SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO

PATRICK VICTIM, Plaintiff, vs. SNIDELY WHIPLASH, Defendants. __________________________/		CASE No. 555-555 NOTICE OF CHANGE OF ADDRESS OF PLAINTIFF'S COUNSEL

TO THE COURT, ALL PARTIES HEREIN, AND THEIR COUNSEL OF RECORD, please take note of the new address for plaintiff's counsel as indicated on the heading above.

Actually, this is a test document used to see if the pleading paper has been set up correctly. This document is NOT what it purports to be: a notice of change of address of counsel. The names of plaintiff and defendant above are fictitious.

This document is being delivered to the Open Office.org community as a potential template for use in law firms. This document is intended to be printed on lined pleading paper. I personally prefer to buy lined pleading paper, as opposed to printing it.

This document is not intended to fit the local rules of any particular jurisdiction, including San Francisco Superior Court. Use it at your own peril. Please notice that most courts have their own local rules regarding the pagination of pleadings, and this document might not comply with those rules in the court in which you are doing business. Check your local rules or check with an attorney.

As filler, I have cut and pasted the text of the EULA from Microsoft's Windows XP. It is scary stuff. Read it. If you buy and use Windows XP, you are agreeing not to use XP to create “scandalous” materials.” Whoa, what does that mean? If you criticize Microsoft, are you creating impermissibly “scandalous” material? If so, can you be sued for breach of the license agreement by Microsoft?

Please note that I am not making any representations as to the enforceability of Microsoft's EULA. But you really ought to read Microsoft's EULA, and then read the Open Office.org counter-part. Open Office is free, and this document was created with Open Office. What more do you need?

From MS OFFICE XP

" END USER LICENSE AGREEMENT FOR MICROSOFT SOFTWARE.

"

" IMPORTANT-READ CAREFULLY: This Microsoft End-User License Agreement ("EULA") is a legal agreement between you (either an individual person or a single legal entity, who will be referred to in this EULA as "You") and Microsoft Corporation for the Microsoft software product that accompanies this EULA, including any associated media, printed materials and electronic documentation (the "Software Product"). The Software Product also includes any software updates, add-on components, web services and/or supplements that Microsoft may provide to You or make available to You after the date You obtain Your initial copy of the Software Product to the extent that such items are not accompanied by a separate license agreement or terms of use. By installing, copying, downloading, accessing or otherwise using the Software Product, You agree to be bound by the terms of this EULA. If You do not agree to the terms of this EULA, do not install, access or use the Software Product; instead, You should return it to Your place of purchase for a full refund.

"

" SOFTWARE PRODUCT LICENSE

"

" The Software Product is protected by intellectual property laws and treaties. The Software Product is licensed, not sold. "

" 1. GRANT OF LICENSE. This Section of the EULA describes Your general rights to install and use the Software Product The license rights described in this Section are subject to all other terms and conditions of this EULA.

" General License Grant to Install and Use Software Product. You may install and use one copy of the Software Product on a single computer, device, workstation, terminal, or other digital electronic or analog device ("Device"). You may make a second copy of the Software Product and install it on a portable Device for the exclusive use of the person who is the primary user of the first copy of the Software Product. A license for the Software Product may not be shared.

"

"	Alternative License Grant for Storage/Network Use. As an

alternative to the rights granted in the previous section, You may install a copy of the Software Product on one storage Device, such as a network server, and allow individuals within Your business or enterprise to access and use the Software Product from other Devices over a private network, provided that You acquire and dedicate a license for the storage Device upon which the Software Product is installed and each separate Device from which the Software Product is accessed and used. A license for the Software Product may not be used concurrently on different Devices.

"

"	General License Grant to Install and Use Subscription Product. The following licensing terms apply to You instead of the license grants in the previous two paragraphs if You licensed a subscription-based Software Product (a "Subscription Product"). You may install one copy of the Subscription Product on a single Device and use the Subscription Product for the term of Your subscription. You may also exercise the additional license rights described in the paragraphs below, but only for the term of Your subscription. The initial subscription period begins on the date You first activate Your copy of the Subscription Product and ends three hundred and sixty five (365) days thereafter. You cannot use the Subscription Product after Your subscription expires unless You renew or extend Your subscription. By renewing or extending Your subscription, You will be entitled to continue using the Subscription Product for a specified period of time beyond the date when Your previous subscription would have otherwise ended. All the terms and conditions of this EULA will continue to apply to Your use of the Subscription Product during any subsequent renewal periods unless otherwise specified. After the expiration of Your subscription, You can continue to open, view and print any documents You created with the Subscription Product. "

"	Additional License Grant for Media Elements. The Software Product may include certain photographs, clip art, animations, sounds, music and video clips (together "Media Elements"). If so, the following terms describe Your rights to the Media Elements: "

" o Except as specified in the next Section, You may use, copy and modify the Media Elements and distribute copies of the Media Elements, along with Your modifications, as part of Your software product(s) and service(s), including Your web site(s).

