MS EULA issue (was: [Mono-list] String.Compare - MS doc discrepancies)

[t3rmin4t0r]

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Hi,
	Sorry to bother you alll...but you gotta read this....
> The .NET Framework SDK (and redistributables) comes with a different license
> than Visual Studio.NET.  The quoted clause above does not appear in the .NET
> Framework license.  Also, the .NET Framework was released in 'non-beta' form
> about a month prior to Visual Studio.NET's release.
	I went to friend who had Windows on his box. I got a .NET Beta CD .
Proceeded to install. I copy-pasted the EULA into a textfile. I was able
to see that the microsoft.com license and the shipped license are the 
same. I am not speaking about VS.NET here. Also does the .NET 'non-beta'
come under the classification of commercial release ?
> Besides, the ability (or lack of such) to publish benchmarks comparing Mono
> to MS's .NET implementation certainly would not be a hindrance to the
> development, testing, and use of Mono.
	I think development/testing will not suffer. But it prevents you
from saying that "Use Mono -- It's faster that MS CLR" even if it is
true.

	This was just my $0.02 about the MS EULA. Please read attatched EULA.

Gopal.V

<<DotNET-EULA.txt>>
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This is a legal agreement (=93Agreement=94) between you (either an individu=
al or an entity) as the end user (=93Recipient=94) and Microsoft Corporatio=
n (=93Microsoft=94).  BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWAR=
E AND RELATED DOCUMENTATION IDENTIFIED BELOW (=93PRODUCT=92), YOU AGREE TO =
BE BOUND BY THE TERMS OF THIS AGREEMENT.  IF YOU DO NOT AGREE TO THE TERMS =
OF THIS AGREEMENT, DO NOT INSTALL, COPY OR USE THE SOFTWARE.=0D
=0D
MICROSOFT CORPORATION LICENSE AGREEMENT FOR BETA PRODUCTS=0D
Microsoft .NET Framework Beta 1=0D
=0D
1.	GRANT OF LICENSE.=0D
(a)	License Grants and Restrictions; Acknowledgment. =0D
=0D
i.	License Grant for Internal Use.  Microsoft grants Recipient a limited, n=
on-exclusive, nontransferable, royalty-free license to install the Product =
on an unlimited number of computers residing at Recipient=92s premises sole=
ly to test the compatibility of Recipient=92s application or other product(=
s) which operate in conjunction with the Product and to evaluate the Produc=
t for the purpose of providing feedback thereon to Microsoft.  All other ri=
ghts are reserved to Microsoft except as expressly provided herein. =0D
=0D
ii.	License to Sample Code.  In addition to the rights granted in Section 1=
(a)(i), Microsoft grants to Recipient the right to use, copy and modify the=
 source code version of those portions of the Product identified as =93Samp=
les=94 (=93Sample Code=94) for the sole purposes of designing, developing, =
and testing Recipient=92s software product(s), and to reproduce and distrib=
ute the Sample Code, along with any modifications thereof.The foregoing lic=
ense is subject to the following conditions:  (1) Recipient shall not use M=
icrosoft=92s name, logo, or trademarks to market the Sample Code or any der=
ivative work thereof; (2) Recipient shall include a valid copyright notice =
on all copies of the Sample Code and any derivative works thereof; and (3) =
Recipient shall agree to indemnify and hold harmless Microsoft from and aga=
inst any claims or lawsuits, including attorneys=92 fees, that arise from o=
r result from the use, copying, modification or distribution of the Sample =
Code and/or derivative works thereof, and (4) otherwise comply with the ter=
ms of this EULA. You shall not permit further distribution of the Sample Co=
de and/or derivative works by third parties, except that you may permit fur=
ther distribution of the Sample Code and/or derivative works thereof when s=
uch programs are part of Recipient products that add significant and primar=
y functionality (=93Value-Added Products=94) to the Sample Code and you and=
 your distributors comply with all other terms of this EULA.=0D
=0D
iii.	Pre-Release Code.  Microsoft grants Recipient the right to distribute =
the pre-release version of the Sample Code, including any modification made=
 by Recipient using the pre-release version of the Sample Code (=93Prerelea=
se Code=94), provided Recipient complies with the distribution requirements=
 described in Section 1(a)(ii) and the following additional provisions: (a)=
 Recipient must mark any publication of the Prerelease Code or software pro=
duct created by you incorporating the Prerelease Code as =93BETA=94 and (b)=
 Recipient is solely responsible for providing its end users with versions =
of its software products created with the Prerelease Code that operate sati=
sfactorily with the final commercial release of the Prerelease Code.  The f=
oregoing license grant shall expire upon the Ship Date (as defined below).=
=0D
=0D
iv.	License to SMC Code.  In addition to the rights granted in Section 1(a)=
(i), Microsoft grants to Recipient the following rights:  a perpetual (notw=
ithstanding Section 2), irrevocable, royalty-free license to (i) use, copy,=
