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, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). 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 install or use the SOFTWARE PRODUCT; you may, however, return it to your place of purchase for a full refund.
MICROSOFT VISUAL J++ VERSION 1.1
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 rights
a. Software Product. Microsoft grants to you as an individual, a personal, nonexclusive license to make and use copies of the SOFTWARE for the sole purposes of designing, developing, and testing your software product(s). Except as provided in Section 2(a), you may install copies of the SOFTWARE PRODUCT on an unlimited number of computers provided that you are the only individual using the SOFTWARE PRODUCT. If you are an entity, Microsoft grants you the right to designate one individual within your organization to have the right to use the SOFTWARE PRODUCT in the manner provided above.
b. Electronic Documents. Solely with respect to electronic documents included with the SOFTWARE PRODUCT, you may make an unlimited number of copies (either in hardcopy or electronic form), provided that such copies shall be used only for internal purposes and are not republished or distributed to any third party.
c. Storage/Network Use. You may also store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to install or run the SOFTWARE PRODUCT on your other computers over an internal network; however, you must acquire and dedicate a license for each separate computer on which the SOFTWARE PRODUCT is installed or run from the storage device. A license for the SOFTWARE PRODUCT may not be shared or used concurrently on different computers.
d. Sample Code. In addition to the rights granted in Section 1(a), Microsoft grants you the right to use and modify the source code version of those portions of the SOFTWARE PRODUCT that are identified as sample code in the documentation and/or listed in the subdirectory DevStudio\VJ\Samples located in the SOFTWARE PRODUCT ("SAMPLE CODE"), for the sole purposes of designing, developing, and testing your software product(s), provided that you comply with Section 1(f), below.
e. Redistributable Files. Provided that you comply with Section 1(f) (and Section 1(g) if applicable), in addition to the rights granted in Section 1(a), Microsoft grants you a nonexclusive, royalty-free right to reproduce and distribute the object code version of the following portions of the SOFTWARE PRODUCT (collectively, the "REDISTRIBUTABLES"): (i) SAMPLE CODE (including any modifications you make); and (ii) the files identified in the REDISTVJ.WRI file listed in the subdirectory DevStudio\VJ\Redist located in the SOFTWARE PRODUCT.
f. Redistribution Requirements. If you redistribute the REDISTRIBUTABLES, you agree to: (i) distribute the REDISTRIBUTABLES in object code only in conjunction with and as a part of a software application product developed by you that adds significant and primary functionality to the REDISTRIBUTABLES ("Licensed Product"); (ii) not use Microsoft's name, logo, or trademarks to market your Licensed Product; (iii) include a valid copyright notice on your Licensed Product; (iv) 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 your Licensed Product; (v) not permit further distribution of the REDISTRIBUTABLES by your end user.
The following exceptions apply to subsection (f)(v), above:
(A) you may permit further redistribution of the REDISTRIBUTABLES by your distributors to your end-user customers if your distributors only distribute the REDISTRIBUTABLES in conjunction with, and as part of, your Application and you and your distributors comply with all other terms of this EULA;
(B) provided that your end user complies with all other terms of this EULA, you may permit your end users to reproduce and distribute the object code version of the files listed below, designed to be redistributed as a Component Object Model (COM) object, for use in development of another application ("COM Files"), only in conjunction with and as a part of an application and/or Web page that adds significant and primary functionality to the COM Files. COM Files: MSVCRT.DLL, OLEPRO32.DLL, MFC42.DLL, and MSVCIRT.DLL;
(C) you may permit your end users to reproduce and distribute the object code version of the files listed below ("Limited-Use Redistributable Files") for use in development of an application created by your end user ("End User Application"), provided that your end user agrees to: (i) distribute the Limited-Use Redistributable Files in object code only in conjunction with and as a part of a software application product developed by them that adds significant and primary functionality to the Limited-Use Redistributable Files ("End User Application"); (ii) not use Microsoft's name, logo, or trademarks to market the End User Application; (iii) include a valid copyright notice on the End User Application; (iv) 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 End User Application; and (v) not permit further distribution of the Limited-Use Redistributable Files by the user of the End User Application. Limited-Use Redistributable Files: the Limited-Use Redistributable Files are those files listed in Section 3 and Subsections 1 and 2 of Section 4 of REDISTVJ.WRI located in the DevStudio\VJ\Redist directory.
g. Microsoft Office Redistributable Components. If you are developing, for commercial distribution, 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, the files comprising Microsoft JET database functionality ("JET Files") may not be used or reproduced with your software product, unless your product requires your customers to license Microsoft Office for Windows, or a component of it, in order to operate. The JET Files subject to this provision are: Vbar332.dll, Msexcl35.dll, Msjet35.dll, Msjint35.dll, Msjter35.dll, Msltus35.dll, Mspdox35.dll, Msrd2x35.dll, Msrepl35.dll, Mstext35.dll, Msxbse35.dll, Msexch35.dll, Dao350.dll, Dao2535.tlb, Msrdo20.dll, or Rdocurs.dll.. Note: A product that includes limited word-processing, spreadsheet, or database components along with other components that provide significant and primary value, such as an accounting product with limited spreadsheet capability, is not considered a "general-purpose" product.
