MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT VISUAL STUDIO PROFESSIONAL 2013 AND TRIAL EDITION
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 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. INSTEAD, RETURN IT TO THE RETAILER FOR A REFUND OR CREDIT. If you cannot obtain a refund there, contact Microsoft or the Microsoft affiliate serving your country for information about Microsoft’s refund policies. See www.microsoft.com/worldwide. In the United States and Canada, call (800) MICROSOFT or see www.microsoft.com/info/nareturns.htm.
AS DESCRIBED BELOW, USING THE SOFTWARE ALSO OPERATES AS YOUR CONSENT TO THE TRANSMISSION OF CERTAIN COMPUTER INFORMATION DURING ACTIVATION, VALIDATION AND USE OF INTERNET-BASED SERVICES.
OVERVIEW OF TRIAL EDITION. If the software is a trial edition, then this Section applies to your use of the trial edition.
A. INSTALLATION AND USE OF TRIAL EDITION. You may install and use any number of copies of the trial edition on your devices. You may only use the trial edition for internal evaluation purposes during the trial period. You may not deploy any applications to a production environment. You may run load tests of up to 250 virtual users during the trial period.
B. TRIAL PERIOD AND CONVERSION. The length of the trial period is thirty (30) days. After the expiration of the trial period the trial edition will stop running. You will receive periodic warnings that the trial period is about to expire. You may extend the trial period an additional sixty (60) days by registering. You may not be able to access data used with the trial edition when it stops running. You may convert your trial rights at any time to the full-use rights described below by acquiring a valid full-use license.
C. Sections 1–3(d), 4, 10-14, 18, 19, 21, 22 and the Limited Warranty in the full-use license section of this agreement below do not apply to the trial edition. The following sections D-F below apply to the trial edition.
D. DISCLAIMER OF WARRANTY. THE TRIAL EDITION 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.
FOR AUSTRALIA – You have statutory guarantees under the Australian Consumer Law and nothing in these terms is intended to affect those rights.
E. Because the trial edition is “as is,” we may not provide support services for it.
F.
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 trial edition, 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.
TERMS FOR FULL-USE LICENSE FOR THE SOFTWARE: When you acquire the full-use license of the software named above, all of the license terms below apply.
IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW FOR EACH LICENSE YOU ACQUIRE.
1. OVERVIEW.
a.
Software. The software includes development tools, software
programs and documentation.
b.
License Model. The software is licensed on a per user basis.
2. INSTALLATION AND USE RIGHTS.
a.
General. One user may install and use copies of the software to
design, develop, test and demonstrate your programs. You may not use the
software on a server in a production environment.
b.
Product Keys and Access
Credentials. The software allows you
to access services and features using your Microsoft account or other supported
login credentials. You are responsible for the use of product keys assigned to
you and access to services and features using your login credentials. You may
not share the product keys or login credentials with other individuals.
3. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
a.
Separation of Components. The components of the software are licensed as a single
unit. You may not separate the components and install them on different devices
except as otherwise stated in this agreement.
b.
Utilities. The software contains certain components that are
identified in the Utilities List located at http://go.microsoft.com/fwlink/?LinkId=313603.
Depending on the specific edition of the software, the number of Utility files
you receive with the software may not be equal to the number of Utilities
listed in the Utilities List. You may copy and install the Utilities you
receive with the software on to other third party machines. These Utilities may
only be used to debug and deploy your programs and databases you have developed
with the software. You must delete all the Utilities installed onto such other
machines within the earlier of (i) when you have finished debugging or
deploying your programs; or (ii) thirty (30) days after installation of the
Utilities on those machines.
c.
Build Server. The software contains certain components that are
identified in the Build Server List located at http://go.microsoft.com/fwlink/?LinkId=313603.
You may install copies of the files listed in it, onto your build machines. You
and others in your organization may use these files on your build machines
solely for the purpose of compiling, building, verifying and archiving your
programs or to run quality or performance tests as part of the build process on
your build machines.
d. Font Components. While the software is running, you may use its fonts 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.
Included Microsoft Programs. These license terms apply to all Microsoft programs
included with the software, except as otherwise noted in this agreement or in
the ThirdPartyNotices file accompanying the software.
f.
