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230 lines
11 KiB
230 lines
11 KiB
This is a legal agreement ("Agreement") between you (either
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an individual or an entity), the end user ("Recipient"), and
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Microsoft Corporation ("Microsoft"). BY
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INSTALLING, COPYING OR OTHERWISE USING THE
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PRODUCT (AS DEFINED BELOW), YOU AGREE TO BE
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BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU
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DO NOT AGREE TO THE TERMS OF THIS AGREEMENT,
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DO NOT INSTALL, COPY OR USE THE PRODUCT.
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MICROSOFT LICENSE AGREEMENT for Microsoft Windows 2000
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Server Pre-Release Code
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1. GRANT OF LICENSE.
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(a) Solely for internal testing, Microsoft grants Recipient
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a limited, non-exclusive, non-assignable, nontransferable,
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royalty-free license to: (i) install and use two (2) copies
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of the server software component of the software
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accompanying this agreement (the "Product") on computer's
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residing on Recipient's premises (a computer running the
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server software component of the Product shall be referred
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to as the "Server"), and (ii) install and use an unlimited
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number of copies of the client software components of the
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Product (including any profiles created using the Product),
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on client computers residing on Recipient's premises and
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connected to a Server. All other rights are reserved to
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Microsoft. Recipient shall not rent, lease, sell,
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sublicense, assign, or otherwise transfer the Product or any
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accompanying printed materials ("Documentation"). Recipient
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may not reverse engineer or decompile the Product, except to
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the extent that the foregoing restriction is expressly
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prohibited by local law. Recipient may not use the Product
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in a live operating environment where it may be relied upon
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to perform in the same manner as a commercially released
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product or with data that has not been sufficiently backed
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up. Recipient may not use the Product for benchmark or
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performance testing. Microsoft and its suppliers shall
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retain title and all ownership rights to the Product, and
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this Agreement shall not be construed in any manner as
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transferring any rights of ownership or license to the
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Product or to the features or information therein, except as
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specifically stated herein.
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(b) At Microsoft's request, Recipient agrees to provide
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reasonable feedback to Microsoft, including but not limited
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to usability, bug reports and test results, with respect to
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the Product testing. In addition, if requested by Microsoft,
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Recipient will use reasonable efforts to review and comment
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on all documentation supplied. All bug reports, test results
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and other feedback made by Recipient shall be the property
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of Microsoft and may be used by Microsoft for any purpose it
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sees fit. Due to the nature of the development work,
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Microsoft is not certain if errors or discrepancies in the
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Product may be corrected.
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(c) Recipient's use of the Product shall take place solely
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at Recipient's site. Recipient may not demonstrate or show
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the Product to third parties without the express written
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permission of Microsoft.
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(d) The Product may contain Windows NetMeeting,
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technology that enables applications to be shared between
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two or more computers, even if an application is installed
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on only one of the computers. Recipient may use this
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technology (as permitted in Section 1(a) above), with all
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Microsoft application products for multi-party conferences.
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For non-Microsoft applications, Recipient should consult the
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accompanying license agreement or contact the licensor to
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determine whether application sharing is permitted by the
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licensor.
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Note Regarding Windows 95 and Windows 98 Client Software.
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The Product may include Windows 95 and Windows 98 client
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software. This Agreement does not give you any rights to
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install or use copies of the Windows 95 or Windows 98
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operating systems. You must purchase a separate license to
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acquire such rights.
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2. TERM OF AGREEMENT. The term of this Agreement shall
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commence upon Recipient's copying, installing or using the
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Product and shall continue unless terminated by Microsoft in
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writing at any time, with or without cause. This Agreement
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will terminate without notice upon the commercial release of
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the Product. Upon the termination of this Agreement,
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Recipient shall cease use of the Product and, shall, upon
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request, promptly return to Microsoft, or certify
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destruction of, all full or partial copies of the Product
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and related materials provided by Microsoft.
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3. SUPPORT. Microsoft is not obligated to provide technical
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or other support for the Product. However, limited technical
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support ("Support Services"), if noted in the materials
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provided to Recipient by Microsoft, may be available. Use of
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any such Support Services is governed by the Microsoft
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policies and programs described in "online" documentation,
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and/or in other Microsoft-provided materials. Any
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supplemental software code provided to Recipient as part of
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the Support Services shall be considered part of the Product
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and subject to the terms and conditions of this Agreement.
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With respect to technical information Recipient provides to
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Microsoft as part of the Support Services, Microsoft may use
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such information for its business purposes, including for
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product support and development. Microsoft will not utilize
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such technical information in a form that personally
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identifies Recipient. Such limited Support Services may not
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be available in all countries outside the United States and
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will be discontinued once the Product is commercially
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released.
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4. MAINTENANCE. Microsoft is not obligated to provide
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maintenance, technical support, or updates to Recipient for
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Product licensed under this Agreement. In no event shall
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Microsoft be obligated to provide Recipient, free of charge,
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a copy of the commercial release version of the Product in
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connection with Recipient's participation in the testing
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program. Microsoft is not obligated to make the Product
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commercially available.
