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This License For Customer Use of NVIDIA Software ("LICENSE") is the agreement wh
ich governs use of the computer software (including GeForce Experience and insta
llers and drivers downloaded in connection therewith) and any accompanying docum
entation (together, the SOFTWARE) of NVIDIA Corporation and its subsidiaries ("NVI
DIA"). PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE INSTALLIN
G OR USING THE SOFTWARE. NVIDIA is willing to license the SOFTWARE to you only o
n the condition that you accept all of the terms contained in the LICENSE. By do
wnloading, installing, copying, or otherwise using the SOFTWARE, you indicate th
at you understand this LICENSE and agree to be bound by all of the terms of this
LICENSE. If you do not agree to all of the terms of this LICENSE, then NVIDIA i
s unwilling to license the SOFTWARE to you and you must return or destroy all co
pies of the SOFTWARE and not download, install, copy, or otherwise use the SOFTW
ARE.
RECITALS
Use of NVIDIA's products requires three elements: the SOFTWARE, the hardware on
a graphics controller board, and a personal computer (collectively, such hardwar
e and personal computer is defined herein as "CUSTOMER SYSTEM"). The SOFTWARE is
protected by copyright laws and international copyright treaties, as well as ot
her intellectual property laws and treaties. The SOFTWARE is not sold, and inste
ad is only licensed for use, strictly in accordance with this document. The hard
ware is protected by various patents, and is sold, but this LICENSE does not cov
er that sale, since it may not necessarily be sold as a package with the SOFTWAR
E. This LICENSE sets forth the terms and conditions of the SOFTWARE LICENSE only
.
1. DEFINITIONS
1.1 Customer. Customer means the entity or individual that downloads and/or inst
alls the SOFTWARE.
2. GRANT OF LICENSE
2.1 Rights and Limitations of Grant. Provided Customer complies with the terms i
n this LICENSE, NVIDIA hereby grants a non-exclusive, non-transferable right for
a single Customer to load, install, run, and use the executable form of the SOF
TWARE in the manner and for the purposes described in the associated printed mat
erials, with the following limitations:
2.1.1 Rights. Customer may install and use one copy of the SOFTWARE on CUSTOMER
SYSTEM, and except for making one back-up copy of the SOFTWARE, may not otherwis
e copy the SOFTWARE. This LICENSE of SOFTWARE may not be shared or used concurre
ntly on different computers.
2.1.2 Limitations. Except as expressly specified in this LICENSE, Customer may n
ot: (a) copy (except in the course of loading or installing) or modify the SOFTW
ARE, including but not limited to, adding new features or otherwise making adapt
ations that alter the functioning of the SOFTWARE; (b) reverse engineer, decompi
le, or disassemble the SOFTWARE, or attempt in any other manner to obtain the so
urce code, in whole or part, or permit or authorize a third party to do so, exce
pt to the extent such activities are expressly permitted by law notwithstanding
this prohibition; (c) remove any copyright or other proprietary rights notices f
rom the SOFTWARE; (d) transfer, sublicense, lend, rent, lease or otherwise distr
ibute the SOFTWARE to someone else; or (e) make the functionality of the SOFTWAR
E available to multiple users through any means, including but not limited to, b
y uploading the SOFTWARE to a network or file-sharing service or through any hos
ting, application services provider, service burea, software-as-a-service (SaaS)
ding but not limited to all images, photographs, animations, video, audio, music
, text, and other information incorporated into the SOFTWARE), the accompanying
printed materials, and any copies of the SOFTWARE. The SOFTWARE is protected by
copyright laws and international treaty provisions. Accordingly, Customer is req
uired to treat the SOFTWARE like any other copyrighted material, except as other
wise allowed pursuant to this LICENSE and that it may make one copy of the SOFTW
ARE solely for backup or archive purposes, provided that Customer reproduces all
copyright and proprietary notices that are on the original copy. The algorithm
s, structure, organization and source code of the Software are the valuable trad
e secrets and confidential information of NVIDIA. Except as otherwise expressly
provided herein, neither this LICENSE nor NVIDIA grants Customer any express or
implied right under any NVIDIA patents, copyrights, trademarks, or other intell
ectual property rights in the SOFTWARE, and all rights, title and interest in an
d to the SOFTWARE not expressly granted are reserved by NVIDIA or its licensors
or suppliers.
5.2 Recorded Content. The SOFTWARE enables Customers to record their electronic
activity, including but not limited to gameplay (CONTENT VIDEOS), and upload or br
oadcast the CONTENT VIDEOS on services such as Twitch.tv and YouTube. Customers
are solely responsible for their CONTENT VIDEOS and assume all risk arising from
their use of third party websites, services, and networks. Customer represents
and warrants that Customer is the creator and owner of any CONTENT VIDEOS or oth
erwise has sufficient rights and authority to post or publish them. By using the
SOFTWARE to upload and publish CONTENT VIDEOS on third party websites, services
, or networks, Customer will indemnify and hold harmless NVIDIA and its officers
, directors, employees and agents from and against any claims, disputes, demands
, liabilities, damages, losses, costs, and expenses (CLAIMS) arising out of or in
any way connected with Customers CONTENT VIDEOS, including but not limited to CLA
IMS that Customers CONTENT VIDEOS (a) infringe, violate, or misappropriate any th
ird party right, including copyright, trademark, patent, trade secret, moral rig
ht, privacy or publicity rights, or any other intellectual property or proprieta
ry right; or (b) slander, defame, or libel any other person.
6. APPLICABLE LAW
This LICENSE shall be deemed to have been made in, and shall be construed pursua
nt to, the laws of the State of Delaware, without regard to or application of co
nflict of laws rules or principles. The United Nations Convention on Contracts f
or the International Sale of Goods is specifically disclaimed. The state and/or
federal courts residing in Santa Clara County, California shall have exclusive j
urisdiction over any dispute or claim arising out of this Agreement. Customer a
grees to comply fully with all U.S. export laws and regulations to ensure that
the SOFTWARE, any technical data related thereto, and any direct product thereof
are not exported or re-exported directly or indirectly in violation of, or used
for any purposes prohibited by, applicable export laws and regulations.
7. DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY
7.1 No Warranties. THE SOFTWARE IS PROVIDED "AS IS" AND TO THE MAXIMUM EXTENT PE
RMITTED BY APPLICABLE LAW, NVIDIA AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EIT
HER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CO
NDITIONS OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE,
AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF T
RADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM NVIDIA OR
ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AG
REEMENT.
