windows-nt/Source/XPSP1/NT/enduser/miscdocuments/common/docs/oemeula.txt

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2020-09-26 03:20:57 -05:00
This is a legal agreement ("Agreement") between you (either
an individual or an entity), the end user ("Recipient"), and
Microsoft Corporation ("Microsoft"). BY
INSTALLING, COPYING OR OTHERWISE USING THE
PRODUCT (AS DEFINED BELOW), YOU AGREE TO BE
BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU
DO NOT AGREE TO THE TERMS OF THIS AGREEMENT,
DO NOT INSTALL, COPY OR USE THE PRODUCT.
MICROSOFT LICENSE AGREEMENT for Microsoft Windows 2000
Professional Pre-Release Code
1. GRANT OF LICENSE.
(a) Microsoft grants Recipient a limited, non-exclusive,
nontransferable, non-assignable, royalty-free license to
install and use copies of the software accompanying this
agreement (the "Product") on a maximum of five (5)
computer's residing on Recipient's premises, solely for
Recipient's internal testing. All other rights are reserved
to Microsoft. Recipient shall not rent, lease, sell,
sublicense, assign, or otherwise transfer the Product or any
accompanying printed materials ("Documentation"). Recipient
may not reverse engineer or decompile the Product, except to
the extent that local law expressly prohibits the foregoing
restriction. Recipient may not use the Product in a live
operating environment where it may be relied upon to perform
in the same manner as a commercially released product or
with data that has not been sufficiently backed up.
Recipient may not use the Product for benchmark or
performance testing. Microsoft and its suppliers shall
retain title and all ownership rights to the Product, and
this Agreement shall not be construed in any manner as
transferring any rights of ownership or license to the
Product or to the features or information therein, except as
specifically stated herein.
(b) At Microsoft's request, Recipient agrees to provide
reasonable feedback to Microsoft, including but not limited
to usability, bug reports and test results, with respect to
the testing of the Product. In addition, if requested by
Microsoft, Recipient will use reasonable efforts to review
and comment on all documentation supplied. All bug reports,
test results and other feedback made by Recipient shall be
the property of Microsoft and may be used by Microsoft for
any purpose it sees fit. Due to the nature of the
development work, Microsoft is not certain if errors or
discrepancies in the Product may be corrected.
(c) Recipient's use of the Product shall take place
solely at Recipient's site. Recipient may not demonstrate or
show the Product to third parties without the express written
permission of Microsoft.
(d) The Product may contain Windows NetMeeting,
technology that enables applications to be shared between two
or more computers, even if an application is installed on only
one of the computers. Recipient may use this technology (as
permitted in Section 1(a) above), with all Microsoft
application products for multi-party conferences. For
non-Microsoft applications, Recipient should consult the
accompanying license agreement or contact the licensor to
determine whether application sharing is permitted by the
licensor.
2. TERM OF AGREEMENT. The term of this Agreement shall
commence upon Recipient's copying, installing or using the
Product and shall continue unless terminated by Microsoft in
writing at any time, with or without cause. This Agreement
will terminate without notice upon the commercial release of
the Product. Upon the termination of this Agreement,
Recipient shall cease use of the Product and, upon request,
shall promptly return to Microsoft, or certify destruction
of, all full or partial copies of the Product and related
materials provided by Microsoft.
3. SUPPORT. Microsoft is not obligated to provide technical
or other support for the Product. However, limited technical
support ("Support Services"), if noted in the materials
provided to Recipient by Microsoft, may be available. Use of
any such Support Services is governed by the Microsoft
policies and programs described in "online" documentation,
and/or in other Microsoft-provided materials. Any
supplemental software code provided to Recipient as part of
the Support Services shall be considered part of the Product
and subject to the terms and conditions of this Agreement.
With respect to technical information Recipient provides to
Microsoft as part of the Support Services, Microsoft may use
such information for its business purposes, including for
product support and development. Microsoft will not utilize
such technical information in a form that personally
identifies Recipient. Such limited Support Services may not
be available in all countries outside the United States and
will be discontinued once the Product is commercially
released.
4. MAINTENANCE. Microsoft is not obligated to provide
maintenance, technical support, or updates to Recipient for
Product licensed under this Agreement. In no event shall
Microsoft be obligated to provide Recipient, free of charge,
a copy of the commercial release version of the Product in
connection with Recipient's participation in the testing
program. Microsoft is not obligated to make the Product
commercially available.
