Microsoft Source License for Windows Communication Foundation Pre-Release Components

This license governs use of the accompanying software. If you use the software, you accept this license. If you do not accept the license, do not use the software.

1. Definitions

"You" means the licensee of the software, whether the person downloading the software is acting as an individual or on behalf of an entity.

"We" or "Licensor" means Microsoft Corporation.

"Evaluation use" means internal installation and use of the software, in read-only form, for the sole purposes of designing, developing, testing and debugging your programs and services.

"Additional use" means modifying the software and allowing access to your programs or services which are enabled by the software; access may be granted to internal and external devices through your network properties or within your live operating environment.

"Licensed patents" means any Licensor patent claims which read directly on the software as distributed by the Licensor under this license.

2. Grant of Rights

(A) Copyright Grant - Subject to the terms of this license, the Licensor grants you a non-transferable, non-exclusive, worldwide, royalty-free license under Licensor copyrights to reproduce the software for evaluation and additional use.

(B) Patent Grant - Subject to the terms of this license, the Licensor grants you a non-transferable, non-exclusive, worldwide, royalty-free license under licensed patents only to use the software for evaluation use and additional use.

(C) Term –This license will terminate sixty days after the final, commercial version of the software is made available or 10 January 2010, whichever occurs first.

3. Limitations

(A) No Trademark License - This license does not grant you any rights to use the Licensor’s name, logo, or trademarks.

(B) If you begin patent litigation against Licensor over patents that you claim are infringed by the software (including a cross-claim or counterclaim in a lawsuit), your license to the software ends automatically.

(C) THE SOFTWARE IS LICENSED "AS-IS." YOU BEAR THE RISK OF USING IT. LICENSOR GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS LICENSE CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, LICENSOR EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(D) LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR 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 INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY, 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 SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF LICENSOR OR ANY SUPPLIER, AND EVEN IF LICENSOR OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

(E) Pre-Release Software - This is pre-release, unsupported software that may not operate correctly nor may it work the way a final version of the software will. We may change it (or one or more of its components) for a final, commercial version. We also may not release a commercial version. You are fully responsible for any and all damages that may result due to any failure of the software. Because this is prerelease software, your license excludes the right to (i) distribute the software to third parties and (ii) disclose the results of any benchmark tests of the software to any third party without Licensor’s prior written approval.

(F) Feedback - If you provide suggestions, comments, feedback, ideas, or know-how, in any form ("feedback") to Licensor, then you grant Licensor, without charge, the non-exclusive,royalty-free license under your owned or controlled intellectual property rights, to make, use, modify, distribute, and otherwise commercialize such feedback as part of any Licensor product, technology, service or component thereof. You will not give feedback that is subject to a license that requires Licensor to license its software or documentation to third parties because Licensor includes your feedback in them. The feedback license granted to Licensor shall survive termination of this license.

(G) Reservation of rights - Except as expressly licensed to Licensor by you, you grant no other rights in this license to Licensor and except as expressly licensed to you by Licensor, Licensor grants no other rights in this license to you.

(H) Additional use obligations - While you are not obligated to exercise the "additional use" rights granted to you in Section 2, if you do choose to exercise such rights (i) you must indemnify, defend, and hold harmless Microsoft from any claims, including attorneys' fees, that are attributable to your additional use of the software and (ii) you may not utilize or incorporate the software in malicious, deceptive or unlawful programs/services.

(I) Object Code Files - The software may include certain object code files for which its source code is not included as part of the software, or that are packaged without the source code in an installable or executable package. As to these object code files, you must comply with all technical limitations in those files that only allow you to use it in certain ways, regardless of your decision to exercise the additional use rights granted to you in Section 2, unless applicable law gives you more rights despite this limitation. You may not modify, work around any technical limitations in, or reverse engineer, decompile or disassemble these object code files, except and only to the extent that applicable law expressly permits, despite this limitation.

Created August 2008