7.2 No Liability for Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY A
PPLICABLE LAW, IN NO EVENT SHALL NVIDIA OR ITS SUPPLIERS BE LIABLE FOR ANY DIREC
T, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING
, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTIO
N, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE
USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF NVIDIA HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATI
ON OF LIABILITY FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, S
O THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHT
S THAT VARY FROM JURISDICTION TO JURISDICTION. NOTWITHSTANDING THE FOREGOING, N
VIDIA S AGGREGATE LIABILITY ARISING OUT OF THIS LICENSE AGREEMENT SHALL NOT EXCE
ED ONE THOUSAND UNITED STATES DOLLARS (USD$1000). THE FOREGOING LIMITATIONS WILL
SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOU
ND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
8. U.S. GOVERNMENT END USERS.
The SOFTWARE and associated documentation are commercial items as that term is def
ined in FAR 2.101, consisting of commercial computer software and commercial comput
er software documentation, respectively, as such terms are used in FAR 12.212 and
DFARS 227.7202. If the Software and documentation are being acquired by or on
behalf of the U.S. Government, then, as provided in FAR 12.212 and DFARS 227.720
2-1 through 227.7202-4, as applicable, the U.S. Governments rights in the Softwar
e and Documentation will be only those specified in this LICENSE.
9. MISCELLANEOUS
Customer may not assign or transfer this LICENSE or any rights granted hereunder
, by operation of law or otherwise, without NVIDIAs prior written consent, and an
y attempt by Customer to do so, without such consent, will be void. Except as ex
pressly set forth in this LICENSE, the exercise by either party of any of its re
medies under this LICENSE will be without prejudice to its other remedies under
this LICENSE or otherwise. If any provision of this LICENSE is inconsistent with
, or cannot be fully enforced under, the law, such provision will be construed t
o the maximum extent possible, and the other provisions will remain in full forc
e and effect. This LICENSE is the final, complete and exclusive agreement betwee
n the parties relating to the subject matter hereof, and supersedes all prior or
contemporaneous proposals, understandings, communications, and agreements relat
ing to such subject matter, whether oral or written, unless Customer and NVIDIA
execute a separate agreement governing se of the SOFTWARE. Failure by either par
ty to enforce any provision of this LICENSE will not constitute a waiver of futu
re enforcement of that or any other provision. This LICENSE may only be waived o
r modified in writing signed by an authorized officer of NVIDIA.
------------------------------------------------------------Customer s Use of Microsoft Redistributable Packages is subject to the following
terms and conditions:
---------------------------------MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT DIRECTX END USER RUNTIME
---------------------------------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 t
o the software named above, which includes the media on which you received it, i
f 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 NO
updates,
supplements,
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 NO
T USE THE SOFTWARE.
If you comply with these license terms, you have the rights below.
1.
INSTALLATION AND USE RIGHTS.
a.
Installation and Use. You may install and use any number of copies of t
he software on your devices.
b.
Included Microsoft Programs. The software contains other Microsoft prog
rams. The license terms with those programs apply to your use of them.
2.
ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
a.
Media Elements and Templates. You may copy and use images, clip art, an
imations, sounds, music, shapes, video clips and templates provided with the sof
tware and identified for such use in documents and projects that you create. Yo
u may distribute those documents and projects non-commercially. If you wish to
use these media elements or templates for any other purpose, go to www.microsoft
.com/permission to learn whether that use is allowed.
b.
Distributable Code. The software contains code that you are permitted t
o distribute in programs you develop if you comply with the terms below.
i.
Right to Use and Distribute. The code and text files listed below are Di
stributable Code.
DIRECTX REDIST.TXT Files. You may copy and distribute the object code form of c
ode listed in DIRECTX REDIST.TXT files.
Sample Code. You may modify, copy, and distribute the source and object code fo
rm of code marked as sample, as well as those marked as follows:
\Utilities\bin\x86\dxerr
\Utilities\bin\x64\dxerr
\Utilities\bin\x86\dxtex
\Utilities\bin\x64\dxtex
\Utilities\bin\x86\DxViewer
\Utilities\bin\x64\DxViewer
\Utilities\bin\x86\GDFTrace
\Utilities\bin\x64\GDFTrace
\Utilities\bin\x86\MeshConvert
\Utilities\bin\x64\MeshConvert
\Utilities\Source\Sas
\Utilities\Source\Effects11
Third Party Distribution. You may permit distributors of your programs to copy
and distribute the Distributable Code as part of those programs.
ii.
Distribution Requirements. For any Distributable Code you distribute, y
ou must
indemnify, defend, and hold harmless Microsoft from any claims, including attorn
eys fees, related to the distribution or use of your programs.
iii.
Distribution Restrictions. You may not
use Microsofts trademarks in your programs names or in a way that suggests your pr
ograms come from or are endorsed by Microsoft;
distribute Distributable Code to run on a platform other than the Windows, Xbox
and Windows Mobile platforms;
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 r
equires, as a condition of use, modification or distribution, that
disclose the results of any benchmark tests of the software to any third party w
ithout Microsofts prior written approval;
reverse engineer, decompile or disassemble the software, except and only to the
extent that applicable law expressly permits, despite this limitation;
make more copies of the software than specified in this agreement or allowed by
applicable law, despite this limitation;
ot change your rights under the laws of your country if the laws of your country
do not permit it to do so.
11.
DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED AS-IS. YOU BEAR THE RI
SK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS
. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGRE
EMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT E
XCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURP
OSE AND NON-INFRINGEMENT.
12.
LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FR
OM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT
RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDI
RECT OR INCIDENTAL DAMAGES.
This limitation applies to
tout ce qui est reli au logiciel, aux services ou au contenu (y compris le code)
figurant sur des sites Internet tiers ou dans des programmes tiers ; et
updates,
supplements,
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.
If you comply with these license terms, you have the perpetual rights below.
1.
INSTALLATION AND USE RIGHTS. You may install and use any number of copie
s of the software on your devices solely for the purpose of deploying, maintaini
ng, assessing system quality and evaluating your systems and devices on Windows
Server 2008, Windows Server 2008 R2, Windows Server 2012, Windows Server 2012 R2
, Windows Vista, Windows 7, Windows 8, or Windows 8.1 operating system software.
2.
ADDITIONAL LICENSE RIGHTS. In addition to the rights granted in Section
1, certain portions of the software, as described in this Section 2, are provid
ed to you with additional license rights. These additional license rights are c
onditioned upon your compliance with the license restrictions described in this
Section 2.
a.
