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License Terms (Compact 7)

3/12/2014

MICROSOFT SOFTWARE LICENSE TERMS

MICROSOFT WINDOWS EMBEDDED COMPACT 7 TOOLKIT NONE

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 place of purchase. 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.

As described below, using the software also operates as your consent to the transmission of certain computer information for Internet-based services.

NOTICE. Separate licenses are required. See the Included Microsoft Programs and Additional Required Licenses section below.

If you comply with these license terms, you have the rights below for each license you acquire.

  1. OVERVIEW
    1. Software. The software includes development tools, software programs and documentation.
    2. License Model. The software is licensed on a per user basis.
  2. INSTALLATION AND USE RIGHTS
    1. General. One user may install and use one copy of the software on a computer residing on your premises running a validly licensed copy of a compatible version of Microsoft Visual Studio 2008 to design, develop, test and demonstrate your Products (as defined below). The demonstration rights do not apply to the Native Code Analysis Tool (formerly “PREfast”) included in the software. Your Products means the following:
      1. An embedded hardware device running a version of Windows Embedded Compact 7 configured through your use of the software;
      2. Your software designed for use on Windows Embedded Compact 7; and
      3. The OEM Adaptation Layer (“OAL”) and applicable drivers (as those terms are described in the software documentation) designed for use with Windows Embedded Compact 7.
    2. Included Microsoft Programs and Additional Required Licenses. Except as provided below, 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.
      1. This agreement does not grant you any rights with respect to the Windows Embedded Compact 7 Shared Source Code, Microsoft ActiveSync, Windows Mobile Device Center, Microsoft Visual Studio or Expression Blend 3 which are subject to the licenses accompanying those items.
      2. Windows Embedded Compact 7 Runtime Image. Except as provided in the Customized OEM Software Development Kit section and the Non-Commercial Rights and Limitations for Runtime Images section, this agreement does not grant you the right to reproduce and distribute the Windows Embedded Compact 7 runtime image generated through your use of this software (“Runtime Image”). If you wish to distribute the Runtime Image, and if your distribution is not covered by the sections mentioned in the previous sentence, you must first execute and comply with the terms and conditions of a royalty-bearing license from Microsoft or the Microsoft affiliate serving your country. For more information, please go to www.windowsembedded.com/howtobuy.
      3. Windows Media Components, Digital Rights Management (“DRM”). In order to utilize the DRM feature of this software, you must first execute and comply with an amendment to your royalty-bearing license from Microsoft or the Microsoft affiliate serving your country (“DRM Agreement”). Please contact your Microsoft Account Manager (Direct OEM) or Microsoft Authorized Embedded Distributor (Indirect OEM) to obtain the DRM Agreement. The following URL provides a list of Microsoft distributors in your region: www.windowsembedded.com/DRM. You will need to send a copy of the DRM Amendment to wincedrm@microsoft.com with your request for the DRM certificate.
  3. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS
    1. Font Components. While the software is running, you may use its fonts to display and print content. You may only
      • embed fonts in content as permitted by the embedding restrictions in the fonts; and
      • temporarily download them to a printer or other output device to help print content.
    2. Distributable Code. The software contains code that you are permitted to distribute in the Products you develop if you comply with the terms below.
      1. Right to Use and Distribute. The code and text files listed below are “Distributable Code.”
        • Sample Code. You may modify, copy, and distribute the source and object code form of code marked as “sample.” Sample Code is the source and object code form of code marked as “sample” in their file headers and located in the PUBLIC, PLATFORM or OTHERS directories. Sample code also includes the following files located in the PUBLIC, PLATFORM or OTHERS directories: *.ASM *.BIB, *.C, *.CPP *.CXX, *.DB, *.DAT, *.H, *.HPP, *.HXX, *.INC, *.MC, *.PBCXML, *.PBPXML, *.PBXML, *.RC, *.REG, *.SRC, *.S, *.XML, DIRS, DIRS.*, MAKEFILE.*, and SOURCES. You may copy and distribute the Sample Code. You may also make derivatives of the Sample Code and distribute the modified Sample Code. Your license rights to the Sample Code, including derivatives, are only for use on a Windows Embedded Compact 7 based device.
        • MFCs, ATLs and CRTs. You may modify the source code form of Microsoft Foundation Classes (MFCs), Active Template Libraries (ATLs), and C runtimes (CRTs) to design, develop and test your Products, and copy and distribute the object code form of your modified files under a new name. Your license rights to these files, including derivatives are only for use on a Windows Compact 7 based device.
