Preliminary Microsoft Index Server 1.1 MICROSOFT INDEX SERVER END-USER LICENSE AGREEMENT FOR PRE-RELEASE MICROSOFT SOFTWARE IMPORTANT-READ CAREFULLY: This Microsoft 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 accompanying this EULA, which includes computer software and "online" or electronic documentation and may include associated media, and printed materials ("SOFTWARE PRODUCT"). By exercising your rights to make and use copies of the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you are not authorized to use the SOFTWARE PRODUCT. SOFTWARE PRODUCT LICENSE The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold. 1.  The SOFTWARE PRODUCT is software which runs in conjunction with Windows NT Workstation containing Peer Web Services and/or Windows NT Server containing Internet Information Server. 2.  GRANT OF LICENSE. This EULA grants you the following rights: Use with Windows NT Workstation. You may use and install copies of the SOFTWARE PRODUCT on computers which are running licensed copies of Windows NT Workstation. Note: When Windows NT Workstation is installed on a computer (a "Workstation Computer"), a maximum of ten (10) computers are permitted to connect to the Workstation Computer to access and use services of the SOFTWARE PRODUCT. The ten connection maximum includes any indirect connections made through software or hardware which pools or aggregates connections. Use with Windows NT Server. You may use and install copies of the SOFTWARE PRODUCT on any computer which is running a licensed copy of Windows NT Server (a "Server Computer"). An unlimited number of computers or workstations may access and otherwise utilize the services of the SOFTWARE PRODUCT running on a Server Computer. 3.  DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. *Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. *No Performance or Benchmark Testing. You may not disclose the results of any benchmark test of a SOFTWARE PRODUCT to any third party without Microsoft's prior written approval. *Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer. *Software Transfer. You may permanently transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA. *Termination. Without prejudice to any other rights, Microsoft may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts. 4.  COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by Microsoft or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material except that you may make one copy of the SOFTWARE PRODUCT solely for backup or archival purposes for every computer on which you have installed the SOFTWARE PRODUCT. Title, ownership rights, and intellectual property rights in and to the content accessed through the SOFTWARE PRODUCT is the property of the applicable content owner and may be protected by applicable copyright or other law. This Agreement gives you no rights to such content. 5.  U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software—Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Microsoft Corporation/One Microsoft Way/Redmond, WA 98052-6399. 6.  EXPORT RESTRICTIONS. You agree that neither you nor your customers intend to or will, directly or indirectly, export or transmit the SOFTWARE PRODUCT or related documentation and technical data to any country to which such export or transmission is restricted by any applicable U.S. regulation or statute, without the prior written consent, if required, of the Bureau of Export Administration of the U.S. Department of Commerce, or such other governmental entity as may have jurisdiction over such export or transmission. NO WARRANTIES. THE SOFTWARE PRODUCT IS BETA CODE AND NOT AT THE LEVEL OF FUNCTIONALITY, PERFORMANCE, AND COMPATIBILITY OF THE FINAL, GENERALLY AVAILABLE PRODUCT OFFERING. THE SOFTWARE PRODUCT MAY BE SUBSTANTIALLY MODIFIED PRIOR TO FIRST COMMERCIAL SHIPMENT. MICROSOFT EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE PRODUCT. THE SOFTWARE PRODUCT AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU. LIMITED WARRANTY. Microsoft warrants that the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the SOFTWARE PRODUCT are limited to ninety (90) days. CUSTOMER REMEDIES. Microsoft's and its suppliers' entire liability and your exclusive remedy shall be repair or replacement of the SOFTWARE PRODUCT that does not meet Microsoft's Limited Warranty and which is returned to Microsoft. This Limited Warranty is void if failure of the SOFTWARE PRODUCT or hardware has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT or hardware will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States, neither these remedies nor any product support services offered by Microsoft are available without proof of purchase from an authorized international source. NO OTHER WARRANTIES. To the maximum extent permitted by applicable law, Microsoft and its suppliers disclaim all other warranties, either express or implied, including, but not limited to, implied warranties of merchantability AND fitness for a particular purpose, with regard to the SOFTWARE PRODUCT, and any accompanying hardware. This limited warranty gives you specific legal rights. You may have others, which vary from state/jurisdiction to state/jurisdiction. NO LIABILITY FOR CONSEQUENTIAL 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, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use thE software product, even if Microsoft has been advised of the possibility of such damages. Because some states and jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. MISCELLANEOUS If you acquired this product in the United States, this EULA is governed by the laws of the State of Washington. If this product was acquired outside the United States, then local laws 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. Do you agree to abide by the terms of this EULA?