Windows Pre-Installation Environment. You may install and use the Window
s Pre-Installation Environment for purposes of installing and recovering Windows
operating system software. For the avoidance of doubt, you may not use the Wind
ows Pre-Installation Environment for any other purpose not expressly permitted i
n this agreement, including without limitation as a general operating system, as
a thin client or as a remote desktop client.
b.
RegHiveRecovery.sys, ImageX.exe, Wimgapi.dll, Wimmount.sys, Wimserv.exe,
DISM.exe, DISMAPI.dll, Microsoft.Dism.Powershell.dll and Package Manager. You m
ay install and use the RegHiveRecovery.sys, ImageX.exe, Wimgapi.dll, Wimmount.sy
s, Wimserv.exe, DISM.exe, DISMAPI.dll, Microsoft.Dism.Powershell.dll and Package
Manager portions of the software for recovering Windows operating system softwa
re. For the avoidance of doubt, you may not use these portions of the software f
or any other purpose not expressly permitted in this agreement, including withou
t limitation for purposes of backing up your Windows operating system.
c.
Included Microsoft Programs. The software includes SQL Server 2012 Expr
ess, which is licensed under the terms and conditions of the SQL Server 2012 Exp
ress license located at http://go.microsoft.com/fwlink/?LinkID=237665. You may o
nly use this program in conjunction with the software licensed here. If you do
not accept the SQL Server 2012 Express license terms, you may not use this progr
am.
3.
ACTIVATION. The software activates the use of Windows Vista, Windows Ser
ver 2008, Windows 7, Windows Server 2008 R2, Windows Thin PC, Windows PosReady 7
, Windows 8, Windows Server 2012, Windows 8.1, Windows Server 2012 R2, subsequen
t versions of Windows and subsequent versions of Windows Server, select products
that use add-on product keys, or Microsoft Office 2010 and subsequent versions
of Microsoft Office with a specific physical hardware system (Device). During act
ivation, the software will send information about the Device(s) to Microsoft. T
his information includes the version, language and product key of the software,
the Internet protocol address of the system running the software, and informatio
n derived from the hardware configuration of the Device(s) running Windows Vista
, Windows Server 2008, Windows 7, Windows Server 2008 R2, Windows Thin PC, Windo
ws PosReady 7, Windows 8, Windows Server 2012, Windows 8.1, Windows Server 2012
R2, or subsequent versions of Windows and subsequent versions of Windows Server.
The information sent to Microsoft does not represent any personal information.
This information cannot be used to determine the make or model of the device(s)
and it cannot be backward calculated to determine any additional information abo
ut your device(s). For more information, see go.microsoft.com/fwlink/?linkid=141
210. By using the software, you consent to the transmission of this information.
4.
ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
a.
Distributable Code. The software contains code that you are permitted to
distribute in programs you develop if you comply with the terms below.
i.
Right to Use and Distribute. The code and text files listed below are Dis
tributable Code.
Sample Code. You may modify, copy, and distribute the source and object code for
m of code marked as sample.
Third Party Distribution. You may permit distributors of your programs to copy a
nd distribute the Distributable Code as part of those programs.
ii.
Distribution Requirements. For any Distributable Code you distribute, yo
u must
for any Distributable Code having a filename extension of .lib, distribute only
the results of running such Distributable Code through a linker with your progra
m;
require distributors and external end users to agree to terms that protect it at
least as much as this agreement;
indemnify, defend, and hold harmless Microsoft from any claims, including attorn
eys fees, related to the distribution or use of your programs.
iii.
Distribution Restrictions. You may not
use Microsofts trademarks in your programs names or in a way that suggests your pr
ograms come from or are endorsed by Microsoft;
distribute Distributable Code to run on a platform other than the Windows platfo
rm;
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 re
quires, as a condition of use, modification or distribution, that
8.
SCOPE OF LICENSE. The software is licensed, not sold. This agreement onl
y 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 u
se 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 t
o use it in certain ways. You may not
disclose the results of any benchmark tests of the software, other than the Micr
osoft .NET Framework (see separate term above), to any third party without Micro
softs prior written approval;
reverse engineer, decompile or disassemble the software, except and only to the
extent that applicable law expressly permits, despite this limitation;
make more copies of the software than specified in this agreement or allowed by
applicable law, despite this limitation;
updates,
supplements,
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.
If you comply with these license terms, you have the perpetual rights below.
1.
INSTALLATION AND USE RIGHTS.
a.
Installation and Use. One user may install and use any number of copies
of the software on your devices to design, develop and test your programs.
b.
Build Server List. The software contains certain components that are id
entified in the Build Server List located at http://go.microsoft.com/fwlink/?Lin
kID=317349. You may install copies of the files listed in it, onto your build m
achines, solely for the purpose of compiling, building, verifying and archiving
your programs. These components may only be used in order to create and configu
re build systems internal to your organization to support your internal build en
vironment. These components do not provide external distribution rights to any
of the software or enable you to provide a build environment as a service to thi
rd parties. We may add additional files to this list from time to time.
c.
Drivers for Windows RT 8.1. You may install and use any number of copie
s of the software on your premises to design, develop and test your Specified Dri
ver for use on the Windows RT 8.1 platform. A Specified Driver is the software c
omponents that enable a specific set of device drivers to run on the Windows RT
8.1 platform. You may install and use any number of copies of the software on y
our premises to design, develop and test your Permitted Tools for use in hardware
or software development to run on the Windows RT 8.1 platform. Permitted Tools
are tools used for diagnostics, quality assurance, imaging, updating or installi
ng firmware, and testing and debugging hardware or software. You may not use th
e software to develop applications, ActiveX controls, system extensions, control
panels or any other software intended for or available to end users.
c.
Included Microsoft Programs. The software contains other Microsoft progr
ams. In some cases, those programs and the license terms that that apply to your
use of them are addressed specifically in these license terms. For all other i
ncluded Microsoft programs, these license terms govern your use.
d.
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.
2.
ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
a.
Distributable Code. The software contains code that you are permitted to
distribute in programs you develop if you comply with the terms below.
i.
Right to Use and Distribute. The code and text files listed below are Dis
tributable Code.
REDIST.TXT Files. You may copy and distribute the object code form of code liste
d in REDIST.TXT files plus any of the files listed on the REDIST list located at
http://go.microsoft.com/fwlink/?LinkId=294840.
Third Party Distribution. You may permit distributors of your programs to copy a
nd distribute the Distributable Code as part of those programs.
ii.