        • Third Party Distribution. You may permit distributors of your Products to copy and distribute the Distributable Code as part of those Products.
      2. Distribution Requirements. For any Distributable Code you distribute, you must
        • add significant primary functionality to it in your Products;
        • require distributors and external end users to agree to terms that protect it at least as much as this agreement;
        • display your valid copyright notice on your Products; and
        • indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of your Products.
      3. Distribution Restrictions. You may not
        • alter any copyright, trademark or patent notice in the Distributable Code;
        • use Microsoft’s trademarks in your Products’ names or in a way that suggests your Products come from or are endorsed by Microsoft;
        • distribute Distributable Code to run on a platform other than the Windows Embedded Compact 7 platform. Include Distributable Code (including any derivatives) in a Runtime Image except as permitted in the Non-Commercial Rights and Limitations for Runtime Images section of this agreement or (b) pursuant to a royalty-bearing license with Microsoft or the Microsoft affiliate serving your country for distribution of Windows Embedded Compact 7; or
        • include Distributable Code in malicious, deceptive or unlawful Products; or
        • modify or distribute the source code of any Distributable Code 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.
      4. Additional Terms Applicable to Distributable Code
        • You must provide end user support for your derivative works,
        • If you assert any claims against Microsoft over patents that you think may apply to the Distributable Code (including a cross-claim or counterclaim in a lawsuit), your license to the Distributable Code ends automatically.
    3. CUSTOMIZED OEM SOFTWARE DEVELOPMENT KIT (SDK)
      1. SDK Tool. You may use the Microsoft SDK tool to generate the Windows Embedded Compact 7 Customized SDK (“Customized SDK”) for the development of software which runs on a Windows Embedded Compact 7 device.
      2. Customized SDK. You may distribute the Customized SDK for development purposes only to third parties wishing to develop software applications for a Windows Embedded Compact 7 product provided that you comply with the terms below.
        For any distribution, you must
        • limit the Microsoft files in the Customized SDK to those listed in the Manifest.txt file generated by the SDK tool;
        • only include a Runtime Image if it is limited for use with the device emulator included in Visual Studio 2008 or later;
        • require third parties to agree to the Windows Embedded Compact 7 Customized OEM Software Development Kit license terms located in the Program Files\Microsoft Platform Builder\7.00\cepb\ideVS\sdktools\rollerfiles ("Customized SDK License Terms”);
        • include any applicable additional license terms in the Customized SDK License Terms for the software you developed and distribute with the Customized SDK. Your additional license terms must be at least as protective as the Customized SDK License Terms;
        • identify those portions of software developed by you and distributed with the Customized SDK either in the Customized SDK License Terms or documentation that you provide with the Customized SDK;
        • display your valid copyright notice on software developed by you and distributed with the Customized SDK;
        • indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of the Customized SDK;
        • comply with the DRM Agreement if your Product utilizes the DRM component in the software; and
        • provide end user support for your Customized SDK.
        For any distribution, you may not
        • use Microsoft’s trademarks in your Product’s name or in any way that suggests your Products come from or are endorsed by Microsoft except as generated by the SDK Tool;
        • alter any copyright, trademark or patent notice in the Microsoft files in the Customized SDK;
        • include any malicious, deceptive or unlawful Products in your software, the Customized SDK or the Customized SDK documentation; and
        • permit further distribution of the Customized SDK.
    4. NON-COMMERCIAL RIGHTS AND LIMITATIONS FOR RUNTIME IMAGES. Below are certain non-commercial use rights if you comply with the terms below. You may not use or distribute the software for commercial purposes. Examples of commercial purposes would be running business operations, licensing, leasing, or selling the software, distributing the software in a Product to customers for evaluation purposes, distributing the software for use with commercial products, using the software in the creation or use of commercial products or any other activity which purpose is to procure a commercial gain to you or others. If you are a school or an instructor using Runtime Images as part of teaching a class in an academic or vocational-technical setting, the payment of tuition to the school or receipt of a salary by the instructor does not constitute financial consideration. All of the license rights in this section are only for non-commercial purposes and are subject to the Non-Commercial Demonstration and Distribution Requirements and Restrictions below.
      1. Individual Non-Commercial Use. If you are an individual (that is, a natural person, and not an organization, business entity, or unit of government), then you may flash or download the Runtime Image to your device for your own Non-Commercial use.
