MS EULA issue (was: [Mono-list] String.Compare - MS doc discrepancies)
Warren Schrey
warren@elven.ca
Sat, 2 Mar 2002 09:14:25 -0500
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> 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 ?
Visual Studio.NET, the product, is completely irrelevant here. You cannot
simply take the license agreement for one product, and state that it applies
to another product. Please "get" this point, since this is where you are
getting confused.
The only Microsoft product required for Mono development, is the *free* .NET
Framework SDK. This SDK contains the full functionality required to compile
C# source into assemblies and subsequently execute them in the CLR
environment.
Here's a link to the download page for this product.
http://msdn.microsoft.com/downloads/default.asp?url=/downloads/sample.asp?ur
l=/msdn-files/027/000/976/msdncompositedoc.xml&frame=true
I've attached the license agreement included with this package. (for
reference: \Program Files\Microsoft.NET\FrameworkSDK\license.txt) You will
notice that it is significantly different than the license you dug up from
the beta release of VS.NET.
Warren.
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END-USER LICENSE AGREEMENT FOR MICROSOFT SOFTWARE
IMPORTANT=97READ CAREFULLY: This End-User License Agreement (=93EULA=94) =
is a legal agreement between you (either an individual or a single =
entity) and Microsoft Corporation for the Microsoft software product =
identified above, which includes computer software and may include =
associated media, printed materials, =93online=94 or electronic =
documentation, and Internet-based services (=93Product=94). An =
amendment or addendum to this EULA may accompany the Product. YOU AGREE =
TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR =
OTHERWISE USING THE PRODUCT. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE =
THE PRODUCT; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL =
REFUND.
SOFTWARE PRODUCT LICENSE
1. GRANTS OF LICENSE. Microsoft grants you the rights described in this =
EULA provided that you comply with all terms and conditions of this =
EULA. =20
=20
1.1 General License Grant. Microsoft grants to you as an individual, a =
personal, nonexclusive license to make and use copies of the Product for =
the purposes of designing, developing, and testing your software =
product(s), provided that you are the only individual using the Product. =
=20
=09
If you are an entity, Microsoft grants to you a personal, nonexclusive =
license to make and use copies of the Product, provided that for each =
individual using the Product within your organization, you have acquired =
a separate and valid license for each such individual.=20
=20
1.2 Documentation. You may make and use an unlimited number of copies =
of any documentation, provided that such copies shall be used only for =
personal purposes and are not to be republished or distributed (either =
in hard copy or electronic form) beyond your premises.
1.3 Storage/Network Use. You may also store or install a copy of the =
Product on a storage device, such as a network server, used only to =
install or run the Product on computers used by a licensed end user in =
accordance with Section 1.1. A single license for the Product may not =
be shared or used concurrently by other end users.
2. ADDITIONAL LICENSE RIGHTS -- REDISTRIBUTABLE CODE. In addition to =
the rights granted in Section 1, certain portions of the Product, as =
described in this Section=A02, are provided to you with additional =
license rights. These additional license rights are conditioned upon =
your compliance with the distribution requirements and license =
restrictions described in Section 3.