Distribution Requirements. For any Distributable Code you distribute, yo
u must
for any Distributable Code having a filename extension of .lib, distribute only
the results of running such Distributable Code through a linker with your progra
m;
require distributors and external end users to agree to terms that protect it at
least as much as this agreement;
indemnify, defend, and hold harmless Microsoft from any claims, including attorn
eys fees, related to the distribution or use of your programs.
iii.
Distribution Restrictions. You may not
use Microsofts trademarks in your programs names or in a way that suggests your pr
ograms come from or are endorsed by Microsoft;
distribute Distributable Code to run on a platform other than the Windows platfo
rm;
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 re
quires, as a condition of use, modification or distribution, that
reverse engineer, decompile or disassemble the software, except and only to the
extent that applicable law expressly permits, despite this limitation;
make more copies of the software than specified in this agreement or allowed by
applicable law, despite this limitation;
7.
BACKUP COPY. You may make one backup copy of the software. You may use i
t only to reinstall the software.
8.
DOCUMENTATION. Any person that has valid access to your computer or inte
rnal network may copy and use the documentation for your internal, reference pur
poses.
9.
EXPORT RESTRICTIONS. The software is subject to United States export law
s and regulations. You must comply with all domestic and international export la
ws and regulations that apply to the software. These laws include restrictions o
n destinations, end users and end use. For additional information, see www.micro
soft.com/exporting.
10.
SUPPORT SERVICES. Because this software is as is, we may not provide suppo
rt services for it.
11.
ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates
, Internet-based services and support services that you use, are the entire agre
ement for the software and support services.
12.
APPLICABLE LAW.
a.
United States. If you acquired the software in the United States, Washin
gton state law governs the interpretation of this agreement and applies to claim
s for breach of it, regardless of conflict of laws principles. The laws of the s
tate where you live govern all other claims, including claims under state consum
er protection laws, unfair competition laws, and in tort.
b.
Outside the United States. If you acquired the software in any other cou
ntry, the laws of that country apply.
13.
LEGAL EFFECT. This agreement describes certain legal rights. You may hav
e other rights under the laws of your country. You may also have rights with res
pect to the party from whom you acquired the software. This agreement does not c
hange your rights under the laws of your country if the laws of your country do
not permit it to do so.
14.
DISCLAIMER OF WARRANTY. The software is licensed as-is. You bear the risk
of using it. Microsoft gives no express warranties, guarantees or conditions. Yo
u may have additional consumer rights or statutory guarantees under your local l
aws 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 an
d nothing in these terms is intended to affect those rights.
15.
LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. You can recover fro
m Microsoft and its suppliers only direct damages up to U.S. $5.00. You cannot r
ecover any other damages, including consequential, lost profits, special, indire
ct or incidental damages.
This limitation applies to
ues.
LIMITATION DES DOMMAGES-INTRTS ET EXCLUSION DE RESPONSABILIT POUR LES DOMMAGES. Vou
s pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation en cas de
dommages directs uniquement hauteur de 5,00 $ US. Vous ne pouvez prtendre aucune
indemnisation pour les autres dommages, y compris les dommages spciaux, indirect
s ou accessoires et pertes de bnfices.
Cette limitation concerne :
tout ce qui est reli au logiciel, aux services ou au contenu (y compris le code)
figurant sur des sites Internet tiers ou dans des programmes tiers ; et
updates,
supplements,
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.
If you comply with these license terms, you have the perpetual rights below.
1.
INSTALLATION AND USE RIGHTS. One user may install and use any number of
copies of the software on your devices to design, develop and test your programs
, solely to create submissions for the Windows Hardware Certification Program.
2.
SCOPE OF LICENSE. The software is licensed, not sold. This agreement onl
y 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 u
se 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 t
o use it in certain ways. You may not
reverse engineer, decompile or disassemble the software, except and only to the
extent that applicable law expressly permits, despite this limitation;
make more copies of the software than specified in this agreement or allowed by
applicable law, despite this limitation;
4.
.NET FRAMEWORK SOFTWARE. The software contains Microsoft .NET Framework
software. This software is part of Windows. The license terms for Windows apply
to your use of the .NET Framework software.
5.
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 benc
hmark test of those components, provided that you comply with the conditions set
forth at go.microsoft.com/fwlink/?LinkID=66406. Notwithstanding any other agree
ment you may have with Microsoft, if you disclose such benchmark test results, M
icrosoft shall have the right to disclose the results of benchmark tests it cond
ucts of your products that compete with the applicable .NET Component, provided
it complies with the same conditions set forth at go.microsoft.com/fwlink/?LinkI
D=66406.
6.
BACKUP COPY. You may make one backup copy of the software. You may use i
t only to reinstall the software.
7.
DOCUMENTATION. Any person that has valid access to your computer or inte
rnal network may copy and use the documentation for your internal, reference pur
poses.
8.
EXPORT RESTRICTIONS. The software is subject to United States export law
s and regulations. You must comply with all domestic and international export la
ws and regulations that apply to the software. These laws include restrictions o
n destinations, end users and end use. For additional information, see www.micro
soft.com/exporting.
9.
SUPPORT SERVICES. Because this software is as is, we may not provide suppo
rt services for it.
10.
ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates
, Internet-based services and support services that you use, are the entire agre
ement for the software and support services.
11.
APPLICABLE LAW.
a.
United States. If you acquired the software in the United States, Washin
gton state law governs the interpretation of this agreement and applies to claim
s for breach of it, regardless of conflict of laws principles. The laws of the s
tate where you live govern all other claims, including claims under state consum
er protection laws, unfair competition laws, and in tort.
b.
Outside the United States. If you acquired the software in any other cou
ntry, the laws of that country apply.
12.
LEGAL EFFECT. This agreement describes certain legal rights. You may hav
e other rights under the laws of your country. You may also have rights with res
pect to the party from whom you acquired the software. This agreement does not c
hange your rights under the laws of your country if the laws of your country do
not permit it to do so.
13.
DISCLAIMER OF WARRANTY. The software is licensed as-is. You bear the risk
of using it. Microsoft gives no express warranties, guarantees or conditions. Yo
u may have additional consumer rights or statutory guarantees under your local l
aws 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 an
d nothing in these terms is intended to affect those rights.
14.
LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. You can recover fro
m Microsoft and its suppliers only direct damages up to U.S. $5.00. You cannot r
ecover any other damages, including consequential, lost profits, special, indire
ct or incidental damages.
This limitation applies to
y 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, consequen
tial or other damages.
Please note: As this software is distributed in Quebec, Canada, these license te
rms are provided below in French.
Remarque : Ce logiciel tant distribu au Qubec, Canada, certaines des clauses dans c
e contrat sont fournies ci-dessous en franais.