      2. Demonstration of Your Pre-Release Product. You may publicly demonstrate your pre-release Product to your customers and potential customers if you (i) clearly mark such Product “pre-release” or “beta” and (ii) not provide or distribute such Product to any third party.
      3. Non-Commercial Distribution. You may
        • distribute no more than two Runtime Images that you install on a hard disk drive or in non-volatile solid state memory on a reasonable number of embedded hardware Products or any device or other product or service distributed or offered with or in connection with the Runtime Image if (i) you agree to distribute no more than two (2) Runtime Images on the same embedded hardware Product, and (ii) your Product is not a general-purpose personal computing device or useable as a viable substitute for general-purpose computing device, such as a personal computer or multi-function server; and
        • develop and distribute a Runtime Image to other software licensees only for development and educational purposes.
      4. Non-Commercial Demonstration and Distribution Requirements and Restrictions.
        For any Non-Commercial Demonstration or Distribution, you must
        • require recipients of the items distributed under Section 3(d) to agree to terms that protect them at least as much as this agreement;
        • display your valid copyright notice on any distributed Product and Runtime Images;
        • indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees related to the distribution or use of your Product or Runtime Images; and
        • provide end user support for your Product and Runtime Images.
        For any Non-Commercial Demonstration or Distribution, you may not
        • permit further distribution of the Runtime Images;
        • use Microsoft’s trademarks in your Runtime Image or Product’s name or in any way that suggests your Runtime Image or Products come from or are endorsed by Microsoft;
        • alter any copyright, trademark or patent notice in your Runtime Image; and
        • include any malicious, deceptive or unlawful programs in your Product or Runtime Images.
    5. Device Limitations/High Risk Use. The software is not fault-tolerant and is not designed, manufactured or intended for any use requiring fail-safe performance in which the failure of the software could lead to death, serious injury, or severe physical and environmental damage (“High risk Use”), such as the operation of aircraft, mass human transportation, nuclear or chemical facilities. High Risk Use also includes Class III medical devices under the Federal Food, Drug, and Cosmetic Act unless:
      • Use of the Products in Class III medical embedded system has been specifically reviewed and approved by the US Food and Drug Administration for marketing in the United States; or
      • The medical Embedded System is intended for marketing outside the United States and is identical in technology and labeling to such approved United States version.
      You agree not to use, or license the use of, the software in connection with any High Risk Uses and will inform your end users in writing of the foregoing restriction.
    6. Additional Functionality. Microsoft may provide additional functionality for the software. Other license terms and fees may apply.
  4. RUNTIME ASSESSMENT TOOL The Runtime Assessment Tool is provided for informational purposes only. For official license information pertaining to the Runtime, please consult your royalty bearing license agreement with Microsoft or the Microsoft affiliate serving your country.
  5. SPEECH/HANDWRITING RECOGNITION. If you include the speech and/or handwriting recognition component(s) in your Product, you should understand that speech and handwriting recognition are inherently statistical processes; that recognition errors are inherent in the processes; that it is your responsibility to provide for the handling of such errors and to monitor the recognition processes and correct any errors. Neither Microsoft nor its suppliers shall be liable for any damages arising out of errors in the speech and handwriting recognition processes.
  6. INTERNET-BASED SERVICES Microsoft provides Internet-based services with the software. It may change or cancel them at any time.
    1. Consent for Internet-Based Services. The software features described below connect to Microsoft or service provider computer systems over the Internet. In some cases, you will not receive a separate notice when they connect. You may switch off these features or not use them. For more information about these features, see the software documentation. By using these features, you consent to the transmission of this information. Microsoft does not use the information to identify or contact you.
      Computer Information. The following features use Internet protocols, which send to the appropriate systems computer information, such as your Internet protocol address, the type of operating system, browser and name and version of the software you are using, and the language code of the device where you installed the software. Microsoft uses this information to make the Internet-based services available to you.
      • Windows Update Feature. You may connect new hardware to the computer where you installed the software. Your computer may not have the drivers needed to communicate with that hardware. If so, the update feature of the software can obtain the correct driver from Microsoft and install it on your computer. You can switch off this update feature.
      • Web Content Features. Features in the software can retrieve related content from Microsoft and provide it to you. To provide the content, these features send to Microsoft the type of operating system, name and version of the software you are using, type of browser and language code of the device where you installed the software. Examples of these features are clip art, templates, online training, online assistance and Appshelp. You may choose not to use these web content features.