Third Party Notices. Additional copyright notices and license terms
applicable to portions of the software are set forth in the ThirdPartyNotices
file accompanying the Microsoft software. In addition to any terms and
conditions of any third party license identified in the ThirdPartyNotices file,
the disclaimer of warranty and limitation on and exclusion of remedies and
damages provisions of this agreement shall apply to all software in this
distribution.
4.
DISTRIBUTABLE CODE. The software contains code that you are permitted to
distribute in programs you develop if you comply with the terms below. (For
this Section the term “distribution” also means deployment of your programs for
third parties to access over the Internet.)
a.
Right to Use and Distribute. The code and text files listed below are “Distributable
Code.”
·
REDIST.TXT Files. You may copy and distribute the object code form of
code listed on the REDIST list located at http://go.microsoft.com/fwlink/?LinkId=313603.
·
Sample Code. You may copy, modify and distribute the source and
object code form of code marked as “sample.”
·
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.
·
Blend Site Templates for Visual
Studio. The software contains code
marked as “site templates” that you are permitted to use along with your
content. You may copy, modify, and distribute the source and object code form
of these site templates.
·
Blend Fonts for Visual Studio. You may distribute unmodified copies of the Buxton
Sketch font, SketchFlow Print font and SegoeMarker font.
·
Blend Styles for Visual Studio. You may copy, modify and distribute the object code
form of code identified as “Sketch” or “Simple” Styles.
·
Silverlight 5 SDK Libraries. You may copy and distribute the object code form of
code marked as “Silverlight Libraries”, “Client Libraries”, and “Server
Libraries.”
· ASP.NET and Web Tooling Extensions .js Files. You may copy, modify and distribute any .js files contained in the ASP.NET Model View Controller, ASP.NET Web Pages or in the Web Tooling Extensions project templates and NuGet packages as part of your ASP.NET programs.
·
·
Visual Studio LightSwitch
Project Templates. You may modify,
copy, and distribute the .js files contained in the Visual Studio LightSwitch
project templates as part of your LightSwitch programs.
·
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:
·
add significant primary
functionality to it in your programs;
·
for any Distributable Code having a
filename extension of .lib, distribute only the results of running such
Distributable Code through a linker with your program;
·
distribute Distributable Code
included in a setup program only as part of that setup program without
modification;
· require distributors and external end users to agree to
terms that protect the Distributable Code at least as much as this agreement;
·
display your valid copyright notice
on your programs; and
·
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:
·
alter any copyright, trademark or
patent notice in the Distributable Code;
·
use Microsoft’s trademarks in your
programs’ names or in a way that suggests your programs come from or are
endorsed by Microsoft;
·
distribute Distributable Code to
run on a platform other than Microsoft operating systems, run-time technologies,
or application platforms, except that JavaScript, CSS and HTML files included
for use in websites and web applications (as opposed to Windows Library for
JavaScript files covered in Section 4.d below) may be distributed to run on any
platform;
·
include Distributable Code in
malicious, deceptive or unlawful programs; 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, that
§
the code be disclosed or
distributed in source code form; or
§
others have the right to modify it.
d.
Windows Library for JavaScript. The software includes Windows Library for JavaScript.
In addition to the other provisions of this Distributable Code section, the
following also applies to your programs that work in conjunction with Windows
Library for JavaScript. The Windows Library for JavaScript files help your
programs implement the Windows design template and UI look and feel. You may
copy, use and distribute these files, without modification, in programs you
develop for your internal use or in programs that you develop and distribute to
third parties. You may distribute programs containing the Windows Library for
JavaScript files only through the Windows Store and not by any other means.
e. Additional Licensing Requirements and/or Distribution Rights for Features Made Available with the Software:
·
Bing Maps. The software may include features that retrieve
content such as maps, images and other data through the Bing Maps (or successor
branded) application programming interface (the “Bing Maps API”) to create
reports displaying data on top of maps, aerial and hybrid imagery. If these
features are included, you may use these features to create and view dynamic or
static documents only in conjunction with and through methods and means of
access integrated in the software. You may not otherwise copy, store, archive,
or create a database of the content available through the Bing Maps API. You
may not use the Bing Maps API to provide sensor based guidance/routing, nor use
any Road Traffic Data or Bird’s Eye Imagery (or associated metadata) even if
available through the Bing Maps API for any purpose.
