IMPORTANT-READ CAREFULLY: This Microsoft End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Microsoft Corporation for the Microsoft software product identified above ("SOFTWARE PRODUCT"
or "SOFTWARE"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA do not use the SOFTWARE PRODUCT.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE. This EULA grants you the following limited, non-exclusive rights:
* Software Product. You may install and use the enclosed SOFTWARE PRODUCT to design, develop, and test software applications for use with Microsoft(r) Windows(r) or Windows NT(tm) ("Applications") or software that implements data transport functional
ity in the Windows environment ("Service Providers").
* Sample Code. You may modify the sample source code located in the SOFTWARE PRODUCT's "samples" directories ("Sample Code") to design, develop, and test your Applications or Service Providers. You may also reproduce and distribute the Sample Code in
object code form along with any modifications you make to the Sample Code, provided that you comply with the Distribution Requirements described below. For purposes of this section, "modifications" shall mean enhancements to the functionality of the
Sample Code.
* Redistributable Code. The following files contained in the SOFTWARE PRODUCT are designated as Redistributable Code: dll\win95\ws2_32.dll, dll\win95\ws2help.dll, dll\win95\xbyyhack.dll, and dll\win95\msvcrt.dll.
* Distribution Requirements. You may redistribute the Sample Code and the Redistributable Code (collectively "REDISTRIBUTABLE COMPONENTS") as described above, provided that (a) you distribute the REDISTRIBUTABLE COMPONENTS only in conjunction with, a
nd as a part of, your Applications or Service Providers; (b) your Applications or Service Providers add significant and primary functionality to the REDISTRIBUTABLE COMPONENTS; (c) the REDISTRIBUTABLE COMPONENTS only operate in conjunction with Micro
soft Windows or Windows NT; (d) you do not permit further redistribution of the REDISTRIBUTABLE COMPONENTS by your end-user customers; (e) any distribution of the REDISTRIBUTABLE COMPONENTS is only in conjunction with your Applications or Service Pro
viders and includes each and every REDISTRIBUTABLE COMPONENT distributed as a single set; (f) you do not use Microsoft's name, logo, or trademarks to market your Applications or Service Providers; (g) you include a valid copyright notice on your Appl
ications or Service Providers; and (h) you agree to indemnify, hold harmless, and defend Microsoft from and against any claims or lawsuits, including attorneys' fees, that arise or result from the use or distribution of your Applications or Service P
roviders. Contact Microsoft for the applicable royalties due and other licensing terms for all other uses and/or distribution of the REDISTRIBUTABLE COMPONENTS.
* Microsoft reserves all rights not expressly granted to you.
2. COPYRIGHT. All rights, title, and copyrights in and to the REDISTRIBUTABLE COMPONENTS and any copies of the REDISTRIBUTABLE COMPONENTS are owned by Microsoft or its suppliers. The REDISTRIBUTABLE COMPONENTS are protected by copyright laws and
international treaty provisions.
3. PRERELEASE CODE. The SOFTWARE PRODUCT contains PRERELEASE CODE that is not at the level of performance and compatibility of the final, generally available, product offering. This SOFTWARE PRODUCT may not operate correctly and may be substanti
ally modified prior to first commercial shipment. Microsoft is not obligated to make this or any later version of the SOFTWARE PRODUCT commercially available. Microsoft grants you the right to distribute test versions of your Applications or Service
Providers created using the PRERELEASE CODE provided you comply with the Distribution Requirements described in Section 1 and the following additional provisions: (a) you must mark the test version of your Applications or Service Providers "BETA" a
nd (b) you are solely responsible for updating your customers with versions of your Applications or Service Providers that operate satisfactorily with the final commercial release of the PRERELEASE CODE.
4. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
* Limitations on Reverse-Engineering, Decompilation, and Disassembly. You may not reverse- engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstan
ding this limitation.
* Rental. You may not rent or lease the SOFTWARE PRODUCT.
* Termination. Without prejudice to any other rights, Microsoft may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the REDISTRIBUTABLE COMPONENTS..
6. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data a
nd Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Microsoft Corporation/One Microsoft Way/Redmond, WA 98052-63
99.
MISCELLANEOUS
If you acquired this product in the United States, this EULA is governed by the laws of the State of Washington.
If you acquired this product in Canada, this EULA is governed by the laws of the Province of Ontario, Canada. Each of the parties hereto irrevocably attorns to the jurisdiction of the courts of the Province of Ontario and further agrees to commence a
ny litigation that may arise hereunder in the courts located in the Judicial District of York, Province of Ontario.
If this product was acquired outside the United States, local law may apply.
Should you have any questions concerning this EULA, or if you desire to contact Microsoft for any reason, please contact the Microsoft subsidiary serving your country, or write: Microsoft Customer Sales and Service/One Microsoft Way/Redmond, WA 98052
-6399.
NO WARRANTIES. To the maximum extent permitted by applicable law, Microsoft expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is provided "as is" without warranty of any kind, either express or implied, including, withou
t limitation, the implied warranties of merchantability or fitness for a particular purpose. The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with you.
LIMITATION OF LIABILITY. Microsoft's entire liability and your exclusive remedy under this EULA shall not exceed one hundred dollars (US$100.00).
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall Microsoft or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profit, business
interruption, loss of business information, or any other pecuniary loss) arising out of the use of, or inability to use, this Microsoft product, even if Microsoft has been advised of the possibility of such damages. Because some states/jurisdictions
do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