      • Digital Certificates. The software uses digital certificates. These digital certificates confirm the identity of Internet users sending X.509 standard encrypted information. The software retrieves certificates and updates certificate revocation lists. These security features operate only when you use the Internet.
      • Windows Media Digital Rights Management. Content owners use Windows Media digital rights management technology (WMDRM) to protect their intellectual property, including copyrights. This software and third party software use WMDRM to play and copy WMDRM-protected content. If the software fails to protect the content, content owners may ask Microsoft to revoke the software’s ability to use WMDRM to play or copy protected content. Revocation does not affect other content. When you download licenses for protected content, you agree that Microsoft may include a revocation list with the licenses. Content owners may require you to upgrade WMDRM to access their content. Microsoft software that includes WMDRM will ask for your consent prior to the upgrade. If you decline an upgrade, you will not be able to access content that requires the upgrade. You may switch off WMDRM features that access the Internet. When these features are off, you can still play content for which you have a valid license.
      • Windows Media Player. When you use Windows Media Player, it checks with Microsoft for compatible online music services in your region;
        • new versions of the player; and
        • codecs if your device does not have the correct ones for playing content.
        You can switch off this last feature. For more information, to go.microsoft.com/fwlink/?LinkId=51331.
      • Windows Time Service. This service synchronizes with time.windows.com once a week to provide your computer with the correct time. You can turn this feature off or choose your preferred time source within the Date and Time Control Panel applet. The connection uses standard NTP protocol.
      • IPv6 Network Address Translation (NAT) Traversal service (Teredo). This feature helps existing home Internet gateway devices transition to IPv6. IPv6 is next generation Internet protocol. It helps enable end-to-end connectivity often needed by peer-to-peer applications. To do so, each time you start up the software the Teredo client service will attempt to locate a public Teredo Internet service. It does so by sending a query over the Internet. This query only transfers standard Domain Name Service information to determine if your computer is connected to the Internet and can locate a public Teredo service. If you use an application (e.g. Windows Meeting Space) that needs IPv6 connectivity or
        configure your firewall to always enable IPv6 connectivity by default standard Internet Protocol information will be sent to the Teredo service at Microsoft at regular intervals. No other information is sent to Microsoft. You can change this default to use non-Microsoft servers. You can also switch off this feature using a command line utility named “netsh”.
      • Microsoft Error Reporting Service. This feature helps Microsoft and Windows partners diagnose problems in the software and provide solutions. Not all problems will have a solution but when a solution is available, it will be offered as a step to solve a problem you have reported or as an update to install. As part of setup and installation, the Microsoft Error Reporting Service sends to Microsoft information about setup and installation failures in order to attempt to diagnose the problem. To help prevent problems and make the software more reliable, some solutions are also included in service packs and future versions of the software.
    2. Use of Information. Microsoft may use the computer information, error reports, and Malware reports to improve our software and services. We may also share it with others, such as hardware and software vendors. They may use the information to improve how their products run with Microsoft software.
    3. Misuse of Internet-based Services. You may not use these services in any way that could harm them or impair anyone else’s use of them. You may not use the services to try to gain unauthorized access to any service, data, account or network by any means.
  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 www.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 www.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. 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; or
    • use the software for commercial software hosting services.
  9. SEPARATION OF COMPONENTS. The components of the software are licensed as a single unit. You may not separate the components and install them on different devices.
  10. BACKUP COPY
    You may make one backup copy of the software. You may use it only to reinstall the software.
  11. DOCUMENTATION
    Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
  12. NOT FOR RESALE SOFTWARE. You may not sell software marked as “NFR” or “Not for Resale.”
  13. 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.
  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. NOTICE ABOUT CODEC STANDARDS. This software includes codec standards for encoding and decoding audio and visual content. You are not licensed for any implementation or distribution of the technology in any commercial product or service such as Runtime Images that you develop using this software. You are responsible for determining and securing these license rights.
  16. NOTICE ABOUT THE MPEG-4 VISUAL STANDARD. This software includes MPEG-4 visual decoding technology. This technology is a format for data compression of video information. MPEG LA, L.L.C. requires this notice:
    USE OF THIS PRODUCT IN ANY MANNER THAT COMPLIES WITH THE MPEG 4 VISUAL STANDARD IS PROHIBITED, EXCEPT FOR USE DIRECTLY RELATED TO (A) DATA OR INFORMATION (i) GENERATED BY AND OBTAINED WITHOUT CHARGE FROM A CONSUMER NOT THEREBY ENGAGED IN A BUSINESS ENTERPRISE, AND (ii) FOR PERSONAL USE ONLY; AND (B) OTHER USES SPECIFICALLY AND SEPARATELY LICENSED BY MPEG LA, L.L.C.