 and create derivative works of the software code and documentation associa=
ted with the Simple Managed C Compiler (=93SMC=94) in both source and objec=
t code form; and (ii) license, sublicense, and distribute (directly and ind=
irectly) an unlimited number of copies of SMC and derivative works thereof =
in object code form as part of Recipient=92s Value-Added Products at any ti=
me after that Microsoft commercially releases a final version of the .Net F=
ramework SDK (the =93Ship Date=94).  The foregoing license is subject to th=
e following conditions:  (1) All versions of SMC and derivative works there=
of that Recipient distributes in Value-Added Products after the Ship Date m=
ust faithfully generate the Microsoft Intermediate Language (=93IL=94) in a=
ccordance with the most recent Microsoft specification therefore, (2) Recip=
ient shall not use Microsoft=92s name, logo, or trademarks to market Value-=
Added Products; (3) Recipient shall include a valid copyright notice on all=
 Value-Added Products; and (4) Recipient shall agree to indemnify and hold =
harmless Microsoft from and against any claims or lawsuits, including attor=
neys=92 fees, that arise from or result from the use, copying or distributi=
on of Value-Added Products that include SMC and/or a derivative work thereo=
f.=0D
=0D
v.	 Acknowledgement.  Recipient acknowledges that Microsoft will not be obl=
igated to make the Product (in whole or in part) available as a final comme=
rcial product. Recipient shall not rent, lease, sell, sublicense, assign, o=
r otherwise transfer the Product, including any accompanying printed materi=
als, except as expressly permitted by this EULA.  Recipient may not reverse=
 engineer, decompile or disassemble the Product except to the extent that t=
his restriction is expressly prohibited by applicable law.  Microsoft and i=
ts suppliers shall retain title and all ownership rights to the Product.=0D
=0D
(b)	Feedback. Recipient agrees to provide reasonable feedback to Microsoft,=
 including but not limited to usability, bug reports and test results, with=
 respect to the Product testing.  Recipient will use reasonable efforts to =
review and comment on all documentation supplied.  All bug reports, test re=
sults and other feedback made by Recipient shall be the property of Microso=
ft and may be used by Microsoft for any purpose.  Due to the nature of the =
development work, Microsoft is not certain as to when errors or discrepanci=
es in the Product may be corrected.=0D
=0D
2.	TERM OF AGREEMENT.  The term of this Agreement shall commence as of the =
date Recipient indicates acceptance of its terms by following the online ac=
ceptance procedure and installing the Product.  The Agreement shall continu=
e in effect unless terminated by Microsoft in writing at any time, with or =
without cause.  This Agreement will terminate without notice upon the comme=
rcial release of the Product.  Upon the termination of this Agreement, Reci=
pient shall promptly return to Microsoft, or certify destruction of, all fu=
ll or partial copies of the Product provided by Microsoft.  =0D
=0D
3.	COST OF TESTING.  There is no charge to Recipient for testing of the Pro=
duct.  Microsoft shall bear all transportation expenses relating to the shi=
pment of the Product to Recipient's place of business.  If Recipient return=
s the Product, Recipient will pay any return transportation expense.=0D
=0D
4.	MAINTENANCE.  Microsoft is not obligated to provide maintenance, technic=
al support, or updates to Recipient for the Product licensed under this Agr=
eement.  In no event shall Microsoft be obligated to provide Recipient, fre=
e of charge, a copy of the commercial release version of the Product in con=
nection with Recipient=92s participation in the testing program.  =0D
=0D
5.	DISCLAIMER OF WARRANTIES.  To the maximum extent permitted by applicable=
 law, Microsoft and its suppliers provide the Product and any (if any) supp=
ort services related to the Product (=93Support Services=94) AS IS AND WITH=
 ALL FAULTS, and hereby disclaim all warranties and conditions, either expr=
ess, implied or statutory, including, but not limited to, any (if any) impl=
ied warranties or conditions of merchantability, of fitness for a particula=
r purpose, of lack of viruses, of accuracy or completeness of responses, of=
 results, and of lack of negligence or lack of workmanlike effort, all with=
 regard to the Product, and the provision of or failure to provide Support =
Services.  ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMEN=
T, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT, WIT=
H REGARD TO THE PRODUCT.  THE ENTIRE RISK AS TO THE QUALITY OF OR ARISING O=
UT OF USE OR PERFORMANCE OF THE PRODUCT AND SUPPORT SERVICES, IF ANY, REMAI=
NS WITH YOU. Finally, Recipient is advised that the Product constitutes pre=
-release code and may be changed substantially before commercial release.=0D
=0D
6.	Performance or Benchmark Testing. You may not disclose the results of an=
