MICROSOFT PRE-RELEASE SOFTWARE LICENSE TERMS
MICROSOFT VISUAL STUDIO 2010 PRODUCT FAMILY PRE-RELEASE
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 pre-release software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
· Internet-based services, and
· support services
for this software, unless other terms accompany those items. If so, those terms apply.
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.
If you comply with these license terms, you have the rights below.
1. PRE-RELEASE SOFTWARE. This software is a pre-release version. It may not operate correctly or work the way a final version of the software will. Microsoft may change it for the final, commercial version. We also may not release a commercial version. IF YOU DECIDE TO MAKE USE OF ANY OF THE RIGHTS UNDER THIS AGREEMENT YOU AGREE THAT IT IS AT YOUR SOLE DISCRETION AND YOU ASSUME ALL RESPONSIBILITY FOR AND RISK OF ANY AND ALL DAMAGES THAT MAY RESULT FROM OR IN CONNECTION WITH THE SOFTWARE, INCLUDING WITHOUT LIMITATION, THE UNAVAILABILITY OR INTERUPTION OF OPERATIONS OR THE LOSS OF ANY DATA OR OTHER CONTENT.
2. TIME-SENSITIVE SOFTWARE. The software will stop running on June 30, 2010. You will not receive any other notice. You may not be able to access data used with the software when it stops running.
3. INSTALLATION, USE RIGHTS AND RESTRICTIONS. You may install and use copies of the software on your premises as follows:
a. Internal Production Use. If you comply with the rest of these license terms, you may use the software to design, develop and test your programs in a live production environment for your internal use, provided that:
i. you take adequate precautionary measures to back up and protect your data;
ii. you agree to cease such use immediately upon notice from Microsoft; and
iii. such production environment may only be accessible by your employees and contractors.
b. External Production Use. If you comply with the rest of these license terms, you may also use the software to design, develop and test your programs that you may distribute to third parties or deploy for third parties to access over the Internet, provided that:
i. you comply with items 3.a.i. and 3.a.ii;
ii. you include in your programs a visible notice to your users that the programs were created with or rely on pre-release, time-sensitive unsupported software that may not operate correctly;
iii. if your program requires that certain portions of the software that is not distributable, such as the .NET Framework 4, be installed on the customer’s computer, you will include a visible notice that your program does not include the relevant software and that the customer will need to obtain a copy of it directly from Microsoft; and
iv. you will not make any representation, warranty or promise on behalf of Microsoft or with respect to the software or its performance.
This right to deploy your programs for external access by third parties does not include the right to deploy programs that are designed for the purpose of hosting other software applications, unless you require those applications, when hosted by your programs, to comply with the restrictions in items c, d, and e below.
c. Hazardous Environments. You may not use the software to design, develop or test programs for hazardous environments requiring fail-safe controls, including without limitation, the design, construction, maintenance or operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, and life support or weapons systems.
d. Personal Information. You may not use the software to design, develop or test programs that collect personally identifiable or confidential data.
e. Commerce Transactions. You may not use the software to design, develop or test programs that conduct e-commerce transactions (exchange of goods or services by means of the Internet or other computer networks), including without limitation any shipping, credit card, monetary or other banking transactions.
f. Included Microsoft Programs. These license terms apply to all Microsoft programs included with the software. If the license terms with any of those programs give you other rights that do not expressly conflict with these license terms, you also have those rights.
g. Third Party Programs. The software contains third party programs. The license terms with those programs apply to your use of them.
h. Fonts. While the software is running, you may use its fonts (including software, metrics and data) to display and print content. You may only
· embed fonts in content as permitted by embedding restrictions in the fonts; and
· temporarily download them to a printer or other output device to help print content.
4. Limited Right to Distribute Certain Software Components. The software includes code that you are permitted to distribute in programs you develop if you comply with the terms below and in Sections 3 and 11.
a. Right to Use and Distribute. The code and text files listed below are “Distributable Code”.
i. REDIST.TXT Files. You may copy and distribute the object code form of code listed in REDIST.TXT files.
ii. Sample Code. You may modify, copy, and distribute the source and object code form of code marked as “sample.”
iii. Microsoft Merge Modules. You may copy and distribute the unmodified output of Microsoft Merge Modules.
iv. Silverlight 3 SDK Libraries. You may copy and distribute the object code form of code contained in the Silverlight 3 software development kit that is marked as “Silverlight Libraries”, “Client Libraries” and “Server Libraries”.
v. MDAC. You may copy and distribute the object code form of the MDAC_TYP.EXE file.
vi. Image Library. You may copy and distribute images and animations in the Image Library as described in the software documentation. You may also modify that content. If you modify the content, it must be for use that is consistent with the permitted use of the unmodified content.
vii. Third Party Distribution. You may permit distributors of your programs to copy and distribute the Distributable Code as part of those programs.
b. Distribution Requirements. For any Distributable Code you distribute, you must:
i. add significant primary functionality to it in your programs;
ii. require distributors and external end users to agree to terms that protect it at least as much as this agreement;
iii. display your valid copyright notice on your programs; and,
iv. indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of your programs.
c. Distribution Restrictions. You may not:
i. alter any copyright, trademark or patent notice in the Distributable Code;
ii. use Microsoft’s trademarks in your programs in a way that suggests they come from or are endorsed by Microsoft;
iii. distribute Distributable Code to run on a platform other than Microsoft operating systems, run-time technologies or application platforms;
iv. include Distributable Code in malicious, deceptive or unlawful programs; or
v. modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that
· the code be disclosed or distributed in source code form; or
· others have the right to modify it.
