MICROSOFT SOFTWARE LICENSE
TERMS FOR A VIRTUAL HARD DISK IMAGE OF EVALUATION COPIES OF THE FOLLOWING MICROSOFT
PRODUCTS:
·
MICROSOFT WINDOWS SERVER 2003 ENTERPRISE EDITION WITH SERVICE
PACK 2 EVALUATION,
·
MICROSOFT VISUAL SOURCESAFE 2005,
·
MICROSOFT VISUAL STUDIO 2005 TEAM SUITE WITH SERVICE PACK 1, and
·
MICROSOFT SQL SERVER 2008 COMMUNITY TECHNOLOGY PREVIEW (CTP)
NOVEMBER 2007, DEVELOPER EDITION
These license terms are an
agreement between Microsoft Corporation (or based on where you live, one of its
affiliates) and you. Please read them. They apply to the software named above
including documentation, sample applications, utilities, service packs and
other technical information and materials provided as part of this Virtual Hard
Disk Image (all collectively referred to as the "software"), which
includes the media on which you received it, if any. The terms also apply to
any Microsoft Internet-based services for this software.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT
ACCEPT THEM, DO NOT USE THE SOFTWARE.
AS DESCRIBED BELOW, USING SOME FEATURES ALSO OPERATES AS YOUR
CONSENT TO THE TRANSMISSION OF CERTAIN STANDARD COMPUTER INFORMATION FOR
INTERNET-BASED SERVICES.
THE SOFTWARE IS TIME SENSITIVE AND YOUR RIGHT TO USE THE SOFTWARE
IS LIMITED TO A SPECIFIED PERIOD OF TIME. PLEASE REFER TO SECTION 3 FOR
DETAILS.
If you comply with these license terms, you have
the rights below.
1.
INSTALLATION AND USE RIGHTS.
·
Supersede Other Terms. The terms of this license
supersede the terms of any Microsoft software license term agreement that you
may encounter in this software, even if installation of the software requires
“acceptance” of a separate license term agreement.
·
Installation. You may install and use the software on your
device of which you are running any virtualization software able to run Virtual
Hard Disk (VHD) formats, including Microsoft Virtual PC or Microsoft Virtual
Server.
·
Limited Use Rights. You may use the software in the
virtual hard disk image only to internally evaluate it. You may not use the
software in a live operating environment, including without limitation staging
on a server in a production environment, such as loading content prior to
production use.
·
No Separation. The Microsoft software in the virtual hard
disk image is licensed as a single piece of software. You may not separate the
Microsoft software component parts or any third party software component parts
included in the software for use on more than one device or in more than one
operating system environment.
·
Third Party Software. The software may also contain third
party (i.e. non-Microsoft) software programs (“Programs”). These Programs are
provided as a convenience solely for purposes of evaluating the software. Your
use of such Programs is subject to any additional conditions of any license
agreement contained in them
INTERNET-BASED SERVICES. Microsoft
may provide Internet-based services with the software. It may change or cancel
them at any time. If Internet-based services are included within the software
they are typically simulated for demo purposes in the Virtual Hard Drive Image
and no transmission over the Internet takes place. However, should the Virtual
Hard Drive Image be configured to transmit over the Internet the following
terms apply:
a. Consent
for Internet-Based Services. The software
features described below connect to Microsoft or service provider computer
systems over the Internet. In some cases, you will not receive a separate
notice when they connect. You may switch off these features or not use them.
For more information about these features, visit
http://go.microsoft.com/fwlink/?LinkId=38670. BY USING THESE FEATURES, YOU CONSENT TO THE
TRANSMISSION OF THIS INFORMATION. Microsoft
does not use the information to identify or contact you.
i.
Computer Information. The following features use
Internet protocols, which send to the appropriate systems computer information,
such as your Internet protocol address, the type of operating system, browser
and name and version of the software you are using, and the language code of
the device where you installed the software. Microsoft uses this information
to make the Internet-based services available to you.