·
Additional Mapping APIs. The software may include application programming
interfaces that provide maps and other related mapping features and services
that are not provided by Bing (the “Additional Mapping APIs”). These Additional
Mapping APIs are subject to additional terms and conditions and may require
payment of fees to Microsoft and/or third party providers based on the use or
volume of use of such Additional Mapping APIs. These terms and conditions will
be provided when you obtain any necessary license keys to use such Additional
Mapping APIs or when you review or receive documentation related to the use of
such Additional Mapping APIs.
· Windows.Phone.Speech namespace API. Using speech recognition functionality via the
Windows.Phone.Speech namespace APIs in a program requires the support of a
speech recognition service. The service may require network connectivity at the
time of recognition (e.g., when using a predefined grammar). In addition, the
service may also collect speech-related data in order to provide and improve
the service. The speech-related data may include, for example, information
related to grammar size and string phrases in a grammar.
Also,
in order for a user to use speech recognition on the phone they must first
accept certain terms of use. The terms of use notify the user that data related
to their use of the speech recognition service will be collected and used to
provide and improve the service. If a user does not accept the terms of use and
speech recognition is attempted by the application, the operation will not work
and an error will be returned to the application.
·
Location Framework. The software may contain a location framework
component that enables support of location services in programs. In addition to
the other limitations in this agreement, you must comply with all applicable
local laws and regulations when using the location framework component or the
rest of the software.
·
Device ID Access. The software may contain a component that enables
programs to access the device ID of the device that is running the program. In
addition to the other limitations in this agreement, you must comply with all
applicable local laws and regulations when using the device ID access component
or the rest of the software.
·
PlayReady Support. The software includes the Windows Phone Emulator,
which contains Microsoft’s PlayReady content access technology. Content owners
use Microsoft PlayReady content access technology to help protect their
intellectual property, including copyrighted content. This software uses
PlayReady technology to access PlayReady-protected content and/or Microsoft
Digital Rights Management (DRM) protected content. Microsoft may decide to
revoke the software’s ability to consume PlayReady-protected content for
reasons including but not limited to (i) if a breach or potential breach of
PlayReady technology occurs, (ii) proactive robustness enhancement, and (iii)
if content owners require the revocation because the software fails to properly
enforce restrictions on content usage. Revocation should not affect unprotected
content or content protected by other content access technologies. Content
owners may require you to upgrade PlayReady to access their content. If you
decline an upgrade, you will not be able to access content that requires the
upgrade and may not be able to install other operating system updates or
upgrades.
· Microsoft Advertising SDK. If you pass precise location data or other user related data (e.g., user identifier, profile data, behaviorally tracked user data) to the Microsoft Advertising SDK for Windows Phone, then your program must (a) notify end users that it will be collecting and using user related information and providing this information to Microsoft for Microsoft’s advertising use, and (b) explicitly obtain affirmative user consent (e.g. the user must click an “Accept” or continue “Install” button) for this upon download of the software and/or application. In addition, you agree to: (a) comply with certification and other requirements for Windows Phone; (b) comply with Microsoft’s privacy and other policies in your collection and use of any user data; (c) not collect or use any user identifier created or provided to you by Microsoft for any purpose other than passing such identifier to a Microsoft advertising service as part of your use of the service; and (d) provide in your privacy policy and/or terms of use a link that provides users with the ability to opt out of Microsoft interest based advertising at the following location https://choice.live.com/AdvertisementChoice/.
5. DATA.
a.
Consent for Internet-Based
Services. Microsoft provides
Internet-based services with the software. It may change or cancel them at any
time. The software features described below and in the Visual Studio 2013
privacy statement 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=286720.
BY USING THESE FEATURES, YOU CONSENT TO THE TRANSMISSION OF THIS
INFORMATION. Microsoft does not use the information to identify or contact
you.
·
Extensions and Updates; and New
Project Dialog. Extensions and
Updates; and New Project Dialog can retrieve other software through the
Internet from Visual Studio Gallery, Microsoft Download Center and MSDN Samples
websites. To provide this other software, Extensions and Updates; and New
Project Dialog send to Microsoft the name and version of the software you are
using and language code of the device where you installed the software. In
addition, Extensions and Updates 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=286720.
