MICROSOFT PRE-RELEASE SOFTWARE LICENSE TERMS
MICROSOFT WINDOWS VISTA RELEASE CANDIDATE 1
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
· updates,
· supplements,
· 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. INSTALLATION AND USE RIGHTS.
a. You may install and use any number of copies of the software on your
premises to design, develop and test your programs for use with the
software. You may use as many copies of the software as the product key
permits.
b. You may not test the software in a live operating environment unless
Microsoft permits you to do so under another agreement.
c. Time-Sensitive Software. The software will stop running on 31/05/2007.
You will not receive any other notice. You may not be able to access data
used with the software when it stops running.
d. Font Components. 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 the embedding restrictions in the
fonts; and
· Temporarily download them to a printer or other output device to help
print content.
e. Icons and other visual assets. Subject to these license terms, you may
not copy or modify the images and other visual assets in the software for
any other purpose.
2. POTENTIALLY UNWANTED SOFTWARE. The software will search your computer
for "spyware," "adware" and other potentially unwanted software
("Potentially Unwanted Software"). If it finds Potentially Unwanted
Software, the software will ask you if you want to ignore, disable
(quarantine) or remove it. The software will only remove or disable
Potentially Unwanted Software as you instruct it. Removing or disabling the
Potentially Unwanted Software may cause other software on your computer to
stop working, and it may cause you to breach a license to use other software
on your computer, if the other software installed the Potentially Unwanted
Software on your computer as a condition of your use of the other software.
You should read the license agreements for other software before authorizing
the removal of any Potentially Unwanted Software. By using this software,
it is possible that you will also remove or disable software that is not
Potentially Unwanted Software. You are solely responsible for selecting
which Potentially Unwanted Software the software removes or disables.
3. 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 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, see
http://go.microsoft.com/fwlink/?LinkId=34493. 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. 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 Digital Rights Management. Content owners use Windows Media
digital rights management technology (WMDRM) to protect their intellectual
property, including copyrights. This 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 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
www.microsoft.com/windows/windowsmedia/mp10/privacy.aspx.
· Customer Experience Improvement Program (CEIP) and Error Reports. This
software uses CEIP, which automatically sends to Microsoft anonymous
information about your hardware and how you use this software. This
software also automatically sends error reports to Microsoft that describe
which software components had errors. No files or memory dumps will be sent
unless you choose to send them. From time-to-time, we will also download a
small file to your computer that permits us to collect information about
specific errors you have while using the software. For more information
about CEIP, see
www.ceip.microsoft.com. For more information about Error
Reports, see
http://go.microsoft.com/fwlink/?LinkId=34493.
· Malicious Software Removal/Clean On Upgrade. Before installation of the
software, the software will check your device for certain malicious software
listed at
www.support.microsoft.com/?kbid=890830 ("Malware") and if
detected, the software will remove Malware from your device. This software
is updated periodically through Automatic updates. To detect and remove
future Malware from your device, you will need to run the Malware component
of this software each time it is updated. When the software checks your
device for Malware, a report will be sent to Microsoft about any Malware
detected or errors that occur while the software is checking for Malware.
No information that can be used to identify you is included in the report.
If you choose, the software's Malware reporting functionality can be
disabled by following the instructions found at
www.support.microsoft.com/?kbid=890830. If you receive updates via
Automatic Updates, you will only be able to stop receiving updates to this
software if you turn off Automatic Updates entirely.
· Updated Definition Files. When you install the software, or when you use
the software, you may choose to obtain updated Potentially Unwanted Software
definitions automatically when you connect to the Internet. The software
uses the updated definitions to detect new Potentially Unwanted Software.
· SpyNet. When you install the software, or when you use the software, you
may choose to share information about Potentially Unwanted Software and
their signatures with SpyNet. SpyNet is a network community that connects
users of the software together to identify and share information about
Potentially Unwanted Software and signatures. This community reports
potential threats identified by features in the software to the SpyNet
servers that catalog and update the system to help protect users of the
software from new spyware threats.
· Phishing Filter. This software can warn you if the website you are
visiting might be impersonating a trusted website. For more information go
to
http://go.microsoft.com/fwlink/?linkid=20615.
· Network Connectivity Status Icon. This feature determines whether a system
is connected to a network by either passive monitoring of network traffic or
active DNS or HTTP queries. The query only transfers standard TCP/IP or DNS
information for routing purposes. You can switch off the active query
feature through a registry setting.
ii. Use of Information. We may use the computer information, error reports,
CEIP information, and Malware reports, 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 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.
4. MANDATORY ACTIVATION. To prevent its unlicensed use, you will not be
able to use the software if you do not activate it as described during
installation. You can activate the software by Internet or telephone;
Internet and telephone service charges may apply. Some changes to your
computer components or the software may require you to reactivate the
software. The software will remind you to activate until you do.
5. PRODUCT KEYS. The software requires a key to install or access it. You
are responsible for the use of keys assigned to you. You should not share
the keys with third parties.
6. PRE-RELEASE SOFTWARE. This software is a pre-release version. It 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.
7. FEEDBACK. Because this is pre-release software, you agree to 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. MICROSOFT .NET FRAMEWORK BENCHMARK TESTING. The software includes the
..NET Framework component of the Windows operating systems (".NET
Component"). You may conduct internal benchmark testing of the .NET (".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.
NOTICE: APPLICATIONS AND SERVICES BUILT WITH MICROSOFT VISUAL 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, INC.
9. 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, other than
the Microsoft .NET Framework (see separate term above), 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;
· use the Potentially Unwanted Software definitions separately from the
software; or
· use the software for commercial software hosting services.
10. Notice About 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.
11. 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.
12. SUPPORT SERVICES. Because this software is "as is," we may not provide
support services for it.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
EULAID:VISTA_RC.0_PRO_NRL_en-US
