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258 lines
12 KiB
258 lines
12 KiB
180 DAY LICENSE
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This is a legal agreement ("Agreement") between you (either an
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individual or an entity), the end user ("Recipient"), and
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Microsoft Corporation ("Microsoft"). BY INSTALLING, COPYING OR
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OTHERWISE USING THE PRODUCT (AS DEFINED
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BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF
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THIS AGREEMENT. IF YOU DO NOT AGREE TO THE
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TERMS OF THIS AGREEMENT, DO NOT INSTALL, COPY
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OR USE THE PRODUCT.
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MICROSOFT LICENSE AND NON-DISCLOSURE
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AGREEMENT FOR PRE-RELEASE CODE
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for the Microsoft Product code-named "Whistler"
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1. GRANT OF LICENSE FOR DUAL DISTRIBUTION.
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(a) Microsoft may provide the software accompanying this
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Agreement (the "Product") as a web-based download or on a
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CD-ROM. Solely for internal testing, Microsoft grants
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Recipient a limited, non-exclusive, non-assignable,
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nontransferable, royalty-free license to: (i) install and
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use two (2) copies of the server software component of the
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Product on computers residing on Recipient's premises (a
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computer running the server software component of the
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Product shall be referred to as the "Server"), and (ii)
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install and use an unlimited number of copies of the client
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software components of the Product (including any profiles
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created using the Product), on client computers residing on
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Recipient's premises and connected to a Server. The
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foregoing server software component limit is aggregate and
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applies regardless of how many copies of the Product
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Recipient obtains from Microsoft. If Recipient is
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downloading the Product from a Microsoft web site,
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Recipient may make one (1) additional copy of the Product
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onto a CD-ROM to exercise the rights granted above. All
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other rights are reserved to Microsoft. Recipient shall
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not rent, lease, sell, sublicense, assign, or otherwise
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transfer the Product or any accompanying printed materials
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("Documentation"). Recipient may not reverse engineer or
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decompile the Product, except to the extent that local law
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expressly prohibits the foregoing restriction. Recipient
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may not use the Product in a live operating environment
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where it may be relied upon to perform in the same manner
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as a commercially released product or with data that has
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not been sufficiently backed up. Recipient may not use the
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Product for benchmark or performance testing. Microsoft
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and its suppliers shall retain title and all ownership
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rights to the Product, and this Agreement shall not be
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construed in any manner as transferring any rights of
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ownership or license to the Product or to the features or
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information therein, except as specifically stated herein.
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(b) YOUR RIGHT TO USE THE PRODUCT SHALL BE
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EFFECTIVE FROM THE DATE YOU FIRST
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INSTALL ANY PORTION OF THE PRODUCT ON
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ANY DEVICE FOR A PERIOD OF ONE HUNDRED
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EIGHTY (180) DAYS. THE PRODUCT IS TIME
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SENSITIVE AND WILL NOT FUNCTION UPON
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EXPIRATION OF THE 180 DAY PERIOD.
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NOTICE OF EXPIRATION WILL NOT ACTIVELY
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BE GIVEN, SO YOU NEED TO PLAN FOR THE
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EXPIRATION DATE AND MAKE A COPY OF AND
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REMOVE YOUR IMPORTANT DATA BEFORE
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EXPIRATION. If you desire to use the Product after your
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evaluation is completed, you will need to acquire a validly
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licensed copy of the non-evaluation version of the Product.
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(c) 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
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Microsoft, Recipient will use reasonable efforts to review
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and comment on all documentation supplied. All bug
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reports, test results and other feedback made by Recipient
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shall be the property of Microsoft and may be used by
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Microsoft for any purpose it sees fit. Due to the nature
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of the development work, Microsoft is not certain if errors
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or discrepancies in the Product may be corrected.
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(d) Recipient's use of the Product shall take place solely at
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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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(e) Recipient's use of software applications installed on or
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accessed through the Product's IntelliMirror, Terminal
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Services, or application-sharing functionality may require
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additional licenses - please consult the license agreement
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accompanying such software.
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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
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using the Product and shall continue unless
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terminated by Microsoft in writing at any time, with
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or without cause. This Agreement will terminate
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without notice upon the commercial release of the
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Product. Upon the termination of this Agreement,
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Recipient shall cease use of the Product and, shall,
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upon request, promptly return to Microsoft, or
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certify destruction of, all full or partial copies of
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the Product and related materials provided by
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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
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technical support ("Support Services"), if noted in
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the materials provided to Recipient by Microsoft, may
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be available. Use of any such Support Services is
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governed by the Microsoft policies and programs
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described in "online" documentation, and/or in other
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Microsoft-provided materials. Any supplemental
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software code provided to Recipient as part of the
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Support Services shall be considered part of the
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Product and subject to the terms and conditions of
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this Agreement. With respect to technical
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information Recipient provides to Microsoft as part
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of the Support Services, Microsoft may use such
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information for its business purposes, including for
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product support and development. Microsoft will not
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utilize such technical information in a form that
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personally identifies Recipient. Such limited
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Support Services may not be available in all
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countries outside the United States and will be
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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
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Recipient for Product licensed under this Agreement.
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In no event shall Microsoft be obligated to provide
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Recipient, free of charge, a copy of the commercial
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release version of the Product in connection with
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Recipient's participation in the testing program.