"	o You are not licensed to do any of the following:

"

" o You may not sell, license or distribute copies of the Media Elements on a stand-alone basis or as part of any collection, product or service where the primary value of the product or service are the Media Elements.

"	o You may not use or distribute any of the Media Elements that include representations of identifiable individuals, governments, logos, initials, emblems, trademarks, or entities for any commercial purposes or to express or imply any endorsement or association with any product, service, entity, or activity.

" o You may not create obscene or scandalous works, as defined by federal law at the time the work is created, using the Media Elements.

"	o You must indemnify, hold harmless, and defend Microsoft from and against any claims or lawsuits, including attorneys' fees, that arise from or result from the use or distribution of Media Elements as modified by You.

" o You must include a valid copyright notice on Your products and services that include copies of the Media Elements.

"

" o You may not permit third parties to distribute copies

of the Media Elements except as part of Your product or service. "

" Additional License Grant for SharePoint Team Services.

The Software Product may contain a copy of the Sharepoint Team

Services. If so, You may install one copy of such software on one

Device and allow an unlimited number of individuals within Your

business or enterprise to access and use the Sharepoint Team

Services from other Devices provided that You acquire and dedicate

a license to the Software Product for the Device upon which the

Sharepoint Team Services are installed.

"

" Reservation of Rights. All rights not expressly granted

are reserved by Microsoft.

"

" 2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

"

" Academic Edition Software. If the Software Product is

identified as "Academic Edition" or "AE," You must be a "Qualified

Educational User" to use the Software Product. If You are not a

Qualified Educational User, You have no rights under this EULA. To

determine whether You are a Qualified Educational User, please

contact the Microsoft Sales Information Center/One Microsoft

Way/Redmond, WA 98052-6399 or the Microsoft subsidiary serving

Your country. "

" Mandatory Activation. You may not be able to exercise

Your rights to the Software Product under this EULA after a finite

number of product launches unless You activate Your copy of the

Software Product in the manner described during the launch

sequence. "

" Copy Protection. The Software Product may include copy

protection technology to prevent the unauthorized copying of the

Software Product or may require original media for use of the

Software Product on the Device. It is illegal to make unauthorized

copies of the Software Product or to circumvent any copy

protection technology included in the Software Product.

"

" Not for Resale Software. If the Software Product is

labeled "Not For Resale" or "NFR," then, notwithstanding other

sections of this EULA, Your use of the Software Product is limited

to use for demonstration, test, or evaluation purposes and You may

not resell, or otherwise transfer for value, the Software Product.

"

" Limitations on Reverse Engineering, Decompilation, and

Disassembly. You may not reverse engineer, decompile, or

disassemble the Software Product, except and only to the extent

that such activity is expressly permitted by applicable law

notwithstanding this limitation.

"

" Separation of Component Parts. The Software Product is

licensed as a single product. Its component parts may not be

separated for use on more than one Device unless expressly

permitted by this EULA.

"

" Trademarks. This EULA does not grant You any rights in

connection with any trademarks or service marks of Microsoft.

"

" No rental, leasing or commercial hosting. You may not

rent, lease, lend or provide commercial hosting services to third

parties with the Software Product.

"

" Support Services. Microsoft may provide You with support

services related to the Software Product ("Support Services"). Use

of Support Services is governed by the Microsoft policies and

programs described in the user manual, in "online" documentation,

or in other Microsoft-provided materials. Any supplemental

software code provided to You as part of the Support Services are

considered part of the Software Product and subject to the terms

and conditions of this EULA. You acknowledge and agree that

Microsoft may use technical information You provide to Microsoft

as part of the Support Services for its business purposes,

including for product support and development. Microsoft will not

utilize such technical information in a form that personally

identifies You.

"

" Software Transfer. Except as specified in this Section,

the initial licensee of the Software Product may make a one-time

permanent transfer of this EULA and Software Product only directly

to an end user. This transfer must include all of the Software

Product (including all component parts, the media and printed

materials, any upgrades, this EULA, and, if applicable, the

Certificate of Authenticity). Such transfer may not be by way of

consignment or any other indirect transfer. The transferee of such

one-time transfer must agree to comply with the terms of this

EULA, including the obligation not to further transfer this EULA

and Software Product. Subscription Products are non-transferable.

"

" Termination. Without prejudice to any other rights,

Microsoft may terminate this EULA if You fail to comply with the

terms and conditions of this EULA. In such event, You must destroy

all copies of the Software Product and all of its component parts.

"

" 3. UPGRADES.

"

" Standard Software Product. If the Software Product is

labeled as an upgrade, You must be properly licensed to use a

product identified by Microsoft as being eligible for the upgrade

in order to use the Software Product. A Software Product labeled

as an upgrade replaces or supplements (and may disable) the

product that formed the basis for Your eligibility for the

upgrade. You may use the resulting upgraded product only in

accordance with the terms of this EULA. If the Software Product is

an upgrade of a component of a package of software programs that

You licensed as a single product, the Software Product may be used

and transferred only as part of that single product package and

may not be separated for use on more than one Device.

