END USER LICENSE AGREEMENT FOR MICROSOFT SOFTWARE 

MICROSOFT ASP.NET WEB MATRIX PROJECT

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 (“Microsoft”) for the Microsoft materials accompanying this EULA, which may include computer software, associated media, printed materials, and “on line” or electronic documentation (“Software”).  BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA.  IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT INSTALL, COPY OR USE THE SOFTWARE.

SOFTWARE PRODUCT LICENSE
The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.  Microsoft or its suppliers own the title, copyright and other intellectual property rights in the Software. The Software is licensed, not sold.  
1.	GRANT OF LICENSE.  Microsoft grants you the rights described in this EULA provided that you comply with all the terms and conditions of this EULA:  
	General License Grant.  Microsoft grants to you a personal, nonexclusive license to make and use copies of the Software and install such Software on any number of your computers (i) for your internal use and (ii) to design, develop and test your software products that work in conjunction with Microsoft ASP.NET technology. 
•	Microsoft SQL Server Desktop Engine (“MSDE”). MSDE is deemed to be a component of the Software and your use of MSDE is governed by the terms and conditions of this EULA.  In addition you may redistribute MSDE subject to the terms and conditions specified in Section 2 below.  
	Documentation.  With respect to electronic and other documentation, you may make any number of copies (either in hard copy or electronic form) provided that such copies shall be used only for internal purposes and are not republished or distributed beyond your premises.
•	Reservation of Rights.  Microsoft reserves all rights not expressly granted herein.
2.	     DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. 
	Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
	Rental.  You may not rent, lease, or lend the Software.
	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 Software and all of its component parts.
•	Consent to Use of Data. You agree that Microsoft and its affiliates may collect and use technical information gathered as part of the product support services provided to you, if any, related to the software.  Microsoft may use this information solely to improve our products or to provide customized services or technologies to you.  Microsoft may disclose this information to others but not in a form that personally identifies you.   
•	Redistribution of MSDE.  In addition to the rights granted above, Microsoft grants you the nonexclusive, royalty-free right to reproduce and distribute MSDE (the “Redistributable Code”),  in object code form only as part of your value added products and/or services provided that you comply with the distribution requirements and conditions listed below.  For purposes of this redistribution right, “value added product or service” means a software product or service incorporating ASP.NET web page(s) or a web application which you have developed using the Software (“Application”).  You have not been granted any right to and may not distribute MSDE on a standalone basis.

