MASTER END-USER LICENSE AGREEMENT
MSDN, THE MICROSOFT DEVELOPER NETWORK
SUBSCRIPTION
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, and
"online" or electronic documentation ("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. In addition, by installing, copying, or
otherwise using subscription updates that you receive as
part of the Product ("UPDATES"), you agree to be bound
by the additional license terms that accompany such
UPDATES. If you do not agree to the additional license
terms that accompany such UPDATES, you may not install,
copy, or use such UPDATES.
The Product is licensed through MSDN, the Microsoft
Developer Network Subscription Program ("MSDN
Subscription Program"). |
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| 1. |
Applicability Of License. Depending on the
subscription level you have chosen, the Product may
consist of product documentation, sample applications,
books and periodicals, tools and utilities,
miscellaneous technical information, operating systems,
development toolkits, server applications, and
development tools (each, a "COMPONENT," and collectively
"COMPONENTS," of the Product); the Product may include
groups of COMPONENTS identified as any one or more of
the following: Library, Platforms, Server
Products, Applications, and Developer Tools. This EULA
defines your rights to the COMPONENTS you have elected
to receive as part of your subscription to the MSDN
Subscription Program. |
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| 2. |
General Grant of License. In general, for each
license you have acquired for the Product, one
individual is authorized to use the Product according to
the terms of this EULA. Unless expressly stated
otherwise, the Product may not be separated for use by
more than the one individual authorized to use the
Product. A single subscription through the MSDN
Subscription Program may have multiple licenses to use
the Product associated with that subscription;
nonetheless, each license must be dedicated to use of
the Product by one individual.
Specifically: |
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a. If you are an individual, Microsoft grants to
you as an individual a personal, nonexclusive license to
make and use copies of the Product in accordance with
the terms of this EULA, provided that you are the only
individual using the Product. |
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b. If you are an entity, Microsoft grants to you the
right to designate one individual within your
organization to have the sole right to make and use
copies of the Product in accordance with the terms of
this EULA. |
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c. If you are an entity and have acquired this EULA
as part of a Microsoft Open License Pack, Microsoft
grants to you the right to designate one individual per
license (i.e., on a one-for-one basis) within your
organization to have the sole right under each such
license to make and use copies of the Product in
accordance with the terms of this
EULA. |
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3. |
Effect of Licenses contained in COMPONENTS.
COMPONENTS that you receive as part of the Product may
have their own licenses (each, a "Component Agreement").
In the event of inconsistencies between this EULA and
any Component Agreement, the terms of the Component
Agreement shall control except in the following
instances: |
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a. For all of the Product, Section 4 of
this EULA shall control; and |
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b. For all COMPONENTS included in Server Products,
Windows NT Server, Windows 2000 Server (including
Windows 2000 Server, Application Center, BizTalk Server,
Commerce Server, Host Integration Server, Internet
Security and Acceleration Server, SQL Server, Exchange
Server), and Platforms, all provisions of this EULA
shall control. |
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| 4. |
Additional Rights And
Limitations—General. |
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4.1 |
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.
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4.2 |
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. |
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4.3 |
Consent To Use Of Data. You agree that
Microsoft and its affiliates may collect and use
technical information you provide as a part of support
services related to the Product. Microsoft agrees not to
use this information in a form that personally
identifies you. |
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4.4 |
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. |
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4.5 |
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. |
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4.6 |
Export Restrictions. You acknowledge
that the Product is of U.S. origin. 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/.