EXONRATION DE GARANTIE. Le logiciel vis par une licence est offert tel quel . Toute
utilisation de ce logiciel est votre seule risque et pril. Microsoft naccorde auc
une autre garantie expresse. Vous pouvez bnficier de droits additionnels en vertu
du droit local sur la protection des consommateurs, que ce contrat ne peut modif
ier. La ou elles sont permises par le droit locale, les garanties implicites de
qualit marchande, dadquation un usage particulier et dabsence de contrefaon sont excl
ues.
LIMITATION DES DOMMAGES-INTRTS ET EXCLUSION DE RESPONSABILIT POUR LES DOMMAGES. Vou
s pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation en cas de
dommages directs uniquement hauteur de 5,00 $ US. Vous ne pouvez prtendre aucune
indemnisation pour les autres dommages, y compris les dommages spciaux, indirect
s ou accessoires et pertes de bnfices.
Cette limitation concerne :
tout ce qui est reli au logiciel, aux services ou au contenu (y compris le code)
figurant sur des sites Internet tiers ou dans des programmes tiers ; et
updates,
supplements,
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.
As described below, using some features also operates as your consent to the tra
nsmission of certain standard computer information for Internet-based services.
If you comply with these license terms, you have the perpetual rights below.
1.
INSTALLATION AND USE RIGHTS.
a.
You may install and use any number of copies of the software on your dev
ices to design, develop and test your programs that run on a Windows operating s
ystem. Further, you may install, use and/or deploy via a network management sys
tem or as part of a desktop image, any number of copies of the software on compu
ter devices within your internal corporate network to design, develop and test y
our programs that run on a Windows operating system. Each copy must be complete,
including all copyright and trademark notices. You must require end users to ag
ree to terms that protect the software as much as these license terms.
b.
Utilities. The software contains certain components that are identified
in the Utilities List located at go.microsoft.com/fwlink/?LinkId=294837. Depen
ding on the specific edition of the software, the number of Utility files you re
ceive with the software may not be equal to the number of Utilities listed in th
e Utilities List. Except as otherwise provided on the Utilities List for speci
fic files, 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 mu
st delete all the Utilities installed onto a third party machine within the earl
ier of (i) when you have finished debugging or deploying your programs; or (ii)
thirty (30) days after installation of the Utilities onto that machine. We may a
dd additional files to this list from time to time.
c.
Build Server List. The software contains certain components that are id
entified in the Build Server List located at go.microsoft.com/fwlink/?LinkId=294
839. You may install copies of the files listed in it, onto your build machine
s, solely for the purpose of compiling, building, verifying and archiving your p
rograms. These components may only be used in order to create and configure bui
ld systems internal to your organization to support your internal build environm
ent. These components do not provide external distribution rights to any of the
software or enable you to provide a build environment as a service to third par
ties. We may add additional files to this list from time to time.
d.
Included Microsoft Programs. The software contains other Microsoft progr
ams. Unless otherwise indicated in this agreement, these license terms apply to
your use of those programs.
e.
Third Party Notices. The software may include third party code that Mic
rosoft, not the third party, licenses to you under this agreement. Notices, if a
ny, for the third party code are included for your information only. Notices, i
f any, for this third party code are included with the software and may be found
in the ThirdPartyNotices.txt file located at go.microsoft.com/fwlink/?LinkId=29
4838.
2.
ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
a.
Distributable Code. The software contains code that you are permitted to
distribute in programs you develop if you comply with the terms below.
i.
Right to Use and Distribute. The code and text files listed below are Dis
tributable Code.
REDIST.TXT Files. You may copy and distribute the object code form of code liste
d in REDIST.TXT files plus the files listed on the REDIST.TXT list located at go
.microsoft.com/fwlink/?LinkId=294840. Depending on the specific edition of the
software, the number of REDIST files you receive with the software may not be eq
ual to the number of REDIST files listed in the REDIST.TXT List. We may add addi
tional files to this list from time to time.
Third Party Distribution. You may permit distributors of your programs to copy a
nd distribute the Distributable Code as part of those programs.
ii.
Distribution Requirements. For any Distributable Code you distribute, yo
u must
for any Distributable Code having a filename extension of .lib, distribute only
the results of running such Distributable Code through a linker with your progra
m;
require distributors and external end users to agree to terms that protect it at
least as much as this agreement;
for Distributable Code from the Windows Performance Toolkit portions of the soft
ware, distribute the unmodified software package as a whole with your programs,
with the exception of the KernelTraceControl.dll and the WindowsPerformanceRecor
derControl.dll which can be distributed with your programs;
indemnify, defend, and hold harmless Microsoft from any claims, including attorn
eys fees, related to the distribution or use of your programs.
iii.
Distribution Restrictions. You may not
use Microsofts trademarks in your programs names or in a way that suggests your pr
ograms come from or are endorsed by Microsoft;
distribute partial copies of the Windows Performance Toolkit portion of the soft
ware package with the exception of the KernelTraceControl.dll and the WindowsPer
formanceRecorderControl.dll which can be distributed with your programs;
distribute Distributable Code to run on a platform other than the Windows platfo
rm;
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 re
quires, as a condition of use, modification or distribution, that
Error Reports. This software automatically sends error reports to Microsoft. The
se reports include information about problems that occur in the software. Someti
mes reports contain information about other programs that interact with the soft
ware. Reports might unintentionally contain personal information. For example, a
report that contains a snapshot of computer memory might include your name. Par
t of a document you were working on could be included as well. Microsoft does no
t use this information to identify or contact you. To learn more about error rep
orts, see http://oca.microsoft.com/en/dcp20.asp.
Windows Application Certification Kit. To ensure you have the latest certificati
on tests, when the Windows Application Certification Kit software is launched it
periodically checks download.microsoft.com to see if an update is available. I
f an update is found for the data files, it is automatically downloaded for use
by the kit in certification tests. If an update is found to other parts of the
kit, you are provided a link to a website where the update is available for down
load.
ii.
Use of Information. We may use the computer information, error reports,
and CEIP information, to improve our software and services. We may also share it
with others, such as hardware and software vendors. They may use the informatio
n to improve how their products run with Microsoft software.
5. .NET FRAMEWORK SOFTWARE. The software contains Microsoft .NET Framework sof
tware. This software is part of Windows. The license terms for Windows apply to
your use of the .NET Framework 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 benc
hmark test of those components, provided that you comply with the conditions set
forth at go.microsoft.com/fwlink/?LinkID=66406. Notwithstanding any other agree
ment you may have with Microsoft, if you disclose such benchmark test results, M
icrosoft shall have the right to disclose the results of benchmark tests it cond
ucts of your products that compete with the applicable .NET Component, provided
it complies with the same conditions set forth at go.microsoft.com/fwlink/?LinkI
D=66406
7.
