master end-user license agreement for microsoft software
Contents
1. Certain functions of the X 509 implementation for example certificate revocation checking and certificate path building connect via the Internet to computer systems belonging to Microsoft and other digital certificate authorities to check the validity of digital certificates that you receive from third parties during certain Internet based operations for example communications secured with SSL or IPsec mail secured with S MIME and smartcard authentication In accordance with the X 509 standard the Server Software automatically retrieves user certificates and certificate revocation lists when you attempt to access certificate protected content Additionally the Server Software s Auto Root Update feature will occasionally update the list of trusted certificate authorities Auto Root Update is an optional feature you can uninstall it if you do not desire it to function The other security operations based on the X 509 standard can be prevented from operating by blocking Server Internet access iv Windows Media Player Some features of Windows Media Player automatically contact Microsoft computer systems if you use Windows Media Player or specific features of it features that A check for new codecs if your Server does not have the correct ones for content you attempt to play this feature may be switched off and B check for new versions of Windows Media Player this feature will operate only when you are using Windows Media Player2. E DE L OMISSION DE REMPLIR TOUT DEVOIR Y COMPRIS D AGIR DE BONNE FOI OU D EXERCER UN SOIN RAISONNABLE DE LA NEGLIGENCE ET DE TOUTE AUTRE PERTE P CUNIAIRE OU AUTRE PERTE DE QUELQUE NATURE QUE CE SOIT SE RAPPORTANT DE QUELQUE MANI RE QUE CE SOIT L UTILISATION DU LOGICIEL OU L INCAPACIT DE S EN SERVIR LA PRESTATION OU L OMISSION DE LA PRESTATION DE SERVICES DE SOUTIEN TECHNIQUE OU LA FOURNITURE OU L OMISSION DE LA FOURNITURE DE TOUS AUTRES SERVICES RENSEIGNEMENTS LOGICIELS ET CONTENU QUI S Y RAPPORTE GR CE AU LOGICIEL OU PROVENANT AUTREMENT DE L UTILISATION DU LOGICIEL OU AUTREMENT AUX TERMES DE TOUTE DISPOSITION DE LA PR SENTE CONVENTION OU RELATIVEMENT UNE TELLE DISPOSITION M ME EN CAS DE FAUTE DE DELIT CIVIL Y COMPRIS LA N GLIGENCE DE RESPONSABILIT STRICTE DE VIOLATION DE CONTRAT OU DE VIOLATION DE GARANTIE DE MICROSOFT OU DE TOUT FOURNISSEUR ET MEME SI MICROSOFT OU TOUT FOURNISSEUR A ETE AVISE DE LA POSSIBILITE DE TELS DOMMAGES LIMITATION DE RESPONSABILITE ET RECOURS MALGRE LES DOMMAGES QUE VOUS PUISSIEZ SUBIR POUR QUELQUE MOTIF QUE CE SOIT NOTAMMENT MAIS SANS LIMITATION TOUS LES DOMMAGES SUSMENTIONNES ET TOUS LES DOMMAGES DIRECTS OU GENERAUX OU AUTRES LA SEULE RESPONSABILITE DE MICROSOFT ET DE L UN OU L AUTRE DE SES FOURNISSEURS AUX TERMES DE TOUTE DISPOSITION DE LA PRESENTE CONVENTION ET VOTRE RECOURS EXCLUSIF A L GARD DE TOUT CE QUI PR C DE SAUF EN CE QUI CONCERNE TOUT RECOURS DE R
3. PARATION OU DE REMPLACEMENT CHOISI PAR MICROSOFT L GARD DE TOUT MANQUEMENT LA GARANTIE LIMIT E SE LIMITE AU PLUS LEV ENTRE LES MONTANTS SUIVANTS LE MONTANT QUE VOUS AVEZ R ELLEMENT PAY POUR LE LOGICIEL OU 5 00SUS LES LIMITES EXCLUSIONS ET DENIS QUI PR C DENT Y COMPRIS LES CLAUSES CI DESSUS S APPLIQUENT DANS LA MESURE MAXIMALE PERMISE PAR LES LOIS APPLICABLES M ME SI TOUT RECOURS N ATTEINT PAS SON BUT ESSENTIEL moins que cela ne soit prohib par le droit local applicable la pr sente Convention est r gie par les lois de la province d Ontario Canada Vous consentez la comp tence des tribunaux f d raux et provinciaux si geant Toronto dans la province d Ontario AU cas o vous auriez des questions concernant cette licence ou que vous d siriez vous mettre en rapport avec Microsoft pour quelque raison que ce soit veuillez utiliser l information contenue dans le Logiciel pour contacter la filiale de Microsoft desservant votre pays ou visitez Microsoft sur le World Wide Web http www microsoft com 0203 Part No X0947276 4 X BA 9 4 7 2 7 6 x Microsoft
4. Sample Code along with any modifications in object code form and or in source code form For applicable redistribution requirements for Sample Code see Section 3 2 3 1 2 Redistributable Code Microsoft grants you a limited nonexclusive royalty free license to reproduce and distribute the object code form of any portion of the Software listed in a REDIST TXT file Redistributable Code For redistribution requirements see Section 3 2 3 1 3 Microsoft Merge Modules MSM Microsoft grants you a limited nonexclusive royalty free license to reproduce and distribute the content of MSM file s listed in REDIST TXT in the manner described in the Software documentation only so long as you redistribute such content in its entirety and do not modify such content in any way For all other applicable redistribution requirements for MSM files see Section 3 2 3 1 4 Microsoft Foundation Classes MFC Active Template Libraries ATL and C Runtimes CRTs Microsoft grants you a limited nonexclusive royalty free license to a use and modify the source code version of those portions of the Software that are identified as MFC ATL or CRTs the VC Redistributables for the sole purposes of designing developing and testing your software products and b reproduce and distribute the object code version of the VC Redistributables including any modifications or enhancements to the functionality of the VC Redistributables so long
