MICROSOFT SOFTWARE LICENSE
license terms are an agreement between you and Microsoft Corporation (or based
on where you live, one of its affiliates). They apply to the software named
above. The terms also apply to any Microsoft services or updates for the
software, except to the extent those have different terms.
you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS.
install and use any number of copies of the software to develop and test your applications.
THIRD PARTY COMPONENTS. The software may include third party components with
separate legal notices or governed by other agreements, as may be described in
the ThirdPartyNotices file(s) accompanying the software.
REQUIREMENTS AND/OR USE RIGHTS.
CODE. The software is
comprised of Distributable Code. “Distributable Code” is code that you are
permitted to distribute in applications you develop if you comply with the
i. Right to Use and Distribute.
You may copy and distribute the object code form of the software.
Third Party Distribution. You may permit distributors of your applications
to copy and distribute the Distributable Code as part of those applications.
ii. Distribution Requirements. For any
Distributable Code you distribute, you must
use the Distributable Code in your applications and not as a
require distributors and external end users to agree to terms that
protect it at least as much as this agreement; and
indemnify, defend, and hold harmless Microsoft from any claims,
including attorneys’ fees, related to the distribution or use of your applications,
except to the extent that any claim is based solely on the unmodified Distributable
iii. Distribution Restrictions. You may not
use Microsoft’s trademarks in your applications’ names or in a way
that suggests your applications come from or are endorsed by Microsoft; or
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 of code, that (i) it be disclosed or distributed in source code
form; or (ii) others have the right to modify it.
Data Collection. The software may collect
information about you and your use of the software, and send that to Microsoft.
Microsoft may use this information to provide services and improve our products
and services. You may opt-out of many of these scenarios, but not all, as
described in the software documentation. There are also some features in the software that may enable you and
Microsoft to collect data from users of your applications. If you use
these features, you must comply with applicable law, including providing
appropriate notices to users of your applications together with Microsoft’s
privacy statement. Our privacy statement is located at https://go.microsoft.com/fwlink/?LinkID=824704. You can learn more about data
collection and its use from the software documentation and our privacy
statement. Your use of the software operates as your consent to these
Processing of Personal Data. To the extent Microsoft is a
processor or subprocessor of personal data in connection with the software,
Microsoft makes the commitments in the European Union General Data Protection
Regulation Terms of the Online Services Terms to all customers effective May
25, 2018, at https://docs.microsoft.com/en-us/legal/gdpr.
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
work around any technical
limitations in the software;
reverse engineer, decompile or
disassemble the software, or otherwise attempt to derive the source code for
the software, except and to the extent required by third party licensing terms
governing use of certain open source components that may be included in the
remove, minimize, block or modify
any notices of Microsoft or its suppliers in the software;
use the software in any way that
is against the law; or
share, publish, rent or lease the
software, provide the software as a stand-alone offering for others to use, or
transfer the software or this agreement to any third party.
Restrictions. You must comply with all domestic and international
export laws and regulations that apply to the software, which include
restrictions on destinations, end users, and end use. For further information
on export restrictions, visit www.microsoft.com/exporting.
SERVICES. Because this software is “as is,” we may not provide
support services for it.
agreement, and the terms for supplements, updates, Internet-based services and
support services that you use, are the entire agreement for the software and
9. Applicable Law. If you acquired the software in the United States, Washington law
applies to interpretation of and claims for breach of this agreement, and the
laws of the state where you live apply to all other claims. If you acquired the
software in any other country, its laws apply.
10. CONSUMER RIGHTS; REGIONAL VARIATIONS. This agreement describes certain legal rights. You
may have other rights, including consumer rights, under the laws of your state
or country. Separate and apart from your relationship with Microsoft, you may
also have rights with respect to the party from which you acquired the
software. This agreement does not change those other rights if the laws of your
state or country do not permit it to do so. For example, if you acquired the
software in one of the below regions, or mandatory country law applies, then
the following provisions apply to you:
a) Australia. You have statutory guarantees under the Australian Consumer
Law and nothing in this agreement is intended to affect those rights.
b) Canada. If you acquired this software in Canada, you may stop
receiving updates by turning off the automatic update feature, disconnecting
your device from the Internet (if and when you re-connect to the Internet,
however, the software will resume checking for and installing updates), or uninstalling
the software. The product documentation, if any, may also specify how to turn
off updates for your specific device or software.
c) Germany and Austria.
(i) Warranty. The software will perform
substantially as described in any Microsoft materials that accompany it.
However, Microsoft gives no contractual guarantee in relation to the software.
(ii) Limitation of Liability. In case of
intentional conduct, gross negligence, claims based on the Product Liability
Act, as well as in case of death or personal or physical injury, Microsoft is
liable according to the statutory law.
Subject to the foregoing clause (ii), Microsoft will only
be liable for slight negligence if Microsoft is in breach of such material
contractual obligations, the fulfillment of which facilitate the due
performance of this agreement, the breach of which would endanger the purpose
of this agreement and the compliance with which a party may constantly trust in
(so-called "cardinal obligations"). In other cases of slight negligence,
Microsoft will not be liable for slight negligence
11. Disclaimer of Warranty. THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR THE RISK
OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS.
TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
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 (a)
anything related to the software, services, content (including code) on third
party Internet sites, or third party applications; and (b) claims for breach of
contract, breach of warranty, guarantee or condition, strict liability,
negligence, or other tort to the extent permitted by applicable law.
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 state or country may not allow the exclusion or limitation of incidental,
consequential or other damages.