=20
2.1 Sample Code. Microsoft grants you the right to use and modify the =
source code version of those portions of the Product identified as =
=93Samples=94 in REDIST.TXT or elsewhere in the Product (=93Sample =
Code=94) for the sole purposes of designing, developing, and testing =
your software product(s), and to reproduce and distribute the Sample =
Code, along with any modifications thereof, in object and/or source code =
form. =20
=20
2.2 Redistributable Code. Microsoft grants you a nonexclusive, =
royalty-free right to reproduce and distribute the object code form of =
any portion of the Product listed in REDIST.TXT (=93Redistributable =
Code=94). =20
]
2.3 Simple Managed C Compiler (=93SMC=94). Microsoft grants you the =
right to use and modify of the software code and documentation =
associated with SMC in both source and object code form, and to =
reproduce and distribute SMC, along with any modifications thereof, in =
object code form. =20
3. LICENSE RESTRICTIONS -- DISTRIBUTION REQUIREMENTS. If you choose to =
exercise your rights under Section=A02, any redistribution by you =
requires compliance with the following terms.=20
=20
3.1 General Distribution Requirements. If you are authorized and =
choose to redistribute Sample Code, Redistributable Code, or SMC =
(collectively, the =93Redistributables=94) as described in Section 2, =
you agree: (i)=A0except as provided in Section 2.1, which allows for =
redistribution of source code versions of Sample Code, to distribute the =
Redistributables only in object code form; (ii)=A0to redistribute the =
Redistributables only in conjunction with and as a part of a software =
application product developed by you that adds significant and primary =
functionality to the Redistributables (=93Licensed Product=94); =
(iii)=A0that the Redistributables only operate in conjunction with =
Microsoft Windows platforms; (iv) not to use Microsoft=92s name, logo, =
or trademarks to market the Licensed Product; (v) to display your own =
valid copyright notice which shall be sufficient to protect =
Microsoft=92s copyright in the Product; (vi)=A0not to remove or obscure =
any copyright, trademark or patent notices that appear on the Product as =
delivered to you; (vii) to indemnify, hold harmless, and defend =
Microsoft from and against any claims or lawsuits, including =
attorney=92s fees, that arise or result from the use or distribution of =
the Licensed Product; (viii) otherwise comply with the terms of this =
EULA; and (ix)=A0agree that Microsoft reserves all rights not expressly =
granted. =20
You also agree not to permit further distribution of the =
Redistributables by your end users except you may permit further =
redistribution of the Redistributables by your distributors to your =
end-user customers if your distributors only distribute the =
Redistributables in conjunction with, and as part of, the Licensed =
Product and you and your distributors comply with all other terms of =
this EULA.=20
=20
3.2 Additional Distribution Requirements =96 SMC and Microsoft Merge =
Modules (=93MSM=94) If you choose to exercise your rights under =
Section=A03.1 with respect to SMC or files identified in the Product as =
Microsoft Merge Modules (.MSM files), any redistribution by you also =
requires compliance with the following terms, as applicable.
=20
3.2.1 SMC. All versions of SMC, including any modifications made by =
you, that you distribute in a Licensed Product must faithfully generate =
the Microsoft Intermediate Language.
=09
3.2.2 MSM Files. You may redistribute the content of MSM file(s) in =
the manner described in the Product documentation only so long as you =
redistribute such content in its entirety and do not modify such content =
in any way.
=20
3.3 If you use the Redistributables, then in addition to your =
compliance with the applicable distribution requirements described for =
the Redistributables, the following also applies. Your license rights =
to the Redistributables are conditioned upon your (i) not incorporating =
Identified Software into or combining Identified Software with the =
Redistributables or a derivative work thereof; (ii) not distributing =
Identified Software in conjunction with the Redistributables or a =
derivative work thereof; and (iii) not using Identified Software in the =
development of a derivative work of the Redistributables. =93Identified =
Software=94 means software which is licensed pursuant to terms that =
directly or indirectly (A) create, or purport to create, obligations for =
Microsoft with respect to the Redistributables or derivative work =
thereof or (B) grant, or purport to grant, to any third party any rights =
or immunities under Microsoft=92s intellectual property or proprietary =
rights in the Redistributables or derivative work thereof. Identified =
Software includes, without limitation, any software that requires as a =
condition of use, modification and/or distribution of such software that =
other software incorporated into, derived from or distributed with such =
software be (1) disclosed or distributed in source code form; (2) be =
licensed for the purpose of making derivative works; or (3) be =
redistributable at no charge. =20
4. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
=20
4.1 Not For Resale Software. If the Product is labeled =93Not For =
Resale=94 or =93NFR,=94 then you may not resell, or otherwise transfer =
for value, the Product.
=20
4.2 Limitations on Reverse Engineering, Decompilation, and Disassembly. =
You may not reverse engineer, decompile, or disassemble the Product, =
except and only to the extent that such activity is expressly permitted =
by applicable law notwithstanding this limitation.
=09
4.3 Rental. You may not rent, lease or lend the Product.
=20
4.4 Trademarks. This EULA does not grant you any rights in connection =
with any trademarks or service marks of Microsoft.
=20
4.5 Consent to Use of Data. You agree that Microsoft and its =
affiliates may collect and use technical information gathered as part of =
the product support services provided to you, if any, related to the =
Product. Microsoft may use this information solely to improve our =
products or to provide customized services or technologies to you and =
will not disclose this information in a form that personally identifies =
you. =20
=20
4.6 Software Transfer. The initial user of the Product may make a =
one-time permanent transfer of this EULA and Product only directly to an =
end user. This transfer must include all of the Product (including all =
component parts, the media and printed materials, any upgrades, this =
EULA, and, if applicable, the Certificate of Authenticity). Such =
transfer may not be by way of consignment or any other indirect =
transfer. The transferee of such one-time transfer must agree to comply =
with the terms of this EULA, including the obligation not to further =
transfer this EULA and Product.