5. that Microsoft may provide to you or make available to you after the date you obtain 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 provided to you or made available to you through the use of the Software NOT FOR RESALE SOFTWARE Software identified as Not For Resale or NFR may not be sold or otherwise transferred for value or used for any purpose other than demonstration test or evaluation EXPORT RESTRICTIONS You acknowledge that the Software is subject to U S export jurisdiction You agree to comply with all applicable international and national laws that apply to the Software 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 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 th
6. you If you use the Redistributables or any portion thereof then in addition to your compliance with the applicable distribution requirements described for the Redistributables the following also applies Your license rights to the Redistributables are conditioned upon your not a creating derivative works of the Redistributables in any manner that would cause the Redistributables in whole or in part to become subject to any of the terms of an Excluded License or b distributing the Redistributables or derivative works thereof in any manner that would cause the Redistributables to become subject to any of the terms of an Excluded License An Excluded License is any license that requires as a condition of use modification and or distribution of software subject to the Excluded License that such software or other software combined and or distributed with such software be i disclosed or distributed in source code form ii licensed for the purpose of making derivative works or iii redistributable at no charge 3 3 Additional Distribution Requirements and License Rights and Limitations Software Specific 3 3 1 3 3 2 3 3 3 3 3 4 Microsoft SQL Server Desktop Engine MSDE If you redistribute MSDE you agree to comply with the following additional requirements a Licensee Software shall not substantially duplicate the capabilities of Microsoft Access or in the reasonable opinion of Microsoft compete with same a
7. EULA does not obligate Microsoft to provide any support services or to support any software provided as part of those services 8 2 Consent to Use of Data You agree that Microsoft and its affiliates may collect and use technical information gathered as part of the support services provided to you if any related to the Software Microsoft may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you PRERELEASE CODE Portions of the Software may be identified as prerelease code beta code or as a release candidate collectively Prerelease Code Such Prerelease Code is not at the level of performance and compatibility of the final generally available product offering The Prerelease Code may not operate correctly and may be substantially modified prior to first commercial shipment Microsoft is not obligated to make this or any later version of the Prerelease Code commercially available The grant of license to use Prerelease Code expires upon availability of a commercial release of the Prerelease Code from Microsoft NOTE In the event that Prerelease Code contains a separate end user license agreement the terms and conditions of such end user license agreement shall govern your use of the corresponding Prerelease Code RESERVATION OF RIGHTS AND OWNERSHIP Microsoft reserves all rights not expressly granted
8. MASTER END USER LICENSE AGREEMENT FOR MICROSOFT SOFTWARE MSDN THE MICROSOFT DEVELOPER NETWORK SUBSCRIPTION PLEASE READ THIS END USER LICENSE AGREEMENT EULA CAREFULLY BY INSTALLING OR USING THE SOFTWARE THAT ACCOMPANIES THIS EULA SOFTWARE YOU AGREE TO THE TERMS OF THIS EULA IF YOU DO NOT AGREE DO NOT USE THE SOFTWARE AND IF APPLICABLE RETURN IT TO THE PLACE OF PURCHASE FOR A FULL REFUND 1 THE MICROSOFT DEVELOPER NETWORK SUBSCRIPTION PROGRAM 1 1 General This EULA is a legal agreement between you either an individual or a single entity and Microsoft Corporation Microsoft This EULA governs the Software which includes computer software including online and electronic documentation and any associated media and printed materials This EULA applies to updates supplements add on components and Internet based services components of the Software that Microsoft may provide or make available to you unless Microsoft provides other terms 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 Software This EULA also governs any product support services relating to the Software except as may be included in another agreement between you and Microsoft An amendment or addendum to this EULA may accompany the Software 1 2 The Microsoft Developer Network Subs
9. NTY OR CONDITION OF TITLE QUIET ENJOYMENT QUIET POSSESSION CORRESPONDENCE TO DESCRIPTION OR NON INFRINGEMENT WITH REGARD TO THE SOFTWARE 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 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 SOFTWARE THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES INFORMATION SOFTWARE AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA EVEN IN THE EVENT OF THE FAULT TORT INCLUDING NEGLIGENCE MISREPRESENTATION 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 21 LIMITATION OF LIABILITY AND REMEDIES NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER INCLUDING WITHOUT LIMITATION ALL DAMAGES