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4.7 |
Software Transfer. You may permanently
transfer all of your rights under this EULA, provided
you retain no copies, you transfer all of the Product
(including all COMPONENTS, UPDATES, the media and
printed materials, any upgrades, and this EULA), you
provide Microsoft notice of your name, company, and
address and the name, company, and address of the person
to whom you are transferring the rights granted herein,
and the recipient agrees to the terms of this EULA. If
the Product is an upgrade, any transfer must include all
prior versions of the Product. If the Product is
received as part of a subscription, any transfer must
include all prior deliverables of Product and all other
subscription deliverables. |
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4.8 |
Separation of COMPONENTS. The Product is
licensed as a single product. Its COMPONENT parts may
not be separated for use by more than one user (or for
use on more than one computer for Server
Software). |
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4.9 |
Production Use. The Product may only be used
for development purposes as described in this EULA and
may not be used in a production environment,
unless such use is allowed under the terms of the
Component Agreement delivered with the respective
COMPONENT and is not superseded by Section 3 of
this EULA. |
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4.10 |
Prerelease Code. Portions of the Product may
be identified as prerelease code ("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. |
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4.11 |
Update License Terms. All UPDATES shall be
considered part of the Product and subject to the terms
and conditions of this EULA. Additional license terms
may accompany UPDATES (as defined in the first paragraph
of this EULA). By installing, copying, or otherwise
using any UPDATE, you agree to be bound by the terms
accompanying each such UPDATE. If you do not agree to
the additional license terms accompanying such UPDATES,
do not install, copy, or otherwise use such
UPDATES. |
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5. |
Licenses Applicable to Library, Platforms,
Applications (consisting of Office Developer, Project)
and Developer Tools (consisting of Visual Studio
Enterprise Edition, and Microsoft Team Manager)
collectively the "Desktop Test Platforms". |
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5.1 |
General. Microsoft grants you, a personal,
nonexclusive license to make and use up to 10 copies of
each of the software programs contained in the
COMPONENTS included in the MSDN Subscription Program
described in the heading to this subsection
(collectively, the "Desktop Test Platforms") for the
sole purposes of designing, developing, testing and
demonstrating your software product(s). In addition,
solely with respect to the Microsoft Office COMPONENT,
Microsoft further grants you, as an individual, a
personal, nonexclusive license to make, use, and install
one additional copy of Microsoft Office on a single
computer for general business purposes provided that you
are the only individual using such copy of Microsoft
Office. |
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Exceptions to subsection 5.1: (i) the
foregoing license grant does not apply to the copy of
Windows NT Server or Windows 2000 Server product
provided with Platforms as use of Windows NT Server and
Windows 2000 Server products is governed by the terms of
Sections 6 and 7.10 below; and
(ii) certain COMPONENTS of Platforms may include
software programs that limit the number of copies that
can be made for use by you to less than the 10 copies
authorized above. |
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| 5.2 |
MSDN Library—Additional Rights and
Restrictions. |
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a. Documentation. For the Library,
Microsoft grants you a worldwide, nonexclusive,
nontransferable, royalty-free right to make, use, and
install an unlimited number of copies of the Library
solely for internal use by an unlimited number of end
users so long as: (i) such end users are persons
who are generally granted access to your internal
network; (ii) such copies shall be used only for
internal purposes and are not to be republished or
distributed (either in hard copy or electronic form)
beyond your premises; and: (iii) you may use
documentation identified in the Library as the file
format specification for Microsoft Word, Microsoft
Excel, Microsoft Access, and/or Microsoft PowerPoint
("File Format Documentation") solely in connection with
your development of software product(s) that operate in
conjunction with Windows, Windows NT, or Windows
2000 that are not general-purpose word-processing,
spreadsheet, database management, or presentation
graphics software products or an integrated work or
product suite whose components include one or more
general-purpose word-processing, spreadsheet, or
database management software products. Note: A product
that includes limited word-processing, spreadsheet,
database, or presentation graphics components along with
other components that provide significant and primary
value, such as an accounting product with limited
spreadsheet capability, is not considered to be a
"general-purpose" product. For licensing terms relating
to use of the File Format Documentation for purposes
other than the use described above, please contact
Microsoft Corporation.
b. Sample Code included in Library
(collectively, "Library Sample Code"). Provided that
you comply with the terms of Section 8, Microsoft
grants you the following nonexclusive, royalty-free
rights: (a) to use and modify the source code version
of, and reproduce and distribute the object code version
of, those portions of the Library Sample Code identified
as sample code within the documentation and/or in the
"sample code" directory (exclusive of .dll files); and
(b) to reproduce and distribute the object code
version of the .dll files included as part of the
Library Sample Code, solely in conjunction with a
software product developed by you that adds primary and
significant functionality to the Library Sample
Code. |
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6. |
Microsoft Windows NT Workstation and Windows 2000
Professional. In addition to the restrictions
described in the Component Agreement that accompanies
Windows NT Workstation and the Component Agreement that
accompanies Windows 2000 Professional, the following
restrictions also apply with respect to NT Workstation
and Windows 2000 Professional: Each copy of this
COMPONENT may be used by no more than two (2) processors
of each computer on which such copy is installed. You
may use the Product as interactive workstation software
on each computer on which the Product is installed (a
"Workstation Computer"), but not as server
software. |
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7. |
Licenses Applicable to Server Products.