·
Windows Update Feature. You
may connect new hardware to the device where you installed the software. Your
device may not have the drivers needed to communicate with that hardware. If
so, the update feature of the software can obtain the correct driver from
Microsoft and install it on your device. You can switch off this update feature.
·
Web Content Features.
Features in the software can retrieve related content from Microsoft and
provide it to you. To provide the content, these features send to Microsoft
the type of operating system, name and version of the software you are using,
type of browser and language code of the device where you installed the
software. Examples of these features are clip art, templates, online training,
online assistance and Appshelp. You may choose not to use these web content
features.
·
Digital Certificates. The
Software uses digital certificates based on the x.509 standard. These digital
certificates confirm the identity of Internet users sending x.509 standard
encrypted information. The software retrieves certificates and updates
certificate revocation lists. These security features operate only when you
use the Internet.
·
Auto Root Update. The Auto
Root Update feature updates the list of trusted certificate authorities. You
can switch off the Auto Root Update feature.
·
Windows Media Player. When
you use Windows Media Player, it checks with Microsoft for
·
compatible online music services in your region;
·
new versions of the player; and
·
codecs if your device does not have the correct ones for playing
content.
You can switch off this last feature. For more information, go
to http://go.microsoft.com/fwlink/?LinkId=51331.
·
Windows Media Digital Rights Management. Content owners
use Windows Media digital rights management technology (WMDRM) to protect their
intellectual property, including copyrights. The software and third party
software use WMDRM to play and copy WMDRM-protected content. If the software
fails to protect the content, content owners may ask Microsoft to revoke the
software’s ability to use WMDRM to play or copy protected content. Revocation
does not affect other content. When you download licenses for protected
content, you agree that Microsoft may include a revocation list with the
licenses. Content owners may require you to upgrade WMDRM to access their
content. Microsoft software that includes WMDRM will ask for your consent
prior to the upgrade. If you decline an upgrade, you will not be able to
access content that requires the upgrade. You may switch off WMDRM features
that access the Internet. When these features are off, you can still play
content for which you have a valid license.
·
Windows Rights Management Services. The software contains
a feature that allows you to create content that cannot be printed, copied or
sent to others without your permission. You must connect to Microsoft to use
this feature for the first time. Once a year, you must re-connect to Microsoft
to update it. For more information, go to http://go.microsoft.com/fwlink/?LinkId=52646.
You may choose not to use this feature.
b. Misuse of
Internet-based Services. You may not use
these services in any way that could harm them or impair anyone else’s use of
them. You may not use the services to try to gain unauthorized access to any service, data, account or network by any means.
3.
TIME-SENSITIVE SOFTWARE. The
software will stop running on May 24, 2009. You will not receive any other
notice. You may not be able to access data used with the software when it
stops running.
4.
NO ACTIVATION. To prevent its unlicensed use, the software contains
activation enforcement technology. Because this is an evaluation-only license,
you are not licensed to activate the software for any purpose even if it
prompts you to do so.
5.
PRE-RELEASE SOFTWARE. The software contains pre-release versions of Microsoft
software products identified above as “Community Technology Preview”. This
software may not work the way a final version of the software will. We may
change it for the final, commercial version. We also may not release a
commercial version.
6.
FEEDBACK. If you give feedback
about the software to Microsoft, you give to Microsoft, without charge, the
right to use, share and commercialize your feedback in any way and for any
purpose. You also give to third parties, without charge, any patent rights
needed for their products, technologies and services to use or interface with
any specific parts of a Microsoft software or service that requires Microsoft
to license its software or documentation to third parties because Microsoft
includes your feedback in them. These rights survive this agreement.
7.