10. PLICITES OU EN VERTU DE LA LOI NOTAMMENT MAIS SANS LIMITATION LE CAS ECHEANT LES GARANTIES DEVOIRS OU CONDITIONS IMPLICITES DE QUALITE MARCHANDE D ADAPTATION A UNE FIN PARTICULI RE DE FIABILIT OU DE DISPONIBILIT D EXACTITUDE OU D EXHAUSTIVITE DES REPONSES DES RESULTATS DES EFFORTS DEPLOYES SELON LES REGLES DE L ART D ABSENCE DE VIRUS ET D ABSENCE DE NEGLIGENCE LE TOUT L GARD DU LOGICIEL ET DE LA PRESTATION OU DE L OMISSION DE LA PRESTATION DES SERVICES DE SOUTIEN TECHNIQUE OU L GARD DE LA FOURNITURE OU DE L OMISSION DE LA FOURNITURE DE TOUS AUTRES SERVICES RENSEIGNEMENTS LOGICIELS ET CONTENU QUI S Y RAPPORTE GRACE AU LOGICIEL OU PROVENANT AUTREMENT DE L UTILISATION DU LOGICIEL PAR AILLEURS IL N Y AAUCUNE GARANTIE OU CONDITION QUANT AU TITRE DE PROPRIETE A LA JOUISSANCE OU LA POSSESSION PAISIBLE A LA CONCORDANCE UNE DESCRIPTION NI QUANT UNE ABSENCE DE CONTREFA ON CONCERNANT LE LOGICIEL Continued EXCLUSION DES DOMMAGES ACCESSOIRES INDIRECTS ET DE CERTAINS AUTRES DOMMAGES DANS LA MESURE MAXIMALE PERMISE PAR LES LOIS APPLICABLES EN AUCUN CAS MICROSOFT OU SES FOURNISSEURS NE SERONT RESPONSABLES DES DOMMAGES SP CIAUX CONS CUTIFS ACCESSOIRES OU INDIRECTS DE QUELQUE NATURE QUE CE SOIT NOTAMMENT LES DOMMAGES L GARD DU MANQUE GAGNER OU DE LA DIVULGATION DE RENSEIGNEMENTS CONFIDENTIELS OU AUTRES DE LA PERTE D EXPLOITATION DE BLESSURES CORPORELLES DE LA VIOLATION DE LA VIE PRIV
11. REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE THE ENTIRE LIABILITY OF MICROSOFT AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY HEREUNDER 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 ACTUAL DAMAGES YOU INCUR IN REASONABLE RELIANCE ON THE SOFTWARE UP TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR U S 5 00 THE FOREGOING LIMITATIONS EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE 22 U S GOVERNMENT LICENSE RIGHTS All Software 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 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 23 APPLICABLE LAW If you acquired this Software in the United States this 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 governed by the laws in force in the Province of Ontario Canada and in respect of any
12. SDN 2 6 Benchmark Testing You may not disclose the results of any benchmark test of Server Software as defined below in Section 4 1 or the NET Framework component of the Software to any third party without Microsoft s prior written approval The foregoing does not however apply to the Server Software for Windows Server or Exchange Server 2 7 Mandatory Activation To reduce software piracy Microsoft requires certain Components to be activated Microsoft will not collect any personally identifiable information from your computer during the activation process without your consent The product keys you receive from MSDN for those Components requiring activation allow for up to ten activations per Component Activation of your copies of the Component in the manner described during its setup sequence is required otherwise for each copy of a Component with required activation the license rights granted under this EULA are limited as follows a for Windows Server 2003 and Windows XP to the first 60 days after you first install the Server Software b for Microsoft Office Microsoft Project 2002 and Visio 2002 to the first 50 launches of the Desktop Applications Software and c for other Components that may require activation please refer to information as specifically indicated in the Component s setup sequence You may activate the Components requiring activation through the use of the Internet or telephone toll charges may apply Yo
13. Server Desktop Engine MSDE are not however subject to certain redistribution requirements as specifically noted in Section 3 3 1 In addition the Server Redistributables included with Microsoft Systems Management Server are subject to additional limitations as noted in Section 4 3 5 below 4 3 Additional Rights and Limitations for Specific Server Software Certain subscriptions to MSDN may contain Server Software that is subject to the following additional rights or limitations 4 3 1 All Server Software a For purposes of this Agreement testing does not include staging in a production environment such as loading content on a Server prior to production use b The use of the Server Software is limited to design development testing and demonstration use only as described in this Section 4 and the deployment of Licensee Server Software in a production or live environment may require additional licensing for use of and or access to other Microsoft or third party software products Continued 4 3 2 Windows NT Server Windows 2000 Server and Windows Server 2003 The foregoing list of Server Software may be used by no more than four 4 processors of the Server at any one time You may permit up to 200 anonymous concurrent connections to access your software applications using the Terminal Services component of Windows 2000 Server so long as a such use is limited to the demonstration of Licensee Software over the Intern
14. as you rename any files created by you that are included in your Licensee Software as defined below in Section 3 2 1 a For purposes of this Section modifications shall mean enhancements to the functionality of the VC Redistributables For all other applicable redistribution requirements for VC Redistributables see Section 3 2 3 2 Distribution Requirements and License Limitations General Requirements If you choose to exercise your rights under Section 3 1 any redistribution by you is subject to your compliance with this Section 3 2 some of the Redistributable Code has additional limited use rights described in Section 3 3 3 2 1 If you choose to redistribute Sample Code Redistributable Code VC Redistributables or Server Redistributables defined in Section 4 2 3 collectively the Redistributables you agree a Except as otherwise noted in Section 3 1 1 Sample Code to distribute the Redistributables in object code form and only in conjunction with and as a part of a software application product developed by you that adds significant and primary functionality to the Redistributables Licensee Software b That the Redistributables only operate in conjunction with Microsoft Windows platforms NOTE This subsection does not apply to Server Redistributables or Microsoft Office Developer MOD c If the Licensee Software is distributed outside of your organization or is in any way provided to any thir
