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| subject: | MS changes EULA for W2K/SP4 |
From: "Joe Barr"
Of course, they will change it again when they think the furor has died down.
SUPPLEMENTAL END USER LICENSE AGREEMENT
MICROSOFT WINDOWS 2000 SERVICE PACK 4
PLEASE READ THIS SUPPLEMENTAL END-USER LICENSE AGREEMENT
("SUPPLEMENTAL EULA") CAREFULLY. BY INSTALLING OR USING THE
SOFTWARE THAT ACCOMPANIES THIS SUPPLEMENTAL EULA, YOU AGREE TO THE TERMS OF
THIS SUPPLEMENTAL EULA. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE
SOFTWARE AND, IF APPLICABLE, RETURN IT TO THE PLACE OF PURCHASE FOR A FULL
REFUND.
THIS SOFTWARE DOES NOT TRANSMIT ANY PERSONALLY IDENTIFIABLE INFORMATION
FROM YOUR COMPUTER TO MICROSOFT
COMPUTER SYSTEMS WITHOUT YOUR CONSENT.
1. GENERAL
This EULA is a legal agreement between you (either an individual or a
single entity) and Microsoft Corporation ("Microsoft"). The
accompanying Microsoft software includes computer software and may include
associated media, printed materials, online or electronic documentation,
and Internet-based services (collectively, the "Components").
The Components are provided to update, supplement, or replace existing
functionality of Microsoft Windows 2000 Professional, Microsoft Windows
2000 Server, Microsoft Windows 2000 Advanced Server, and Microsoft Windows
2000 Datacenter Server (the "Software"). Your use of the
Components is subject to the terms and conditions of the end user license
agreement (either from Microsoft or some other entity) under which you have
previously licensed the Software (the "Software EULA") and this
Supplemental EULA.
IF YOU DO NOT HAVE A VALIDLY LICENSED COPY OF THE SOFTWARE, YOU ARE NOT
AUTHORIZED TO INSTALL, COPY OR OTHERWISE USE THE COMPONENTS AND YOU HAVE NO
RIGHTS UNDER THIS
SUPPLEMENTAL EULA.
2. GENERAL TERMS AND CONDITIONS OF YOUR USE
OF THE COMPONENTS
a. Installation and Use.
Provided you comply with all applicable license terms and
conditions contained in the Software EULA (which are
hereby incorporated by reference except as set forth
below) and this Supplemental EULA, Microsoft grants
you the right to reproduce, install and use one
copy of the Components on each of your computers
that is running a validly licensed copy of
the Software ("Computers").
b. Reservation of Rights.
The Components are protected by copyright and other
intellectual property laws and treaties. Microsoft
Corporation or its suppliers own the title, copyright,
and other intellectual property rights in the Components.
All rights not expressly granted to you in this Supplemental
EULA are reserved. The Components are licensed, not sold.
c. Capitalized Terms.
Capitalized terms used in this Supplemental EULA and not
otherwise defined herein shall have the meanings assigned
to them in the Software EULA.
3. AUTOMATIC INTERNET-BASED SERVICES.
The Software features described below are enabled by
default to connect via the Internet to Microsoft
computer systems automatically, without separate
notice to you. You consent to the operation
of these features, unless you choose to switch
them off or not use them. Microsoft does not
obtain personally identifiable information
through any of these features. For more
information about these features, please see
your Software documentation or the Microsoft
online support site.
a. Windows Update Features.
Under the Software's default configuration, if you connect
a device to your Computer and the correct device driver is
not available on your Computer, then Windows Update
features on your Computer (including Device Manager
and the Plug & Play CDM Module) automatically attempt
to check Microsoft computer systems via the Internet
for the correct device driver. Having this happen
automatically makes Plug-and-Play installation of
new hardware a better experience for customers.
You may switch off Windows Update's automatic driver
checking feature.
b. Web Content Features.
Under the Software's default configuration, if you are
connected to the Internet, several features of the Software
are enabled by default to retrieve content from Microsoft
computer systems and display it to you. When you activate
such a feature, it uses standard Internet protocols, which
transmit the type of operating system, browser and language
code of your Computer to the Microsoft computer system so
that the content can be viewed properly from your Computer.