SCOPE OF LICENSE. The software is licensed, not sold. This agreement onl
y 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 u
se 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 t
o use it in certain ways. You may not
disclose the results of any benchmark tests of the software, other than the Micr
osoft .NET Framework (see separate term above), to any third party without Micro
softs prior written approval;
reverse engineer, decompile or disassemble the software, except and only to the
extent that applicable law expressly permits, despite this limitation;
make more copies of the software than specified in this agreement or allowed by
applicable law, despite this limitation;
Please note: As this software is distributed in Quebec, Canada, some of the clau
ses in this agreement are provided below in French.
Remarque : Ce logiciel tant distribu au Qubec, Canada, certaines des clauses dans c
e contrat sont fournies ci-dessous en franais.
EXONRATION DE GARANTIE. Le logiciel vis par une licence est offert tel quel . Toute
utilisation de ce logiciel est votre seule risque et pril. Microsoft naccorde auc
une autre garantie expresse. Vous pouvez bnficier de droits additionnels en vertu
du droit local sur la protection des consommateurs, que ce contrat ne peut modif
ier. La ou elles sont permises par le droit locale, les garanties implicites de
qualit marchande, dadquation un usage particulier et dabsence de contrefaon sont excl
ues.
LIMITATION DES DOMMAGES-INTRTS ET EXCLUSION DE RESPONSABILIT POUR LES DOMMAGES. Vou
s pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation en cas de
dommages directs uniquement hauteur de 5,00 $ US. Vous ne pouvez prtendre aucune
indemnisation pour les autres dommages, y compris les dommages spciaux, indirect
s ou accessoires et pertes de bnfices.
Cette limitation concerne :
tout ce qui est reli au logiciel, aux services ou au contenu (y compris le code)
figurant sur des sites Internet tiers ou dans des programmes tiers ; et
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,
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 Microsofts refund policies. See www.mi
crosoft.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 TRAN
SMISSION OF CERTAIN COMPUTER INFORMATION DURING ACTIVATION, VALIDATION AND USE O
F INTERNET-BASED SERVICES.
OVERVIEW OF TRIAL EDITION. If the software is a trial edition, then this Sectio
n 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 editi
on 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 runn
ing. 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 ru
nning. You may convert your trial rights at any time to the full-use rights desc
ribed below by acquiring a valid full-use license.
C. Sections 13(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 r
isk of using it. Microsoft gives no express warranties, guarantees or condition
s. You may have additional consumer rights under your local laws which this agr
eement cannot change. To the extent permitted under your local laws, Microsoft
excludes the implied warranties of merchantability, fitness for a particular pur
pose and non-infringement.
FOR AUSTRALIA You have statutory guarantees under the Australian Consumer Law an
d 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 i
t.
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 r
ecover any other damages, including consequential, lost profits, special, indire
ct or incidental damages.
This limitation applies to
nse 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 LICEN
SE YOU ACQUIRE.
1. OVERVIEW.
a. Software. The software includes development tools, software programs and do
cumentation.
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, de
velop, test and demonstrate your programs. You may not use the software on a ser
ver in a production environment.
b. Product Keys and Access Credentials. The software allows you to access ser
vices and features using your Microsoft account or other supported login credent
ials. 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 pr
oduct 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. D
epending on the specific edition of the software, the number of Utility files yo
u receive with the software may not be equal to the number of Utilities listed i
n the Utilities List. You may copy and install the Utilities you receive with t
he 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 sof
tware. You must delete all the Utilities installed onto such other machines wi
thin the earlier of (i) when you have finished debugging or deploying your progr
ams; or (ii) thirty (30) days after installation of the Utilities on those machi
nes.
c. Build Server. The software contains certain components that are identified
in the Build Server List located at http://go.microsoft.com/fwlink/?LinkId=3136
03. 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 pro
grams or to run quality or performance tests as part of the build process on you
r build machines.
d. Font Components. While the software is running, you may use its fonts to d
isplay and print content. You may only
a. Right to Use and Distribute. The code and text files listed below are Distri
butable 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=313
603.
Sample Code. You may copy, modify and distribute the source and object cod
e form of code marked as sample.
Image Library. You may copy and distribute images and animations in the Im
age 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 c
opy, modify, and distribute the source and object code form of these site templa
tes.
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 ob
ject code form of code identified as Sketch or Simple Styles.
Silverlight 5 SDK Libraries. You may copy and distribute the object code f
orm of code marked as Silverlight Libraries, Client Libraries, and Server Libraries.
ASP.NET and Web Tooling Extensions .js Files. You may copy, modify and dis
tribute any .js files contained in the ASP.NET Model View Controller, ASP.NET We
b 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 dis
tribute the .js files contained in the Visual Studio LightSwitch project templat
es as part of your LightSwitch programs.
require distributors and external end users to agree to terms that protect
the Distributable Code at least as much as this agreement;
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:
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 t
hat 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 sect
ion, the following also applies to your programs that work in conjunction with W
indows Library for JavaScript. The Windows Library for JavaScript files help yo
ur programs implement the Windows design template and UI look and feel. You may
copy, use and distribute these files, without modification, in programs you deve
lop for your internal use or in programs that you develop and distribute to thir
d parties. You may distribute programs containing the Windows Library for JavaS
cript files only through the Windows Store and not by any other means.
e. Additional Licensing Requirements and/or Distribution Rights for Features M
ade Available with the Software:
Bing Maps. The software may include features that retrieve content such a
s maps, images and other data through the Bing Maps (or successor branded) appli
cation 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 co
njunction with and through methods and means of access integrated in the softwar
e. You may not otherwise copy, store, archive, or create a database of the conte
nt available through the Bing Maps API. You may not use the Bing Maps API to pro
vide sensor based guidance/routing, nor use any Road Traffic Data or Birds Eye Im
agery (or associated metadata) even if available through the Bing Maps API for a
ny purpose.
Device ID Access. The software may contain a component that enables progr
ams to access the device ID of the device that is running the program. In additi
on to the other limitations in this agreement, you must comply with all applicab
le local laws and regulations when using the device ID access component or the r
est of the software.
