MICROSOFT SOFTWARE LICENSE TERMS
Microsoft DreamSpark
• Microsoft SQL Server 2005 Developer Edition
• Microsoft Visual Studio 2005 Professional Edition
• Microsoft Visual Studio 2008 Professional Edition
• Microsoft Expression Studio 1.0
• Microsoft Expression Studio 2
• Windows Server 2003 R2 Standard Edition with Service Pack 2
These license terms are an agreement between Microsoft Corporation (or based on where You, as defined below, live, one of its affiliates) and You. Please read them. For purposes of this agreement the term “Software” applies to the software named above, which is provided to You under the Microsoft DreamSpark program (“Student Program”), and includes the media on which You received it, if any. The terms also apply to any Microsoft
• updates,
• supplements,
• Internet-based services, and
• support services
for the Software.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE.
AS DESCRIBED BELOW, USING SOME FEATURES ALSO OPERATES AS YOUR CONSENT TO THE TRANSMISSION OF CERTAIN STANDARD COMPUTER INFORMATION FOR INTERNET-BASED SERVICES.
NOTICE: APPLICATIONS AND SERVICES BUILT WITH MICROSOFT VISUAL J# 2005 WILL RUN ONLY IN THE MICROSOFT .NET FRAMEWORK. VISUAL J# 2005 HAS BEEN INDEPENDENTLY DEVELOPED BY MICROSOFT. IT IS NOT ENDORSED OR APPROVED BY SUN MICROSYSTEMS, INC.
If You comply with these license terms, You have the rights below.
1. NOTICE: STUDENT PROGRAM SOFTWARE. The terms of this license apply to all Software provided to You under the Student Program, and shall supersede and control over any conflicting license terms You may encounter in the Software, even if installation of the Software requires You to “accept” a separate end user license agreement.
2. DEFINITIONS. "You" or “Your” means a person enrolled in and attending “for credit” courses through an educational institution.
3. STUDENT PROGRAM USE RIGHTS.
a. Installation and Use Rights. You may install one copy of the Software made available to You through the Student Program on Your own device, but only (a) to support science, technology, engineering, mathematics and/or design (“STEM-D”) courses, labs, or programs You are enrolled in and attending through Your educational institution; (b) in non-commercial STEM-D research; or (c) to design, develop, test, and demonstrate software programs for the above purposes.
b. Restrictions. You may not use the Software:
• for commercial purposes (except as permitted under Section 3(d); or
• to develop or maintain Your own administrative or IT systems, or those of Your educational institution.
c. Violations. If Microsoft informs You that You have violated these license terms, You must immediately discontinue any use of the Software provided to You under the Student Program, and You must return or destroy all copies of the Software in Your possession.
d. No commercial use. If You use the Software to create software programs, You may only commercially use or distribute them upon the purchase of appropriate commercial license(s) for the Software.
4. END OF STUDENT STATUS; TERMINATION.
a. End of Student Status. If You no longer qualify for the Student Program (by failing to meet the definition of "You" above), then Your membership in the Student Program will automatically terminate, however, You may continue to use the Software You obtained prior to termination of Your student status subject to the terms of this license.
b. Termination. Microsoft may terminate Your usage of any Software obtained from the Student Program if You fail to comply with any of these terms.
5. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
a. Font Components. While the Software is running, You may use the fonts in the Software to display and print content. You may only:
• embed fonts in content as permitted by embedding restrictions in the fonts; and,
• temporarily download them to a printer or other output device to help print content.
b. Third Party Programs. Certain programs of the Software contain third party programs. The license terms with those programs apply to Your use of them.
6. MANDATORY ACTIVIATION. To prevent its unlicensed use, You will not be able to use certain programs of the Software if You do not activate it as described during installation or setup. You can activate the Software by Internet or telephone; 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 until You do.
7. PRODUCT KEYS. Certain programs of the Software require a key to install or access it. You are responsible for the use of keys assigned to You. You should not share the keys with third parties.
8. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the Software. It may change or cancel them at any time.
a. Consent for Internet-Based Services. The Software features described below connect to Microsoft or service provider computer systems over the Internet. In some cases, 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 the Software documentation. BY USING THESE FEATURES, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION. Microsoft does not use the information to identify or contact You.
Computer Information. The following features use Internet protocols, which send to the appropriate systems 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.
• Digital Certificates. Certain programs of the Software use digital certificates. These digital certificates confirm the identity of Internet users sending X.509 standard encrypted information. The Software retrieves certificates and updates certificate revocation lists. These security features only operate when You use the Internet.