These features only operate when you activate them, and
you may choose to switch them off or not use them.
An example of this feature is Appshelp.
c. Digital Certificates.
Use of certificates based on the X.509 standard is an
important security feature of the Software. Certain
functions of the X.509 implementation (for example,
certificate revocation checking and certificate path
building) connect via the Internet to computer systems
belonging to Microsoft and other digital certificate
authorities to check the validity of digital certificates
that you receive from third parties during certain
Internet-based operations (for example, communications
secured with SSL or IPsec, mail secured with S/MIME, and
smartcard authentication). In accordance with the X.509
standard, the Software automatically retrieves user
certificates and certificate revocation lists when you
attempt to access certificate protected content.
Additionally, the Software's Auto Root Update feature will
occasionally update the list of trusted certificate
authorities. Auto Root Update is an optional feature; you
can uninstall it if you do not desire it to function. The
other security operations based on the X.509 standard can
be prevented from operating by blocking Computer Internet
access.
d. Windows Media Digital Rights Management.
Content providers are using the digital rights management
technology for Windows Media contained in this Software
("WM-DRM") to protect the integrity of their content
("Secure Content") so that their intellectual property,
including copyright, in such content is not misappropriated.
Portions of this Software and third party applications such
as media players use WM-DRM to play Secure Content
("WM-DRM Software"). If the WM-DRM Software's security
has been compromised, owners of Secure Content ("Secure
Content Owners") may request that Microsoft revoke
the WM-DRM Software's right to copy, display and/or
play Secure Content. Revocation does not alter the
WM-DRM Software's ability to play unprotected content.
A list of revoked WM-DRM Software is sent to your
computer whenever you download a license for Secure
Content from the Internet. Microsoft may, in
conjunction with such license, also download
revocation lists onto your computer on behalf of
Secure Content Owners. Secure Content Owners
may also require you to upgrade some of the WM-DRM
components in this Software ("WM-DRM Upgrades") before
accessing their content. When you attempt to play
such content, WM-DRM Software built by Microsoft
will notify you that a WM-DRM Upgrade is required
and then ask for your consent before the WM-DRM
Upgrade is downloaded. WM-DRM Software built
by third parties may do the same. If you decline
the upgrade, you will not be able to access content
that requires the WM-DRM Upgrade; however, you will
still be able to access unprotected content and
Secure Content that does not require the upgrade.
WM-DRM features that access the Internet, such
as acquiring new licenses and/or performing a
required WM-DRM Upgrade, can be switched off. When
these features are switched off, you will still be able
to play Secure Content if you have a valid license for
such content already stored on your computer.
e. Windows Media Player.
Some features of Windows Media Player automatically
contact Microsoft computer systems if you use
Windows Media Player or specific features of it:
features that (A) check for new codecs if your
Computer does not have the correct ones for content
you attempt to play (this feature may be switched
off), and (B) check for new versions of Windows
Media Player (this feature will operate only
when you are using Windows Media Player).
4. PRODUCT SUPPORT SERVICES
a. Rights and Obligations.
Microsoft may provide you with product support services
related to the Software. Use of any such support services
is governed by the Microsoft policies and programs described
in the user manual, in online documentation, on Microsoft's
support webpage, or in other Microsoft-provided materials.
Any software Microsoft may provide you as part of support
services is governed by this EULA, unless separate terms
are provided. This EULA does not obligate Microsoft to
provide any support services or to support any software
provided as part of those services.
b. Consent to Use of Data.
You agree that Microsoft and its affiliates may collect
and use technical information gathered as part of the 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 and will not disclose this information in a form
that personally identifies you.
5. APPLICABLE WARRANTIES,
EXCLUSIONS AND LIMITATIONS
If the Software was licensed to you by Microsoft or any of
its wholly owned subsidiaries, the limited warranty (if any)
included in the Software EULA applies to the Components
provided that the Components have been licensed to you
within the term of that limited warranty. However, this
Supplemental EULA does not extend the time period for
which that limited warranty is provided.
