your profile visibility settings will remain constant across Origin platforms. Your
last communicated preference for profile visibility will govern visibility of
your profile across all Origin service environments (i.e. mobile and PC).
Your email searchability settings will also remain constant, meaning that if you
allow your friends to find you via email address on Origin on mobile, members
will be able to find you by searching for your email address in the PC Origin
environment as well and vice versa. Your last communicated email
searchability preference will apply to all Origin service environments (i.e.
mobile and PC). Keep in mind that when you log into Origin on mobile, you
agree to allow members search for you via your email address. This preference
will also apply to your Origin PC profile. If you do not want to be searchable on
Origin by email address, please visit your privacy settings via your profile page.
Note, however, that if you wish to turn off notifications to your friends about your
game play events and stats, you must do so separately on mobile and PC Origin
environments. On PC, you must disable chat to turn off notifications. In the
mobile Origin environment, you must separately disable notifications via your
privacy settings. Likewise, if you wish not to have members find you using
Facebook Connect, be sure to log out of Facebook in both the mobile PC Origin
environments and adjust your privacy settings accordingly. Check your privacy
settings in all Origin environments often to ensure that they are set according to
your preferences.

Always use caution when giving out any personally identifiable information about

you or your children when using the Application. EA does not endorse the
content, messages and/or information exchanged by means of the Application

37683v1

37683v1 

and therefore you agree that EA is not liable with respect to the Application in 
general and/or any action resulting therefrom. 

You are responsible for all actions that occur in connection with the Origin 
Account (formerly called “EA Account”) you use to register and log into this 
Application.  You agree to notify EA immediately of any unauthorized use of your 
Origin or EA Account or breach in security known to you related to the 
Application. 

4.  Interaction with Third Party Sites and Services. 

The Application may allow you to interact with third-party websites, web browsers 
and web services (“Links”).  The Links are not under the control of EA and EA is 
not responsible for the content of any Links.  EA is providing Links only as a 
convenience and the inclusion of any Link does not imply endorsement by EA of 
the Link or any association with its operators.  If you access Links, please view 
the privacy statements and terms of use posted in connection with those Links.  
Note that EA does not guarantee that any previously-set browser settings or 
parental controls will apply to Links or other web services accessed within the 
Application. 

5.  System Interaction.  The following processes may be associated with the 
Application: Origin.exe, EACoreServer.exe, OriginClientService.exe . The 
Application requires machine resources in order to perform.  

6.  Auto-Update Feature.  The Origin Service will automatically install updates to 
the software you install and/or launch through the Origin Service.  You can opt 
out of this feature by going to the Settings tab and un-checking the box next to  
“Automatically keep my games up to date.”  Note that by opting out of the 
features, your games and other software installed and launched via the Origin 
Service will not be updated. 

7. Termination. This License is effective until terminated. Your rights under this 
License will terminate immediately and automatically without any notice from EA 
if (i) you fail to comply with any of the terms and conditions of this License; or (ii) 
EA ceases to support the Application. Promptly upon termination, you must 
cease all use of the Application and destroy all copies of the Application in your 
possession or control.  EA’s termination will not limit any of EA’s other rights or 
remedies at law or in equity. Sections 2-13 of this License shall survive 
termination or expiration of this License for any reason.  

 8.  Disclaimer of Warranties.  TO THE FULLEST EXTENT PERMISSIBLE 
UNDER APPLICABLE LAW, THE APPLICATION IS PROVIDED TO YOU “AS 
IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT 

and therefore you agree that EA is not liable with respect to the Application in
general and/or any action resulting therefrom.

You are responsible for all actions that occur in connection with the Origin
Account (formerly called “EA Account”) you use to register and log into this
Application. You agree to notify EA immediately of any unauthorized use of your
Origin or EA Account or breach in security known to you related to the
Application.

4. Interaction with Third Party Sites and Services.

The Application may allow you to interact with third-party websites, web browsers
and web services (“Links”). The Links are not under the control of EA and EA is
not responsible for the content of any Links. EA is providing Links only as a
convenience and the inclusion of any Link does not imply endorsement by EA of
the Link or any association with its operators. If you access Links, please view
the privacy statements and terms of use posted in connection with those Links.
Note that EA does not guarantee that any previously-set browser settings or
parental controls will apply to Links or other web services accessed within the
Application.

