215 lines
10 KiB
Plaintext
215 lines
10 KiB
Plaintext
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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Professional Pre-Release Code
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1. GRANT OF LICENSE.
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(a) Microsoft grants Recipient a limited, non-exclusive,
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nontransferable, non-assignable, royalty-free license to
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install and use copies of the software accompanying this
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agreement (the "Product") on a maximum of five (5)
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computer's residing on Recipient's premises, solely for
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Recipient's internal testing. All other rights are reserved
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to 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 local law expressly prohibits the foregoing
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restriction. Recipient may not use the Product in a live
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operating environment where it may be relied upon to perform
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in the same manner as a commercially released product or
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with data that has not been sufficiently backed up.
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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 testing of the Product. 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 reports,
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test results and other feedback made by Recipient shall be
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the property of Microsoft and may be used by Microsoft for
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any purpose it sees fit. Due to the nature of the
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development work, Microsoft is not certain if errors or
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discrepancies in the Product may be corrected.
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(c) Recipient's use of the Product shall take place
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solely at Recipient's site. Recipient may not demonstrate or
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show 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 two
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or more computers, even if an application is installed on only
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one of the computers. Recipient may use this technology (as
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permitted in Section 1(a) above), with all Microsoft
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application products for multi-party conferences. For
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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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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, upon request,
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shall promptly return to Microsoft, or certify destruction
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of, all full or partial copies of the Product and related
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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 not limited 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
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AND CERTAIN OTHER DAMAGES. To the maximum extent
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permitted by applicable law, in no event shall Microsoft or
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its suppliers be liable for any special, incidental, indirect,
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or consequential damages whatsoever (including, but not limited
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to, damages for loss of profits or confidential or other
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information, for business interruption, for personal injury,
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for loss of privacy, for failure to meet any duty including
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of good faith or of reasonable care, for negligence, and for
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any other pecuniary or other loss whatsoever) arising out of
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or in any way related to the use of or inability to use the
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Product, the provision of or failure to provide Support
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Services, or otherwise under or in connection with any
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provision 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 any
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reason whatsoever (including, without limitation, all damages
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referenced above and all direct or general damages), the
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entire liability of Microsoft and any of its suppliers under
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any provision of this Agreement and your exclusive remedy
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for all of the foregoing shall be limited to the greater
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of the amount actually paid by you for the Product or
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U.S.$5.00. The foregoing limitations, exclusions and
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disclaimers shall apply to the maximum extent permitted by
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applicable law, 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 laws of
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the State of Washington, and Recipient consents to the
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jurisdiction and venue in the federal courts sitting in
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King County, Washington, unless no federal subject matter
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jurisdiction exists, in which case Recipient consents to
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the jurisdiction and venue in the Superior Court of King
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County, Washington. Recipient waives all defenses of lack
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of personal jurisdiction and forum nonconveniens. Process
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may be served on either party in the manner authorized by
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applicable law or court rule. If either Microsoft or Recipient
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employs attorneys to enforce any rights arising out of or
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relating to this Agreement, the prevailing party shall be
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entitled to recover 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. Government
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pursuant to solicitations issued on or after December 1,
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1995 is provided with the commercial rights and restrictions
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described elsewhere herein. Product and Documentation
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provided to the U.S. Government pursuant to solicitations
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issued prior to December 1, 1995 is provided with RESTRICTED
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RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987)
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or FAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
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10. EXPORT RESTRICTIONS. Recipient agrees that
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Recipient will not export or re-export the Product or
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Documentation to any country, person or entity subject to U.S.
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export restrictions. Recipient specifically agrees not to export
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or 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 and 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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