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Microsoft Software License Terms Microsoft Expression Web 2 and Microsoft Expression Web 2 "30-Day Trial Edition"

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0% found this document useful (0 votes)
258 views

Microsoft Software License Terms Microsoft Expression Web 2 and Microsoft Expression Web 2 "30-Day Trial Edition"

Copyright
© © All Rights Reserved
Available Formats
Download as RTF, PDF, TXT or read online on Scribd
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MICROSOFT SOFTWARE LICENSE TERMS

MICROSOFT EXPRESSION WEB 2 and

MICROSOFT EXPRESSION WEB 2 “30-DAY TRIAL 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 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. INSTEAD, RETURN IT TO THE RETAILER FOR A REFUND OR CREDIT. If you
cannot obtain a refund there, contact Microsoft or the Microsoft affiliate serving your country for information
about Microsoft’s refund policies. See www.microsoft.com/worldwide. In the United States and Canada, call
(800) MICROSOFT or see www.microsoft.com/info/nareturns.htm.

IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW FOR EACH
LICENSE YOU ACQUIRE.

1. OVERVIEW.

a. Software. The software includes development tools, software programs and documentation.

b. License Model. The software is licensed on a per user basis.

2. PRODUCT IDENTIFICATION KEYS. The software requires a key to install or access it. You are
responsible for the use of keys assigned to you. You should not share the keys with third parties.

3. TRIAL USE RIGHTS and CONVERSION.  If the software is a trial edition, then this Section applies to
you.  Your rights to use trial software are limited to thirty (30) days, and you may only use the trial
software for evaluation purposes.  Your trial rights do not include the right to deploy or distribute any
components of the software.  You may convert your trial rights at any time to the full rights described in
the rest of these license terms by purchasing a commercial license from Microsoft or one of its
distributors.  The trial software will present conversion options to you at the expiration of the 30-day trial
period.  After the expiration of the trial period, without conversion, the trial software will stop running. 

4. INSTALLATION AND USE RIGHTS

a. General. One user may install and use copies of the software to design, develop, test and
demonstrate web sites you develop.

b. Included Microsoft Programs. These license terms apply to all Microsoft programs included with the
software. If the license terms with any of those programs give you other rights that do not expressly
conflict with these license terms, you also have those rights.
5. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.

a. Distributable Components. The software contains code that you are permitted to deploy on web
sites you develop if you comply with the terms below.

i. Right to Use and Sublicense. The items listed below are “Distributable Components.”

 Templates. The software includes web site design templates. You may copy, modify and
incorporate the templates into the web sites you develop.

 Sample Code. You may copy, modify, and incorporate into your web sites the source and
object code form of code marked as “Code Snippets”.

ii. Sublicense Requirements. For any Distributable Components you incorporate into a website,
you must

 display your valid copyright notice on your web sites; and

 indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, from
third parties related to your incorporation into such web site, or modification, of the
Distributable Components.

iii. Sublicense Restrictions. You may not

 alter any copyright, trademark or patent notice in the Distributable Components;

 use Microsoft’s trademarks in your web sites or in a way that suggests your web site services
come from or are endorsed by Microsoft;

 include Distributable Components in malicious, deceptive or unlawful websites; or

 modify or distribute the source code of any Distributable Component so that any part of it
becomes subject to an Excluded License. An Excluded License is one that requires, as a
condition of use, modification or distribution, that

 the code be disclosed or distributed in source code form; or

 others have the right to modify it.

6. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software. It may
change or cancel them at any time.
7. MICROSOFT .NET FRAMEWORK BENCHMARK TESTING. 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 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
go.microsoft.com/fwlink/?LinkID=66406
8. 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. For more
information, see www.microsoft.com/licensing/userights. 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;

 deploy the software on a standalone basis for others to access;

 modify the software (except for the Distributable Components); or

 distribute the software (except for the Distributable Components).

9. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the
software.

10. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy
and use the documentation for your internal, reference purposes.

11. NOT FOR RESALE SOFTWARE. You may not sell software marked as “NFR” or “Not for Resale.”

12. ACADEMIC EDITION SOFTWARE. You must be a “Qualified Educational User” to use software marked
as “Academic Edition” or “AE.” If you do not know whether you are a Qualified Educational User, visit
www.microsoft.com/education or contact the Microsoft affiliate serving your country.

13. UPGRADE. If this software is marked as an upgrade version, you may use it only if you have a license to
use the software eligible for upgrade. If you upgrade, this software takes the place of the earlier version,
and this agreement takes the place of the agreement for that earlier version. You may not use the earlier
version after you upgrade.
14. PROOF OF LICENSE. If you acquired the software on a disc or other media, a genuine Microsoft Proof
of License label with a genuine copy of the software identifies licensed software. To be valid, this label must
appear on Microsoft packaging. If you receive the label separately, it is invalid. You should keep the packaging
that has the label on it to prove that you are licensed to use the software. To identify genuine Microsoft
software, see www.howtotell.com.

15. TRANSFER TO A THIRD PARTY. The first user of the software may transfer it and this agreement
directly to a third party. Before the transfer, that party must agree that this agreement applies to the
transfer and use of the software. The transfer must include the software and the Proof of License label.
The first user must uninstall the software before transferring it separately from the device. The first user
may not retain any copies.