The JET Files may be redistributed, subject to Section 1(f), with your commercially redistributed product in the event that your software product is using the JET Files exclusively for importing or exporting data to the various formats supported by the JET functionality and included in your software product (e.g., reading data from and writing data to a single data source at one time).
h. Microsoft Internet Explorer. You may use copies of the Microsoft Internet Explorer software only in conjunction with a validly licensed copy of Microsoft operating system products (e.g., Windows 95 or Windows NT). You may make copies of Microsoft Internet Explorer for use on all computers for which you have licensed Microsoft operating system products.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
a. Academic Edition Software. If the SOFTWARE PRODUCT is identified as "Academic Edition" or "AE," you must be a "Qualified Educational User" to use the SOFTWARE PRODUCT. To determine whether you are a Qualified Educational User, please contact the Microsoft Sales Informa-tion Center/One Microsoft Way/Redmond, WA 98052-6399 or the Microsoft subsidiary serving your country.
If you are a Qualified Educational User, you may either (i) exercise the rights granted in Section (1), OR (ii) if you intend to use the SOFTWARE PRODUCT solely for instructional purposes in connection with a class or other educational program , you may install a single copy of the SOFTWARE on a single computer for access and use by an unlimited number of student end users atyour educational institution, provided that all such end users comply with all other terms of this EULA.
b. Not for Resale Software. If the SOFTWARE PRODUCT is labeled "Not for Resale" or "NFR," then, notwithstanding other sections of this EULA, you may not resell, or otherwise transfer for value, the SOFTWARE PRODUCT.
c. 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 notwithstanding this limitation.
d. Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer.
e. Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.
f. Support Services. Microsoft may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by the Microsoft policies and programs described in the user manual, in "online" documentation, and/or in other Microsoft-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to Microsoft as part of the Support Services, Microsoft may use such information for its business purposes, including for product support and development. Microsoft will not utilize such technical information in a form that personally identifies you.
g. Software Transfer. You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity), and the recipient agrees to the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior versions of the SOFTWARE PRODUCT.
h. 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 PRODUCT and all of its component parts.
3. UPGRADES. If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly licensed to use a product identified by Microsoft as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.
4. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by Microsoft or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material except that you may install the SOFTWARE PRODUCT on a single computer provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.
5. DUAL-MEDIA SOFTWARE. You may receive the SOFTWARE PRODUCT in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your single computer. You may not use or install the other medium on another computer. You may not loan, rent, lease, or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the SOFTWARE PRODUCT.
6. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT and documentation are 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 and 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 98052-6399.
7. EXPORT RESTRICTIONS. You agree that neither you nor your customers intend to or will, directly or indirectly, export or transmit (i) the SOFTWARE or related documentation and technical data or (ii) your software product as described in Section 1(f) of this License (or any part thereof), or process, or service that is the direct product of the SOFTWARE, to any country to which such export or transmission is restricted by any applicable U.S. regulation or statute, without the prior written consent, if required, of the Bureau of Export Administration of the U.S. Department of Commerce, or such other governmental entity as may have jurisdiction over such export or transmission.
8. NOTE ON JAVA SUPPORT. THE SOFTWARE PRODUCT CONTAINS SUPPORT FOR PROGRAMS WRITTEN IN JAVA. JAVA TECHNOLOGY IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR RESALE AS ONLINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATIONS SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF JAVA TECHNOLOGY COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
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 any litigation which 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, then 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 Sales Information Center/One Microsoft Way/Redmond, WA 98052-6399.
If you have a specific question regarding the licensing of redistributables, you may call the Microsoft Technical Sales Information Team at (800) 426-9400 (United States only) or send inquiries via fax to Microsoft Visual C++ Licensing Administrator, (206) 936-7329 (United States only).
LIMITED WARRANTY
LIMITED WARRANTY. Except with respect to the REDISTRIBUTABLES, which are provided "as is," without warranty of any kind, Microsoft warrants that (a) the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and (b) any hardware accompanying the SOFTWARE PRODUCT will be free from defects in materials and workmanship under normal use and service for a period of one (1) year from the date of receipt. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the SOFTWARE PRODUCT and hardware, if any, are limited to ninety (90) days and one year, respectively.