y benchmark test of either the Server Software or Client Software to any th=
ird party without Microsoft's prior written approval.=0D
=0D
7.	EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES.  To th=
e maximum extent permitted by applicable law, in no event shall Microsoft o=
r its suppliers be liable for any special, incidental, indirect, or consequ=
ential damages whatsoever (including, but not limited to, damages for loss =
of profits or confidential or other information, for business interruption,=
 for personal injury, for loss of privacy, for failure to meet any duty inc=
luding of good faith or of reasonable care, for negligence, and for any oth=
er pecuniary or other loss whatsoever) arising out of or in any way related=
 to the use of or inability to use the Product, the provision of or failure=
 to provide Support Services, or otherwise under or in connection with any =
provision of Agreement, even in the event of the fault, tort (including neg=
ligence), strict liability, breach of contract or breach of warranty of Mic=
rosoft or any supplier, even if Microsoft or any supplier has been advised =
of the possibility of such damages. =0D
=0D
8.	LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that R=
ecipient might incur for any reason whatsoever (including, without limitati=
on, all damages referenced above and all direct or general damages), the en=
tire liability of Microsoft and any of its suppliers under any provision of=
 this Agreement and your exclusive remedy for all of the foregoing shall be=
 limited to the greater of the amount actually paid by you for the Product =
or U.S. $5.00.  The foregoing limitations, exclusions and disclaimers shall=
 apply to the maximum extent permitted by applicable law, even if any remed=
y fails its essential purpose.=0D
=0D
9.	GOVERNING LAW; ATTORNEYS=92 FEES. This Agreement shall be construed and =
controlled by the laws of the State of Washington, and Recipient consents t=
o the exclusive jurisdiction and venue in the federal courts sitting in Kin=
g County, Washington, unless no federal subject matter jurisdiction exists,=
 in which case Recipient consents to the jurisdiction and venue in the Supe=
rior Court of King County, Washington.  Recipient waives all defenses of la=
ck of personal jurisdiction and forum nonconveniens.  Process may be served=
 on either party in the manner authorized by applicable law or court rule. =
 If either Microsoft or Recipient employs attorneys to enforce any rights a=
rising out of or relating to this Agreement, the prevailing party shall be =
entitled to recover reasonable attorneys' fees.=0D
=0D
10.	U.S. GOVERNMENT RESTRICTED RIGHTS. All Product provided to the U.S. Gov=
ernment pursuant to solicitations issued on or after December 1, 1995 is pr=
ovided with the commercial rights and restrictions described elsewhere here=
in.  All Product provided to the U.S. Government pursuant to solicitations =
issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as prov=
ided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or FAR, 48 CFR 252.227-7013 (=
OCT 1988), as applicable. =0D
=0D
11.	EXPORT RESTRICTIONS. Recipient agrees that Recipient will not export or=
 re-export the Product to any country, person or entity subject to U.S. exp=
ort restrictions.  Recipient specifically agrees not to export or re-export=
 the Product (i) to any country to which the U. S. has embargoes or restric=
ted the export of goods or services which currently include but are not nec=
essarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria, =
or to any national of any such country, wherever located, who intends to tr=
ansmit or transport the Product back to such country; (ii) to any person or=
 entity who Recipient knows or has reason to know will utilize the Product =
in the design, development or production of nuclear chemical or biological =
weapons; or (iii) to any person or entity who has been prohibited from part=
icipating in U.S. export transactions by any federal agency of the U.S. gov=
ernment.=0D
=0D
12.	ENTIRE AGREEMENT. This Agreement constitutes the complete and exclusive=
 agreement between Microsoft and Recipient with respect to the subject matt=
er hereof and supersedes all prior oral or written understandings, communic=
ations or agreements not specifically incorporated herein. This Agreement m=
ay not be modified except in a writing duly signed by an authorized represe=
ntative of Microsoft and Recipient =0D
=0D
13.  PARTIES BOUND.  If Recipient is executing this Agreement on behalf on =
an entity, then Recipient represents that he/she has authority to execute t=
his agreement on behalf of such entity and agrees that Product (and any cop=
ies thereof) shall remain on the company premises, unless otherwise agreed =
to in writing by Microsoft.=0D
=0D
Should you have any questions concerning this Agreement, or if you desire t=
o contact Microsoft for any reason, please write: Microsoft Corporation, On=
e Microsoft Way, Redmond, WA  98052-6399.=0D

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