15. ation lists onto your computer on behalf of Secure Content Owners Secure Content Owners may also require you to upgrade some of the WM DRM components in the Software WM DRM Upgrades before accessing their content When you attempt to play such content WM DRM Software built by Microsoft will notify you that a WM DRM Upgrade is required and then ask for your consent before the WM DRM Upgrade is downloaded WM DRM Software built by third parties may do the same If you decline the upgrade you will not be able to access content that requires the WM DRM Upgrade however you will still be able to access unprotected content and Secure Content that does not require the upgrade WM DRM features that access the Internet such as acquiring new licenses and or performing a required WM DRM Upgrade can be switched off When these features are switched off you will still be able to play Secure Content if you have a valid license for such content already stored on your computer PRODUCT SUPPORT SERVICES 8 1 Rights and Obligations Microsoft may provide you with product support services related to the Software Use of any such support services is governed by the Microsoft policies and programs described in the user manual in online documentation on Microsoft s support Web page or in other Microsoft provided materials Any software Microsoft may provide you as part of support services are governed by this EULA unless separate terms are provided This
16. cription Program Overview The Software governed by this EULA is licensed to you as a subscriber of the Microsoft Developer Network Subscription Program MSDN If you have not acquired a license to subscribe to MSDN you are not authorized to use the Software Microsoft may offer a variety of subscription levels to MSDN the subscription level you have elected to receive determines the Software that Microsoft provides to you under the terms of this EULA Certain terms and conditions of this EULA may or may not apply to you as determined by the Software included with the subscription level you have acquired You may also acquire multiple licenses for a single subscription such licenses are subject to all terms and conditions of this EULA and are valid only for use with the Software included in the subscription level you have purchased 1 3 Description of Materials Provided Under MSDN Depending on the subscription level you have purchased MSDN may consist of a product documentation sample applications books and periodicals tools and utilities and miscellaneous technical information collectively referred to as Documentation b server operating systems and server applications collectively referred to as Server Software c client operating systems Desktop Operating Systems d desktop applications Desktop Applications and e software development toolkits or SDKs software resource kits and development t
17. d party to distribute the Licensee Software containing the Redistributables pursuant to an end user license agreement which may be break the seal click wrap or signed with terms no less protective than those contained in this EULA NOTE This subsection does not apply to Server Redistributables or MOD d Not to use Microsoft s name logo or trademarks to market the Licensee Software e To display your own valid copyright notice on the Licensee Software which shall be sufficient to protect Microsoft s copyright in the Software f Not to remove or obscure any copyright trademark or patent notices that appear on the Software as delivered to you g To indemnify hold harmless and defend Microsoft from and against any claims or lawsuits including attorney s fees that arise or result from the use or distribution of the Licensee Software h To otherwise comply with these terms and conditions Continued 3 2 2 i That Microsoft reserves all rights not expressly granted and j Not to permit further distribution of the Redistributables by your end users except you may permit further redistribution of the Redistributables by your distributors to your end user customers if your distributors only distribute the Redistributables in conjunction with and as part of the Licensee Software you comply with all other terms of this EULA and your distributors comply with all other restrictions of this EULA that apply to
18. dispute which may arise hereunder you consent to the jurisdiction of the federal 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 24 ENTIRE AGREEMENT SEVERABILITY This EULA including any addendum or amendment to this EULA which is included with the Software are the entire agreement between you and Microsoft relating to the Software 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 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 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 Si vous avez acquis votre produit Microsoft au CANADA la garantie limit e suivante s applique DENI DE GARANTIES DANS LA MESURE MAXIMALE PERMISE PAR LES LOIS APPLICABLES LE LOGICIEL ET LES SERVICES DE SOUTIEN TECHNIQUE LE CAS ECHEANT SONT FOURNIS TELS QUELS ET AVEC TOUS LES DEFAUTS PAR MICROSOFT ET SES FOURNISSEURS LESQUELS PAR LES PRESENTES DENIENT TOUTES AUTRES GARANTIES ET CONDITIONS EXPRESSES IM
