Saturday, 14 June 2014
MICROSOFT EVALUATION SOFTWARE LICENSE TERMS
MICROSOFT SQL SERVER 2008 EVALUATION EDITION
These
license terms are an agreement between Microsoft Corporation (or based on where
you live, one of its affiliates) and you.
Please read them. They apply to
the evaluation software named above, which includes the media on which you
received it, if any. The terms also
apply to any Microsoft
· updates,
· supplements,
· Internet-based
services, and
· support
services
for
this software, unless other terms accompany those items. If so, those terms apply.
BY
USING THE SOFTWARE, YOU ACCEPT THESE TERMS.
IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE.
If you comply with these license terms, you
have the rights below.
1. INSTALLATION AND USE
RIGHTS.
a. Installation and Use.
· You may install and use any number of copies
of the software on your devices. You may
use the software only to demonstrate and internally evaluate it.
· You may not use the software in a live
operating environment unless Microsoft permits you to do so under another
agreement.
b. Included Microsoft
Programs. The software contains
other Microsoft programs. The license
terms with those programs apply to your use of them.
2. INTERNET-BASED
SERVICES. Microsoft provides
Internet-based services with the software.
It may change or cancel them at any time.
3. TIME-SENSITIVE
SOFTWARE. The software will stop running one hundred
eighty days after you install it. You
will not receive any other notice. You
may not be able to access data used with the software when it stops running.
4. MICROSOFT .NET
FRAMEWORK AND POWERSHELL SOFTWARE. The software contains
Microsoft .NET Framework and PowerShell software. These software components are part of
Windows.
5. BENCHMARK
TESTING. You must obtain
Microsoft's prior written approval to disclose to a third party the results of
any benchmark test of the software.
However, this does not apply to the Windows components. For Microsoft .NET Framework see below.
6. MICROSOFT .NET
FRAMEWORK. The software includes
one or more components of the .NET Framework (“.NET Components”). You may
conduct internal benchmark testing of those components. You may disclose
the results of any benchmark test of those components, provided that you comply
with the conditions set forth at
http://go.microsoft.com/fwlink/?LinkID=66406. Notwithstanding any other agreement
you may have with Microsoft, if you disclose such benchmark test results,
Microsoft shall have the right to disclose the results of benchmark tests it
conducts of your products that compete with the applicable .NET Component,
provided it complies with the same conditions set forth at
http://go.microsoft.com/fwlink/?LinkID=66406.
7. Scope
of License. The software is licensed, not sold. This
agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights
despite this limitation, you may use the software only as expressly permitted
in this agreement. In doing so, you must
comply with any technical limitations in the software that only allow you to
use it in certain ways. You may not
· work around any technical limitations in the
software;
· reverse
engineer, decompile or disassemble the software, except and only to the extent
that applicable law expressly permits, despite this limitation;
· make
more copies of the software than specified in this agreement or allowed by
applicable law, despite this limitation;
· publish
the software for others to copy;
· rent,
lease or lend the software;
· transfer
the software or this agreement to any third party; or
· use
the software for commercial software hosting services.
8. Export Restrictions. The software is subject to United States
export laws and regulations. You must
comply with all domestic and international export laws and regulations that
apply to the software. These laws
include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
9. SUPPORT
SERVICES.
Because
this software is “as is,” we may not provide support services for it.
10. Entire
Agreement. This agreement, and the terms for
supplements, updates, Internet-based services and support services that you
use, are the entire agreement for the software and support services.
11. Applicable
Law.
a. United States. If you acquired the software in the United
States, Washington state law governs the interpretation of this agreement and
applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern
all other claims, including claims under state consumer protection laws, unfair
competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other
country, the laws of that country apply.
12. Legal
Effect. This agreement describes certain legal
rights. You may have other rights under
the laws of your country. You may also
have rights with respect to the party from whom you acquired the software. This agreement does not change your rights
under the laws of your country if the laws of your country do not permit it to
do so.
13. Disclaimer
of Warranty. The
software is licensed “as-is.” You bear
the risk of using it. Microsoft gives no
express warranties, guarantees or conditions.
You may have additional consumer rights under your local laws which this
agreement cannot change. To the extent
permitted under your local laws, Microsoft excludes the implied warranties of
merchantability, fitness for a particular purpose and non-infringement.
14. Limitation
on and Exclusion of Remedies and Damages.
You can recover from Microsoft and its suppliers only direct damages up
to U.S. $5.00. You cannot recover any
other damages, including consequential, lost profits, special, indirect or
incidental damages.
This
limitation applies to
· anything related to the software, services,
content (including code) on third party Internet sites, or third party
programs; and
· claims
for breach of contract, breach of warranty, guarantee or condition, strict
liability, negligence, or other tort to the extent permitted by applicable law.
It
also applies even if Microsoft knew or should have known about the possibility
of the damages. The above limitation or
exclusion may not apply to you because your country may not allow the exclusion
or limitation of incidental, consequential or other damages.
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