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5. DISCLAIMER OF WARRANTIES. To the maximum extent
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permitted by applicable law, Microsoft and its suppliers
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provide the Product and any (if any) Support Services AS
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IS AND WITH ALL FAULTS, and hereby disclaim all warranties
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and conditions, either express, implied or statutory,
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including, but notlimited to, any (if any) implied warranties
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or conditions of merchantability, of fitness for a particular
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purpose, of lack of viruses, of accuracy or completeness of
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responses, of results, and of lack of negligence or lack of
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workmanlike effort, all with regard to the Product, and the
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provision of or failure to provide Support Services. ALSO,
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THERE IS NO WARRANTY OR CONDITION OF TITLE,
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QUIET ENJOYMENT, QUIET POSSESSION,
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CORRESPONDENCE TO DESCRIPTION OR
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NON-INFRINGEMENT, WITH REGARD TO THE PRODUCT.
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THE ENTIRE RISK AS TO THE QUALITY OF OR
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ARISING OUT OF USE OR PERFORMANCE OF THE
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PRODUCT AND SUPPORT SERVICES, IF ANY, REMAINS
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WITH YOU.
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6. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND
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CERTAIN OTHER DAMAGES. To the maximum extent permitted
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by applicable law, in no event shall Microsoft or its
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suppliers be liable for any special, incidental, indirect,
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or consequential damages whatsoever (including, but not
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limited to, damages for loss of profits or confidential
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or other information, for business interruption, for
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personal injury, for loss of privacy, for failure to
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meet any duty including of good faith or of reasonable
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care, for negligence, and for any other pecuniary or
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other loss whatsoever) arising out of or in any way
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related to the use of or inability to use the Product,
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the provision of or failure to provide Support Services,
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or otherwise under or in connection with any provision
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of Agreement, even in the event of the fault, tort
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(including negligence), strict liability, breach of contract
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or breach of warranty of Microsoft or any supplier, and even
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if Microsoft or any supplier has been advised of the
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possibility of such damages.
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7. LIMITATION OF LIABILITY AND REMEDIES.
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Notwithstanding any damages that you might incur for
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any reason whatsoever (including, without limitation,
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all damages referenced above and all direct or general
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damages), the entire liability of Microsoft and any of
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its suppliers under any provision of this Agreement and
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your exclusive remedy for all of the foregoing shall
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be limited to the greater of the amount actually paid
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by you for the Product or U.S.$5.00. The foregoing
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limitations, exclusions and disclaimers shall apply
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to the maximum extent permitted by applicable law,
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even if any remedy fails its essential purpose.
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8. GOVERNING LAW; ATTORNEYS' FEES. This
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Agreement shall be construed and controlled by the
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laws of the State of Washington and Recipient consents
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to the jurisdiction and venue in the federal courts
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sitting in King County, Washington, unless no federal
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subject matter jurisdiction exists, in which case
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Recipient consents to the jurisdiction and venue in the
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Superior Court of King County, Washington. Recipient
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waives all defenses of lack of personal jurisdiction
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and forum nonconveniens. Process may be served on either
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party in the manner authorized by applicable law or court
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rule. If either Microsoft or Recipient employs attorneys
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to enforce any rights arising out of or relating to this
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Agreement, the prevailing party shall be entitled to
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recover reasonable attorneys' fees.
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9. U.S. GOVERNMENT RESTRICTED RIGHTS.
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The Product and Documentation provided to the U.S.
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Government pursuant to solicitations issued on or after
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December 1, 1995 is provided with the commercial rights
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and restrictions described elsewhere herein. Product and
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Documentation provided to the U.S. Government pursuant
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to solicitations issued prior to December 1, 1995 is
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provided with RESTRICTED RIGHTS as provided for in FAR,
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48 CFR 52.227-14 (JUNE 1987) or FAR, 48 CFR 252.227-7013
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(OCT 1988), as applicable.
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10. EXPORT RESTRICTIONS. Recipient agrees that Recipient
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will not export or re-export the Product or Documentation to
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any country, person or entity subject to U.S. export
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restrictions. Recipient specifically agrees not to export or
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re-export the Product or Documentation (i) to any country to
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which the U. S. has embargoes or restricted the export of
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goods or services which currently include but are not
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necessarily limited to Cuba, Iran, Iraq, Libya, North Korea,
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Sudan and Syria, or to any national of any such country,
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wherever located, who intends to transmit or transport the
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Product or Documentation back to such country; (ii) to any
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person or entity who Recipient knows or has reason to know
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will utilize the Product or Documentation in the design,
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development or production of nuclear, chemical or biological
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weapons; or (iii) to any person or entity who has been
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prohibited from participating in U.S. export transactions by
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any federal agency of the U.S. government.
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Should you have any questions concerning this Agreement, or
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if you desire to contact Microsoft for any reason, please
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write: Microsoft Corporation, WWPG Beta Team, One Microsoft
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Way, Redmond, WA 98052-6399.
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