=20
4.7 Termination. Without prejudice to any other rights, Microsoft may =
terminate this EULA if you fail to comply with the terms and conditions =
of this EULA. In such event, you must destroy all copies of the Product =
and all of its component parts.
5. PRERELEASE CODE. Portions of the Product may be identified as =
prerelease code (=93Prerelease Code=94). Such Prerelease Code is not at =
the level of performance and compatibility of the final, generally =
available product offering. The Prerelease Code may not operate =
correctly and may be substantially modified prior to first commercial =
shipment. Microsoft is not obligated to make this or any later version =
of the Prerelease Code commercially available. The grant of license to =
use Prerelease Code expires upon availability of a commercial release of =
the Prerelease Code from Microsoft. NOTE: In the event that Prerelease =
Code contains a separate end-user license agreement, the terms and =
conditions of such end-user license agreement shall govern your use of =
the corresponding Prerelease Code.
6. UPGRADES. To use a Product identified as an upgrade, you must first =
be licensed for the product identified by Microsoft as eligible for the =
upgrade. After upgrading, you may no longer use the product that formed =
the basis for your upgrade eligibility. You may use the resulting =
upgraded product only in accordance with the terms of this EULA. If the =
Product is an upgrade of a component of a package of software programs =
that you licensed as a single product, the Product may be used and =
transferred only as part of that single product package and may not be =
separated for use by more than one end user.
7. DOWNGRADES. Instead of installing and using the Product, you may =
install and use one copy of an earlier version of the Product, provided =
that you completely remove such earlier version and install the original =
Product within a reasonable time. Your use of such earlier version =
shall be governed by this EULA, and your rights to use such earlier =
version shall terminate when you install the original Product.
8. DISCLAIMER OF WARRANTIES. To the maximum extent permitted by =
applicable law, Microsoft and its suppliers provide to you the PRODUCT, =
and any (if any) support services relating to the PRODUCT (=93Support =
Services=94) AS IS AND WITH ALL FAULTS; and Microsoft and its suppliers =
hereby disclaim with respect to the PRODUCT and Support Services all =
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including, but not limited to, any (if any) warranties, duties or =
conditions of or related to: merchantability, fitness for a particular =
purpose, lack of viruses, accuracy or completeness of responses, =
results, workmanlike effort and lack of negligence. ALSO THERE IS NO =
WARRANTY, DUTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, =
CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT. THE ENTIRE RISK =
ARISING OUT OF USE OR PERFORMANCE OF THE PRODUCT AND ANY SUPPORT =
SERVICES REMAINS WITH YOU.
FOR THE LIMITED WARRANTIES AND SPECIAL PROVISIONS PERTAINING TO YOUR =
PARTICULAR JURISDICTION, PLEASE REFER TO YOUR WARRANTY BOOKLET INCLUDED =
WITH THIS PACKAGE OR PROVIDED WITH THE SOFTWARE PRODUCT PRINTED =
MATERIALS.
9. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO =
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL =
MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, =
PUNITIVE, INDIRECT, OR CONSEQUENTIAL 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 INCLUDING OF GOOD FAITH OR OF =
REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER 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 OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT =
THROUGH THE PRODUCT OR OTHERWISE ARISING OUT OF THE USE OF THE PRODUCT, =
OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, =
EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT =
LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF MICROSOFT OR ANY =
SUPPLIER, AND EVEN IF MICROSOFT OR ANY SUPPLIER HAS BEEN ADVISED OF THE =
POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT =
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR =
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
10. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages =
that you might incur for any reason whatsoever (including, without =
limitation, all damages referenced above and all direct or general =
damages), the entire liability of Microsoft and any of its suppliers =
under any provision of this EULA and your exclusive remedy for all of =
the foregoing (except for any remedy of repair or replacement elected by =
Microsoft with respect to any breach of the Limited Warranty) 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 (including Sections 8 and 9 above) shall apply to the =
maximum extent permitted by applicable law, even if any remedy fails its =
essential purpose.