• Windows Update Feature. You may connect new hardware to the device where You run the Software. Your device may not have the drivers needed to communicate with that hardware. If so, the update feature of the Software can obtain the correct driver from Microsoft and install and run it on Your device. You can switch off this update feature.
• Web Content Features. Features in the Software can retrieve related content from Microsoft and provide it to You. To provide the content, these features send 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 run the Software. Examples of these features are clip art, templates, online training, online assistance and Appshelp. You may choose not to use these web content features.
• Real Simple Syndication (“RSS”) Feed. Certain programs of the Software include a start page, which contains updated content that is supplied by means of an RSS feed online from Microsoft.
• Auto Root Update. Certain programs of the Software use the Auto Root Update feature, which updates the list of trusted certificate authorities. You can switch off the Auto Root Update feature.
• Windows Media Digital Rights Management. Content owners use Windows Media digital rights management technology (WMDRM) to protect their intellectual property, including copyrights. Certain programs of the Software and third party software use WMDRM to play and copy WMDRM-protected content. If the Software fails to protect the content, content owners may ask Microsoft to revoke the Software’s ability to use WMDRM to play or copy protected content. Revocation does not affect other content. When You download licenses for protected content, You agree that Microsoft may include a revocation list with the licenses. Content owners may require You to upgrade WMDRM to access their content. Microsoft Software that includes WMDRM will ask for Your consent prior to the upgrade. If You decline an upgrade, You will not be able to access content that requires the upgrade. You may switch off WMDRM features that access the Internet. When these features are off, You can still play content for which You have a valid license.
• Windows Media Player. When You use Windows Media Player, it checks with Microsoft for
• compatible online music services in Your region;
• new versions of the player; and
• codecs if Your device does not have the correct ones for playing content.
You can switch off this last feature. For more information, go to http://go.microsoft.com/fwlink/?LinkId=51331.
• Windows Rights Management Services. Certain programs of the Software contain a feature that allows You to create content that cannot be printed, copied or sent to others without Your permission. You must connect to Microsoft to use this feature for the first time. Once a year, You must re-connect to Microsoft to update it. For more information, go to http://go.microsoft.com/fwlink/?LinkId=52646. You may choose not to use this feature.
b. Misuse of Internet-based Services. You may not use these services in any way that could harm them or impair anyone else’s use of them. You may not use the services to try to gain unauthorized access to any service, data, account or network by any means.
9. SQL SERVER BENCHMARK TESTING. You must obtain Microsoft’s prior written approval to disclose to a third party the results of any benchmark test of the SQL Server software that accompanies this Software. However, this does not apply to the Microsoft .NET Framework (see below).
10. MICROSOFT .NET FRAMEWORK BENCHMARK TESTING. The Software includes the .NET Framework component of the Windows operating systems (“.NET Component”). You may conduct internal benchmark testing of the .NET Component. You may disclose the results of any benchmark test of the .NET Component, provided that You comply with the following terms: (1) You must disclose all the information necessary for replication of the tests, including complete and accurate details of Your benchmark testing methodology, the test scripts/cases, tuning parameters applied, hardware and software platforms tested, the name and version number of any third party testing tool used to conduct the testing, and complete source code for the benchmark suite/harness that is developed by or for You and used to test both the .NET Component and the competing implementation(s); (2) You must disclose the date (s) that You conducted the benchmark tests, along with specific version information for all Microsoft software products tested, including the .NET Component; (3) Your benchmark testing was performed using all performance tuning and best practice guidance set forth in the product documentation and/or on Microsoft’s support web sites, and uses the latest updates, patches and fixes available for the .NET Component and the relevant Microsoft operating system; (4) it shall be sufficient if You make the disclosures provided for above at a publicly available location such as a website, so long as every public disclosure of the results of Your benchmark test expressly identifies the public site containing all required disclosures; and (5) nothing in this provision shall be deemed to waive any other right that You may have to conduct benchmark testing.
11. DATA STORAGE TECHNOLOGY. Certain programs of the Software include data storage technology called Microsoft SQL Server Desktop Engine for Windows. Components of the Software use this technology to store data. You may not otherwise use or access this technology under this agreement.