5. UPDATES; SUBSEQUENT RELEASES.
a. If Microsoft makes bug fixes, security fixes or other error corrections to the software, you agree to use commercially reasonable efforts to install or distribute them for purposes of updating the software.
b. You understand and agree that the software may change substantially prior to the commercial release of the software and your programs may not work with these later releases of the software. This agreement does not provide you with any rights to any subsequent pre-release versions or commercial versions, if any.
6. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software. It may change or cancel them at any time.
a. Consent for Internet-Based Services. The software feature described below connects 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 this feature or not use it. For more information about this feature, see http://go.microsoft.com/fwlink/?linkid=123852. BY USING THIS FEATURE, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION. Microsoft does not use the information to identify or contact you.
i. Computer Information. The following feature uses 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 service available to you.
· Customer Experience Improvement Program (CEIP). This software uses CEIP, which automatically sends to Microsoft anonymous information about your hardware and how you use this software. For more information about CEIP, see http://go.microsoft.com/fwlink/?LinkID=127895.
· Real Simple Syndication (“RSS”) Feed. This software start page contains updated content that is supplied by means of an RSS feed online from Microsoft.
ii. Use of Information. We may use the computer information, and CEIP information, to improve our software and services. We may also share it with others, such as hardware and software vendors. They may use the information to improve how their products run with Microsoft software.
b. Misuse of Internet-based Services. You may not use this service in any way that could harm it or impair anyone else’s use of it. You may not use the service to try to gain unauthorized access to any service, data, account or network by any means.
7. 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 includes the feedback. You will not give feedback that is subject to a license that requires Microsoft to license its software or documentation to third parties because we include your feedback in them. These rights survive this agreement.
8. SILVERLIGHT 3 AND SILVERLIGHT 3 SOFTWARE DEVELOPMENT KIT
INTERNET-BASED SERVICES. Microsoft provides Internet-based services with Silverlight. It may change or cancel them at any time.
a. Automatic Updates. Silverlight contains an Automatic Update feature that is on by default. For more information about this feature, including instructions for to turning it off, see http://go.microsoft.com/fwlink/?LinkId=147032. You may turn off this feature while Silverlight 3 is running (“opt out”). Unless you expressly opt out of this feature, this feature will (a) connect to Microsoft or service provider computer systems over the Internet, (b) use Internet protocols to send to the appropriate systems standard computer information, such as your computer’s Internet protocol address, the type of operating system, browser and name and version of Silverlight you are using, and the language code of the device where you installed Silverlight, and (c) automatically download and install, or prompt you to download and/or install, current Updates to Silverlight. In some cases, you will not receive a separate notice before this feature takes effect. By installing the software, you consent to the transmission of standard computer information and the automatic downloading and installation of Updates.
b. Microsoft Digital Rights Management. If you use Silverlight to access content that has been protected with Microsoft Digital Rights Management (DRM), in order to let you play the content, the software may automatically request media usage rights from a rights server on the Internet and download and install available DRM Updates. For more information, see http://go.microsoft.com/fwlink/?LinkId=147032.
c. NOTICE ABOUT THE H.264/AVC VISUAL STANDARD, AND THE VC-1 VIDEO STANDARD. Silverlight may include H.264/MPEG-4 AVC and/or VC-1decoding technology. MPEG LA, L.L.C. requires this notice:
THIS PRODUCT IS LICENSED UNDER THE AVC AND THE VC-1 PATENT PORTFOLIO LICENSES FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (A) ENCODE VIDEO IN COMPLIANCE WITH THE ABOVE STANDARDS (“VIDEO STANDARDS”) AND/OR (B) DECODE AVC AND VC-1 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE SUCH VIDEO. NONE OF THE LICENSES EXTEND TO ANY OTHER PRODUCT REGARDLESS OF WHETHER SUCH PRODUCT IS INCLUDED WITH THIS SOFTWARE IN A SINGLE ARTICLE. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE HTTP://WWW.MPEGLA.COM .
For clarification purposes only, the Notice in this Section does not limit or inhibit the use of the software provided under this agreement for normal business uses that are personal to that business which do not include (i) redistribution of the software to third parties, or (ii) creation of content with the VIDEO STANDARDS compliant technologies for distribution to third parties.
9. .NET FRAMEWORK SOFTWARE. The software contains Microsoft .NET Framework software. This software is part of Windows. The license terms for Windows apply to your use of the .NET Framework software.
10. SQL SERVER COMPACT 3.5 WITH SERVICE PACK 2 (SP2), BETA AND SQL Server 2008 Express Service Pack 1a (SP1a). The software is also accompanied by Microsoft SQL Server Compact 3.5 with SP2, Beta, and SQL Server 2008 Express SP1a which are licensed to you under their own terms.
a. The license terms for SQL Server Compact 3.5 with SP2, Beta is located here: %programfiles%\Microsoft SQL Server Compact Edition.
b. The license terms for SQL Server 2008 Express SP1a is located here: %programfiles%\Microsoft SQL Server Service Pack 1a.
11. 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;
· 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.
12. 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.
13. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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 des 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