11. LINKS TO THIRD PARTY SITES. You may link to third party sites =
through the use of the Product. The third party sites are not under the =
control of Microsoft, and Microsoft is not responsible for the contents =
of any third party sites, any links contained in third party sites, or =
any changes or updates to third party sites. Microsoft is not =
responsible for webcasting or any other form of transmission received =
from any third party sites. Microsoft is providing these links to third =
party sites to you only as a convenience, and the inclusion of any link =
does not imply an endorsement by Microsoft of the third party site. =20
12. U.S. GOVERNMENT LICENSE RIGHTS. All Product provided to the U.S. =
Government pursuant to solicitations issued on or after December 1, 1995 =
is provided with the commercial license rights and restrictions =
described elsewhere herein. All Product provided to the U.S. Government =
pursuant to solicitations issued prior to December 1, 1995 is provided =
with =93Restricted Rights=94 as provided for in FAR, 48 CFR 52.227-14 =
(JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.=20
13. EXPORT RESTRICTIONS. You acknowledge that the Product is of U.S. =
origin and subject to U.S. export jurisdiction. You agree to comply =
with all applicable international and national laws that apply to the =
Product, including the U.S. Export Administration Regulations, as well =
as end-user, end-use, and destination restrictions issued by U.S. and =
other governments. For additional information see =
<http://www.microsoft.com/exporting/>.
14. APPLICABLE LAW. If you acquired this Product in the United States, =
this EULA is governed by the laws of the State of Washington. If you =
acquired this Product in Canada, unless expressly prohibited by local =
law, this EULA is governed by the laws in force in the Province of =
Ontario, Canada; and, in respect of any dispute which may arise =
hereunder, you consent to the jurisdiction of the federal and provincial =
courts sitting in Toronto, Ontario. If this Product was acquired outside =
the United States, then local law may apply.=20
15. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to =
this EULA which is included with the Product) are the entire agreement =
between you and Microsoft relating to the Product and the support =
services (if any) and they supersede all prior or contemporaneous oral =
or written communications, proposals and representations with respect to =
the Product or any other subject matter covered by this EULA. To the =
extent the terms of any Microsoft policies or programs for support =
services conflict with the terms of this EULA, the terms of this EULA =
shall control.
16. The Product is protected by copyright and other intellectual =
property laws and treaties. Microsoft or its suppliers own the title, =
copyright, and other intellectual property rights in the Product. The =
Product is licensed, not sold.
Si vous avez acquis votre PRODUIT LOGICIEL Microsoft au CANADA, la =
garantie limit=E9e suivante vous concerne :
D=C9NI DE GARANTIE. DANS LA MESURE MAXIMALE PERMISE PAR LES LOIS =
APPLICABLES, MICROSOFT ET SES FOURNISSEURS VOUS FOURNISSENT LE PRODUIT =
LOGICIEL ET LES SERVICES DE SOUTIEN TECHNIQUE POUR LE PRODUIT LOGICIEL =
(LES =93SERVICES DE SOUTIEN=94), LE CAS =C9CH=C9ANT, TEL QUEL ET AVEC =
TOUS LES D=C9FAUTS; MICROSOFT ET SES FOURNISSEURS, PAR LES PR=C9SENTES, =
D=C9NIENT TOUTES AUTRES GARANTIES ET CONDITIONS EXPRESSES, IMPLICITES OU =
EN VERTU DE LA LOI, RELATIVEMENT AU PRODUIT LOGICIEL ET AUX SERVICES DE =
SOUTIEN, NOTAMMENT (LE CAS =C9CH=C9ANT) LES GARANTIES, DEVOIRS OU =
CONDITIONS DE, OU EN MATI=C8RE DE, QUALIT=C9 MARCHANDE, D=92ADAPTATION =
=C0 UN USAGE PARTICULIER, D=92ABSENCE DE VIRUS, D=92EXACTITUDE OU =
D=92EXHAUSTIVIT=C9 DES R=C9PONSES, DES R=C9SULTATS, DES EFFORTS =
D=C9PLOY=C9S SELON LES R=C8GLES DE L=92ART ET D=92ABSENCE DE =
N=C9GLIGENCE. PAR AILLEURS, IL N=92Y A AUCUNE GARANTIE, DEVOIR OU =
CONDITION QUANT AU TITRE DE PROPRI=C9T=C9, =C0 LA JOUISSANCE OU =C0 LA =
POSSESSION PAISIBLE, =C0 LA CONCORDANCE =C0 UNE DESCRIPTION NI QUANT =C0 =
UNE ABSENCE DE CONTREFA=C7ON CONCERNANT LE PRODUIT LOGICIEL OU LES =
SERVICES DE SOUTIEN. VOUS ACCEPTEZ TOUS LES RISQUES RELATIVEMENT =C0 =
L=92UTILISATION DU PRODUIT LOGICIEL ET DES SERVICES DE SOUTIEN DE M=CAME =
QUE RELATIVEMENT =C0 LA PERFORMANCE DU PRODUIT LOGICIEL ET =C0 LA =
PRESTATION DES SERVICES DE SOUTIEN.
