Source code of Windows XP (NT5)
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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. Professional Pre-Release Code
  11. 1. GRANT OF LICENSE.
  12. (a) Microsoft grants Recipient a limited, non-exclusive,
  13. nontransferable, non-assignable, royalty-free license to
  14. install and use copies of the software accompanying this
  15. agreement (the "Product") on a maximum of five (5)
  16. computer's residing on Recipient's premises, solely for
  17. Recipient's internal testing. All other rights are reserved
  18. to Microsoft. Recipient shall not rent, lease, sell,
  19. sublicense, assign, or otherwise transfer the Product or any
  20. accompanying printed materials ("Documentation"). Recipient
  21. may not reverse engineer or decompile the Product, except to
  22. the extent that local law expressly prohibits the foregoing
  23. restriction. Recipient may not use the Product in a live
  24. operating environment where it may be relied upon to perform
  25. in the same manner as a commercially released product or
  26. with data that has not been sufficiently backed up.
  27. Recipient may not use the Product for benchmark or
  28. performance testing. Microsoft and its suppliers shall
  29. retain title and all ownership rights to the Product, and
  30. this Agreement shall not be construed in any manner as
  31. transferring any rights of ownership or license to the
  32. Product or to the features or information therein, except as
  33. specifically stated herein.
  34. (b) At Microsoft's request, Recipient agrees to provide
  35. reasonable feedback to Microsoft, including but not limited
  36. to usability, bug reports and test results, with respect to
  37. the testing of the Product. In addition, if requested by
  38. Microsoft, Recipient will use reasonable efforts to review
  39. and comment on all documentation supplied. All bug reports,
  40. test results and other feedback made by Recipient shall be
  41. the property of Microsoft and may be used by Microsoft for
  42. any purpose it sees fit. Due to the nature of the
  43. development work, Microsoft is not certain if errors or
  44. discrepancies in the Product may be corrected.
  45. (c) Recipient's use of the Product shall take place
  46. solely at Recipient's site. Recipient may not demonstrate or
  47. show the Product to third parties without the express written
  48. permission of Microsoft.
  49. (d) The Product may contain Windows NetMeeting,
  50. technology that enables applications to be shared between two
  51. or more computers, even if an application is installed on only
  52. one of the computers. Recipient may use this technology (as
  53. permitted in Section 1(a) above), with all Microsoft
  54. application products for multi-party conferences. For
  55. non-Microsoft applications, Recipient should consult the
  56. accompanying license agreement or contact the licensor to
  57. determine whether application sharing is permitted by the
  58. licensor.
  59. 2. TERM OF AGREEMENT. The term of this Agreement shall
  60. commence upon Recipient's copying, installing or using the
  61. Product and shall continue unless terminated by Microsoft in
  62. writing at any time, with or without cause. This Agreement
  63. will terminate without notice upon the commercial release of
  64. the Product. Upon the termination of this Agreement,
  65. Recipient shall cease use of the Product and, upon request,
  66. shall promptly return to Microsoft, or certify destruction
  67. of, all full or partial copies of the Product and related
  68. materials provided by Microsoft.
  69. 3. SUPPORT. Microsoft is not obligated to provide technical
  70. or other support for the Product. However, limited technical
  71. support ("Support Services"), if noted in the materials
  72. provided to Recipient by Microsoft, may be available. Use of
  73. any such Support Services is governed by the Microsoft
  74. policies and programs described in "online" documentation,
  75. and/or in other Microsoft-provided materials. Any
  76. supplemental software code provided to Recipient as part of
  77. the Support Services shall be considered part of the Product
  78. and subject to the terms and conditions of this Agreement.
  79. With respect to technical information Recipient provides to
  80. Microsoft as part of the Support Services, Microsoft may use
  81. such information for its business purposes, including for
  82. product support and development. Microsoft will not utilize
  83. such technical information in a form that personally
  84. identifies Recipient. Such limited Support Services may not
  85. be available in all countries outside the United States and
  86. will be discontinued once the Product is commercially
  87. released.
  88. 4. MAINTENANCE. Microsoft is not obligated to provide
  89. maintenance, technical support, or updates to Recipient for
  90. Product licensed under this Agreement. In no event shall
  91. Microsoft be obligated to provide Recipient, free of charge,
  92. a copy of the commercial release version of the Product in
  93. connection with Recipient's participation in the testing
  94. program. Microsoft is not obligated to make the Product
  95. commercially available.