If the Software was licensed to you by an entity other than
Microsoft or any of its wholly owned subsidiaries, then (a)
"Manufacturer" under the Software EULA is not a party
to this Supplemental EULA and has no obligation under
this Supplemental EULA to provide support for the
Components, (b) the Components constitute "Supplemental
Components" within the meaning of the Software EULA,
and (c) this Supplemental EULA in no way amends
or alters the Software EULA. IF THE SOFTWARE WAS
LICENSED TO YOU BY AN ENTITY OTHER THAN
MICROSOFT OR ANY OF ITS WHOLLY OWNED
SUBSIDIARIES, THEN THE FOLLOWING
THREE PARAGRAPHS ALSO APPLY:
DISCLAIMER OF WARRANTIES. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW,
MICROSOFT AND ITS SUPPLIERS PROVIDE TO
YOU THE COMPONENTS AND SUPPORT SERVICES
(IF ANY) AS IS AND WITH ALL FAULTS; AND
MICROSOFT AND ITS SUPPLIERS HEREBY
DISCLAIM ALL OTHER WARRANTIES AND
CONDITIONS, WHETHER EXPRESS, IMPLIED
OR STATUTORY, INCLUDING, BUT NOT
LIMITED TO, ANY (IF ANY) IMPLIED
WARRANTIES, DUTIES OR CONDITIONS OF
MERCHANTABILITY, OF FITNESS FOR A
PARTICULAR PURPOSE, OF RELIABILITY
OR AVAILABILITY, OF ACCURACY OR
COMPLETENESS OF RESPONSES, OF RESULTS,
OF WORKMANLIKE EFFORT, OF LACK OF
VIRUSES, AND OF LACK OF NEGLIGENCE, ALL
WITH REGARD TO THE COMPONENTS, AND THE
PROVISION OF OR FAILURE TO PROVIDE
SUPPORT OR OTHER SERVICES, INFORMATION,
SOFTWARE, AND RELATED CONTENT THROUGH
THE COMPONENTS OR OTHERWISE ARISING OUT
OF THE USE OF THE COMPONENTS. ALSO,
THERE IS NO WARRANTY OR CONDITION OF
TITLE, QUIET ENJOYMENT, QUIET
POSSESSION, CORRESPONDENCE TO
DESCRIPTION OR NON-INFRINGEMENT WITH
REGARD TO THE COMPONENTS.
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 SPECIAL,
INCIDENTAL, PUNITIVE, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER
(INCLUDING, BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS OR CONFIDENTIAL OR
OTHER INFORMATION, FOR BUSINESS
INTERRUPTION, FOR PERSONAL INJURY, FOR
LOSS OF PRIVACY, FOR 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 COMPONENTS, THE PROVISION
OF OR FAILURE TO PROVIDE SUPPORT OR
OTHER SERVICES, INFORMATION, SOFTWARE,
AND RELATED CONTENT THROUGH THE
COMPONENTS OR OTHERWISE ARISING OUT OF
THE USE OF THE COMPONENTS, OR OTHERWISE
UNDER OR IN CONNECTION WITH ANY
PROVISION OF THIS SUPPLEMENTAL EULA,
EVEN IN THE EVENT OF THE FAULT, TORT
(INCLUDING NEGLIGENCE), MISREPRESENTATION,
STRICT OR PRODUCT 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.
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 IN CONTRACT OR
ANYTHING ELSE), THE ENTIRE LIABILITY
OF MICROSOFT AND ANY OF ITS SUPPLIERS
UNDER ANY PROVISION OF THIS SUPPLEMENTAL
EULA AND YOUR EXCLUSIVE REMEDY FOR ALL
OF THE FOREGOING SHALL BE LIMITED TO
THE GREATER OF THE ACTUAL DAMAGES YOU
INCUR IN REASONABLE RELIANCE ON THE
SOFTWARE UP TO THE AMOUNT ACTUALLY PAID
BY YOU FOR THE COMPONENTS OR U.S.$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.
--
--- BBBS/NT v4.01 Flag-4
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