EULA
EULA
EULA
This End-User License Agreement ("EULA") is a legal ag reement between you (either an individual or a single entity) and Microsoft Corp oration for the Microsoft software that accompanies this EULA, which includes co mputer software and may include associated media, printed materials, "online" or electronic documentation, and Internet-based services ("Software"). An amendme nt or addendum to this EULA may accompany the Software. YOU AGREE TO BE BOUND B Y THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE . IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE. 1. GRANT OF LICENSE. Microsoft grants you the following rights described i n this EULA provided that you comply with all terms and conditions of this EULA. 1.1 General License Grant. Microsoft grants you a limited, nonexclu sive license to use the Software, and to make and use copies of the Software, fo r the purposes of designing, developing and testing your software applications f or use with any version or edition of Microsoft Windows XP operating system for personal computers or servers and any successor versions ("Microsoft Operating S ystem Product"). 2. ADDITIONAL LICENSE RIGHTS-REDISTRIBUTABLE COMPONENTS 2.1 Sample Code. Microsoft grants you a limited, nonexclusive licen se (a) to use any source code that is located in any directory or sub-directory named "samples" in the Software or that is otherwise identified as sample code i n the Software (collectively, "Sample Code") to design, develop, and test your s oftware applications; and (b) to make and distribute copies of the Sample Code s ubject to your compliance with Section 3. 2.2 Redistributable Code. All portions of the Software that are lis ted in the text file \License\Redist.txt collectively constitute "Redistributabl e Code." Microsoft grants you a limited, nonexclusive license to reproduce and distribute Redistributable Code in object code form only, subject to your compli ance with Section 3. 3. DISTRIBUTION REQUIREMENTS AND LICENSE LIMITATIONS 3.1 Your licenses under Section 2 to distribute Sample Code and Redi stributable Code (collectively, "Redistributables") are conditioned on the follo wing: (a) you will distribute Redistributables only in object code form and in conjunction with and as a part of a software application developed by you that a dds significant and primary functionality to the Redistributables ("Application" ); (b) if any Redistributables in the Software as delivered to you are contained in a separate setup program, then you may only distribute those Redistributable s as part of that setup program, without alteration to that setup program or rem oval of any of its components, such that an end user of your Application would i nstall the Redistributables only by using that unaltered setup program; (c) th e Redistributables will operate only in conjunction with a Microsoft Operating S ystem Product; (d) you will distribute your Application containing the Redistrib utables only pursuant to an end-user license agreement (which may be break-the-s eal, click-wrap or signed) with terms no less protective than those contained in this EULA; (e) you will not use Microsoft's name, logo, or trademarks to market your Application; (f) you will include a valid copyright notice on your Applica tion sufficient to protect Microsoft's copyright in the Software; (g) you will n ot remove or obscure any copyright, trademark or patent notices that appear on o r in the Software as delivered to you; (h) you will indemnify, hold harmless, an d defend Microsoft from and against any claims or lawsuits, including attorneys' and experts' fees, that arise or result from the use or distribution of your Ap plication; and (i) you will otherwise comply with the terms of this EULA. You m ay not permit further distribution of Redistributables by your end users except
that you may permit further redistribution of Redistributables by your distribut ors to end users if your distributors only distribute the Redistributables in co njunction with and as part of your Application or Applications, you comply with all other terms of this EULA, and your distributors comply with all restrictions of this EULA that are applicable to you. 3.2 Prerelease Code. The Software may contain prerelease code that m ight not operate correctly, is not at the level of performance and compatibility of the final, generally available product offering, and might be substantially modified prior to shipment of that offering. Microsoft is not obligated to make this or any later version of the Software commercially available. Your license under Section 2 to distribute any Redistributables identified in the documentat ion as prerelease, alpha, beta or release candidate code or under a similar desi gnation indicating code that is not intended for commercial distribution (collec tively, "Prerelease Code") is conditioned upon your marking the version of your Application containing the Prerelease Code as "BETA," "PRE-RELEASE" or other rea sonable designation of similar import. Your license under this Section 3.2 term inates upon Microsoft's publicly announced commencement of the commercial availa bility of the Microsoft Operating System Product for which your Application is d eveloped. 3.3 Identified Software. If you use the Redistributables, then in a ddition to your compliance with the applicable distribution requirements describ ed for the Redistributables, the following also applies. Your license rights to Redistributables are conditioned on you (a) not incorporating Identified Softwa re into or combining Identified Software with the Redistributables; (b) not dist ributing Identified Software in conjunction with the Redistributables; and (c) n ot using Identified Software in the development of a derivative work of Sample C ode. "Identified Software" means software that is licensed pursuant to terms th at directly or indirectly (d)create, or purport to create, obligations for Micro soft with respect to the Redistributables or (e) grant, or purport to grant, to any third party any rights or immunities under Microsoft's intellectual property or proprietary rights in the Redistributables. Identified Software includes, w ithout limitation, any software that requires as a condition of its use, modific ation and/or distribution that any other software incorporated into, derived fro m or distributed with such software must also be (f) disclosed or distributed in source code form, (g) licensed for the purpose of making derivative works, or ( h) redistributable at no charge. 