"

" Subscription Based Software Product. The following terms

apply to You instead of the terms in the previous paragraph if You

licensed a Subscription Product. If Microsoft releases any upgrades

or new versions of the Subscription Product during the term of

Your subscription, You will be entitled to receive a copy of such

upgrade(s) or new version(s) at no additional cost, except for any

applicable connection charges, taxes, duties and shipping costs if

You select fulfillment by mail. Such upgrades shall be considered

part of the Subscription Product and subject to all of the terms

and conditions of this EULA unless otherwise indicated in any

license agreement that accompanies such upgrade or new version.

"

" 4. INTELLECTUAL PROPERTY RIGHTS. All title and

intellectual property rights in and to the Software Product

(including but not limited to any images, photographs, animations,

video, audio, music, text, and "applets" incorporated into the

Software Product), the accompanying printed materials, and any

copies of the Software Product are owned by Microsoft or its

suppliers. All title and intellectual property rights in and to

the content that is not contained in the Software Product, but may

be accessed through use of the Software Product, is the property

of the respective content owners and may be protected by

applicable copyright or other intellectual property laws and

treaties. This EULA grants You no rights to use such content. If

this Software Product contains documentation that is provided only

in electronic form, you may print one copy of such electronic

documentation. You may not copy the printed materials accompanying

the Software Product.

"

" 5. BACKUP COPY. After installation of one copy of the

Software Product pursuant to this EULA, you may keep the original

media on which the Software Product was provided by Microsoft

solely for backup or archival purposes. If the original media is

required to use the Software Product on the Device, you may make

one copy of the Software Product solely for backup or archival

purposes. Except as expressly provided in this EULA, you may not

otherwise make copies of the Software Product or the printed

materials accompanying the Software Product.

"

" 6. U.S. GOVERNMENT LICENSE RIGHTS. All Software 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 Software

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.

"

" 7. EXPORT RESTRICTIONS. You acknowledge that the Software

Product is of U.S. origin. You agree to comply with all applicable

international and national laws that apply to the Software 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/.

"

" 8. APPLICABLE LAW.

"

" If you acquired this Software Product in the United

States, this EULA is governed by the laws of the State of

Washington. "

" If you acquired this Software 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 Software Product was acquired outside

the United States, then local law may apply.

"

" Should you have any questions concerning this EULA, or if

you desire to contact Microsoft for any reason, please contact the

Microsoft subsidiary serving your country, or write: Microsoft

Sales Information Center/One Microsoft Way/Redmond, WA 98052-6399.

"

" 9. LIMITED WARRANTY

"

" LIMITED WARRANTY FOR SOFTWARE PRODUCTS ACQUIRED IN THE US

AND CANADA. Microsoft warrants that the SOFTWARE PRODUCT will

perform substantially in accordance with the accompanying

materials for a period of ninety (90) 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 SOFTWARE PRODUCT,

including without limitation, any (if any) service packs or hot

fixes provided to you after the expiration of the ninety (90) 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 Software 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 11 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

Software Product, or (b) repair or replacement of the Software

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 Software Product to Microsoft). This Limited

Warranty is void if failure of the Software Product has resulted

from accident, abuse, misapplication, abnormal use or a virus. Any

replacement Software 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 SOFTWARE PRODUCTS ACQUIRED OUTSIDE

THE US AND 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.

"

" 10. 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 OR PACKAGING. EXCEPT FOR THE LIMITED WARRANTY

AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT

AND ITS SUPPLIERS PROVIDE THE SOFTWARE 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 ACCURACY OR COMPLETENESS OR RESPONSES, OF

RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES AND OF LACK OF

NEGLIGENCE, ALL WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF

OR FAILURE TO PROVIDE SUPPORT SERVICES. ALSO, THERE IS NO WARRANTY

OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION,

CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO

THE SOFTWARE.

"

" 11. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN

OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,

IN NO EVENT SHALL MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY

SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER

(INCLUDING, 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

SOFTWARE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT

SERVICES, 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.

"

" 12. 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) SHAL BE LIMITED TO THE GREATER OF

THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR U.S. $5.00.

THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS (INCLUDING

SECTIONS 7, 8, AND 9 ABOVE) SHALL APPLY TO THE MAXIMUM EXTENT

PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS

ESSENTIAL PURPOSE.

"

" 13. ENTIRE AGREEMENT. This EULA (including any addendum

or amendment to this EULA which is included with the Software

Product) is the entire agreement between you and Microsoft

relating to the Software 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

Software 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.

Dated: _____________	LAW OFFICES OF CHRISTIAN J. EINFELDT

By:	___________________________

Christian J. Einfeldt,

Attorney for Plaintiff

Christian J. Einfeldt, Esq.

LAW OFFICES OF CHRISTIAN J. EINFELDT

580 California Street, Suite 1600

San Francisco, CA 94104

415 351 1300

NOTICE OF CHANGE OF ADDRESS OF PLAINTIFF'S COUNSEL	Page 23

2003-07-23T20:25:34