CUSTOMER REMEDIES. Microsoft's and its suppliers' entire liability and your exclusive remedy shall be, at Microsoft's option, either (a) return of the price paid, or (b) repair or replacement of the SOFTWARE PRODUCT or hardware that does not meet Microsoft's Limited Warranty and which is returned to Microsoft with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE PRODUCT or hardware has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT or hardware will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States, neither these remedies nor any product support services offered by Microsoft are available without proof of purchase from an authorized international source.
NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE PRODUCT, AND ANY ACCOMPANYING HARDWARE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
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 SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF MICROSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Si vous avez acquis votre produit Microsoft au CANADA, la garantie limitΘe suivante vous concerne :
GARANTIE LIMITEE
GARANTIE LIMITEE - Sauf pour celles du REDISTRIBUTABLES, qui sont fournies "comme telles", sans aucune garantie quelle qu'elle soit, Microsoft garantit que (a) la performance du LOGICIEL sera substantiellement en conformitΘ avec le(s) manuel(s) de produits qui accompagne(nt) le LOGICIEL pour une pΘriode de quatre-vingt-dix (90) jours α compter de la date de rΘception ; et (b) tout matΘriel fourni par Microsoft accompagnant le LOGICIEL sera exempt de dΘfaut de matiΦre premiΦre ou de vice de fabrication dans des conditions normales d'utilisation et d'entretien pour une pΘriode d'un an α compter de la date de rΘception. Toute garantie implicite concernant le LOGICIEL et le matΘriel est limitΘe α quatre-vingt-dix (90) jours et un (1) an, respectivement.
RECOURS DU CLIENT - La seule obligation de Microsoft et votre recours exclusif seront, au choix de Microsoft, soit (a) le remboursement du prix payΘ ou (b) la rΘparation ou le remplacement du LOGICIEL ou du matΘriel qui n'est pas conforme α la Garantie LimitΘe de Microsoft et qui est retournΘ α Microsoft avec une copie de votre reτu. Cette Garantie LimitΘe est nulle si le dΘfaut du LOGICIEL ou du matΘriel est causΘ par un accident, un traitement abusif ou une mauvaise application. Tout LOGICIEL de remplacement sera garanti pour le reste de la pΘriode de garantie initiale ou pour trente (30) jours, selon laquelle de ces deux pΘriodes est la plus longue.
AUCUNE AUTRE GARANTIE - MICROSOFT DESAVOUE TOUTE AUTRE GARANTIE, EXPRESSE OU IMPLICITE, Y COMPRIS MAIS NE SE LIMITANT PAS AUX GARANTIES IMPLICITES DU CARACTERE ADEQUAT POUR LA COMMERCIALISATION OU UN USAGE PARTICULIER EN CE QUI CONCERNE LE LOGICIEL, LE(S) MANUEL(S) DE PRODUITS, LA DOCUMENTATION ECRITE ET TOUT MATERIEL QUI L'ACCOMPAGNENT. CETTE GARANTIE LIMITEE VOUS ACCORDE DES DROITS JURIDIQUES SPECIFIQUES.
PAS D'OBLIGATION POUR LES DOMMAGES INDIRECTS - MICROSOFT OU SES FOURNISSEURS N'AURONT D'OBLIGATION EN AUCUNE CIRCONSTANCE POUR TOUT AUTRE DOMMAGE QUEL QU'IL SOIT (Y COMPRIS, SANS LIMITATION, LES DOMMAGES ENTRAINES PAR LA PERTE DE BENEFICES, L'INTERRUPTION DES AFFAIRES, LA PERTE D'INFORMATION COMMERCIALE OU TOUTE AUTRE PERTE PECUNIAIRE) DECOULANT DE L'UTILISATION OU DE L'IMPOSSIBILITE D'UTILISATION DE CE PRODUIT MICROSOFT, ET CE, MEME SI MICROSOFT A ETE AVISE DE LA POSSIBILITE DE TELS DOMMAGES. EN TOUT CAS, LA SEULE OBLIGATION DE MICROSOFT EN VERTU DE TOUTE DISPOSITION DE CETTE CONVENTION SE LIMITERA AU MONTANT EN FAIT PAYE PAR VOUS POUR LE LOGICIEL.
La prΘsente Convention est rΘgie par les lois de la province d'Ontario, Canada. Chacune des parties α la prΘsente reconnaεt irrΘvocablement la compΘtence des tribunaux de la province d'Ontario et consent α instituer tout litige qui pourrait dΘcouler de la prΘsente auprΦs des tribunaux situΘs dans le district judiciaire de York, province d'Ontario.
Au cas o∙ vous auriez des questions concernant cette licence ou que vous dΘsiriez vous mettre en rapport avec Microsoft pour quelque raison que ce soit, veuillez contacter la succursale Microsoft desservant votre pays, dont l'adresse est fournie dans ce produit, ou Θcrire α : Microsoft Sales Information Center, One Microsoft Way, Redmond, Washington 98052-6399.
