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CD-ROM Magazin 1996 June
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wing
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license.txt
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1995-09-13
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MICROSOFT DEVELOPMENT LICENSE
Microsoft WinG Software Development Kit
This is a legal agreement between you (either an individual or an
entity) and Microsoft Corporation ("Microsoft"). By accessing and
using the software, you are agreeing to be bound by the terms of
this Agreement. If you do not agree to the terms of this Agreement,
you are not authorized to use the software.
MICROSOFT LICENSE AGREEMENT
1. GRANT OF LICENSE TO USE. Microsoft Corporation
("Microsoft") grants to you the non-exclusive right to use the
Microsoft software and electronic text files comprising the
documentation (the "SOFTWARE") on a single computer for the sole
purposes of designing, developing, and testing your software
product(s), including but not limited to Windows-based and Win32-
based applications, and other software products, which operate in
the Microsoft Windows or Windows NT evironments. Microsoft reserves
all rights not expressly granted.
2. COPYRIGHT. The SOFTWARE is owned by Microsoft or its
suppliers and is protected by United States copyright laws and
international treaty provisions. Therefore, you must treat the
SOFTWARE like any other copyrighted material (e.g., a book or
musical recording). You may not use or copy the SOFTWARE for any
other purpose than what is described in this Agreement. Except as
provided herein, Microsoft does not grant any express or implied
right to you to or under Microsoft patents, copyrights, trademarks,
or trade secret information.
3. OTHER RESTRICTIONS. You may not rent or lease the
SOFTWARE, but you may transfer the SOFTWARE and accompanying written
materials on a permanent basis provided you retain no copies and the
recipient agrees to the terms of this Agreement. If the SOFTWARE is
an update or has been updated, any transfer must include the most
recent update and all prior versions. You may not reverse engineer,
decompile or disassemble the SOFTWARE except to the extent that the
foregoing restriction is expressly prohibited by applicable law.
4. SAMPLE CODE. Microsoft grants you a non-exclusive
royalty-free right to use and modify the source code version of the
sample code located in the "samples" directories (Sample Code) for
the sole purposes of designing, developing and testing your software
products which operate in the Microsoft Windows or Windows NT
environments, and to reproduce and distribute the Sample Code along
with any modifications thereof, only in object code form provided
that you comply with Section 6.
5. REDISTRIBUTABLE CODE. In addition to the rights
granted in Section 1, Microsoft grants you additional rights to the
SOFTWARE designated as "Redistributable Code". The Redistributable
Code files and the rights associated with each of them, subject to
Section 6, are: WING.DLL, WING32.DLL, WINGDE.DLL, WINGDIB.DRV,
WINGPAL.WND, SETUPHLP.DLL, and DVA.386
6. DISTRIBUTION REQUIREMENTS. If you are authorized to
redistribute the Sample Code and/or Redistributable Code,
(collectively "REDISTRIBUTABLE COMPONENTS") as described in Sections
4 and 5 above, you must (a) distribute the REDISTRIBUTABLE
COMPONENTS only in conjunction with and as a part of your software
application product; (b) not permit further redistribution of the
REDISTRIBUTABLE COMPONENTS by your end-user customers; (c) not use
Microsoft's name, logo, or trademarks to market you software
application product; (e) include a valid copyright notice on your
software application product; and (d) agree 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 your software application product. The
license in this section to distribute REDISTRIBUTABLE COMPONENTS is
royalty-free provided that your software application product is
designed, developed and tested for operation in the Microsoft
Windows or Windows NT environments. Contact Microsoft for the
applicable royalties due and other licensing terms for all other
uses and/or distribution of the REDISTRIBUTABLE COMPONENTS.
7. EXPORT RESTRICTIONS. You agree that neither you nor
your customers intend to or will, directly or indirectly, export or
transmit (a) the SOFTWARE or related documentation and technical
data or (b) your software application product as described in
Section 6 of this Agreement (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.
LIMITED WARRANTY
NO WARRANTIES. To the maximum extent permitted by applicable law,
Microsoft expressly disclaims any warranty for the SOFTWARE. The
SOFTWARE and any related documentation is provided "as is" without
warranty of any kind, either express or implied, including, without
limitation, the implied warranties or merchantability or fitness for
a particular purpose. The entire risk arising out of use or
performance of the SOFTWARE remains with you.
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 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.
U.S. GOVERNMENT RESTRICTED RIGHTS.
The SOFTWARE 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.
If you acquired this product in the United States, this Agreement is
governed by the laws of the State of Washington. If you acquired
this product outside the United States, local law may apply.
Should you have any questions concerning this Agreement, or if you
desire to contact Microsoft for any reason, please contact your
local Microsoft subsidiary or sales office or write: Microsoft
Sales and Service/One Microsoft Way/Redmond, WA 98052-6399.
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