    If you have questions about the MPEG-4 visual standard, please contact MPEG LA, L.L.C., 250 Steele Street, Suite 300, Denver, Colorado 80206; www.mpegla.com.
  17. NOTICE ABOUT THE AVC/H.264 VISUAL STANDARD. This software may include AVC/H.264 video decoding technology, MPEG LA, L.L.C. requires this notice:
    THIS PRODUCT IS LICENSED UNDER THE AVC/H.264 PATENT PORTFOLIO LICENSES FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (A) ENCODE VIDEO IN COMPLIANCE WITH THE AVC/H.264 STANDARD (“AVC/H.264 VIDEO”) OR (B) DECODE AVC/H.264 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC/H.264 VIDEO. NO LICENSE IS GRANTED OR WILL BE IMPLIED FOR ANY OTHER USE.
    If you have questions about the AVC/H.264 visual standard, please contact MPEG LA, L.L.C., 250 Steele Street, Suite 300, Denver, Colorado 80206; www.mpegla.com.
  18. NOTICE ABOUT THE MP3 AUDIO STANDARD. This software includes MP3 audio encoding and decoding technology as defined by ISO/IEC 11172-3 and ISO/IEC 13818-3. It is not licensed for any implementation or distribution in any commercial product or service such as runtimes that you develop using this software. You are responsible for determining and securing license rights to include the MP3 audio technology in your commercial products and services that you develop using this software.
  19. NOTICE ABOUT THE MPEG-2 VISUAL STANDARD. This software includes MPEG-2 visual decoding technology. MPEG LA, L.L.C. requires this notice:
    USE OF THIS PRODUCT IN ANY MANNER THAT COMPLIES WITH THE MPEG 2 VISUAL STANDARD IS PROHIBITED, EXCEPT FOR USE DIRECTLY RELATED TO (A) DATA OR INFORMATION (i) GENERATED BY AND OBTAINED WITHOUT CHARGE FROM A CONSUMER NOT THEREBY ENGAGED IN A BUSINESS ENTERPRISE, AND (ii) FOR PERSONAL USE ONLY; AND (B) OTHER USES SPECIFICALLY AND SEPARATELY LICENSED BY MPEG LA, L.L.C.
    If you have questions about the MPEG-2 visual standard, please contact MPEG LA, L.L.C., 250 Steele Street, Suite 300, Denver, Colorado 80206; www.mpegla.com.
  20. NOTICE ABOUT THE VC-1 VISUAL STANDARD. This software may include VC-1 visual decoding technology. MPEG LA, L.L.C. requires this notice:
    THIS PRODUCT IS LICENSED UNDER THE VC-1 PATENT PORTFOLIO LICENSES FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (A) ENCODE VIDEO IN COMPLIANCE WITH THE VC-1 STANDARD (“VC-1 VIDEO”) OR (B) DECODE VC-1 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE VC-1 VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE.
    If you have questions about the VC-1 visual standard, please contact MPEG LA, L.L.C., 250 Steele Street, Suite 300, Denver, Colorado 80206; www.mpegla.com.
  21. NOTICE AND ADDITIONAL TERMS FOR ADOBE FLASH PLAYER 10.x. This software includes Adobe Flash Player 10.x (“Flash Player 10”), which is not licensed for any implementation or distribution in any commercial product or service such as runtimes that you develop using this software. Any commercial distribution of Flash Player 10 by you is conditioned upon and subject to such you entering into an Open Screen Project Software Distribution Agreement with Adobe. Flash Player 10 incorporates certain code (“Content Protection Code”) that enables Adobe’s encrypted real-time messaging protocol technology (“RTMPe”) and those aspects of Flash Player 10 designed to ensure compliance with the Compliance and Robustness Rules (a copy of which are located at www.adobe.com/mobile/licensees or a successor website thereto), and to prevent playback, copying, modification, redistribution or other actions with respect to digital content distributed for consumption by users of Flash Player 10 when such actions are not authorized by the owners of such digital content or its licensed distributors (the “Content Protection Functions”).