You may turn off this automatic update feature while the software is running
(“opt out”). Unless you expressly opt out of this feature, the 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, operating
system, the name and version of the software you are using and language code of
the device where you installed the software, and (c) prompt you to download
and/or install, current updates to the software or other third party software.
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.
·
Notification Tool Window. The software includes a notification tool window. When
connected to the Internet, technologies that use the notification tool window
may provide information related to extensions and other software or services
that you have installed or opted into and display those updates to you. For
more information please see the privacy statement http://go.microsoft.com/fwlink/?LinkId=286720.
·
Really Simple Syndication
(“RSS”) Feed. This software start page
contains updated content that is supplied by means of an RSS feed online from
Microsoft.
·
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, help, and Appshelp. You may choose not to
use these web content features.
·
Package Manager Features. For more information about these features, see the
privacy statement available at go.microsoft.com/fwlink/?LinkId=205205.
With respect to these package manager features, Microsoft or the third party
service provider may use the computer information obtained through your use of
these features, to improve its software and services. Microsoft or such third
party may also share this information with others, such as hardware and
software vendors that may use the information to improve how their products run
with Microsoft software.
§
Open Data Protocol (OData) Service.
The Microsoft NuGet-Based Package Manager and the package manager feature of
Microsoft ASP.NET Web Pages will access a list of packages made available by
Microsoft and third party service providers that is accessed by means of an
OData service online located at go.microsoft.com/fwlink/?LinkID=206669.
You may change the feed URL that the package manager feature initially points
to at any time at your discretion.
·
Digital Certificates. The software uses digital certificates. These digital
certificates confirm the identity of Internet users sending X.509 standard
encrypted information. They also can be used to digitally sign files and macros
to verify the integrity and origin of the file contents. The software retrieves
certificates and updates certificate revocation lists using the Internet, when
available.
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.
b.
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.
·
Visual Studio Experience
Improvement Program. This software
uses the Visual Studio Experience Improvement Program (“VSEIP”) which is on by
default. VSEIP helps Microsoft collect information about problems that you have
while using the software. Microsoft also uses VSEIP Information to improve its
software and services. Microsoft may also share VSEIP data with others, such as
agents acting on Microsoft’s behalf and hardware and software vendors to
improve how their products run with Microsoft software. To learn more about
VSEIP, including how you can opt out, see go.microsoft.com/fwlink/?LinkId=286720.
·
Data Collected Automatically. Microsoft automatically collects information
identifying your installed Microsoft product, the operating system of the
device, the CPU architecture of the operating system and data regarding the
success or failure of the installation of the software, data identifying the
cause of a crash in the product and information about the product license which
is in use. Microsoft does not use this information to identify or contact you.
For more information about privacy, see http://go.microsoft.com/fwlink/?LinkId=286720.
c.
Microsoft Accounts in Visual
Studio. If you are running the
software on Windows 8, Windows 7 with sign-in assistant, or any other version
of Windows that supports providing a Microsoft account directly to the software
and you are signed into a Microsoft account in those versions of Windows, you
may automatically be signed into the software and Visual Studio services
accessed by the software using the same Microsoft account. This allows you to
access services within the software and roam the software’s settings without
being asked to reenter your Microsoft account credentials each time you start
the software. For more information about signing into the software and the
services available therein with a Microsoft account, see the privacy statement http://go.microsoft.com/fwlink/?LinkId=286720.
d.
Use of Information. Microsoft may use the computer and services information
to improve its software and services. Microsoft 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.
6.
MICROSOFT .NET FRAMEWORK
BENCHMARK TESTING. The software
includes one or more components of the .NET Framework (“.NET Components”). You
may conduct internal benchmark testing of those components. You may disclose
the results of any benchmark test of those components, provided that you comply
with the conditions set forth at go.microsoft.com/fwlink/?LinkID=66406.
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 applicable .NET Component, provided it complies with the same
conditions set forth at go.microsoft.com/fwlink/?LinkID=66406.
7.