19. e 4 SERVER SOFTWARE 4 1 General The Software may include certain Microsoft server products Any Server Software defined below provided to you as part of MSDN is provided for your use solely in conjunction with the design development testing and demonstration of software products created by you that run in conjunction with the Server Software The Server Software may not be used in a live production environment Your use of the Server Software is subject to this EULA the terms of which supersede those of any end user license agreements contained in any Server Software The Server Software consists of software programs that provide services or functionality on a computer capable of running the server software Server Software the computer running the Server Software shall be referred to as the Server and may also include software programs that allow an electronic device a Device to access or utilize the services or functionality provided by the Server Software Device Software 4 2 Installation and Grants of License 4 2 1 Server Software For purposes of designing developing testing and demonstrating your software product s that run in conjunction with the Server Software any such software product Licensee Server Software Microsoft grants you a limited nonexclusive royalty free license to make use and install the Server Software for any individual Server Software on any number of Servers A
20. e transfer the end user receiving the Software must agree to all the EULA terms CANCELLATION OR NON RENEWAL OF SUBSCRIPTION TERMINATION Cancellation or non renewal of MSDN In the event of cancellation or non renewal of MSDN you retain all rights to use the Software in your possession at the time of such cancellation of non renewal provided that you remain in compliance with the terms of this EULA 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 and all of its component parts 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 CONDITIONS WHETHER 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 SOFTWARE AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES INFORMATION SOFTWARE AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE ALSO THERE IS NO WARRA
21. en you are using Remote Assistance or NetMeeting or other software which provides similar functionality for a similar purpose you may share your session with other users without acquiring additional licenses for the Software For Microsoft and non Microsoft applications you should consult the license agreement accompanying the applicable product or contact the applicable licensor to determine whether use of the product with Remote Desktop Remote Assistance or NetMeeting is permitted without an additional license As used above a session means the experience delivered by the Software similar to when a user is using the input output and display peripherals attached to a workstation computer Continued 5 2 Windows Media Format Software Development Kit WMFSDK The right to use the WMFSDK components that may be contained in the Software to develop a software application that uses Windows Media technology is available separately 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 5 3 Internet Gaming Update Features If you choose to utilize the Internet gaming or update features within the Software it is necessary to use certain computer system hardware and software information to implement the features By using these features you explicitly aut
22. et for evaluation purposes and b it does not utilize production data Windows Server 2003 4 3 3 a Other Licenses Your use of software applications installed on the Server accessed through the Server or providing application sharing functionality may require additional licenses Please consult the license agreement accompanying such software Component Data Storage The Server Software contains components that use the MSDE data storage technology All copies and instances of MSDE contained in or installed by the Server Software components may be used only by those Server Software components Any such copy or instance of MSDE contained in the Server Software may not be accessed or used for any other purpose i e the Server Software version of MSDE may not be used for development purposes In addition any MSDE network library files that are disabled at the time you first install the Server Software may not be re enabled Automatic Internet Based Services The Server Software features described below are enabled by default to connect via the Internet to Microsoft computer systems automatically without separate notice to you You consent to the operation of these features unless you choose to switch them off or not use them Microsoft does not obtain personally identifiable information through any of these features For more information about these features please see your Server Software documentation or the Microsoft online
23. h a Microsoft Server 2000 Windows CE Edition based Licensee Software is deployed must be appropriately licensed to access and utilize the services of Microsoft SQL Server Visual Studio NET a Web Stress Functionality ACT Tool If included with the edition of the Software you have acquired then as provided in the corresponding Software documentation you have the ability to use the component of the Software identified as the Licensee Software Center Test ACT Tool to perform stress tests against Web sites in its default mode which is to honor any robots txt files it may encounter or to set the ACT Tool to not honor any robots txt files it may encounter when performing its stress tests The use of the ACT Tool by you in the non default mode is entirely your responsibility and at your sole risk Before you use the ACT Tool with any third party property you should consult with such third party or the agreement governing the use of such property to determine whether or not such use is permitted b Crystal Reports for Microsoft Visual Studio NET Microsoft is not licensing to you any rights with respect to Crystal Reports for Microsoft Visual Studio NET your use of Crystal Reports for Microsoft Visual Studio NET is subject to your acceptance of the terms and conditions of the end user license agreement from Crystal Decisions for that product a copy of the Crystal Decisions end user license agreement can be found in the Softwar
