Leaked source code of windows server 2003
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  1. This is a legal agreement ("Agreement") between you (either
  2. an individual or an entity), the end user ("Recipient"), and
  3. Microsoft Corporation ("Microsoft"). BY
  4. INSTALLING, COPYING OR OTHERWISE USING THE
  5. PRODUCT (AS DEFINED BELOW), YOU AGREE TO BE
  6. BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU
  7. DO NOT AGREE TO THE TERMS OF THIS AGREEMENT,
  8. DO NOT INSTALL, COPY OR USE THE PRODUCT.
  9. MICROSOFT LICENSE AGREEMENT for Microsoft Windows 2000
  10. Server Pre-Release Code
  11. 1. GRANT OF LICENSE.
  12. (a) Solely for internal testing, Microsoft grants Recipient
  13. a limited, non-exclusive, non-assignable, nontransferable,
  14. royalty-free license to: (i) install and use two (2) copies
  15. of the server software component of the software
  16. accompanying this agreement (the "Product") on computer's
  17. residing on Recipient's premises (a computer running the
  18. server software component of the Product shall be referred
  19. to as the "Server"), and (ii) install and use an unlimited
  20. number of copies of the client software components of the
  21. Product (including any profiles created using the Product),
  22. on client computers residing on Recipient's premises and
  23. connected to a Server. All other rights are reserved to
  24. Microsoft. Recipient shall not rent, lease, sell,
  25. sublicense, assign, or otherwise transfer the Product or any
  26. accompanying printed materials ("Documentation"). Recipient
  27. may not reverse engineer or decompile the Product, except to
  28. the extent that the foregoing restriction is expressly
  29. prohibited by local law. Recipient may not use the Product
  30. in a live operating environment where it may be relied upon
  31. to perform in the same manner as a commercially released
  32. product or with data that has not been sufficiently backed
  33. up. Recipient may not use the Product for benchmark or
  34. performance testing. Microsoft and its suppliers shall
  35. retain title and all ownership rights to the Product, and
  36. this Agreement shall not be construed in any manner as
  37. transferring any rights of ownership or license to the
  38. Product or to the features or information therein, except as
  39. specifically stated herein.
  40. (b) At Microsoft's request, Recipient agrees to provide
  41. reasonable feedback to Microsoft, including but not limited
  42. to usability, bug reports and test results, with respect to
  43. the Product testing. In addition, if requested by Microsoft,
  44. Recipient will use reasonable efforts to review and comment
  45. on all documentation supplied. All bug reports, test results
  46. and other feedback made by Recipient shall be the property
  47. of Microsoft and may be used by Microsoft for any purpose it
  48. sees fit. Due to the nature of the development work,
  49. Microsoft is not certain if errors or discrepancies in the
  50. Product may be corrected.
  51. (c) Recipient's use of the Product shall take place solely
  52. at Recipient's site. Recipient may not demonstrate or show
  53. the Product to third parties without the express written
  54. permission of Microsoft.
  55. (d) The Product may contain Windows NetMeeting,
  56. technology that enables applications to be shared between
  57. two or more computers, even if an application is installed
  58. on only one of the computers. Recipient may use this
  59. technology (as permitted in Section 1(a) above), with all
  60. Microsoft application products for multi-party conferences.
  61. For non-Microsoft applications, Recipient should consult the
  62. accompanying license agreement or contact the licensor to
  63. determine whether application sharing is permitted by the
  64. licensor.
  65. Note Regarding Windows 95 and Windows 98 Client Software.
  66. The Product may include Windows 95 and Windows 98 client
  67. software. This Agreement does not give you any rights to
  68. install or use copies of the Windows 95 or Windows 98
  69. operating systems. You must purchase a separate license to
  70. acquire such rights.
  71. 2. TERM OF AGREEMENT. The term of this Agreement shall
  72. commence upon Recipient's copying, installing or using the
  73. Product and shall continue unless terminated by Microsoft in
  74. writing at any time, with or without cause. This Agreement
  75. will terminate without notice upon the commercial release of
  76. the Product. Upon the termination of this Agreement,
  77. Recipient shall cease use of the Product and, shall, upon
  78. request, promptly return to Microsoft, or certify
  79. destruction of, all full or partial copies of the Product
  80. and related materials provided by Microsoft.
  81. 3. SUPPORT. Microsoft is not obligated to provide technical
  82. or other support for the Product. However, limited technical
  83. support ("Support Services"), if noted in the materials
  84. provided to Recipient by Microsoft, may be available. Use of
  85. any such Support Services is governed by the Microsoft
  86. policies and programs described in "online" documentation,
  87. and/or in other Microsoft-provided materials. Any
  88. supplemental software code provided to Recipient as part of
  89. the Support Services shall be considered part of the Product
  90. and subject to the terms and conditions of this Agreement.
  91. With respect to technical information Recipient provides to
  92. Microsoft as part of the Support Services, Microsoft may use
  93. such information for its business purposes, including for
  94. product support and development. Microsoft will not utilize
  95. such technical information in a form that personally
  96. identifies Recipient. Such limited Support Services may not
  97. be available in all countries outside the United States and
  98. will be discontinued once the Product is commercially
  99. released.
  100. 4. MAINTENANCE. Microsoft is not obligated to provide
  101. maintenance, technical support, or updates to Recipient for
  102. Product licensed under this Agreement. In no event shall
  103. Microsoft be obligated to provide Recipient, free of charge,
  104. a copy of the commercial release version of the Product in
  105. connection with Recipient's participation in the testing
  106. program. Microsoft is not obligated to make the Product
  107. commercially available.