5. System Interaction. The following processes may be associated with the
Application: Origin.exe, EACoreServer.exe, OriginClientService.exe . The
Application requires machine resources in order to perform.

6. Auto-Update Feature. The Origin Service will automatically install updates to
the software you install and/or launch through the Origin Service. You can opt
out of this feature by going to the Settings tab and un-checking the box next to
“Automatically keep my games up to date.” Note that by opting out of the
features, your games and other software installed and launched via the Origin
Service will not be updated.

7. Termination. This License is effective until terminated. Your rights under this
License will terminate immediately and automatically without any notice from EA
if (i) you fail to comply with any of the terms and conditions of this License; or (ii)
EA ceases to support the Application. Promptly upon termination, you must
cease all use of the Application and destroy all copies of the Application in your
possession or control. EA’s termination will not limit any of EA’s other rights or
remedies at law or in equity. Sections 2-13 of this License shall survive
termination or expiration of this License for any reason.

8. Disclaimer of Warranties. TO THE FULLEST EXTENT PERMISSIBLE
UNDER APPLICABLE LAW, THE APPLICATION IS PROVIDED TO YOU “AS
IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT

37683v1

37683v1 

PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND 
YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY 
QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S 
LICENSORS (COLLECTIVELY EA FOR PURPOSES OF THIS SECTION AND 
SECTION 6) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL 
EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED 
WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, 
SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, 
NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF 
ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE 
PRACTICE.  EA DOES NOT WARRANT AGAINST INTERFERENCE WITH 
YOUR ENJOYMENT OF THE APPLICATION; THAT THE APPLICATION WILL 
MEET YOUR REQUIREMENTS; THAT OPERATION OF THE APPLICATION 
WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SOFTWARE 
WILL BE INTEROPERATE OR THAT THE APPLICATION WILL BE 
COMPATIBLE WITH THIRD PARTY SOFTWARE OR THAT ANY ERRORS IN 
THE APPLICATION WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE 
PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL 
CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE 
EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE 
LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A 
CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND 
LIMITATIONS MAY NOT APPLY TO YOU. 

9.  Limitation of Liability. TO THE FULLEST EXTENT PERMISSIBLE BY 
APPLICABLE LAW, IN NO EVENT SHALL EA, ITS SUBSIDIARIES OR ITS 
AFFILIATES BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY 
DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, 
LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER 
FAILURE OR MALFUNCTION OR ANY FORM OF DIRECT OR INDIRECT, 
SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM 
ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS 
LICENSE OR THE APPLICATION, WHETHER ARISING IN TORT (INCLUDING 
NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER 
OR NOT EA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.  
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR 
DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR 
CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF 
SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR 
CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE 
LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.  In no event shall EA’s 
total liability to you for all damages (except as may be required under applicable 
law) exceed the amount actually paid by you for the Application.  

10. Limitation of Liability is a Material Term of this License. You agree that 
the provisions in this License that limit liability are essential terms of this License.  

PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND
YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY
QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S
LICENSORS (COLLECTIVELY EA FOR PURPOSES OF THIS SECTION AND
SECTION 6) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL
EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED
WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY,
SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE,
NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF
ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE
PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH
YOUR ENJOYMENT OF THE APPLICATION; THAT THE APPLICATION WILL
MEET YOUR REQUIREMENTS; THAT OPERATION OF THE APPLICATION
WILL BE UNINT""",
          "meta" : { },
          "file" : {
            "extension" : "mbox",
            "content_type" : "application/mbox",
            "created" : "2015-04-10T02:47:42.000+0000",
            "last_modified" : "2015-04-10T02:47:42.000+0000",
            "last_accessed" : "2020-03-01T23:56:06.000+0000",
            "indexing_date" : "2020-03-04T17:46:10.980+0000",
            "filesize" : 2941066,
            "filename" : "test.mbox",
            "url" : "file:///Users/dpilato/tmp/mbox/test.mbox"
          },
          "path" : {
            "root" : "78d13d8b8338a4c7deac41d1591183c",
            "virtual" : "/test.mbox",
            "real" : "/Users/dpilato/tmp/mbox/test.mbox"
          }
        }
      }
    ]
  }
}

So I can not reproduce the issue. Could you check that FSCrawler can actually access to your folder?

I'm closing as can not reproduce but please add any comment and we can reopen it.

dadoonet / fscrawler

.mbox not being indexed #910