4. RESERVATION OF RIGHTS AND OWNERSHIP. The Software is licensed, not sold . Microsoft reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and tre aties. Microsoft or its suppliers own the title, copyright, and other intellectu al property rights in the Software. 5. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the Software, except and on ly to the extent that such activity is expressly permitted by applicable law not withstanding this limitation. 6. NO RENTAL OR COMMERCIAL HOSTING. You may not rent, lease, lend or provi de commercial hosting services with the Software. 7. CONSENT TO USE OF DATA. You agree that Microsoft and its affiliates may collect and use technical information gathered as part of the product support s ervices provided to you, if any, related to the Software. Microsoft may use thi s information solely to improve our products or to provide customized services o r technologies to you and will not disclose this information in a form that pers onally identifies you. 8. SUPPORT SERVICES. Microsoft may provide you with support services relat ed to the Software ("Support Services"). Use of the Support Services is governe
d by the Microsoft policies and programs described in the user manual, in "on li ne" documentation and/or other Microsoft-provided materials. Any supplemental so ftware code provided to you as part of the Support Services shall be considered part of the Software and subject to the terms and conditions of this EULA. With respect to technical information you provide to Microsoft as part of the Support Services, Microsoft may use such information for its business purposes, includi ng for product support and development. Microsoft will not utilize such technica l information in a form that personally identifies you. 9. ADDITIONAL SOFTWARE OR SERVICES. This EULA applies to updates, suppleme nts, add-on components, or Internet-based services components, of the Software t hat Microsoft may provide to you or make available to you after the date you obt ain your initial copy of the Software, 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 provide d to you or made available to you through the use of the Software. 10. EXPORT RESTRICTIONS. You acknowledge that the Software is subject to U. S. export jurisdiction. You agree to comply with all applicable international a nd national laws that apply to the Software, including the U.S. Export Administr ation Regulations, as well as end-user, end-use, and destination restrictions is sued by U.S. and other governments. For additional information see <http://www. microsoft.com/exporting/>. 11. SOFTWARE TRANSFER. The initial user of the Software may make a one-time permanent transfer of this EULA and Software to another end user, provided the initial user retains no copies of the Software. This transfer must include all of the Software (including all component parts, the media and printed materials, any upgrades, 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 Software must agree to all the EULA ter ms. 12. TERMINATION. Without prejudice to any other rights, Microsoft may termi nate 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 and all of its compo nent parts. 13. DISCLAIMER OF WARRANTIES. 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 CON DITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, A NY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITN ESS FOR A PARTICULAR PURPOSE, OF RELIABILITY OR AVAILABILITY, OF ACCURACY OR COM PLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, A ND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE SOFTWARE AND THE PROVISION OF O R FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELAT ED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTW ARE. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET P OSSESSION, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE. 14. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO TH E MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQU ENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PR OFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSO NAL 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 OTHE R LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILI
TY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHE RWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTIO N WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDI NG NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREAC H OF WARRANTY OF MICROSOFT OR ANY SUPPLIER, AND EVEN IF MICROSOFT OR ANY SUPPLIE R HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 15. LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DA MAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHIN G ELSE), THE ENTIRE LIABILITY OF MICROSOFT AND ANY OF ITS SUPPLIERS UNDER ANY PR OVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY HEREUNDER SHALL BE LIMITED TO THE GREATER OF THE ACTUAL DAMAGES YOU INCUR IN REASONABLE RELIANCE ON THE SOFTWARE UP TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR US$5.00. THE FOREGOIN G LIMITATIONS, EXCLUSIONS AND DISCLAIMERS (INCLUDING SECTIONS 13, 14 AND 15) SHA LL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY F AILS ITS ESSENTIAL PURPOSE. 16. U.S. GOVERNMENT LICENSE RIGHTS. All Software provided to the U.S. Gover nment pursuant to solicitations issued on or after December 1, 1995, is provided with the commercial license rights and restrictions described elsewhere herein. All Software 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 Software in the United States, thi s EULA is governed by the laws of the State of Washington. If you acquired this Software in Canada, unless expressly prohibited by local law, this EULA is gove rned 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 f ederal and provincial courts sitting in Toronto, Ontario. If you acquired this Software in the European Union, Iceland, Norway, or Switzerland, then local law applies. If you acquired this Software in any other country, then local law may apply. 18. ENTIRE AGREEMENT; SEVERABILITY. This EULA (including any addendum or am endment to this EULA which is included with the Software) is the entire agreemen t between you and Microsoft relating to the Software and the support services (i f any) and it supersedes all prior or contemporaneous oral or written communicat ions, proposals and representations with respect to the Software or any other su bject matter covered by this EULA. To the extent the terms of any Microsoft pol icies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.