.NET FRAMEWORK BENCHMARK TESTING. The
.NET Framework 2.0 component of the Windows operating systems (“.NET
Component”) is included with the software. You may conduct internal benchmark
testing of the .NET Component. You may disclose the results of any
benchmark test of the .NET Component, provided that you comply with the following
terms: (1) you must disclose all the information necessary for
replication of the tests, including complete and accurate details of your
benchmark testing methodology, the test scripts/cases, tuning parameters
applied, hardware and software platforms tested, the name and version number of
any third party testing tool used to conduct the testing, and complete source
code for the benchmark suite/harness that is developed by or for you and used
to test both the .NET Component and the competing implementation(s); (2) you
must disclose the date(s) that you conducted the benchmark tests, along
with specific version information for all Microsoft software products tested,
including the .NET Component; (3) your benchmark testing was performed using all
performance tuning and best practice guidance set forth in the product
documentation and/or on Microsoft’s support web sites, and uses the latest
updates, patches and fixes available for the .NET Component and the relevant
Microsoft operating system; (4) it shall be sufficient if you make the
disclosures provided for above at a publicly available location such as a
website, so long as every public disclosure of the results of your benchmark
test expressly identifies the public site containing all required disclosures;
and (5) nothing in this provision shall be deemed to waive any other right that
you may have to conduct benchmark testing. The foregoing obligations
shall not apply to your disclosure of the results of any customized benchmark
test of the .NET Component, whereby such disclosure is made under
confidentiality in conjunction with a bid request by a prospective customer,
such customer’s application(s) are specifically tested and the results are only
disclosed to such specific customer. Notwithstanding any other agreement you
may have with Microsoft, if you disclose such benchmark test results, Microsoft
shall have the right to disclose the results of benchmark tests it conducts of
your products that compete with the .NET Component, provided it complies with
the same conditions above.
8.
Scope of License. The software is licensed, not sold. This agreement
only gives you some rights to use the software. Microsoft reserves all other
rights. Unless applicable law gives you more rights despite this limitation,
you may use the software only as expressly permitted in this agreement. In
doing so, you must comply with any technical limitations in the software that
only allow you to use it in certain ways. You may not
·
disclose the results of any benchmark tests of the software to
any third party without Microsoft’s prior written approval. However, this does
not apply to the Microsoft .NET Framework (see above);
·
work around any technical limitations in the software;
·
reverse engineer, decompile or disassemble the software, except
and only to the extent that applicable law expressly permits, despite this
limitation;
·
make more copies of the software than specified in this agreement
or allowed by applicable law, despite this limitation;
·
publish the software for others to copy;
·
rent, lease or lend the software;
·
transfer the software or this agreement to any third party; or
·
use the software for commercial software hosting services.
9.
NOTICES
a. THE
MPEG-4 VISUAL STANDARD. This software includes MPEG-4 visual decoding technology.
This technology is a format for data compression of video information. MPEG
LA, L.L.C. requires this notice:
USE OF THIS PRODUCT IN ANY MANNER THAT
COMPLIES WITH THE MPEG 4 VISUAL STANDARD IS PROHIBITED, EXCEPT FOR USE DIRECTLY
RELATED TO (A) DATA OR INFORMATION (i) GENERATED BY AND OBTAINED WITHOUT CHARGE
FROM A CONSUMER NOT THEREBY ENGAGED IN A BUSINESS ENTERPRISE, AND (ii) FOR
PERSONAL USE ONLY; AND (B) OTHER USES SPECIFICALLY AND SEPARATELY LICENSED BY
MPEG LA, L.L.C.
If you have questions about the
MPEG-4 visual standard, please contact MPEG LA, L.L.C., 250 Steele Street,
Suite 300, Denver, Colorado 80206; www.mpegla.com.
b. VISUAL
J#2005. APPLICATIONS AND SERVICES BUILT WITH
MICROSOFT J# 2005 WILL RUN ONLY IN THE MICROSOFT .NET FRAMEWORK. VISUAL J#
2005 HAS BEEN INDEPENDENTLY DEVELOPED BY MICROSOFT. IT IS NOT ENDORSED OR
APPROVED BY SUN MICROSYSTEMS.
10.
Export Restrictions. The software is subject to United States export
laws and regulations. You must comply with all domestic and international
export laws and regulations that apply to the software. These laws include
restrictions on destinations, end users and end use. For additional
information, see www.microsoft.com/exporting.
11.
SUPPORT SERVICES. Because this software is “as is,” Microsoft may not
provide support services for it.