5. DISCLAIMER OF WARRANTIES. To the maximum extent
permitted by applicable law, Microsoft and its suppliers
provide the Product and any (if any) Support Services AS
IS AND WITH ALL FAULTS, and hereby disclaim all warranties
and conditions, either express, implied or statutory,
including, but not limited to, any (if any) implied warranties
or conditions of merchantability, of fitness for a particular
purpose, of lack of viruses, of accuracy or completeness of
responses, of results, and of lack of negligence or lack of
workmanlike effort, all with regard to the Product, and the
provision of or failure to provide Support Services. ALSO,
THERE IS NO WARRANTY OR CONDITION OF TITLE,
QUIET ENJOYMENT, QUIET POSSESSION,
CORRESPONDENCE TO DESCRIPTION OR
NON-INFRINGEMENT, WITH REGARD TO THE PRODUCT.
THE ENTIRE RISK AS TO THE QUALITY OF OR
ARISING OUT OF USE OR PERFORMANCE OF THE
PRODUCT AND SUPPORT SERVICES, IF ANY, REMAINS
WITH YOU.
6. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL
AND CERTAIN OTHER 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, but not limited
to, damages for loss of profits or confidential or other
information, for business interruption, for personal injury,
for loss of privacy, for failure to meet any duty including
of good faith or of reasonable care, for negligence, and for
any other pecuniary or other loss whatsoever) arising out of
or in any way related to the use of or inability to use the
Product, the provision of or failure to provide Support
Services, or otherwise under or in connection with any
provision of Agreement, even in the event of the fault, tort
(including negligence), strict liability, breach of contract
or breach of warranty of Microsoft or any supplier, and even
if Microsoft or any supplier has been advised of the
possibility of such damages.
7. LIMITATION OF LIABILITY AND REMEDIES.
Notwithstanding any damages that you might incur for any
reason whatsoever (including, without limitation, all damages
referenced above and all direct or general damages), the
entire liability of Microsoft and any of its suppliers under
any provision of this Agreement and your exclusive remedy
for all of the foregoing shall be limited to the greater
of the amount actually paid by you for the Product or
U.S.$5.00. The foregoing limitations, exclusions and
disclaimers shall apply to the maximum extent permitted by
applicable law, even if any remedy fails its essential purpose.
8. GOVERNING LAW; ATTORNEYS' FEES. This
Agreement shall be construed and controlled by the laws of
the State of Washington, and Recipient consents to the
jurisdiction and venue in the federal courts sitting in
King County, Washington, unless no federal subject matter
jurisdiction exists, in which case Recipient consents to
the jurisdiction and venue in the Superior Court of King
County, Washington. Recipient waives all defenses of lack
of personal jurisdiction and forum nonconveniens. Process
may be served on either party in the manner authorized by
applicable law or court rule. If either Microsoft or Recipient
employs attorneys to enforce any rights arising out of or
relating to this Agreement, the prevailing party shall be
entitled to recover reasonable attorneys' fees.
9. U.S. GOVERNMENT RESTRICTED RIGHTS. The
Product and Documentation provided to the U.S. Government
pursuant to solicitations issued on or after December 1,
1995 is provided with the commercial rights and restrictions
described elsewhere herein. Product and Documentation
provided to the U.S. Government pursuant to solicitations
issued prior to December 1, 1995 is provided with RESTRICTED
RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987)
or FAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
10. EXPORT RESTRICTIONS. Recipient agrees that
Recipient will not export or re-export the Product or
Documentation to any country, person or entity subject to U.S.
export restrictions. Recipient specifically agrees not to export
or re-export the Product or Documentation (i) to any country to
which the U. S. has embargoes or restricted the export of
goods or services which currently include but are not
necessarily limited to Cuba, Iran, Iraq, Libya, North Korea,
Sudan and Syria, or to any national of any such country,
wherever located, who intends to transmit or transport the
Product or Documentation back to such country; (ii) to any
person or entity who Recipient knows or has reason to know
will utilize the Product and Documentation in the design,
development or production of nuclear chemical or biological
weapons; or (iii) to any person or entity who has been
prohibited from participating in U.S. export transactions by
any federal agency of the U.S. government.
Should you have any questions concerning this Agreement, or
if you desire to contact Microsoft for any reason, please
write: Microsoft Corporation, WWPG Beta Team, One Microsoft
Way, Redmond, WA 98052-6399.