12. WINDOWS MOBILE COMPONENTS.
a. If You use the Software to create software programs, You may only use the Windows Mobile components located in the “\Program Files\Windows Mobile 5.0 SDK R2\” directory to create programs that run on Windows Mobile 5.0 software for Pocket PC or Windows Mobile 5.0 software for the Smartphone.
b. Program Application and Driver Limitations. You may not use or include any of the Windows Mobile components located in the “\Program Files\Windows Mobile 5.0 SDK R2\” directory, nor any components thereof, in the development of any program application, device or system in which a malfunction would result in a foreseeable risk of personal injury, death or severe physical or environmental damage.
13. SCOPE OF LICENSE. The Software is licensed, not sold. This license 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 license 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 license 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 license agreement to any third party; or
• use the Software for commercial software hosting services.
14. BACKUP COPY. You may make one backup copy of the Software. You may use it only to reinstall the Software.
15. EXPORT RESTRICTIONS. The Software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
16. SUPPORT SERVICES. Because this Software is “as is,” Microsoft may not provide support services for it.
17. ENTIRE AGREEMENT. This license 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.
18. NOTICE ABOUT THE MPEG-4 VISUAL STANDARD. This Software includes MPEG-4 visual decoding technology. This technology is a format for data compression of video information. MPEG LA, L.L.C. requires this notice:
USE OF THIS PRODUCT IN ANY MANNER THAT COMPLIES WITH THE MPEG-4 VISUAL STANDARD IS PROHIBITED, EXCEPT FOR USE DIRECTLY RELATED TO (A) DATA OR INFORMATION (i) GENERATED BY AND OBTAINED WITHOUT CHARGE FROM A CONSUMER NOT THEREBY ENGAGED IN A BUSINESS ENTERPRISE, AND (ii) FOR PERSONAL USE ONLY; AND (B) OTHER USES SPECIFICALLY AND SEPARATELY LICENSED BY MPEG LA, L.L.C.
If You have questions about the MPEG-4 visual standard, please contact MPEG LA, L.L.C., 250 Steele Street, Suite 300, Denver, Colorado 80206; www.mpegla.com.
19. NOTICE ABOUT THE MPEG-2 VISUAL STANDARD. This software includes MPEG-2 visual decoding technology. MPEG LA, L.L.C. requires this notice:
USE OF THIS PRODUCT IN ANY MANNER THAT COMPLIES WITH THE MPEG 2 VISUAL STANDARD IS PROHIBITED, EXCEPT FOR USE DIRECTLY RELATED TO (A) DATA OR INFORMATION (i) GENERATED BY AND OBTAINED WITHOUT CHARGE FROM A CONSUMER NOT THEREBY ENGAGED IN A BUSINESS ENTERPRISE, AND (ii) FOR PERSONAL USE ONLY; AND (B) OTHER USES SPECIFICALLY AND SEPARATELY LICENSED BY MPEG LA, L.L.C.
If you have questions about the MPEG-2 visual standard, please contact MPEG LA, L.L.C., 250 Steele Street, Suite 300, Denver, Colorado 80206; http://www.mpegla.com.
20. THIS PRODUCT IS LICENSED UNDER THE VC-1 PATENT PORTFOLIO LICENSE FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE VC-1 STANDARDS (“VC-1 VIDEO”) AND/OR (ii) DECODE VC-1 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 VC-1 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 HTTP://WWW.MPEGLA.COM
THIS PRODUCT IS LICENSED UNDER THE VC-1 PATENT PORTFOLIO LICENSE. SUCH LICENSES EXTEND TO THIS PRODUCT ONLY AND ONLY TO THE EXTENT OF OTHER NOTICES WHICH MAY BE INCLUDED HEREIN. THE LICENSE DOES NOT EXTEND TO ANY OTHER PRODUCT REGARDLESS OF WHETHER SUCH PRODUCT IS INCLUDED WITH THIS LICENSED PRODUCT IN A SINGLE ARTICLE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE HTTP://WWW.MPEGLA.COM
21. APPLICABLE LAW.
a. United States. If You acquired the Software in the United States, Washington state law governs the interpretation of this license 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.
b. Outside the United States. If You acquired the Software in any other country, the laws of that country apply.
22. LEGAL EFFECT. This license agreement describes certain legal rights. You may have other rights under the laws of Your country. This license 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.
23. 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 under Your local laws which this license 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.
24. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. You can recover from Microsoft and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
This limitation applies to
• anything related to the Software, services, content (including code) on third party Internet sites, or third party programs; and
• claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
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.
For questions about the Student Program, please contact the Microsoft Sales Information Center at One Microsoft Way, Redmond, WA 98052-6399, U.S.A. or the Microsoft subsidiary serving Your country.