12.
Entire Agreement. This agreement, and the terms for supplements,
updates, Internet-based services and support services that you use, are the
entire agreement for the software and support services.
13.
Applicable Law.
a. United
States. If you acquired the software in the
United States, Washington state law governs the interpretation of this
agreement and applies to claims for breach of it, regardless of conflict of
laws principles. The laws of the state where you live govern all other claims,
including claims under state consumer protection laws, unfair competition laws,
and in tort.
b. Outside
the United States. If you acquired the
software in any other country, the laws of that country apply.
14. Legal Effect. This agreement describes certain legal rights. You may have other
rights under the laws of your country. You may also have rights with respect
to the party from whom you acquired the software. This agreement does not
change your rights under the laws of your country if the laws of your country
do not permit it to do so.
15. Disclaimer of Warranty. The software is licensed “as-is.” You bear
the risk of using it. Microsoft gives no express warranties, guarantees or
conditions. You may have additional consumer rights under your local laws
which this agreement cannot change. To the extent permitted under your local
laws, Microsoft excludes the implied warranties of merchantability, fitness for
a particular purpose and non-infringement.
16. Limitation on and Exclusion of Remedies and
Damages. You can recover from Microsoft and its suppliers only direct damages
up to U.S. $5.00. You cannot recover any other damages, including
consequential, lost profits, special, indirect or incidental damages.
This limitation applies to
·
anything related to the software, services, content (including
code) on third party Internet sites, or third party programs; and
·
claims for breach of contract, breach of warranty, guarantee or
condition, strict liability, negligence, or other tort to the extent permitted
by applicable law.
It also applies even if Microsoft
knew or should have known about the possibility of the damages. The above
limitation or exclusion may not apply to you because your country may not allow
the exclusion or limitation of incidental, consequential or other damages.
Please note: As this software is distributed in Quebec,
Canada, some of the clauses in this agreement are provided below in French.
Remarque: Ce
logiciel étant distribué au Québec, Canada, certaines des clauses dans ce
contrat sont fournies ci-dessous en français.
EXONÉRATION DE
GARANTIE. Le logiciel visé par une licence est offert « tel quel ». Toute
utilisation de ce logiciel est à votre seule risque et péril. Microsoft
n’accorde aucune autre garantie expresse. Vous pouvez bénéficier de droits
additionnels en vertu du droit local sur la protection dues consommateurs, que
ce contrat ne peut modifier. La ou elles sont permises par le droit locale, les
garanties implicites de qualité marchande, d’adéquation à un usage particulier
et d’absence de contrefaçon sont exclues.
LIMITATION DES
DOMMAGES-INTÉRÊTS ET EXCLUSION DE RESPONSABILITÉ POUR LES DOMMAGES. Vous
pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation en cas de
dommages directs uniquement à hauteur de 5,00 $ US. Vous ne pouvez prétendre à
aucune indemnisation pour les autres dommages, y compris les dommages spéciaux,
indirects ou accessoires et pertes de bénéfices.
Cette limitation concerne:
·
tout ce qui est relié au logiciel, aux services ou
au contenu (y compris le code) figurant sur des sites Internet tiers ou dans
des programmes tiers ; et
·
les réclamations au titre de violation de contrat
ou de garantie, ou au titre de responsabilité stricte, de négligence ou d’une
autre faute dans la limite autorisée par la loi en vigueur.
Elle s’applique également, même si Microsoft
connaissait ou devrait connaître l’éventualité d’un tel dommage. Si votre pays
n’autorise pas l’exclusion ou la limitation de responsabilité pour les dommages
indirects, accessoires ou de quelque nature que ce soit, il se peut que la
limitation ou l’exclusion ci-dessus ne s’appliquera pas à votre égard.
EFFET JURIDIQUE. Le
présent contrat décrit certains droits juridiques. Vous pourriez avoir d’autres
droits prévus par les lois de votre pays. Le présent contrat ne modifie pas
les droits que vous confèrent les lois de votre pays si celles ci ne le
permettent pas.