In general, the COMPONENTS of Server Products may only
be used by you for purposes of designing, developing,
testing and demonstrating your software products; such
COMPONENTS may not be used for production use or
deployed for any other purposes. Specifically, Microsoft
grants you the following rights to the COMPONENTS
included in the Server Products portion of the MSDN
Subscription Program: |
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7.1 |
General Use and Installation. Server
Products may contain the following software:> |
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•"Server Software" provides services or
functionality on your server (your computers capable of
running the Server Software are "Servers");
•"Client Software" allows an electronic device
("Device") to access or utilize the Server Software.
Server Software. You may make, use, and
install the Server Software on a single Server solely in
accordance with Section 2, and the
components of the Server Software may only be installed
and used on one and the same Server. The media on which
the Server Software resides may contain several versions
of the Server Software and the Connector Software
(applicable to Microsoft Exchange Server only), each of
which is compatible with a different microprocessor
architecture (such as the x86 architecture or various
RISC architectures). These multiple-architecture
versions may be installed and used on different Servers
solely for use by a licensed end user in accordance with
Section 2. The Server Software may not be
used as the software on the server that supports your
development of software product(s) (e.g., as a
repository for source code.) Client Software. You
may make, use, and install the Client Software on up to
10 Devices solely for purposes of designing, developing,
testing and demonstrating software products created by
you to operate with the Server Software. |
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7.2 |
Other Rights and Limitations on Use of
Server Products—General. |
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Performance or Benchmark Testing. You may not
disclose the results of any benchmark test of either the
Server Software or Client Software for Microsoft SQL
Server, Microsoft Exchange Server, Commerce Server, Host
Integration Server, Internet Security and Acceleration
Server, BizTalk Server, Application Center, Microsoft
Transaction Server, Microsoft Message Queue Server,
Microsoft Internet Information Server, or Microsoft
Proxy Server to any third party without Microsoft’s
prior written approval. |
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7.3 |
Microsoft Windows for Workgroups or Windows 95
Software. The CD-ROM on which Windows NT Server
resides may contain a copy of Windows for Workgroups or
Windows 95 software. Note that in order to install or
use this software, you must acquire a separate license
for Windows for Workgroups or Windows 95. |
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| 7.4 |
Microsoft SNA Server. (FOR BACKOFFICE SERVER
VERSION 4.5 ONLY) |
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a. The 3270 and 5250 terminal emulation applets and
the ODBC/DRDA driver provided with SNA Server are
licensed for use only by one user per licensed copy of
SNA Server. The applets may only be used to access or
otherwise utilize the services of Microsoft SNA Server.
b. With respect to the SNA Server Development
Software, Microsoft grants you the following
nonexclusive, royalty-free right to install and use
copies of the OLE DB Data Provider for AS/400 and VSAM,
OLE DB Provider for DB2, ODBC Driver for DB2, and/or the
COM Transaction Integrator for CICS and IMS and/or the
Software Development Kit, if included, solely for the
purpose of designing, developing, testing and
demonstrating your applications that work in conjunction
with Microsoft SNA Server ("SNA Server Application[s]").