OTHER INCLUDED MICROSOFT
SOFTWARE COMPONENTS:
·
Microsoft SQL Server, Microsoft
SharePoint, Windows Software Development Kit (Windows SDK) and Components of
Microsoft Office. The software is
accompanied by Microsoft SQL Server software, Microsoft SharePoint software,
including SharePoint Windows Identity Foundation Extensions, Windows SDKs and
certain components of Microsoft Office software, which are all licensed to you
under their own terms. The license terms for these software components are
located in the “Licenses” folder of the software installation directory. If you
do not agree to the license terms for these software components, you may not
use them.
·
Windows Components. The software includes Microsoft .NET Framework
software, certain .dll’s related to Microsoft Build technologies, Windows
Identity Foundation, Windows Web Services (WWS) for Windows 2008 and Windows
Library for JavaScript components. These software components are part of
Windows and are licensed to you under separate Windows license terms or as a
supplement to a Windows license. The product lifecycle support and license
terms for the applicable Windows product apply to your use of these Windows
components.
·
Microsoft Components Provided
for Use with the Software. The
software includes compilers, languages, runtimes, environments, and other
resources that enable development for many Microsoft platforms. As a
convenience to our Visual Studio customers, the software may install certain
Microsoft SDKs and other Microsoft components that target and support those
platforms. These components may be licensed and supported under their own terms
and policies. The license terms for these software components are located in
the “Licenses” folder of the software installation directory. If you do not
agree to the license terms for these software components, you may not use them.
8.
PACKAGE MANAGER AND THIRD PARTY
SOFTWARE INSTALLATION FEATURES. The
software includes the following features (each a “Feature”), each of which
enables you to obtain software applications or packages through the Internet from
other sources: Extension Manager, New Project Dialog, Web Platform Installer,
Microsoft NuGet-Based Package Manager, and the package manager feature of
Microsoft ASP.NET Web Pages. Those software applications and packages available
through the Features are offered and distributed in some cases by third parties
and in some cases by Microsoft, but each such application or package is
licensed to you under its own terms. Microsoft is not distributing or licensing
any of the third-party applications or packages to you, but instead, as a
convenience, enables you to use the Features to access or obtain those
applications or packages directly from the third-party application or package
providers. By using the Features, you acknowledge and agree that:
·
you are obtaining the applications
or packages from such third parties and under separate license terms applicable
to each application or package (including, with respect to the package-manager
Features, any terms applicable to software dependencies that may be included in
the package).
·
MICROSOFT MAKES NO
REPRESENTATIONS, WARRANTIES OR GUARANTEES AS TO THE FEED OR GALLERY URL, ANY
FEEDS OR GALLERIES FROM SUCH URL, THE INFORMATION CONTAINED THEREIN, OR ANY
SOFTWARE APPLICATIONS OR PACKAGES REFERENCED IN OR ACCESSED BY YOU THROUGH SUCH
FEEDS OR GALLERIES. MICROSOFT GRANTS YOU NO LICENSE RIGHTS FOR THIRD-PARTY
SOFTWARE APPLICATIONS OR PACKAGES THAT ARE OBTAINED USING THE FEATURES.
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. For more information, see www.microsoft.com/licensing/userights.
You may not
·
disclose the results of any
benchmark tests of the software to any third party without Microsoft’s prior
written approval, however, this does not apply to the Microsoft .NET Framework
(see Section 6);
·
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
solely to the extent: (i) permitted by applicable law, despite this limitation;
or (ii) required to debug changes to any libraries licensed under the GNU
Lesser General Public License which are included with and linked to by the
software;
·
remove, minimize, block or modify
any logos, trademarks, copyright, digital watermarks, or other notices of
Microsoft or its suppliers that are included in the software, including any
content made available to you through the software;
·
share or otherwise distribute
documents, text or images created using the software Data Mapping Services
features;
·
make more copies of the software
than specified in this agreement or allowed by applicable law, despite this
limitation;
·
publish the software, including any
application programming interfaces included in the software, for others to
copy;
·
use the software in any way that is
against the law;
·
rent, lease or lend the software;
or
·
use the software for commercial
software hosting services.
10. BACKUP COPY.
a.
Media. If you acquired the software on a disc or other media,
you may make one backup copy of the media. You may use it only to reinstall the
software on your devices.
b.
Electronic Download. If you acquired and downloaded the software online, you
may make one copy of the software on a disc or other media in order to install
the software on your devices. You may also use it to reinstall the software on
your devices.