16. 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.

17. SUPPORT SERVICES. Microsoft provides support services for the software as described at
www.support.microsoft.com/common/international.aspx.
18. ENTIRE AGREEMENT. This agreement (including the warranty below), 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.

19. 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.

20. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws
of your state or 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 state or country if the laws
of your state or country do not permit it to do so.

21. LIMITATION ON AND EXCLUSION OF DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND
ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE SOFTWARE.
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

 repair, replacement or a refund for the software does not fully compensate you for any losses; or

 Microsoft knew or should have known about the possibility of the damages.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above
limitation or exclusion may not apply to you. They also may not apply to you because your country may
not allow the exclusion or limitation of incidental, consequential or other damages.
*****************************************************************************
***

LIMITED WARRANTY

A. LIMITED WARRANTY. If you follow the instructions, the software will perform substantially as described
in the Microsoft materials that you receive in or with the software.

B. TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES. THE


LIMITED WARRANTY COVERS THE SOFTWARE FOR ONE YEAR AFTER ACQUIRED BY THE
FIRST USER. IF YOU RECEIVE SUPPLEMENTS, UPDATES, OR REPLACEMENT SOFTWARE
DURING THAT YEAR, THEY WILL BE COVERED FOR THE REMAINDER OF THE WARRANTY OR
30 DAYS, WHICHEVER IS LONGER. If the first user transfers the software, the remainder of the
warranty will apply to the recipient.

TO THE EXTENT PERMITTED BY LAW, ANY IMPLIED WARRANTIES, GUARANTEES OR


CONDITIONS LAST ONLY DURING THE TERM OF THE LIMITED WARRANTY. Some states do not
allow limitations on how long an implied warranty lasts, so these limitations may not apply to you. They
also might not apply to you because some countries may not allow limitations on how long an implied
warranty, guarantee or condition lasts.

C. EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your acts (or
failures to act), the acts of others, or events beyond Microsoft’s reasonable control.

D. REMEDY FOR BREACH OF WARRANTY. MICROSOFT WILL REPAIR OR REPLACE THE


SOFTWARE AT NO CHARGE. IF MICROSOFT CANNOT REPAIR OR REPLACE IT, MICROSOFT
WILL REFUND THE AMOUNT SHOWN ON YOUR RECEIPT FOR THE SOFTWARE. IT WILL ALSO
REPAIR OR REPLACE SUPPLEMENTS, UPDATES AND REPLACEMENT SOFTWARE AT NO
CHARGE. IF MICROSOFT CANNOT REPAIR OR REPLACE THEM, IT WILL REFUND THE AMOUNT
YOU PAID FOR THEM, IF ANY. YOU MUST UNINSTALL THE SOFTWARE AND RETURN ANY
MEDIA AND OTHER ASSOCIATED MATERIALS TO MICROSOFT WITH PROOF OF PURCHASE TO
OBTAIN A REFUND. THESE ARE YOUR ONLY REMEDIES FOR BREACH OF THE LIMITED
WARRANTY.

E. CONSUMER RIGHTS NOT AFFECTED. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER
YOUR LOCAL LAWS, WHICH THIS AGREEMENT CANNOT CHANGE.

F. WARRANTY PROCEDURES. You need proof of purchase for warranty service.

1. United States and Canada. For warranty service or information about how to obtain a refund for
software acquired in the United States and Canada, contact Microsoft at

 (800) MICROSOFT;

 Microsoft Customer Service and Support, One Microsoft Way, Redmond, WA 98052-6399; or

 visit www.microsoft.com/info/nareturns.htm.

2. Europe, Middle East and Africa. If you acquired the software in Europe, the Middle East or Africa,
Microsoft Ireland Operations Limited makes this limited warranty. To make a claim under this
warranty, you should contact either

 Microsoft Ireland Operations Limited, Customer Care Centre, Atrium Building Block B, Carmanhall
Road, Sandyford Industrial Estate, Dublin 18, Ireland; or
 the Microsoft affiliate serving your country (see www.microsoft.com/worldwide).

3. Outside United States, Canada, Europe, Middle East and Africa. If you acquired the software
outside the United States, Canada, Europe, the Middle East and Africa, contact the Microsoft affiliate
serving your country (see www.microsoft.com/worldwide).

G. NO OTHER WARRANTIES. THE LIMITED WARRANTY IS THE ONLY DIRECT WARRANTY FROM
MICROSOFT. MICROSOFT GIVES NO OTHER EXPRESS WARRANTIES, GUARANTEES OR
CONDITIONS. WHERE ALLOWED BY YOUR LOCAL LAWS, MICROSOFT EXCLUDES IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-
INFRINGEMENT. If your local laws give you any implied warranties, guarantees or conditions, despite
this exclusion, your remedies are described in the Remedy for Breach of Warranty clause above, to the
extent permitted by your local laws.

H. LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY. THE


LIMITATION ON AND EXCLUSION OF DAMAGES CLAUSE ABOVE APPLIES TO BREACHES OF
THIS LIMITED WARRANTY.

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER
RIGHTS WHICH VARY FROM STATE TO STATE. YOU MAY ALSO HAVE OTHER RIGHTS WHICH
VARY FROM COUNTRY TO COUNTRY.

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