Portions of the SNA Server component of BackOffice
Server Version 4.5 are also designated as
"Redistributable Code." The text file named REDIS.TXT in
the SNA Server portion of BackOffice Server Version 4.5
contains a list of such files, as well as the
distribution rights associated with the SNA Server
Redistributable Code.
c. You may use and modify the source code designated
as "Sample Code" in the SAMPLES.TXT file for the sole
purposes of designing, developing, testing and
demonstrating your SNA Server Application(s). You may
also reproduce and distribute the Sample Code, along
with any modifications you make thereto, provided that
you comply with the Distribution Terms described in the
SNA Server REDIST.TXT file. For purposes of this
section, "modifications" shall mean enhancements to the
functionality of the Sample Code. |
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| 7.5 |
Microsoft Exchange Server (FOR BACKOFFICE SERVER
VERSION 4.5 ONLY). |
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a. Microsoft Exchange Server also includes the Source
Extractor, Administrator, and Microsoft Mail Connector
software. The Source Extractor, Administrator, and
Microsoft Mail Connector programs contain components
that may be installed on additional computers (i.e.,
other than the Server on which the Server Software
resides). Microsoft grants to you the additional right
to modify the source code version of the Source
Extractor programs. The Source Extractor may only be
used to migrate data to Microsoft Exchange Server.
b. Sample Applications. Provided that you comply with
the terms of Section 8, Microsoft grants you the
nonexclusive, royalty-free right to use and modify the
source code version of the Sample Applications and to
reproduce and distribute the object code versions of
such modifications in conjunction with your application
that utilizes the services of Microsoft Exchange
Server.
c. Outlook Web Access Software ("OWA Software").
Microsoft grants you the nonexclusive, royalty-free
right to use, customize, reproduce, and distribute the
OWA Software, provided that (a) you comply with the
terms of Section 8; and (b) you include an
end-user license agreement with the OWA Software that
grants a limited license to use the OWA Software and
otherwise protects Microsoft’s and its suppliers’
intellectual property rights in the OWA Software.>
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| 7.6 |
Microsoft SQL Server. |
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Microsoft grants you the nonexclusive, royalty-free
right to use, reproduce and distribute the Microsoft SQL
Server Desktop Engine ("MSDE") and the files listed in
the REDIST.TXT file (collectively, the "Redistributable
Code"), provided that you comply with the Distribution
Terms listed in the REDIST.TXT file. If you choose
to redistribute MSDE, you also agree: (i) that
your application shall not substantially duplicate the
capabilities of Microsoft Access or, in the reasonable
opinion of Microsoft, complete with same; and (ii) that
unless your application 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. Note: A
product that includes limited word processing,
spreadsheet or database management 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. |
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7.7 |
Site Server Software Development Kits ("Site
Server SDK Software") (FOR BACKOFFICE SERVER VERSION 4.5
ONLY). |
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Microsoft grants you the nonexclusive, royalty-free
right to install and use copies of the Site Server SDK
Software component of the BackOffice Server Version 4.5
solely for the purpose of designing, developing, testing
and demonstrating your applications that work in
conjunction with Microsoft Site Server. You may modify
the Site Server Sample Code to design, develop, test and
demonstrate your applications. For the purposes of this
Section 7.7, "Site Server Sample Code" shall mean
the sample source, HTML, and Active Server Pages (ASP)
code located in Site Server "SDK" and "samples"
directories. Portions of Site Server are designated as
"Redistributable Code." The text files named REDIST.TXT
and LICENSE.TXT located in the Site Server portion of
the BackOffice Server Test Platform, describe the
distribution rights associated with each file of the
Site Server Redistributable Code. |
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| 7.8 |
Systems Management Server. |
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a. You may install and use the Installer component of
the Client Software ("SMS Installer") only on Devices
used by a licensed end user of the Product 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, testing and
demonstrating your Setup Programs.
b. You may also install and use in object code form
the Redistributable Code (as defined below), along with
any modifications you may make to 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 Redistributable Code 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 Redistributable Code; 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.
c. You may reproduce and distribute the files listed
in the REDIST.TXT file (collectively referred to as
"Redistributable Code"), along with any modifications
you may make to the Sample Code, provided that you
comply with the Distribution Terms listed in such
REDIST.TXT file. Note that the Distribution Terms
include, among other conditions, terms similar to those
described in subsections 7.8(b)(i)–(iii)
above. |
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| 7.9 |
Microsoft BackOffice Server. |
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a. Use of Administrator Tools. You may install and
use the administrator tools on any Device within your
organization.
b. Redistributable Code. You may modify, reproduce,
and/or distribute the files listed in the REDIST.TXT
file (collectively referred to as "Redistributable
Code") provided that you comply with the Modification
and Distribution Terms listed in such REDIST.TXT file.