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Microsoft is not obligated to make the Product
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commercially available.
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5. DISCLAIMER OF WARRANTIES. To the
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maximum extent permitted by applicable law, Microsoft
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and its suppliers provide to Recipient the Product
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and Support Services AS IS
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AND WITH ALL FAULTS; and
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Microsoft and its suppliers hereby disclaim with
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respect to the Product and Support Services all
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warranties and conditions, whether express, implied
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or statutory, including, but not limited to, any (if
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any) warranties, duties or conditions of or related
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to: merchantability, fitness for a particular
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purpose, lack of viruses, accuracy or completeness of
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responses, results, workmanlike effort and lack of
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negligence. ALSO THERE IS NO
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WARRANTY, DUTY OR CONDITION OF
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TITLE, QUIET ENJOYMENT, QUIET
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POSSESSION, CORRESPONDENCE TO
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DESCRIPTION OR NON-INFRINGEMENT.
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THE ENTIRE RISK ARISING OUT OF
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USE OR PERFORMANCE OF THE PRODUCT
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AND ANY SUPPORT SERVICES REMAINS
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WITH RECIPIENT.
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6. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL
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AND CERTAIN OTHER DAMAGES. TO
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THE MAXIMUM EXTENT PERMITTED BY
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APPLICABLE LAW, IN NO EVENT SHALL
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MICROSOFT OR ITS SUPPLIERS BE
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LIABLE FOR ANY SPECIAL,
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INCIDENTAL, INDIRECT, PUNITIVE OR
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CONSEQUENTIAL DAMAGES WHATSOEVER
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(INCLUDING, BUT NOT LIMITED TO,
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DAMAGES FOR: LOSS OF PROFITS,
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LOSS OF CONFIDENTIAL OR OTHER
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INFORMATION, BUSINESS
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INTERRUPTION, PERSONAL INJURY,
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LOSS OF PRIVACY, FAILURE TO MEET
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ANY DUTY (INCLUDING OF GOOD FAITH
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OR OF REASONABLE CARE),
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NEGLIGENCE, AND ANY OTHER
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PECUNIARY OR OTHER LOSS
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WHATSOEVER) ARISING OUT OF OR IN
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ANY WAY RELATED TO THE USE OF OR
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INABILITY TO USE THE PRODUCT OR
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THE SUPPORT SERVICES, OR THE
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PROVISION OF OR FAILURE TO
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PROVIDE SUPPORT SERVICES, OR
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OTHERWISE UNDER OR IN CONNECTION
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WITH ANY PROVISION OF THIS
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AGREEMENT, EVEN IF MICROSOFT OR
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ANY SUPPLIER HAS BEEN ADVISED OF
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THE POSSIBILITY OF SUCH DAMAGES.
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7. LIMITATION OF LIABILITY AND REMEDIES.
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Notwithstanding any damages that Recipient might
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incur for any reason whatsoever (including, without
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limitation, all damages referenced above and all
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direct or general damages), the entire liability of
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Microsoft and any of its suppliers under any
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provision of this Agreement and your exclusive remedy
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for all of the foregoing shall be limited to actual
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damages incurred by Recipient based on reasonable
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reliance up to the greater of the amount actually
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paid by Recipient for the Product or U.S.$5.00. The
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foregoing limitations, exclusions and disclaimers
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shall apply to the maximum extent permitted by
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applicable law, even if any remedy fails its
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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
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consents to the jurisdiction and venue in the federal
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courts sitting in King County, Washington, unless no
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federal subject matter jurisdiction exists, in which
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case Recipient consents to the jurisdiction and venue
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in the Superior Court of King County, Washington.
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Recipient waives all defenses of lack of personal
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jurisdiction and forum non conveniens. Process may
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be served on either party in the manner authorized by
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applicable law or court rule. If either Microsoft or
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Recipient employs attorneys to enforce any rights
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arising out of or relating to this Agreement, the
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prevailing party shall be entitled to recover
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reasonable attorneys' fees.
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9. U.S. GOVERNMENT RESTRICTED RIGHTS. The
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Product and Documentation provided to the U.S.
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Government pursuant to solicitations issued on or
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after December 1, 1995 is provided with the
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commercial rights and restrictions described
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elsewhere herein. Product and Documentation provided
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to the U.S. Government pursuant to solicitations
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issued prior to December 1, 1995 is provided with
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RESTRICTED RIGHTS as provided for
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in FAR, 48 CFR 52.227-14 (JUNE 1987) or FAR, 48 CFR
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252.227-7013 (OCT 1988), as applicable.
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10. EXPORT RESTRICTIONS. Recipient
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acknowledges that the Product is of U.S. origin.
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Recipient agrees to comply with all applicable
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international and national laws that apply to these
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products, including the U.S. Export Administration
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Regulations, as well as end-user, end-use and
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country destination restrictions issued by U.S. and
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other governments. For additional information on
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exporting Microsoft products, see
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http://www.microsoft.com/exporting/.
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Should you have any questions concerning this Agreement, or if
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you desire to contact Microsoft for any reason, please write:
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Microsoft Corporation, WWPG Beta Team, One Microsoft Way,
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Redmond, WA 98052-6399.
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