  108. 5. DISCLAIMER OF WARRANTIES. To the maximum extent
  109. permitted by applicable law, Microsoft and its suppliers
  110. provide the Product and any (if any) Support Services AS
  111. IS AND WITH ALL FAULTS, and hereby disclaim all warranties
  112. and conditions, either express, implied or statutory,
  113. including, but notlimited to, any (if any) implied warranties
  114. or conditions of merchantability, of fitness for a particular
  115. purpose, of lack of viruses, of accuracy or completeness of
  116. responses, of results, and of lack of negligence or lack of
  117. workmanlike effort, all with regard to the Product, and the
  118. provision of or failure to provide Support Services. ALSO,
  119. THERE IS NO WARRANTY OR CONDITION OF TITLE,
  120. QUIET ENJOYMENT, QUIET POSSESSION,
  121. CORRESPONDENCE TO DESCRIPTION OR
  122. NON-INFRINGEMENT, WITH REGARD TO THE PRODUCT.
  123. THE ENTIRE RISK AS TO THE QUALITY OF OR
  124. ARISING OUT OF USE OR PERFORMANCE OF THE
  125. PRODUCT AND SUPPORT SERVICES, IF ANY, REMAINS
  126. WITH YOU.
  127. 6. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND
  128. CERTAIN OTHER DAMAGES. To the maximum extent permitted
  129. by applicable law, in no event shall Microsoft or its
  130. suppliers be liable for any special, incidental, indirect,
  131. or consequential damages whatsoever (including, but not
  132. limited to, damages for loss of profits or confidential
  133. or other information, for business interruption, for
  134. personal injury, for loss of privacy, for failure to
  135. meet any duty including of good faith or of reasonable
  136. care, for negligence, and for any other pecuniary or
  137. other loss whatsoever) arising out of or in any way
  138. related to the use of or inability to use the Product,
  139. the provision of or failure to provide Support Services,
  140. or otherwise under or in connection with any provision
  141. of Agreement, even in the event of the fault, tort
  142. (including negligence), strict liability, breach of contract
  143. or breach of warranty of Microsoft or any supplier, and even
  144. if Microsoft or any supplier has been advised of the
  145. possibility of such damages.
  146. 7. LIMITATION OF LIABILITY AND REMEDIES.
  147. Notwithstanding any damages that you might incur for
  148. any reason whatsoever (including, without limitation,
  149. all damages referenced above and all direct or general
  150. damages), the entire liability of Microsoft and any of
  151. its suppliers under any provision of this Agreement and
  152. your exclusive remedy for all of the foregoing shall
  153. be limited to the greater of the amount actually paid
  154. by you for the Product or U.S.$5.00. The foregoing
  155. limitations, exclusions and disclaimers shall apply
  156. to the maximum extent permitted by applicable law,
  157. even if any remedy fails its essential purpose.
  158. 8. GOVERNING LAW; ATTORNEYS' FEES. This
  159. Agreement shall be construed and controlled by the
  160. laws of the State of Washington and Recipient consents
  161. to the jurisdiction and venue in the federal courts
  162. sitting in King County, Washington, unless no federal
  163. subject matter jurisdiction exists, in which case
  164. Recipient consents to the jurisdiction and venue in the
  165. Superior Court of King County, Washington. Recipient
  166. waives all defenses of lack of personal jurisdiction
  167. and forum nonconveniens. Process may be served on either
  168. party in the manner authorized by applicable law or court
  169. rule. If either Microsoft or Recipient employs attorneys
  170. to enforce any rights arising out of or relating to this
  171. Agreement, the prevailing party shall be entitled to
  172. recover reasonable attorneys' fees.
  173. 9. U.S. GOVERNMENT RESTRICTED RIGHTS.
  174. The Product and Documentation provided to the U.S.
  175. Government pursuant to solicitations issued on or after
  176. December 1, 1995 is provided with the commercial rights
  177. and restrictions described elsewhere herein. Product and
  178. Documentation provided to the U.S. Government pursuant
  179. to solicitations issued prior to December 1, 1995 is
  180. provided with RESTRICTED RIGHTS as provided for in FAR,
  181. 48 CFR 52.227-14 (JUNE 1987) or FAR, 48 CFR 252.227-7013
  182. (OCT 1988), as applicable.
  183. 10. EXPORT RESTRICTIONS. Recipient agrees that Recipient
  184. will not export or re-export the Product or Documentation to
  185. any country, person or entity subject to U.S. export
  186. restrictions. Recipient specifically agrees not to export or
  187. re-export the Product or Documentation (i) to any country to
  188. which the U. S. has embargoes or restricted the export of
  189. goods or services which currently include but are not
  190. necessarily limited to Cuba, Iran, Iraq, Libya, North Korea,
  191. Sudan and Syria, or to any national of any such country,
  192. wherever located, who intends to transmit or transport the
  193. Product or Documentation back to such country; (ii) to any
  194. person or entity who Recipient knows or has reason to know
  195. will utilize the Product or Documentation in the design,
  196. development or production of nuclear, chemical or biological
  197. weapons; or (iii) to any person or entity who has been
  198. prohibited from participating in U.S. export transactions by
  199. any federal agency of the U.S. government.
  200. Should you have any questions concerning this Agreement, or
  201. if you desire to contact Microsoft for any reason, please
  202. write: Microsoft Corporation, WWPG Beta Team, One Microsoft
  203. Way, Redmond, WA 98052-6399.