24. horize 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 software 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 5 4 Internet Based Services Components The Software 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 Software and or its components that you are utilizing and may provide upgrades or fixes to the Software that will be automatically downloaded to your computer DESKTOP APPLICATIONS 6 1 General For each MSDN license acquired that includes Desktop Applications you may make and use one additional copy of any of the Desktop Applications provided with your subscription level for business purposes provided that such business purposes relate specifically to your design development testing and demonstration of your software product s Desktop Application shall include Microsoft Project Microsoft Office Microsoft Visio Microsoft FrontPage and any other products that Microsoft may provide through MSDN from time to time 6 2 Microsoft Office In addition to but solely with respect to the Microsoft Office Component for each MSDN license acquired that includes Deskto
25. icrosoft MSN MSNBC or Expedia or their products or services b infringe any intellectual property or other rights of these parties c violate any applicable law or d promote racism hatred or pornography You shall not convert the news headlines in the MSNBC component into an audio format for redistribution to audio users You agree to immediately remove the FrontPage Web components from Your Web Site if you do not abide by any of these restrictions after notice T 10 41 12 WINDOWS MEDIA DIGITAL RIGHTS MANAGEMENT Content providers are using the digital rights management technology for Windows Media contained in the Software WM DRM to protect the integrity of their content Secure Content so that their intellectual property including copyright in such content is not misappropriated Portions of the Software and third party applications such as media players use WM DRM to play Secure Content WM DRM Software If the WM DRM Software s security has been compromised owners of Secure Content Secure Content Owners may request that Microsoft revoke the WM DRM Software s right to copy display and or play Secure Content Revocation does not alter the WM DRM Software s ability to play unprotected content A list of revoked WM DRM Software is sent to your computer whenever you download a license for Secure Content from the Internet Microsoft may in conjunction with such license also download revoc
26. ll portions of any one copy of Server Software however must be installed and used on one and the same Server Any number of end users i e in addition to licensed MSDN end users may access and use the Server Software via Devices without the necessity of acquiring additional licenses for the Software provided that such access is solely for purposes of end user testing of Licensee Server Software created using MSDN By way of example and not limitation the foregoing access rights do not extend to routine internal quality assurance testing by employees or contractors whose primary function is the testing of software 4 2 2 Device Software Except as otherwise provided if Device Software is included with the Server Software Microsoft grants a limited nonexclusive royalty free license to make use and install the Device Software on any number of Devices for use by others provided that such use is solely in conjunction with the design development testing and demonstration of Licensee Server Software 4 2 3 Software Development Kits or Developer Editions for Server Software Certain Server Software may also include listings in a REDIST TXT file For purposes of this Section the files identified in any such Server Software are referred to as Server Redistributables and are subject to the same license grant provided above for Redistributable Code see Section 3 1 Server Redistributables with the exception of the Microsoft SQL
27. nd b unless Licensee Software requires your customers to license Microsoft Access in order to operate you shall not reproduce or use MSDE for commercial distribution in conjunction with a general purpose word processing spreadsheet or database management software product or an integrated work or product suite whose components include a general purpose word processing spreadsheet or database management software product except for the exclusive use of importing data to the various formats supported by Microsoft Access A product that includes limited word processing spreadsheet or database components along with other components which provide significant and primary value such as an accounting product with limited spreadsheet capability is not considered to be a general purpose product Microsoft Data Access Components If you redistribute the Microsoft Data Access Component file identified as MDAC_TYP EXE you also agree to redistribute such file in object code only in conjunction with and as a part of an Licensee Software developed by you with a Microsoft development tool product that adds significant and primary functionality to MDAC_TYP EXE SQL Server 2000 Windows CE Edition If you redistribute Microsoft SQL Server 2000 Windows CE Edition then within your Licensee Software the SQL Server 2000 Windows CE Edition Redistributables must operate in conjunction with Microsoft SQL Server 2000 Windows CE Edition Note Any Device on whic
