MICROSOFT PRE-RELEASE SOFTWARE LICENSE TERMS
MICROSOFT WINDOWS SERVER
These license terms are an agreement between Microsoft Corporation (or based on where you live, or if a business, where your principal place of business is located, one of its affiliates) and you. If you are entering into this agreement on behalf of an entity, such as your employer, you represent that you have the legal authority to bind that entity. Please read them. They apply to the pre-release software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft:
· Internet-based services, and
· 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 automatic updates, the transmission of certain standard computer information for Internet-based services.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS
· You may install and use any number of copies of the software on your premises to design, develop and test your programs for use with the software. You may use as many copies of the software as the product key permits.
· You may not test the software in a live operating environment unless Microsoft permits you to do so under another agreement.
· The software may include tools and components to support new features of the operating system. You may not use or redistribute these tools or components for any purpose other than for use by those new features that are distributed as part of the operating system. For example, Service Fabric is a software component that may be used by the Network Controller feature of the operating system only.
2. INTERNET-BASED SERVICES; PRIVACY. Microsoft provides Internet-based services with the software. It may change or cancel them at any time.
Consent for Internet-Based Services. Because this software is a pre-release version, we
have turned on some internet-based features by default to obtain feedback about them. The software features described below and in the Windows Privacy Statement connect to Microsoft or service provider computer systems over the Internet. In some cases, you will not receive a separate notice when they connect. In some cases, you may switch off these features or not use them. For more information about these features, see go.microsoft.com/fwlink/?LinkId=723606. By using these features, you consent to the transmission of this information to any country Microsoft operates in. The list below may not be fully-inclusive.
Computer Information. Some software features use Internet protocols, which send to Microsoft (or its suppliers or service providers) computer information, such as your Internet protocol address, the type of operating system, browser and name and version of the software you are using, and the language code of the device where you installed the software. Microsoft uses this information to make the Internet-based services available to you, in accordance with the Privacy Statement at go.microsoft.com/fwlink/?LinkId=723606.
3. ACTIVATION. Activation associates the use of the software with a specific device. During activation, the software will send information about the software and the device to Microsoft. This information includes the version, language and product key of the software, the Internet protocol address of the device, and information derived from the hardware configuration of the device. For more information, see go.microsoft.com/fwlink/?LinkId=39157. By using the software, you consent to the transmission of this information. If properly licensed, you have the right to use the version of the software installed during the installation process up to the time permitted for activation. Unless the software is activated, you have no right to use the software after the time permitted for activation. This is to prevent its unlicensed use. You are not permitted to bypass or circumvent activation. If the device is connected to the Internet, the software may automatically connect to Microsoft for activation. You can also activate the software manually by Internet or telephone. If you do so, Internet and telephone service charges may apply. Some changes to your computer components or the software may require you to reactivate the software. The software will remind you to activate it until you do.
4. TIME-SENSITIVE SOFTWARE. The software will stop running on a predetermined date. You will not receive any other notice. You may not be able to access data used with the software when it stops running. Please see go.microsoft.com/fwlink/?LinkId=624232 for specific information about the end date for the software.
5. PRODUCT KEYS. The software may require a key to install or access it. If it does, you are responsible for the use of keys assigned to you. You should not share the keys with third parties.
6. PRE-RELEASE SOFTWARE. This software is a pre-release version. It may not work the way a final version of the software will. We may change it for the final, commercial version. We also may not release a commercial version.
7. FEEDBACK. If you give feedback about the software to Microsoft, you give to Microsoft,
without charge, the right to use, share and commercialize your feedback in any way and for any purpose. You also give to third parties, without charge, any patent rights needed for their products, technologies and services to use or interface with any specific parts of a Microsoft software or service that includes the feedback. You will not give feedback that is subject to a license that requires Microsoft to license its software or documentation to third parties because we include your feedback in them. These rights survive this agreement.
8. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not:
· disclose the results of any benchmark tests of the software, other than the Microsoft .NET Framework (see separate term above), to any third party without Microsoft’s prior written approval;
· work around any technical limitations in the software;
· reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
· make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
· publish the software for others to copy;
· rent, lease or lend the software;
· transfer the software or this agreement to any third party; or
· use the software for commercial software hosting services.
9. .NET FRAMEWORK
The software includes one or more components of the .NET Framework, which you may use only as described at go.microsoft.com/fwlink/?linkid=66406, if you use the .NET Framework components to conduct internal benchmark testing.
10. H.264/AVC AND MPEG-4 VISUAL STANDARDS AND VC-1 AND MPEG-2 VIDEO STANDARDS
This software may include H.264/AVC, VC-1, and MPEG-4 Part 2, and MPEG-2 visual compression technology. MPEG LA, L.L.C. requires this notice:
THIS PRODUCT IS LICENSED UNDER THE AVC, THE VC-1, THE MPEG-4 PART 2 VISUAL, AND THE MPEG-2 VIDEO PATENT PORTFOLIO LICENSES FOR THE PERSONAL AND
NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE ABOVE STANDARDS (“VIDEO STANDARDS”) AND/OR (ii) DECODE AVC, VC-1, MPEG-4 PART 2 AND MPEG-2 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE SUCH VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C SEE WWW.MPEGLA.COM.
11. ADOBE FLASH PLAYER
The software may include a version of Adobe Flash Player. You agree that your use of the Adobe Flash Player is governed by the license terms for Adobe Systems Incorporated, at go.microsoft.com/fwlink/?LinkID=248532. Adobe and Flash are either registered trademarks or trademarks of Adobe Systems Incorporated in the United States and/or other countries.
12. 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 programs are included for your information only.
13. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see microsoft.com/exporting.
14. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.
15. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
16. APPLICABLE LAW United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
Outside the United States. If you acquired the software in any other country, the laws of that country apply.
17. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
18. DISCLAIMER OF WARRANTY. The software is licensed “as-is.” You bear the risk of using it. Microsoft gives no express warranties, guarantees or conditions. You may have additional consumer rights or statutory guarantees under your local laws which this agreement cannot change. To the extent permitted under your local laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
For Australia only – You have statutory guarantees under the Australian Consumer Law and nothing in these terms is intended to affect those rights.
19. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. You can recover from Microsoft and its suppliers only direct damages up to $5.00 USD. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
This limitation applies to:
· anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
· claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages. If your local law allows you to recover other damages from Microsoft even though we do not, you cannot recover more than $5.00 USD, or the amount you paid for the software, whichever is higher.