254 lines
12 KiB
Plaintext
254 lines
12 KiB
Plaintext
This is a legal agreement(Agreement) between you (either an
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individual or an entity), the end user (Recipient), and
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Microsoft Corporation (Microsoft). BY INSTALLING, COPYING
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OR OTHERWISE USING THE PRODUCT (AS DEFINED BELOW),
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YOU AGREE TO BE BOUND BY THE TERMS OF THIS
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AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF
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THIS AGREEMENT, DO NOT INSTALL, COPY OR USE THE PRODUCT.
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MICROSOFT LICENSE AND NON-DISCLOSURE AGREEMENT
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for Microsoft Windows 2000 Datacenter Server Pre-Release Code
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1. GRANT OF LICENSE.
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(a) Solely for internal testing and for the
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purpose of providing feedback thereon to Microsoft, Microsoft
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grants Recipient a limited, non-exclusive, non-assignable
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nontransferable, royalty-free license to: (i) install and
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use four (4) copies of the server software component of the
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software accompanying this agreement (the "Product") on
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computers residing on Recipient's premises (a computer
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running the server software component of the Product shall
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be referred to as the Server), and (ii) install and use an
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unlimited number of copies of the client software
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components of the Product (including any profiles created
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using the Product), on client computers residing on
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Recipient's premises and connected to a Server. All other
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rights are reserved to Microsoft. Recipient shall not
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rent, lease, sell, sublicense, assign, or otherwise transfer
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the Product or any accompanying printed materials
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("Documentation"). Recipient may not reverse engineer or
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decompile the Product, except to the extent that local law
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expressly prohibits the foregoing restriction. Recipient
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may not use the Product in a live operating environment
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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
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as specifically stated herein.
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(b) Recipient agrees to provide reasonable
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feedback to Microsoft, including but not limited to
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usability, bug reports and test results, with respect to
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the testing of the Product. Recipient will use reasonable
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efforts to review and comment on all documentation supplied.
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All bug reports, test results and other feedback made by
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Recipient shall be the property of Microsoft and may be
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used by Microsoft for any purpose it sees fit. Due to the
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nature of the development work, Microsoft is not certain
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if errors or discrepancies in the Product may be corrected.
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(c) Recipient may disclose the Product only to
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its employees who have a need to know and have access to
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the Product in order to assist in Recipient's testing of
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the Product, provided that (1) such employee's use of the
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Product takes place solely at Recipient's site and (2)
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Recipient has executed appropriate written agreements with
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such employees sufficient to enable it to comply with the
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terms of this Agreement. Upon Microsoft's request,
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Recipient shall provide to Microsoft a list of all employees
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granted access to the Product hereunder.
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(d) The Product may contain Windows NetMeeting,
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technology that enables applications to be shared between
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two or more computers, even if an application is installed
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on only one of the computers. Recipient may use this
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technology (as permitted in Section 1(a) above), with all
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Microsoft application products for multi-party conferences.
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For non-Microsoft applications, Recipient should consult
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the accompanying license agreement or contact the licensor
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to determine whether application sharing is permitted by
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the licensor.
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Note Regarding Windows 95 and Windows 98 Client Software.
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The Product may include Windows 95 and Windows 98 client
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software. This Agreement does not give you any rights to
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install or use copies of the Windows 95 or Windows 98
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operating systems. You must purchase a separate license
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to acquire such rights.
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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
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in writing at any time, with or without cause. This
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Agreement will terminate without notice upon the commercial
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release of the Product. Upon the termination of this
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Agreement, Recipient shall promptly return to Microsoft, or
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certify destruction of, all full or partial copies of the
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Product and related materials provided by Microsoft.
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Section 5 shall survive termination or expiration of this
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Agreement with respect to any information that has not been
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made public by Microsoft as of the commercial release of
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the Product.
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3. COST OF TESTING. There is no charge to Recipient
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for testing of the Product. Microsoft shall bear all
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transportation expenses relating to the shipment of the
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Product to Recipient's place of business. If Recipient
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returns the Product, Recipient will pay the return
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transportation expense.
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4. SUPPORT/MAINTENANCE. Microsoft is not obligated to
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provide maintenance, updates, technical or other support
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for the Product. However, limited technical support
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(Support Services), if noted in the materials provided to
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Recipient by Microsoft, may be available. Use of any such
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Support Services is governed by the Microsoft policies and
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programs described in "online" documentation, and/or in
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other Microsoft-provided materials. Any supplemental
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software code provided to Recipient as part of the Support
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Services shall be considered part of the Product and
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subject to the terms and conditions of this Agreement. With
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respect to technical information Recipient provides to
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Microsoft as part of the Support Services, Microsoft may
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use such information for its business purposes, including
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for product support and development. Microsoft will not
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utilize such technical information in a form that
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personally identifies Recipient. Such limited Support
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Services may not be available in all countries outside the
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United States and will be discontinued once the Product is
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commercially released. In no event shall Microsoft be
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obligated to provide Recipient, free of charge, a copy of
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the commercial release version of the Product in connection
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with Recipient's participation in the testing program.