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7.10 |
Windows NT Server and Windows 2000 Server Product
Line. The Server Software may be used by no
more than four (4) processors of the Server at any one
time. |
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7.11 |
Commerce Server/Host Integration Server (HIS) and
Internet Security and Acceleration Server
(ISA). |
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You may redistribute and distribute the Sample Code,
along with any modifications you make thereto (for
purposes of this section, "modifications" shall mean
enhancements to the functionality of the Sample Code),
and any other files that may be listed and identified in
a REDIST.TXT file as "redistributable" (collectively,
the "Redistributable Code") provided that you agree: (1)
to distribute the Redistributable Code in object code
form and only in conjunction with your application,
which application adds significant and primary
functionality to the Redistributable Code; (2) not to
use Microsoft’s name, logo, or trademarks to market the
application; (3) to include a valid copyright notice in
your name on the application; (4) to indemnify,
hold harmless, and defend Microsoft from and against any
claims or lawsuits, including, attorneys fees, that
arise or result from the use or distribution of the
application; (5) to otherwise comply with the terms of
this EULA; (6) that Microsoft reserves all rights not
expressly granted. |
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| 7.12 |
Terminal Services Internet Connector. |
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Microsoft grants you, solely for the purpose of
demonstrating your software applications over the
Internet and provided that such demonstration of your
software is for evaluation purposes only and does not
utilize production data, the right to use the Terminal
Services Internet Connector License in conjunction with
Windows 2000 Server Software. A maximum of 200
anonymous concurrent connections may access your
software applications via the Terminal Services
component of Windows 2000 Server Software. |
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8. |
Distribution Requirements. If you choose to
redistribute the Library Sample Code, Microsoft Exchange
Sample Applications, or OWA Software (for purposes of
this Section 8, collectively the "Redistributable
Code") with a software product developed by you as
described in this EULA (an "Application"), you must (a)
not permit further redistribution of the Library Sample
Code by your end-user customers; (b) not use Microsoft’s
name, logo, or trademarks to market your Application;
(c) include a valid copyright notice on your
Application; (d) agree 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 your Application;
(e) include "Copyright <year> Microsoft Systems
Journal" in all Microsoft Systems Journal (MSJ) code
used within your program(s); (f) otherwise comply with
the terms of this EULA; and (g) agree that Microsoft
reserves all rights not expressly granted.
Notwithstanding subsection 8(a), above, you may
permit further redistribution of the Redistributable
Code by your distributors to your end-user customers if
your distributors only distribute the Redistributable
Code in conjunction with, and as part of, your software
product and you and your distributors comply with all
other terms of this EULA. |
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9. |
DISCLAIMER OF WARRANTIES. The Limited Warranty
referenced below 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 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 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 services. ALSO, THERE IS NO
WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET
POSSESSION, CORRESPONDENCE TO DESCRIPTION OR
NON-INFRINGEMENT WITH REGARD TO THE PRODUCT. |
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10. |
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 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. |
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11. |
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 9 and 10 above and as stated in the Limited
Warranty) shall apply to the maximum extent permitted by
applicable law, even if any remedy fails its essential
purpose. |
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12. |
NOTE ON JAVA SUPPORT. THE
PRODUCT MAY CONTAIN SUPPORT FOR PROGRAMS WRITTEN IN
JAVA. JAVA TECHNOLOGY IS NOT FAULT TOLERANT AND IS NOT
DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR RESALE AS
ONLINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS
REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE
OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR
COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE
SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE
FAILURE OF JAVA TECHNOLOGY COULD LEAD DIRECTLY TO DEATH,
PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL
DAMAGE. Sun Microsystems, Inc. has contractually
obligated Microsoft to make this disclaimer. |
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13. |
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. |
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14. |
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. |
MISCELLANEOUS:
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, this EULA
is governed by the laws of the Province of Ontario,
Canada. Each of the parties hereto irrevocably attorns
to jurisdiction of the courts of the Province of
Ontario, and further agrees to commence any litigation
which may arise hereunder in the courts located in the
Judicial District of York, Province of Ontario.
If this product was acquired outside of the United
States, local lay 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.
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