11. DOCUMENTATION. Any
person that has valid access to your computer or internal network may copy and
use the documentation for your internal, reference purposes.
12. NOT FOR RESALE SOFTWARE. You may not sell software marked as “NFR” or “Not for
Resale.”
13. DOWNGRADE. You
may install and use this version and an earlier version of the software at the
same time. This agreement applies to your use of the earlier version. If the
earlier version includes different components, any terms for those components
in the agreement that comes with the earlier version apply to your use of them.
Microsoft is not obligated to supply earlier versions to you. You are not
entitled to use the earlier version if you have acquired a non-perpetual
license or if your license is Not for Resale.
14. PROOF OF LICENSE. If you acquired the software on a disc or other media, your proof of
license is the genuine Microsoft certificate of authenticity label with the
accompanying genuine product key and your proof of purchase. If you purchased
and downloaded the software online, your proof of license is the genuine
Microsoft product key for the software which you received with your purchase
and your proof of purchase from an authorized electronic supplier of genuine
Microsoft software. Proof of purchase may be subject to verification by your
merchant’s records. To identify genuine Microsoft software, see www.howtotell.com.
15. TRANSFER TO A THIRD PARTY. The first licensee of the software may transfer it and
this license agreement directly to another party. Before the transfer, that
party must agree that this agreement applies to the transfer and use of the
software. The transfer must include the software, genuine Microsoft product
key, and (if applicable) the Proof of License label. The first licensee must
uninstall all copies of the software before transferring it separately from the
device. The first licensee may not retain any copies of the genuine Microsoft
product key to be transferred, and may only retain copies of the software if
otherwise licensed to do so. If you have acquired a non-perpetual license to
use the software or if the software is marked Not for Resale you may not
transfer the software or the software license agreement to another party.
16.
NOTICE ABOUT THE H.264/AVC
VISUAL STANDARD, AND THE VC-1 VIDEO STANDARD. This software may include H.264/MPEG-4 AVC and/or VC-1
decoding technology. MPEG LA, L.L.C. requires this notice:
THIS
PRODUCT IS LICENSED UNDER THE H.264/AVC AND THE VC-1 PATENT PORTFOLIO LICENSES
FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN
COMPLIANCE WITH THE ABOVE STANDARDS (“VIDEO STANDARDS”) AND/OR (ii) 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 WWW.MPEGLA.COM.
For
clarification purposes, this notice does not limit or inhibit the use of the
software for normal business uses that are personal to that business which do
not include (i) redistribution of the decoding technology to third parties, or
(ii) creation of content with the VIDEO STANDARDS compliant technologies for
distribution to third parties.
17. 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.
18. SUPPORT SERVICES. Microsoft provides support services for the software as described at www.support.microsoft.com/common/international.aspx.
19. ENTIRE AGREEMENT. This agreement (including the warranty below), 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.
20. 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.
21. LEGAL EFFECT. This
agreement describes certain legal rights. You may have other rights under the
laws of your state or 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 state or country if the laws of your state or
country do not permit it to do so.
22. LIMITATION ON AND EXCLUSION OF DAMAGES. YOU CAN RECOVER
FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID
FOR THE SOFTWARE. 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
·
repair, replacement or a refund for
the software does not fully compensate you for any losses; or
·
Microsoft knew or should have known
about the possibility of the damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. They also may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
************************************************************************
LIMITED WARRANTY
A.
LIMITED WARRANTY. If you follow the instructions, the software will
perform substantially as described in the Microsoft materials that you receive
in or with the software.
References
to “limited warranty” are references to the express warranty provided by Microsoft.
This warranty is given in addition to other rights and remedies you may have
under law, including your rights and remedies in accordance with the statutory
guarantees under local Consumer Law.
B.
TERM OF WARRANTY; WARRANTY
RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES. THE LIMITED WARRANTY COVERS THE
SOFTWARE FOR ONE YEAR AFTER ACQUIRED BY THE FIRST USER. IF YOU RECEIVE
SUPPLEMENTS, UPDATES, OR REPLACEMENT SOFTWARE DURING THAT YEAR, THEY WILL BE
COVERED FOR THE REMAINDER OF THE WARRANTY OR 30 DAYS, WHICHEVER IS LONGER. If the first user transfers the software, the remainder
of the warranty will apply to the recipient.
