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LICENSE.MICROSOFT
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LICENSE.MICROSOFT
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===
Some parts of SAENARU are based on sample codes from Microsoft Windows
DDK XP's. As long as you use or distribute SAENARU as SOURCE FORM, you
must agree the following Microsoft End User License Agreement.
===
$Id$
-- Beginning of EULA --
END-USER LICENSE AGREEMENT
FOR MICROSOFT SOFTWARE MICROSOFT WINDOWS XP DRIVER DEVELOPMENT KIT
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, additional computer software
applications, and "online" or electronic documentation ("SOFTWARE
PRODUCT"). By downloading, 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.
SOFTWARE PRODUCT LICENSE
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. You may install and use an unlimited number
of copies of the SOFTWARE PRODUCT on computers, including workstations,
terminals or other digital electronic devices ("COMPUTERS") to design,
develop and test drivers for use with Microsoft Windows 2000, Windows
98, Windows 98, Second Edition, and Windows Millennium Edition operating
systems ("Drivers").
b. Sample Code. You may modify the sample source code ("Sample
Code") to design, develop and test your Drivers. You may also reproduce
and distribute the Sample Code in object code form along with any
modifications you make to the Sample Code, provided you comply with the
Distribution Requirements described below. For purposes of this section,
"modifications" shall mean enhancements to the functionality of the
Sample Code.
c. Redistribution Requirements. You may reproduce and distribute
an unlimited number of copies of the Sample Code as described above,
provided that: (i) you distribute the Sample Code only in conjunction
with and as a part of your Drivers; (ii) the Sample Code only operates
in conjunction with Microsoft Windows 2000, Windows 98, Windows 98
Second Edition, and/or Windows Millennium Edition operating systems;
(iii) you do not use Microsoft's name, logo, or trademarks to advertise,
market or promote your Drivers without the express written permission
of Microsoft; (iv) you include a valid copyright notice on your Drivers;
(v) you 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 Drivers. Contact Microsoft
for the applicable royalties due and other licensing terms for all other
uses and/or distribution of the Sample Code.
2. PRE-RELEASE CODE. The SOFTWARE PRODUCT contains pre-release code
that is not at the level of performance and compatibility of the final,
generally available, product offering. These portions of the SOFTWARE
PRODUCT 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 SOFTWARE PRODUCT commercially available.
Microsoft grants you the right to distribute test versions of your
Drivers created using the pre-release code provided you comply with
the Distribution Requirements described in Section 1 and the following
additional provisions: (a) you must mark the test version of your
drivers "BETA" and (b) you are solely responsible for updating your
customers with versions of your Drivers that operate satisfactorily with
the final commercial release of such pre-release code.
3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
a. 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.
b. Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.
c. 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.
d. Software Transfer. You may permanently transfer of 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.
e. 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.
4. INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property
rights 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), and any copies you
are permitted to make herein are owned by Microsoft or its suppliers.
All title and intellectual property rights in and to the content which may
be accessed through use of the SOFTWARE PRODUCT is the property of the
respective content owner and may be protected by applicable copyright
or other intellectual property laws and treaties. This EULA grants
you no rights to use such content. If this SOFTWARE PRODUCT contains
documentation which is provided only in electronic form, you may print
one copy of such electronic documentation. You may not copy the printed
materials accompanying the SOFTWARE PRODUCT.
5. U.S. GOVERNMENT LICENSE RIGHTS. SOFTWARE PRODUCT provided to
the U.S. Government pursuant to solicitations issued on or after
December 1, 1995 is provided with the commercial license rights and
restrictions described elsewhere herein. SOFTWARE PRODUCT provided to
the U.S. Government pursuant to solicitations issued prior to December
1, 1995 is provided with "Restricted Rights" as provided for in FAR,
48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988),
as applicable.
6. EXPORT RESTRICTIONS. You agree that you will not export or re-export
the SOFTWARE PRODUCT (or portions thereof) to any country, person or
entity subject to U.S. export restrictions. You specifically agree
not to export or re-export the SOFTWARE PRODUCT (or portions thereof):
(i) to any country subject to a U.S. embargo or trade restriction;
(ii) to any person or entity who you know or have reason to know will
utilize the SOFTWARE PRODUCT (or portion thereof) in the production
of nuclear, chemical or biological weapons; or (iii) to any person or
entity who has been denied export privileges by the U.S. government.
For additional information see http://www.microsoft.com/exporting/.
7. DISCLAIMER OF WARRANTIES. To the maximum extent permitted by
applicable law, Microsoft and its suppliers provide the SOFTWARE
PRODUCT and any (if any) Support Services AS IS AND WITH ALL FAULTS,
and hereby disclaim all warranties and conditions, either express,
implied or statutory, including, but not limited to, any (if any) implied
warranties or conditions of merchantability, of fitness for a particular
purpose, of lack of viruses, of accuracy or completeness of responses,
of results, and of lack of negligence or lack of workmanlike effort,
all with regard to the SOFTWARE PRODUCT, and the provision of or failure
to provide Support Services. ALSO, THERE IS NO WARRANTY OR CONDITION OF
TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION
OR NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT. THE ENTIRE
RISK AS TO THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE
SOFTWARE PRODUCT AND SUPPORT SERVICES, IF ANY, REMAINS WITH YOU.
8. 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,
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,
FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER)
ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE
THE SOFTWARE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT
SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF
THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE),
STRICT 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.
9. 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), the entire liability of Microsoft and any of its suppliers
under any provision of this EULA and your exclusive remedy for all of the
foregoing shall be limited to the greater of the amount actually paid by
you for the SOFTWARE PRODUCT 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.
10. APPLICABLE LAW. If you acquired this SOFTWARE PRODUCT in the United
States, this EULA is governed by the laws of the State of Washington.
If you acquired this SOFTWARE PRODUCT in Canada, unless expressly
prohibited by local law, this EULA is governed by the laws in force in
the Province of Ontario, Canada; and, in respect of any dispute which
may arise hereunder, you consent to the jurisdiction of the federal and
provincial courts sitting in Toronto, Ontario. If this SOFTWARE PRODUCT
was acquired outside the United States, then local law may apply.
11. ENTIRE AGREEMENT. This EULA (including any addendum or amendment
to this EULA which is included with the SOFTWARE PRODUCT) is the
entire agreement between you and Microsoft relating to the SOFTWARE
PRODUCT and the Support Services (if any) and it supersedes all
prior or contemporaneous oral or written communications, proposals
and representations with respect to the SOFTWARE PRODUCT or any other
subject matter covered by this EULA. To the extent the terms of any
Microsoft policies or programs for Support Services conflict with the
terms of this EULA, the terms of this EULA shall control.
12. QUESTIONS? 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.
-- End of EULA --