Microsoft irrevocably covenants that it will not seek to enforce any of its patent claims necessary to conform to the technical specifications for the Microsoft Office 2003 XML Reference Schemas or the Ecma Office Open XML standard (Ecma 376) (the "Specifications") against those conforming parts of software products. This covenant shall not apply with respect to any person or entity that asserts, threatens, or seeks at any time to enforce a patent right or rights against Microsoft or any of its affiliates relating to any conforming implementation of the same Specification.

This statement is not an assurance either (i) that any of the Microsoft issued patent claims cover a conforming implementation of the Specifications or are enforceable, or (ii) that such an implementation would not infringe patents or other intellectual property rights of any third party.

No other rights except those expressly stated in this covenant shall be deemed granted, waived or received by implication, or estoppel, or otherwise. In particular, no rights in the Microsoft Office product, including its features and capabilities, are hereby granted except as expressly set forth in the Specifications.

Any Microsoft essential patent claims in connection with the Microsoft Office 2003 XML Reference Schemas and Ecma 376 are also available under the Microsoft Open Specification Promise. Ecma 376 has been submitted to ISO/IEC JTC-1 for approval under the fast-track process as ISO/IEC DIS 29500, and Microsoft’s promises under this covenant and the Open Specification Promise apply to that document as well.