28. ools collectively referred to in this EULA as Developer Tools Any of the software programs provided under MSDN may also be referred to as a Component for example Windows XP Professional Microsoft SQL Server and the Platforms Software Development Kit are provided to you with MSDN as Components of MSDN 1 4 Navigating This EULA Most provisions of this EULA apply to your general use of any Software provided to you under MSDN In addition however certain license rights or limitations are identified as applicable only to a one of the specific groups of software programs identified above in Section 1 3 and or b a specific Component 2 GENERAL GRANTS OF LICENSE AND LICENSE LIMITATIONS Microsoft grants you the rights described in this EULA provided that you comply with all terms and conditions of this EULA Continued Microsoft 2 1 General Grant of License Microsoft grants to you as an individual a personal nonexclusive license to use the Software and to make and use copies of the Software for the purposes of designing developing testing and demonstrating your software product s provided that you are the only individual using the Software If you are an entity Microsoft grants to you a personal nonexclusive license to use the Software and to make and use copies of the Software provided that for each individual using the Software within your organization you have acquired a separate and valid license f
29. or each such individual 2 2 Documentation You may make and use an unlimited number of copies of any Documentation provided that such copies shall be used only for personal purposes and are not to be republished or distributed either in hard copy or electronic form beyond your premises 2 3 Component End User License Agreements Components that you receive as part of MSDN may include a separate end user license agreement each a Component EULA In the event of inconsistencies between the rights described in this EULA and any Component EULA that is not resolved expressly in this EULA e g use of Desktop Applications Server Software Developer Tools Prerelease Code the terms of this EULA shall control A Component EULA may have additional rights that are not specified in this EULA and to the extent that such rights are not inconsistent with the terms of this EULA the Component EULA shall control solely with respect to that Component 2 4 Third Party Components The Software may also contain third party software programs Any such software is provided for your use as a convenience and your use is subject to the terms and conditions of any license agreement contained in that software 2 5 Separation of Components The Software is licensed as a single product Except as otherwise expressly provided in this EULA its component parts may not be separated for use by more than one user unless such other user is also a licensed end user of M
30. p Applications you may make use and install one additional copy of Microsoft Office on a single computer for general business purposes provided that he or she is the only individual using such copy of Microsoft Office 6 3 FrontPage Office XP Edition The Microsoft Office XP edition of FrontPage components include the MSNBC news headline component the MSN MoneyCentral Stock Quote component and the MSN Search component 6 3 1 Installation and Use You may install and use any number of copies of the FrontPage Web components on server computers to provide services as part of your Web site on the Internet that you design with FrontPage and that is not a mobile wireless or interactive television site Your Web Site 6 3 2 Restrictions You may not edit or modify the FrontPage Web components in any manner whatsoever You may not display any of the trademarks that appear in the FrontPage Web components in any manner that implies sponsorship endorsement or license of Your Web Site by the owners of such trademarks If the FrontPage Web components contain any active links to other sites you agree to maintain such active links and not redirect or modify them You may not market distribute sublicense lease or rent the FrontPage Web components on a stand alone basis You may not use the FrontPage Web components in connection with any site that is likely to a mislead viewers as to the relationship between the site or the site s owner and M
31. support site i Windows Update Features Under the Server Software s default configuration if you connect a device to your Server and the correct device driver is not available on your Server then Windows Update features on your Server including Device Manager and the Plug amp Play CDM Module automatically attempt to check Microsoft computer systems via the Internet for the correct device driver Having this happen automatically makes Plug and Play installation of new hardware a better experience for customers You may switch off Windows Update s automatic driver checking feature ii Web Content Features Under the Server Software s default configuration if you are connected to the Internet several features of the Server Software are enabled by default to retrieve content from Microsoft computer systems and display it to you When you activate such a feature it uses standard Internet protocols which transmit the type of operating system browser and language code of your Server to the Microsoft computer system so that the content can be viewed properly from your Server These features only operate when you activate them and you may choose to switch them off or not use them Examples of these features include Windows Catalog Search Assistant and the Headlines and Search features of Help and Support Center Digital Certificates Use of certificates based on the X 509 standard is an important security feature of the Server Software