i.	General Redistribution Requirements.  If you choose to redistribute the Redistributable Code, you agree: (a) to distribute the Redistributable Code in object code form and only in conjunction with and as a part of your Application that adds significant and primary functionality to the Software; (b) not to use Microsoft’s name, logo, or trademarks to market the Application;  (c) to display your own valid copyright notice which shall be sufficient to protect Microsoft’s copyright in Redistributable Code; (d) to indemnify, hold harmless, and defend Microsoft from and against any claims or lawsuits, including attorney’s fees, that arise or result from the use or distribution of the Application; and  (e) to otherwise comply with the terms of this EULA.  You also agree not to permit further distribution of the Redistributable Code by third parties except as part of your Application.  In addition, you also agree: (A) that your Application shall not substantially duplicate the capabilities of Microsoft Access or, in the reasonable opinion of Microsoft, compete with same; and (B) that unless your Application requires your customers to license Microsoft Access in order to operate, you shall not reproduce or use MSDE for commercial distribution in conjunction with a general purpose word processing, spreadsheet or database management software product, or an integrated work or product suite whose components include a general purpose word processing, spreadsheet, or database management software product except for the exclusive use of importing data to the various formats supported by Microsoft Access. Note: A product that includes limited word processing, spreadsheet or database components along with other components which provide significant and primary value, such as an accounting product with limited spreadsheet capability, is not considered to be a “general purpose” product.
ii	License Condition for Redistribution of MSDE.   Your license rights to the Redistributable Code are conditioned upon your (i) not incorporating Identified Software into or combining Identified Software with the Redistributable Code or a derivative work thereof; (ii) not distributing Identified Software in conjunction with the Redistributable Code or a derivative work thereof; and (iii) not using Identified Software in the development of a derivative work of the Redistributable Code.  “Identified Software” means software which is licensed pursuant to terms that directly or indirectly (A) create, or purport to create, obligations for Microsoft with respect to the Redistributable Code or derivative work thereof or (B) grant, or purport to grant, to any third party any rights or immunities under Microsoft’s intellectual property or proprietary rights in the Redistributable Code or derivative work thereof.  Identified Software includes, without limitation, any software that requires as a condition of use, modification and/or distribution of such software that other software incorporated into, derived from or distributed with such software be (1) disclosed or distributed in source code form; (2) be licensed for the purpose of making derivative works; or (3) be redistributable at no charge.  
3	SOFTWARE MAINTENANCE/UPDATES.  Microsoft is not obligated to provide maintenance, technical support or updates to you for the Software.  However, Microsoft may, in its sole discretion, provide technical support, updates and/or supplements of the Software and/or related information (“Updates”) to you hereunder, in which case such Updates shall also be deemed to be included in the “Software” and therefore governed by this EULA, unless other terms of use are provided by Microsoft with such Updates.  
4.	EXPORT RESTRICTIONS.  You acknowledge that the Software is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments. For additional information, see http://www.microsoft.com/exporting/.
5.	INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property rights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music, text and “applets” incorporated into the Software and any copies of the Software that you are expressly permitted to make herein, are owned by Microsoft or its suppliers.  All title and intellectual property rights in and to the content which may be accessed through use of the Software are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.  This EULA grants you no rights to use such content.  All rights not expressly granted are reserved by Microsoft. 
6.  	DISCLAIMER OF WARRANTIES.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT AND ITS SUPPLIERS PROVIDE THE SOFTWARE AND ANY (IF ANY) SUPPORT SERVICES AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM WITH RESPECT TO THE SOFTWARE AND SUPPORT SERVICES ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES, DUTIES OR CONDITIONS OF OR RELATED TO: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, WORKMANLIKE EFFORT AND LACK OF NEGLIGENCE.  ALSO, THERE IS NO WARRANTY, DUTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT.  THE ENTIRE RISK AS TO THE QUALITY, OR ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND ANY SUPPORT SERVICES, REMAINS WITH YOU.  

7.	EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR SUPPORT SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF MICROSOFT OR ANY SUPPLIER, AND EVEN IF MICROSOFT OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

8.	LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF MICROSOFT AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY YOU BASED ON REASONABLE RELIANCE UP TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR FIVE DOLLARS (US$5.00).  THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
9.      APPLICABLE LAW:   If you acquired the Software in the United States, this EULA is governed by the laws of the State of Washington.  If you acquired the Software in Canada, unless expressly prohibited by local law, this EULA is governed by the laws in force in the Province of Ontario, Canada; and, in respect of any dispute which may arise hereunder you consent to the jurisdiction of the federal and provincial courts sitting in Toronto, Ontario. If the Software was acquired outside the United States, then local law may apply.
10.	U.S. GOVERNMENT RIGHTS. All Software provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the rights and restrictions described elsewhere herein.  All Software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
11.	LINKS TO THIRD PARTY SITES.  You may link to third party sites through the use of the Software.  The third party sites are not under the control of Microsoft, and Microsoft is not responsible for the contents of any third party sites, any links contained in third party sites, or any changes or updates to third party sites.  Microsoft is not responsible for webcasting or any other form of transmission received from any third party sites.  Microsoft is providing these links to third party sites to you only as a convenience, and the inclusion of any link does not imply an endorsement by Microsoft of the third party site.            
12.	ENTIRE AGREEMENT.  This EULA is the entire agreement between you and Microsoft relating to the Software and the support services (if any) and it supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA.  To the extent the terms of any Microsoft policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.