  96. 5. DISCLAIMER OF WARRANTIES. To the maximum extent
  97. permitted by applicable law, Microsoft and its suppliers
  98. provide the Product and any (if any) Support Services AS
  99. IS AND WITH ALL FAULTS, and hereby disclaim all warranties
  100. and conditions, either express, implied or statutory,
  101. including, but not limited to, any (if any) implied warranties
  102. or conditions of merchantability, of fitness for a particular
  103. purpose, of lack of viruses, of accuracy or completeness of
  104. responses, of results, and of lack of negligence or lack of
  105. workmanlike effort, all with regard to the Product, and the
  106. provision of or failure to provide Support Services. ALSO,
  107. THERE IS NO WARRANTY OR CONDITION OF TITLE,
  108. QUIET ENJOYMENT, QUIET POSSESSION,
  109. CORRESPONDENCE TO DESCRIPTION OR
  110. NON-INFRINGEMENT, WITH REGARD TO THE PRODUCT.
  111. THE ENTIRE RISK AS TO THE QUALITY OF OR
  112. ARISING OUT OF USE OR PERFORMANCE OF THE
  113. PRODUCT AND SUPPORT SERVICES, IF ANY, REMAINS
  114. WITH YOU.
  115. 6. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL
  116. AND CERTAIN OTHER DAMAGES. To the maximum extent
  117. permitted by applicable law, in no event shall Microsoft or
  118. its suppliers be liable for any special, incidental, indirect,
  119. or consequential damages whatsoever (including, but not limited
  120. to, damages for loss of profits or confidential or other
  121. information, for business interruption, for personal injury,
  122. for loss of privacy, for failure to meet any duty including
  123. of good faith or of reasonable care, for negligence, and for
  124. any other pecuniary or other loss whatsoever) arising out of
  125. or in any way related to the use of or inability to use the
  126. Product, the provision of or failure to provide Support
  127. Services, or otherwise under or in connection with any
  128. provision of Agreement, even in the event of the fault, tort
  129. (including negligence), strict liability, breach of contract
  130. or breach of warranty of Microsoft or any supplier, and even
  131. if Microsoft or any supplier has been advised of the
  132. possibility of such damages.
  133. 7. LIMITATION OF LIABILITY AND REMEDIES.
  134. Notwithstanding any damages that you might incur for any
  135. reason whatsoever (including, without limitation, all damages
  136. referenced above and all direct or general damages), the
  137. entire liability of Microsoft and any of its suppliers under
  138. any provision of this Agreement and your exclusive remedy
  139. for all of the foregoing shall be limited to the greater
  140. of the amount actually paid by you for the Product or
  141. U.S.$5.00. The foregoing limitations, exclusions and
  142. disclaimers shall apply to the maximum extent permitted by
  143. applicable law, even if any remedy fails its essential purpose.
  144. 8. GOVERNING LAW; ATTORNEYS' FEES. This
  145. Agreement shall be construed and controlled by the laws of
  146. the State of Washington, and Recipient consents to the
  147. jurisdiction and venue in the federal courts sitting in
  148. King County, Washington, unless no federal subject matter
  149. jurisdiction exists, in which case Recipient consents to
  150. the jurisdiction and venue in the Superior Court of King
  151. County, Washington. Recipient waives all defenses of lack
  152. of personal jurisdiction and forum nonconveniens. Process
  153. may be served on either party in the manner authorized by
  154. applicable law or court rule. If either Microsoft or Recipient
  155. employs attorneys to enforce any rights arising out of or
  156. relating to this Agreement, the prevailing party shall be
  157. entitled to recover reasonable attorneys' fees.
  158. 9. U.S. GOVERNMENT RESTRICTED RIGHTS. The
  159. Product and Documentation provided to the U.S. Government
  160. pursuant to solicitations issued on or after December 1,
  161. 1995 is provided with the commercial rights and restrictions
  162. described elsewhere herein. Product and Documentation
  163. provided to the U.S. Government pursuant to solicitations
  164. issued prior to December 1, 1995 is provided with RESTRICTED
  165. RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987)
  166. or FAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
  167. 10. EXPORT RESTRICTIONS. Recipient agrees that
  168. Recipient will not export or re-export the Product or
  169. Documentation to any country, person or entity subject to U.S.
  170. export restrictions. Recipient specifically agrees not to export
  171. or re-export the Product or Documentation (i) to any country to
  172. which the U. S. has embargoes or restricted the export of
  173. goods or services which currently include but are not
  174. necessarily limited to Cuba, Iran, Iraq, Libya, North Korea,
  175. Sudan and Syria, or to any national of any such country,
  176. wherever located, who intends to transmit or transport the
  177. Product or Documentation back to such country; (ii) to any
  178. person or entity who Recipient knows or has reason to know
  179. will utilize the Product and Documentation in the design,
  180. development or production of nuclear chemical or biological
  181. weapons; or (iii) to any person or entity who has been
  182. prohibited from participating in U.S. export transactions by
  183. any federal agency of the U.S. government.
  184. Should you have any questions concerning this Agreement, or
  185. if you desire to contact Microsoft for any reason, please
  186. write: Microsoft Corporation, WWPG Beta Team, One Microsoft
  187. Way, Redmond, WA 98052-6399.