32. the Sample Code only on Devices within your organization for a purpose other than creation of Setup Programs provided that you i reproduce and use the SMS Redistributables only in conjunction with or as part of a Setup Program ii have a valid Client Access License for any version of Microsoft Systems Management Server for each Device that uses the SMS Redistributables and iii indemnify hold harmless and defend Microsoft and its suppliers from and against any claims or lawsuits including attorney s fees that arise or result from the use of your Setup Program or any software installed by your Setup Program You do not have any other right to install or use SMS Installer 5 DESKTOP OPERATING SYSTEMS 5 1 Remote Desktop Remote Assistance NetMeeting Certain Desktop Operating Systems software contains Remote Desktop Remote Assistance and NetMeeting technologies that enable the Software or applications installed on a computer sometimes referred to as a host device to be accessed remotely from other devices Provided that your use is within the scope of the license granted in Section 2 a you may use the Software s Remote Desktop feature or other software which provides similar functionality for a similar purpose to permit any device to use access display or run the Software without acquiring a license for the Software on that device provided only one user uses accesses displays or runs the Software at any one time and b wh
33. to you in this EULA The Software 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 Software The Software is licensed not sold LIMITATIONS ON REVERSE ENGINEERING DECOMPILATION AND DISASSEMBLY You may not reverse engineer decompile or disassemble the Software except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation NO RENTAL COMMERCIAL HOSTING You may not rent lease lend or provide commercial hosting services with the Software Continued 13 14 15 16 17 18 19 20 LINKS TO THIRD PARTY SITES You may link to third party sites through the use of the Software 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 ADDITIONAL SOFTWARE SERVICES This EULA applies to updates supplements add on components or Internet based services components of the Software
34. u may also need to reactivate the Component if you modify your computer hardware or alter the Component If you choose Internet activation the Component will contact Microsoft computer systems over the Internet to conduct an authentication process to confirm that you have a licensed copy of the Component You agree to allow the Component to conduct this authentication process If you have an unlicensed copy of the Component you are not allowed to install the Component or future Component updates Additional information about activation is available online at the Microsoft support site 3 DEVELOPER TOOLS 3 1 Redistributable Code License Grants In addition to the rights granted in Section 2 certain portions of the Software as described in this Section if included with the MSDN Subscription level you have acquired are provided to you with additional license rights These additional license rights are conditioned upon your compliance with the distribution requirements and license limitations described in Section 3 2 Distribution Requirements and License Limitations 3 1 1 Sample Code Microsoft grants you a limited nonexclusive royalty free license to a use and modify the source code version of those portions of the Software identified as Samples in REDIST TXT or elsewhere in the Software Sample Code for the sole purposes of designing developing and testing your software product s and b reproduce and distribute the
35. v Notice Regarding MPEG 4 Visual Decoders for Windows Media Player USE OF THIS PRODUCT IN ANY MANNER THAT COMPLIES WITH THE MPEG 4 VISUAL STANDARD IS PROHIBITED EXCEPT FOR USE DIRECTLY RELATED TO A DATA OR INFORMATION 1 GENERATED BY AND OBTAINED WITHOUT CHARGE FROM A CONSUMER NOT THEREBY ENGAGED IN A BUSINESS ENTERPRISE AND 2 FOR PERSONAL USE ONLY AND B OTHER USES SPECIFICALLY AND SEPARATELY LICENSED BY MPEG LA L L C MPEG LA L L C has contractually obligated Microsoft to provide this notice 4 3 4 Application Center 2000 For purposes of this product testing shall be deemed to include a testing of your software products to ensure they are deployable with Application Center 2000 and b the right to build integration points such as monitors and determine any effects of use 4 3 5 Systems Management Server Version 2 0 SMS a You may install and use the Installer component of the Device Software SMS Installer only on Devices used within your organization and only for the purpose of creating installation programs through the use of SMS Installer Setup Programs You may also use and modify the source code designated as Sample Code in the SAMPLES TXT file for the sole purposes of designing developing and testing your Setup Programs b You may also install and use in object code form the SMS Redistributables as listed in the SMS REDIST TXT file along with any modifications you may make to
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