180 DAY LICENSE
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 AND NON-DISCLOSURE
AGREEMENT FOR PRE-RELEASE CODE for the
Microsoft Product code-named "Whistler"
1. GRANT OF LICENSE FOR DUAL DISTRIBUTION.
(a) Microsoft may provide the software accompanying this
Agreement (the "Product") as a web-based download or on a
CD-ROM. Microsoft grants Recipient a limited, non
-exclusive, nontransferable, non-assignable, royalty-free
license to install and use copies of the Product on up to
one (1) computers residing on Recipient's premises,
solely for Recipient's internal testing. The foregoing
limit is aggregate and applies regardless of how many
copies of the Product Recipient obtains from Microsoft.
If Recipient is downloading the Product from a Microsoft
web site, Recipient may make one (1) additional copy of
the Product onto a CD-ROM to exercise the rights granted
above. 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) Mandatory Activation. The license rights granted under
this EULA may be limited to the first fourteen (14) days
after Recipient first boots the Software Product unless
Recipient activates Recipient's copy of the Software
Product in the manner described during the setup sequence
of the Software Product and, as a result of such
activation, Recipient receives a final confirmation
number for the Software Product. Any use of the Software
Product after the fourteenth (14th) day will require
Recipient's input of such confirmation number.
(c) RECIPIENT'S RIGHT TO USE THE PRODUCT
SHALL BE EFFECTIVE FROM THE DATE
RECIPIENT FIRST INSTALLS ANY PORTION
OF THE PRODUCT ON ANY DEVICE FOR A
PERIOD OF ONE HUNDRED EIGHTY (180)
DAYS. THE PRODUCT IS TIME SENSITIVE
AND WILL NOT FUNCTION UPON EXPIRATION
OF THE 180 DAY PERIOD. NOTICE OF
EXPIRATION WILL NOT ACTIVELY BE
GIVEN, SO RECIPIENT NEEDS TO PLAN FOR
THE EXPIRATION DATE AND MAKE A COPY
OF AND REMOVE RECIPIENT'S IMPORTANT
DATA BEFORE EXPIRATION. If Recipient
desires to use the Product after evaluation is completed,
Recipient will need to acquire a validly licensed copy of
the non-evaluation version of the Product.
(d) 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.
(e) 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.
(f) Recipient's use of software applications installed on or
accessed through the Product's IntelliMirror, Terminal
Services, or application-sharing functionality may
require additional licenses - please consult the license
agreement accompanying such software.
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 to Recipient the Product and Support
Services AS IS AND WITH ALL FAULTS;
and Microsoft and its suppliers hereby disclaim with
respect to the Product and Support Services all
warranties and conditions, whether express, implied or
statutory, including, but not limited to, any (if any)
warranties, duties or conditions of or related to:
merchantability, fitness for a particular purpose, lack
of viruses, accuracy or completeness of responses,
results, workmanlike effort and lack of negligence. ALSO
THERE IS NO WARRANTY, DUTY OR
CONDITION OF TITLE, QUIET ENJOYMENT,
QUIET POSSESSION, CORRESPONDENCE TO
DESCRIPTION OR NON-INFRINGEMENT. THE
ENTIRE RISK ARISING OUT OF USE OR
PERFORMANCE OF THE PRODUCT AND ANY
SUPPORT SERVICES REMAINS WITH
RECIPIENT.
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, PUNITIVE OR CONSEQUENTIAL
DAMAGES WHATSOEVER (INCLUDING, BUT
NOT LIMITED TO, DAMAGES FOR: LOSS OF
PROFITS, LOSS OF CONFIDENTIAL OR
OTHER INFORMATION, BUSINESS
INTERRUPTION, PERSONAL INJURY, LOSS
OF PRIVACY, FAILURE TO MEET ANY DUTY
(INCLUDING OF GOOD FAITH OR OF
REASONABLE CARE), NEGLIGENCE, AND 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 OR THE
SUPPORT SERVICES, OR THE PROVISION OF
OR FAILURE TO PROVIDE SUPPORT
SERVICES, OR OTHERWISE UNDER OR IN
CONNECTION WITH ANY PROVISION OF THIS
AGREEMENT, 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 Recipient 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 actual damages incurred by Recipient based on
reasonable reliance up to the greater of the amount
actually paid by Recipient 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. NOTE ON JAVA SUPPORT. THE SOFTWARE
PRODUCT MAY CONTAIN SUPPORT FOR
PROGRAMS WRITTEN IN JAVA. JAVA
TECHNOLOGY IS NOT FAULT TOLERANT AND
IS NOT DESIGNED, MANUFACTURED, OR
INTENDED FOR USE OR RESALE AS ONLINE
CONTROL EQUIPMENT IN HAZARDOUS
ENVIRONMENTS REQUIRING FAIL-SAFE
PERFORMANCE, SUCH AS IN THE OPERATION
OF NUCLEAR FACILITIES, AIRCRAFT
NAVIGATION OR COMMUNICATION SYSTEMS,
AIR TRAFFIC CONTROL, DIRECT LIFE
SUPPORT MACHINES, OR WEAPONS SYSTEMS,
IN WHICH THE FAILURE OF JAVA
TECHNOLOGY COULD LEAD DIRECTLY TO
DEATH, PERSONAL INJURY, OR SEVERE
PHYSICAL OR ENVIRONMENTAL DAMAGE.
Sun Microsystems, Inc. has contractually obligated
Microsoft to make this disclaimer.
9. 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 non conveniens.
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.
10. 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.
11. EXPORT RESTRICTIONS. Recipient
acknowledges that the Product is subject to U.S. export
jurisdiction. Recipient agrees to comply with all
applicable international and national laws that apply to
these products, including the U.S. Export Administration
Regulations, as well as end-user, end-use and country
destination restrictions issued by U.S. and other
governments. For additional information on exporting
Microsoft products, see
http://www.microsoft.com/exporting/.
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.
EULAID:WB2.3_PERPRO_STD_EN