PlayReady Support. The software includes the Windows Phone Emulator, whic
h contains Microsofts PlayReady content access technology. Content owners use Mi
crosoft PlayReady content access technology to help protect their intellectual p
roperty, 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 softwares ability to
Microsoft Advertising SDK. If you pass precise location data or other user
related data (e.g., user identifier, profile data, behaviorally tracked user da
ta) 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 informatio
n and providing this information to Microsoft for Microsofts advertising use, and
(b) explicitly obtain affirmative user consent (e.g. the user must click an Acce
pt or continue Install button) for this upon download of the software and/or applic
ation. In addition, you agree to: (a) comply with certification and other requi
rements for Windows Phone; (b) comply with Microsofts privacy and other policies
in your collection and use of any user data; (c) not collect or use any user ide
ntifier created or provided to you by Microsoft for any purpose other than passi
ng 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 advertis
ing at the following location https://choice.live.com/AdvertisementChoice/.
5. DATA.
a. Consent for Internet-Based Services. Microsoft provides Internet-based serv
ices with the software. It may change or cancel them at any time. The software f
eatures described below and in the Visual Studio 2013 privacy statement connect
to Microsoft or service provider computer systems over the Internet. In some cas
es, 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 CON
SENT TO THE TRANSMISSION OF THIS INFORMATION. Microsoft does not use the informa
tion to identify or contact you.
Extensions and Updates; and New Project Dialog. Extensions and Updates; an
d New Project Dialog can retrieve other software through the Internet from Visua
l Studio Gallery, Microsoft Download Center and MSDN Samples websites. To provi
de this other software, Extensions and Updates; and New Project Dialog send to M
icrosoft 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 Updat
es contains an automatic update feature that is on by default.
For more information about this feature, including instructions for to turning i
t 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 exp
ressly opt out of this feature, the feature will (a) connect to Microsoft or ser
vice provider computer systems over the Internet, (b) use Internet protocols to
send to the appropriate systems standard computer information, such as your comp
uters Internet protocol address, operating system, the name and version of the so
ftware you are using and language code of the device where you installed the sof
tware, and (c) prompt you to download and/or install, current updates to the sof
tware or other third party software. In some cases, you will not receive a separ
ate notice before this feature takes effect. By installing the software, you con
sent to the transmission of standard computer information.
Really Simple Syndication (RSS) Feed. This software start page contains upda
ted content that is supplied by means of an RSS feed online from Microsoft.
Web Content Features. Features in the software can retrieve related conten
t from Microsoft and provide it to you. To provide the content, these features s
end 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 install
ed the software. Examples of these features are clip art, templates, online trai
ning, 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 t
he 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 fea
tures, to improve its software and services. Microsoft or such third party may a
lso share this information with others, such as hardware and software vendors th
at may use the information to improve how their products run with Microsoft soft
ware.
Open Data Protocol (OData) Service. The Microsoft NuGet-Based Package Manager an
d 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 i
s accessed by means of an OData service online located at go.microsoft.com/fwlin
k/?LinkID=206669. You may change the feed URL that the package manager feature
initially points to at any time at your discretion.
Visual Studio Experience Improvement Program. This software uses the Visua
l Studio Experience Improvement Program (VSEIP) which is on by default. VSEIP hel
ps Microsoft collect information about problems that you have while using the so
ftware. Microsoft also uses VSEIP Information to improve its software and servic
es. Microsoft may also share VSEIP data with others, such as agents acting on M
icrosofts behalf and hardware and software vendors to improve how their products
run with Microsoft software. To learn more about VSEIP, including how you can op
t out, see go.microsoft.com/fwlink/?LinkId=286720 .
software and roam the softwares settings without being asked to reenter your Micr
osoft account credentials each time you start the software. For more information
about signing into the software and the services available therein with a Micro
soft account, see the privacy statement http://go.microsoft.com/fwlink/?LinkId=2
86720 .
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 h
ow their products run with Microsoft software.
6. MICROSOFT .NET FRAMEWORK BENCHMARK TESTING. The software includes one or mo
re components of the .NET Framework (.NET Components). You may conduct internal be
nchmark testing of those components. You may disclose the results of any benchma
rk test of those components, provided that you comply with the conditions set fo
rth at go.microsoft.com/fwlink/?LinkID=66406. Notwithstanding any other agreeme
nt you may have with Microsoft, if you disclose such benchmark test results, Mic
rosoft shall have the right to disclose the results of benchmark tests it conduc
ts 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 Components Provided for Use with the Software. The software inc
ludes compilers, languages, runtimes, environments, and other resources that ena
ble development for many Microsoft platforms. As a convenience to our Visual St
udio customers, the software may install certain Microsoft SDKs and other Micros
oft components that target and support those platforms. These components may be
licensed and supported under their own terms and policies. The license terms f
or these software components are located in the Licenses folder of the software in
stallation directory. If you do not agree to the license terms for these softwa
re components, you may not use them.
8. PACKAGE MANAGER AND THIRD PARTY SOFTWARE INSTALLATION FEATURES. The softwar
e includes the following features (each a Feature), each of which enables you to o
btain software applications or packages through the Internet from other sources:
Extension Manager, New Project Dialog, Web Platform Installer, Microsoft NuGetBased 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 appli
cations or packages to you, but instead, as a convenience, enables you to use th
e Features to access or obtain those applications or packages directly from the
third-party application or package providers. By using the Features, you acknow
ledge 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 (includi
ng, with respect to the package-manager Features, any terms applicable to softwa
re dependencies that may be included in the package).
disclose the results of any benchmark tests of the software to any third p
arty without Microsofts prior written approval, however, this does not apply to t
he Microsoft .NET Framework (see Section 6);
make more copies of the software than specified in this agreement or allow
ed by applicable law, despite this limitation;
e 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 a
re 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, you
r proof of license is the genuine Microsoft certificate of authenticity label wi
th the accompanying genuine product key and your proof of purchase. If you purch
ased and downloaded the software online, your proof of license is the genuine Mi
crosoft product key for the software which you received with your purchase and y
our proof of purchase from an authorized electronic supplier of genuine Microsof
t software. Proof of purchase may be subject to verification by your merchants re
cords. To identify genuine Microsoft software, see www.howtotell.com.
15. TRANSFER TO A THIRD PARTY. The first licensee of the software may transfer i
t and this license agreement directly to another party. Before the transfer, tha
t party must agree that this agreement applies to the transfer and use of the so
ftware. The transfer must include the software, genuine Microsoft product key, a
nd (if applicable) the Proof of License label. The first licensee must uninstall
all copies of the software before transferring it separately from the device. T
he 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 lice
nsed 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 o
r the software license agreement to another party.