EXCLUSION DES DOMMAGES ACCESSOIRES, INDIRECTS ET DE CERTAINS AUTRES =
DOMMAGES. DANS LA MESURE MAXIMALE PERMISE PAR LES LOIS APPLICABLES, EN =
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DOMMAGES SP=C9CIAUX, ACCESSOIRES, INDIRECTS OU CONS=C9CUTIFS DE QUELQUE =
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DE PROFITS OU =C0 LA PERTE DE RENSEIGNEMENTS CONFIDENTIELS OU AUTRES, DE =
L=92INTERRUPTION DES AFFAIRES, DE BLESSURES CORPORELLES, DE LA VIOLATION =
DE LA VIE PRIV=C9E, DE L=92OMISSION DE REMPLIR TOUT DEVOIR, Y COMPRIS =
D=92AGIR DE BONNE FOI OU D=92EXERCER UN SOIN RAISONNABLE, DE LA =
N=C9GLIGENCE ET DE TOUTE AUTRE PERTE P=C9CUNIAIRE OU AUTRE PERTE DE =
QUELQUE NATURE QUE CE SOIT) SE RAPPORTANT DE QUELQUE MANI=C8RE QUE CE =
SOIT =C0 L=92UTILISATION DU PRODUIT LOGICIEL OU =C0 L=92INCAPACIT=C9 DE =
S=92EN SERVIR, =C0 LA PRESTATION OU =C0 L=92OMISSION D=92UNE PRESTATION =
DES SERVICES DE SOUTIEN OU AUTREMENT AUX TERMES DE TOUTE DISPOSITION DE =
CE CLUF, OU RELATIVEMENT =C0 UNE TELLE DISPOSITION, M=CAME EN CAS DE =
FAUTE, DE D=C9LIT CIVIL (Y COMPRIS LA N=C9GLIGENCE, DE RESPONSABILIT=C9 =
STRICTE, DE VIOLATION DE CONTRAT OU DE VIOLATION DE GARANTIE DE =
MICROSOFT OU DE TOUT FOURNISSEUR, ET CE M=CAME SI MICROSOFT OU TOUT =
FOURNISSEUR A =C9T=C9 AVIS=C9 DE LA POSSIBILIT=C9 DE TELS DOMMAGES.
LIMITATION DE RESPONSABILIT=C9 ET RECOURS. MALGR=C9 LES DOMMAGES QUE =
VOUS PUISSIEZ SUBIR POUR QUELQUE MOTIF QUE CE SOIT (NOTAMMENT, TOUS LES =
DOMMAGES SUS-MENTIONN=C9S ET TOUS LES DOMMAGES DIRECTS OU G=C9N=C9RAUX), =
L=92OBLIGATION INT=C9GRALE DE MICROSOFT ET DE L=92UN OU L=92AUTRE DE SES =
FOURNISSEURS AUX TERMES DE TOUTE DISPOSITION DE CE CLUF ET VOTRE RECOURS =
EXCLUSIF =C0 L=92=C9GARD DE TOUT DE QUI PR=C9C=C8DE SE LIMITENT AUX =
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RAISONNABLE, JUSQU=92AU PLUS =C9LEV=C9 ENTRE LES MONTANTS SUIVANTS=A0: =
LE MONTANT QUE VOUS AVEZ R=C9ELLEMENT PAY=C9 POUR LE PRODUIT LOGICIEL OU =
$5.00 U.S. LES LIMITES, EXCLUSIONS ET D=C9NIS QUI PR=C9C=C8DENT =
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Au cas o=F9 vous auriez des questions concernant cette licence ou que =
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