TIP: Click on subject to list as thread! ANSI
echo: linuxhelp
to: All
from: Joe Barr
date: 2003-06-17 11:08:02
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.
--

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