16. NOTICE ABOUT THE H.264/AVC VISUAL STANDARD, AND THE VC-1 VIDEO STANDARD. Thi
s 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 LICEN
SES 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-COMMERC
IAL 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 SU
CH PRODUCT IS INCLUDED WITH THIS SOFTWARE IN A SINGLE ARTICLE. NO LICENSE IS GRA
NTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAIN
ED 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 n
ot include (i) redistribution of the decoding technology to third parties, or (i
i) creation of content with the VIDEO STANDARDS compliant technologies for distr
ibution to third parties.
17. EXPORT RESTRICTIONS. The software is subject to United States export laws an
d regulations. You must comply with all domestic and international export laws a
nd regulations that apply to the software. These laws include restrictions on de
stinations, end users and end use. For additional information, see www.microsoft
.com/exporting .
18. SUPPORT SERVICES. Microsoft provides support services for the software as de
scribed at www.support.microsoft.com/common/international.aspx .
19. ENTIRE AGREEMENT. This agreement (including the warranty below), and the ter
ms for supplements, updates, Internet-based services and support services that y
ou 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, Washingto
n state law governs the interpretation of this agreement and applies to claims f
or breach of it, regardless of conflict of laws principles. The laws of the stat
e 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 countr
y, the laws of that country apply.
21. LEGAL EFFECT. This agreement describes certain legal rights. You may have ot
her rights under the laws of your state or country. You may also have rights wit
h 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 yo
ur state or country do not permit it to do so.
22. LIMITATION ON AND EXCLUSION OF DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND I
TS SUPPLIERS ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE SOFTWARE. YOU
CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIA
L, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
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 consequent
ial damages, so the above limitation or exclusion may not apply to you. They als
o may not apply to you because your country may not allow the exclusion or limit
ation 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 wi
th 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 m
ay have under law, including your rights and remedies in accordance with the sta
tutory 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 U
SER. IF YOU RECEIVE SUPPLEMENTS, UPDATES, OR REPLACEMENT SOFTWARE DURING THAT YE
AR, 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 warra
nty 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 lim
itations on how long an implied warranty lasts, so these limitations may not app
ly 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 y
our acts (or failures to act), the acts of others, or events beyond Microsofts re
asonable control.
D. REMEDY FOR BREACH OF WARRANTY. MICROSOFT WILL REPAIR OR REPLACE THE SOFTWAR
E 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 REPLAC
E SUPPLEMENTS, UPDATES AND REPLACEMENT SOFTWARE AT NO CHARGE. IF MICROSOFT CANNO
T REPAIR OR REPLACE THEM, IT WILL REFUND THE AMOUNT YOU PAID FOR THEM, IF ANY. Y
OU MUST UNINSTALL THE SOFTWARE AND RETURN ANY MEDIA AND OTHER ASSOCIATED MATERIA
LS TO MICROSOFT WITH PROOF OF PURCHASE TO OBTAIN A REFUND. THESE ARE YOUR ONLY R
EMEDIES 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.
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 M
icrosoft at
(800) MICROSOFT;
Microsoft Customer Service and Support, One Microsoft Way, Redmond, WA 980
52-6399; 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
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. I
f you acquired the software outside the United States, Canada, Europe, the Middl
e East, Africa and Australia, contact the Microsoft affiliate serving your count
ry (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 MER
CHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. If your loc
al laws give you any implied warranties, guarantees or conditions, despite this
exclusion, your remedies are described in the Remedy for Breach of Warranty clau
se above, to the extent permitted by your local laws.
FOR AUSTRALIA ONLY. In this paragraph, goods refers to the software for which Micr
osoft 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 foresee
able loss or damage. You are also entitled to have the goods repaired or replace
d 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 go
ods of the same type rather than being replaced. Refurbished parts may be used t
o repair the goods.
H. LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY. THE LIMITATI
ON 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 RIGHT
S WHICH VARY FROM STATE TO STATE. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM
COUNTRY TO COUNTRY.
EULAID: VS2013_RTM_PRO.1_ENU
---------------------------------------------------------------------------------------MICROSOFT SOFTWARE SUPPLEMENTAL LICENSE TERMS
.NET FRAMEWORK 4.5 FOR MICROSOFT WINDOWS OPERATING SYSTEM AND ASSOCIATED LANGUAG
E PACKS
---------------------------------------------------------------------------------------Microsoft Corporation (or based on where you live, one of its affiliates) licens
es this supplement to you. If you are licensed to use Microsoft Windows operatin
g system software (the software), you may use this supplement. You may not use it
if you do not have a license for the software. You may use this supplement with
each validly licensed copy of the software.
The following license terms describe additional use terms for this supplement. T
hese terms and the license terms for the software apply to your use of the suppl
ement. If there is a conflict, these supplemental license terms apply.
By using this supplement, you accept these terms. If you do not accept them, do
not use this supplement.
If you comply with these license terms, you have the rights below.
1.
DISTRIBUTABLE CODE. The supplement is comprised of Distributable Code. Di
stributable Code is code that you are permitted to distribute in programs you dev
elop if you comply with the terms below.
a.
Right to Use and Distribute.
You may copy and distribute the object code form of the supplement.
Third Party Distribution. You may permit distributors of your programs to copy a
nd distribute the Distributable Code as part of those programs.
b.
Distribution Requirements. For any Distributable Code you distribute, yo
u must
for any Distributable Code having a filename extension of .lib, distribute only
the results of running such Distributable Code through a linker with your progra
m;
require distributors and external end users to agree to terms that protect it at
least as much as this agreement;
indemnify, defend, and hold harmless Microsoft from any claims, including attorn
eys fees, related to the distribution or use of your programs.
c.
Distribution Restrictions. You may not
use Microsofts trademarks in your programs names or in a way that suggests your pr
ograms come from or are endorsed by Microsoft;
distribute Distributable Code to run on a platform other than the Windows platfo
rm;
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 re
quires, as a condition of use, modification or distribution, that
more components of the .NET Framework (.NET Components). You may conduct inter
nal benchmark testing of those components. You may disclose the results of any b
enchmark test of those components, provided that you comply with the conditions
set forth at go.microsoft.com/fwlink/?LinkID=66406. Notwithstanding any other a
greement you may have with Microsoft, if you disclose such benchmark test result
s, Microsoft shall have the right to disclose the results of benchmark tests it
conducts of your products that compete with the applicable .NET Component, provi
ded it complies with the same conditions set forth at go.microsoft.com/fwlink/?L
inkID=66406.
Version 3