TO
THE EXTENT PERMITTED BY LAW, ANY IMPLIED WARRANTIES, GUARANTEES OR CONDITIONS
LAST ONLY DURING THE TERM OF THE LIMITED WARRANTY. Some states do not allow limitations on how long an
implied warranty lasts, so these limitations may not apply to you. They also
might not apply to you because some countries may not allow limitations on how
long an implied warranty, guarantee or condition lasts.
C.
EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your
acts (or failures to act), the acts of others, or events beyond Microsoft’s
reasonable control.
D.
REMEDY FOR BREACH OF WARRANTY.
MICROSOFT WILL REPAIR OR REPLACE THE SOFTWARE AT NO CHARGE. IF MICROSOFT CANNOT
REPAIR OR REPLACE IT, MICROSOFT WILL REFUND THE AMOUNT SHOWN ON YOUR RECEIPT
FOR THE SOFTWARE. IT WILL ALSO REPAIR OR REPLACE SUPPLEMENTS, UPDATES AND
REPLACEMENT SOFTWARE AT NO CHARGE. IF MICROSOFT CANNOT REPAIR OR REPLACE THEM,
IT WILL REFUND THE AMOUNT YOU PAID FOR THEM, IF ANY. YOU MUST UNINSTALL THE
SOFTWARE AND RETURN ANY MEDIA AND OTHER ASSOCIATED MATERIALS TO MICROSOFT WITH
PROOF OF PURCHASE TO OBTAIN A REFUND. THESE ARE YOUR ONLY REMEDIES FOR BREACH
OF THE LIMITED WARRANTY.
E.
CONSUMER RIGHTS NOT AFFECTED.
YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS, WHICH THIS
AGREEMENT CANNOT CHANGE.
F.
WARRANTY PROCEDURES. You need proof of purchase for warranty service.
1. United States and Canada. For warranty service or information about how to obtain a refund for software acquired in the United States and Canada, contact Microsoft at
· (800) MICROSOFT;
· Microsoft Customer Service and Support, One Microsoft Way, Redmond, WA 98052-6399; or
·
visit www.microsoft.com/info/nareturns.htm.
2. Europe, Middle East and Africa. If you acquired the software in Europe, the Middle East or Africa, Microsoft Ireland Operations Limited makes this limited warranty. To make a claim under this warranty, you should contact either
· Microsoft Ireland Operations Limited, Customer Care Centre, Atrium Building Block B, Carmanhall Road, Sandyford Industrial Estate, Dublin 18, Ireland; or
·
the Microsoft affiliate serving
your country (see www.microsoft.com/worldwide).
3. Australia. If you acquired the software in Australia, contact Microsoft to make a claim at
· 13 20 58; or
·
Microsoft Pty Ltd, 1 Epping Road,
North Ryde NSW 2113, Australia.
4.
Outside United States, Canada,
Europe, Middle East, Africa and Australia. If you acquired the software outside the United States, Canada, Europe,
the Middle East, Africa and Australia, contact the Microsoft affiliate serving
your country (see www.microsoft.com/worldwide).
G.
NO OTHER WARRANTIES. THE LIMITED
WARRANTY IS THE ONLY DIRECT WARRANTY FROM MICROSOFT. MICROSOFT GIVES NO OTHER
EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. WHERE ALLOWED BY YOUR LOCAL LAWS,
MICROSOFT EXCLUDES IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. If your local laws give you any implied warranties, guarantees or
conditions, despite this exclusion, your remedies are described in the Remedy
for Breach of Warranty clause above, to the extent permitted by your local
laws.
FOR AUSTRALIA ONLY. In this paragraph, “goods” refers to the software for which Microsoft provides the express warranty. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Goods presented for repair may be replaced by refurbished goods of the same type rather than being replaced. Refurbished parts may be used to repair the goods.
H. LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY. THE LIMITATION ON AND EXCLUSION OF DAMAGES CLAUSE ABOVE APPLIES TO BREACHES OF THIS LIMITED WARRANTY.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM COUNTRY TO COUNTRY.
EULAID: VS2013_RTM_PRO.1_ENU