    Your right right to exercise the licenses granted under this Agreement for Flash Player 10 is subject to the additional restrictions and obligations below. If you fail to comply with these restrictions and obligations, such failure will be treated as a material breach of this Agreement by you.
    Additional restictions and obligations:
    • Keys Protection. The cryptographic values contained in Flash Player 10 for use in decrypting digital content (the “Keys”) and the RTMPe module containing such Keys, if provided to you in pre-compiled form, are hereby designated as “Adobe’s Confidential Information” and Source Code, and will be treated and protected as such. In the case of a pre-compiled RTMPe module, such treatment and protection as Adobe Confidential Information and Source Code will continue only until such module is fully compiled and integrated with the Flash Player 10. You agree that you will, with respect to the Keys, adhere to Adobe’s Source Code Handling Procedure, which is available from Adobe Systems Inc., Attention: OSP Contracts, 801 N. 34th Street, Seattle, WA 98103.
    • No Circumvention. You may not (i) circumvent the Content Protection Functions of either Flash Player 10 or any related Adobe software that is used to encrypt or decrypt digital content for authorized consumption by users of such software, or (ii) develop or distribute products that are designed to circumvent the Content Protection Functions of either Flash Player 10 or any Adobe software that is used to encrypt or decrypt digital content for authorized consumption by users of such software.
    • Failure to Update. Without limiting provisions of the Agreement, you acknowledge and agree that, failure to update the Flash Player 10 may cause incompatibility issues, including but not limited to failure of the Flash Player 10 to execute content and application properly, and error messages.
    • Injunctive Relief. You agree that a breach of this Agreement may compromise the Content Protection Functions of Flash Player 10 and cause unique and lasting harm to the interests of Adobe and owners of digital content that rely on such Content Protection Functions, and that monetary damages will be inadequate to compensate fully for such harm. Therefore, you further agree that Adobe may be entitled to injunctive relief to prevent or limit the harm caused by any such breach by you, in addition to monetary damages.
    • Except pursuant to applicable permissions or agreements therefore, from or with the applicable parties, you may not use or allow the use of, Flash Player 10 for the encoding or decoding of MP3 audio only (.mp3) data on any non-pc device (e.g., mobile phone or set-top box), nor may the MP3 encoders or decoders contained in Flash Player 10 be used or accessed by any product other than the Flash Player 10. Flash Player 10 may be used for the encoding or decoding of MP3 data contained within a swf or flv file, which contains video, picture or other data. You acknowledge that use of Flash Player 10 for non-PC devices, as described in the prohibitions in this paragraph above, may require the payment of licensing royalties or other amounts to third parties who may hold intellectual property rights related to the MP3 technology and that Adobe has not paid any royalties or other amounts on account of third party intellectual property rights for such use. If you require an MP3 encoder or decoder for such use, you are responsible for obtaining the necessary intellectual property license, including any applicable patent rights.
    • All codecs provided with Flash Player 10 may only be used as an integrated part of Flash Player 10 and may not be accessed by any other application, including your product.
    • Flash Player 10 may be provided with an AAC codec and/or HE-AAC codec (the “AAC Codec”). Use of the AAC Codec is conditioned on you obtaining a proper patent license covering necessary patents as provided by VIA Licensing, for end products on or in which the AAC Codec will be used. You acknowledges and agrees that Adobe is not providing a patent license for an AAC Codec under this Agreement.
    • FLASH PLAYER 10 MAY CONTAIN CODE LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE PERSONAL NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD ("AVC VIDEO") AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR WILL BE IMPLIED FOR ANY OTHER USE. If you have questions about the AVC standard, please contact MPEG LA, L.L.C., 250 Steele Street, Suite 300, Denver, Colorado 80206; www.mpegla.com.
  22. 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.
  23. SUPPORT SERVICES. Microsoft provides support services for the software as described at www.support.microsoft.com/common/international.aspx.

  24. 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.
  25. APPLICABLE LAW.
    1. 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.
    2. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
  26. 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.
  27. 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

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  1. 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.
  2. 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.
  3. EXCLUSIONS FROM WARRANTY. This warranty does not cover the customized SDK, Runtime Assessment Tool, or Distributable Code, which are provided “AS IS” with no warranties. Additionally, 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.
  4. 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.
  5. CONSUMER RIGHTS NOT AFFECTED. You may have additional consumer rights under your local laws, which this agreement cannot change.
  6. 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).
  7. 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.
  8. 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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