INTERNET ACTIVEX(tm) CONTROLS (PRE-RELEASE PRODUCT)
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 associated media and printed materials (if any), and may include online or electronic documentation and software product (collectively, the "SOFTWARE PRODUCT(s)"). 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, you are not authorized to use the SOFTWARE PRODUCT. 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.
(a) Microsoft grants you ("Recipient") a limited, non-exclusive, nontransferrable, royalty-free license to make and use one copy of the SOFTWARE PRODUCT identified above or accompanying this EULA only to be installed on a single CPU residing on Recipient's premises, for the sole purposes of designing, developing, and testing your software product(s) that are designed to operate in conjunction with any Microsoft operating system product. Recipient shall not rent, lease, sell, sublicense, assign, or otherwise transfer the SOFTWARE PRODUCT or any accompanying printed materials ("Documentation"). Recipient may not reverse engineer, decompile the SOFTWARE PRODUCT, except to the extent that the foregoing restriction is expressly prohibited by local law. MS and its suppliers shall retain title and all ownership rights to the SOFTWARE PRODUCT, and this EULA shall not be construed in any manner as transferring any rights of ownership or license to the SOFTWARE PRODUCT or to the features or information therein, except as specifically stated herein.
(b) All bug reports, test results and other feedback made by Recipient shall be the property of MS and may be used by MS for any purpose it sees fit. Due to the nature of the development work, MS is not certain as to when errors or discrepancies in the SOFTWARE PRODUCT(s) may be corrected.
2. 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), any accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by Microsoft or its suppliers. The SOFTWARE PRODUCT is protected by United States copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material except that you may either (a) make one copy of the SOFTWARE PRODUCT solely for backup or archival purposes, or (b) install the SOFTWARE PRODUCT on a single computer provided you keep the original solely for backup or archival purposes. You may not copy any printed materials that may accompany the SOFTWARE PRODUCT.
3. REDISTRIBUTABLE COMPONENTS.
(a) Redistributable Components. In addition to the rights granted in Section 1, this EULA grants you a nonexclusive royalty-free right to reproduce and distribute the object code version of any portion of the SOFTWARE listed in the SOFTWARE file LICENSE.TXT ("REDISTRIBUTABLE SOFTWARE"), provided you comply with Section 3.b.
(i) Limitations on Redistribution. You may only distribute the following files if you have a validly licensed copy of Visual Basic, Visual C++, Microsoft Access or Visual FoxPro: VB40032.DLL, OLEPRO32.DLL, MSVCRT20.DLL, MSVCRT40.DL, CTL3D32.DLL. Your use of these files is governed by this EULA and the End User License Agreement provided in conjunction with one of the beforementioned software products. Defined terms in this EULA shall have the same meaning as set forth in the End User License Agreement provided in conjunction with one of the beforementioned software products.
(b) Redistribution Requirements. If you redistribute the REDISTRIBUTABLE SOFTWARE ("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 which adds significant and primary functionality to the SOFTWARE and which is developed to operate in the Windows or Windows NT environment; (ii) not use Microsoft's name, logo, or trademarks to market your software application product; (iii) include a valid copyright notice on your software 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 software application product; (v) not permit further distribution of the REDISTRIBUTABLES by your end-user.
The license in this section to distribute the REDISTRIBUTABLES is royalty-free provided that your software application product is developed for operation in the Windows or Windows NT environment. Contact Microsoft for the applicable royalties due and other licensing terms for all other uses and/or distribution of the REDISTRIBUTABLES.
4. TERMINATION. This EULA will terminate without notice upon the commercial release of the SOFTWARE PRODUCT. Upon termination of this EULA, Recipient shall promptly destroy all full or partial copies of the SOFTWARE PRODUCT and related materials, if any, provided by MS. MS may terminate this EULA in writing at any time, with or without cause.
5. COST OF TESTING. There is no charge to Recipient for testing of the SOFTWARE PRODUCT.
6. SOFTWARE PRODUCT MAINTENANCE. MS is not obligated to provide maintenance or updates to Recipient for SOFTWARE PRODUCT licensed under this EULA. In no event shall MS be obligated to provide Recipient, free of charge, a copy of the commercial release version of the SOFTWARE PRODUCT in connection with Recipient's participation in the testing program.
7. PRE-RELEASE CODE. The SOFTWARE PRODUCT may be identified as prerelease code ("Pre-Release Code"). Such Pre-Release Code is not at the level of performance and compatibility of the final, generally available product offering. Recipient will label any of Recipient's products containing Pre-Release Code Code as a beta product. The Pre-Release Code may not operate correctly and may be substantially modified prior to first commercial shipment. Microsoft is not obligated to make this or any later version of the Pre-Release Code commercially available. The grant of license to use Pre-Release Code expires upon availability of a commercial release of the Pre-Release Code from Microsoft.
8. DISCLAIMER OF WARRANTY. SOFTWARE PRODUCT is deemed accepted by Recipient. The SOFTWARE PRODUCT constitutes pre-release code and may be changed substantially before the first commercial release. The SOFTWARE PRODUCT is provided "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE PRODUCT AND DOCUMENTATION REMAINS WITH RECIPIENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR DOCUMENTATION, 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 RECIPIENT.
9. GOVERNING LAW; ATTORNEYS FEES. This EULA shall be governed by the laws of the State of Washington and Recipient further consents to jurisdiction by the state and federal courts sitting in the State of Washington. If either MS or Recipient employs attorneys to enforce any rights arising out of or relating to this EULA, the prevailing party shall be entitled to recover reasonable attorneys' fees.
10. 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 of DFARS 252.227-7013 or subparagraphs (c)(i) 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.
11. EXPORT RESTRICTIONS. Recipient acknowledges that the SOFTWARE PRODUCT and Documentation acquired hereunder are subject to the export control laws and regulations of the U.S.A., and any amendments thereof. Recipient confirms that with respect to these SOFTWARE PRODUCT and Documentation, it will not export or re-export them, directly or indirectly, either to (i) any countries that are subject to U.S.A export restrictions (currently including, but not necessarily limited to, Cuba, the Federal Republic of Yugoslavia (Serbia and Montenegro), Iran, Iraq, Libya, North Korea, South Africa (military and police entities), Syria, and Vietnam); (ii) any end user who Recipient knows or has reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons; or (iii) any end user who has been prohibited from participating in the U.S.A. export transactions by any federal agency of the U.S.A. government. Recipient further acknowledges that the SOFTWARE PRODUCT may include technical data subject to export and re-export restrictions imposed by U.S.A. law.
Should you have any questions concerning this EULA, or if you desire to contact Microsoft for any reason, please write: Microsoft Corporation, Internet ActiveX(tm) Controls Beta Group, One Microsoft Way, Redmond, WA 98052-6399.