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Microsoft is not obligated to make the Product commercially
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available.
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5. CONFIDENTIALITY. The Product, including its
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features, is proprietary and confidential information to
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Microsoft and its suppliers. Recipient agrees not to
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disclose or provide the Product, documentation, or any
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information relating to the Product (including features or
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the results of use or testing) to any third party except
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as expressly provided herein without Microsoft's express
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written permission. However, Recipient may disclose
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Confidential Information in accordance with judicial or
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other governmental order, provided Recipient shall give
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Microsoft reasonable notice prior to such disclosure and
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shall comply with any applicable protective order or
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equivalent. Recipient shall not be liable to Microsoft for
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such information which Recipient can prove (1) is already
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known to Recipient; (2) becomes publicly known through no
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wrongful act of Recipient; (3) is rightfully received from
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a third party without similar restriction and without
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breach of this Agreement; or (4) is independently developed
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by Recipient. This provision shall survive the termination
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or expiration of this Agreement.
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6. 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
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AS IS AND WITH ALL FAULTS, and hereby disclaim all
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warranties and conditions, either express, implied or
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statutory, including, but not limited to, any (if any)
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implied warranties or conditions of merchantability, of
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fitness for a particular purpose, of lack of viruses, of
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accuracy or completeness of responses, of results, and of
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lack of negligence or lack of workmanlike effort, all with
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regard to the Product, and the provision of or failure to
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provide Support Services.
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ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE,
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QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE
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TO DESCRIPTION OR NON-INFRINGEMENT, WITH REGARD
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TO THE PRODUCT. THE ENTIRE RISK AS TO THE QUALITY
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OF OR 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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7. 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,
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indirect, or consequential damages whatsoever (including,
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but not limited to, damages for loss of profits or
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confidential or other information, for business
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interruption, for personal injury, for loss of privacy,
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for failure to meet any duty including of good faith or of
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reasonable care, for negligence, and for any other pecuniary
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or other loss whatsoever) arising out of or in any way
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related to the use of or inability to use the Product, the
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provision of or failure to provide Support Services, or
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otherwise under or in connection with any provision of
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Agreement, even in the event of the fault, tort (including
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negligence), strict liability, breach of contract or breach
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of warranty of Microsoft or any supplier, and even if
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Microsoft or any supplier has been advised of the
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possibility of such damages.
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8. 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
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damages referenced above and all direct or general damages),
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the entire liability of Microsoft and any of its suppliers
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under any provision of this Agreement and your exclusive
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remedy for all of the foregoing shall be limited to the
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greater of the amount actually paid by you for the Product
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or 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
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purpose.
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9. GOVERNING LAW; ATTORNEYS<59> FEES.
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This Agreement shall be construed and controlled by the laws
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of 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
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Recipient employs attorneys to enforce any rights arising
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out of or relating to this Agreement, the prevailing party
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shall be entitled to recover reasonable attorneys' fees.
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10. U.S. GOVERNMENT RESTRICTED RIGHTS.
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The Product and Documentation provided to the U.S.
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Government pursuant to solicitations issued on or after
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December 1, 1995 is provided with the commercial rights and
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restrictions described elsewhere herein. Product and
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Documentation provided to the U.S. Government pursuant to
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solicitations issued prior to December 1, 1995 is provided
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with RESTRICTED RIGHTS as provided for in
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FAR, 48 CFR 52.227-14 (JUNE 1987) or
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DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
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11. 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
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U.S. export restrictions. Recipient specifically agrees
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not to export or re-export the Product or Documentation
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(i) to any country to which the U. S. has embargoes or
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restricted the export of goods or services which currently
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include but are not necessarily limited to Cuba, Iran,
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Iraq, Libya, North Korea, Sudan and Syria, or to any
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national of any such country, wherever located, who intends
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to transmit or transport the Product or Documentation back
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to such country; (ii) to any person or entity who
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Recipient knows or has reason to know will utilize the
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Product and Documentation in the design, development or
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production of nuclear chemical or biological weapons; or
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(iii) to any person or entity who has been prohibited from
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participating in U.S. export transactions by any federal
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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,
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One Microsoft Way, Redmond, WA 98052-6399.
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