SOFTWARE LICENSE TERMS
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
Internet-based services, and
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.
INSTALLATION AND USE RIGHTS.
Installation and Use.
You may install and use any number
of copies of the software on your premises to design, develop and test your
Deploy to Hosting Provider. Because the software is a
pre-release version, and may not work correctly, provided that you take
adequate precautionary measures to back up and protect any data that may be
affected by use of the software, you may deploy your programs to a hosting
provider for production validation, at your sole discretion and risk on the
you agree to assume all risk
associated with use of the software;
you may not make any
representation, warranty or promise on behalf of Microsoft or with respect to
the software, or its performance; and
you may not use the software for
hazardous environments that require fail safe controls.
Distributable Code. You may copy and distribute the
object code form of code and files listed in the packages at http://go.microsoft.com/fwlink/?LinkId=296594 as part of your ASP.NET programs deployed to a
hosting provider if you comply with the terms below.
i. Distribution Requirements. For any Distributable Code you
distribute, you must
use the Distributable Code in your
programs and not as a standalone distribution;
require distributors and your
external users to agree to terms that protect it at least as much as this
indemnify, defend, and hold
harmless, Microsoft from any claims, including attorneys' fees related
to the distribution of your programs.
ii. 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 the Windows 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
Final Versions. When commercially available, you must
acquire and use the final release version of the software in order to develop
and distribute versions of your programs that work with the final commercial
release of the software.
Third Party Programs. The software
may include third party programs that Microsoft, not the third party, licenses
to you under this agreement. Notices, if any, for the third party program are
included for your information only.
INDEMNIFICATION. You agree to indemnify, hold
harmless, and defend Microsoft from and against any claims, allegations,
lawsuits, losses and costs (including attorney fees) that arise or result from
the use, deployment or distribution of your programs that use the software.
THIRD PARTY NOTICES. The software, including the package
manager feature of the software, may include third party code that Microsoft,
not the third party, licenses to you under this agreement. Notices, if any,
for the third party code are included for your information only.
TERM. The term of this agreement is
until 30/06/2014 (day/month/year) or within 90-days of commercial release of
the software, whichever is first.
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
FEEDBACK. If you 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.
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 to any third party without Microsoft’s prior
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;
publish the software for others to
rent, lease or lend the software;
transfer the software or this
agreement to any third party.
DOCUMENTATION. Any person that has valid access
to your computer or internal network may copy and use the documentation for
your internal, reference purposes.
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.
SUPPORT SERVICES. Because this software is “as is,”
we may not provide support services for it.
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.
12. APPLICABLE LAW.
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.
Outside the United States. If you acquired the software in
any other country, the laws of that country apply.
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.
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 or statutory guarantees 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.
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.
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.