IMPORTANT—READ CAREFULLY: This Microsoft License Agreement ("Agreement") is a legal agreement between you (either an individual or a single entity) and Microsoft Corporation for the version of the Microsoft specification identified above which you are about to download ("Specification"). BY DOWNLOADING, COPYING OR OTHERWISE USING THE SPECIFICATION, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD, COPY, OR USE THE SPECIFICATION.
The Specification is owned by Microsoft or its suppliers and is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. THE SPECIFICATION IS LICENSED, NOT SOLD.
1. GRANT OF LICENSE.
(a) Provided that you comply with all terms and conditions of this Agreement, Microsoft grants to you the following non-exclusive, worldwide, royalty-free, perpetual, non-transferable, non-sublicensable, limited license under any copyrights or patents that cover the table values described in the Specification and that are owned or licensable by Microsoft without payment of consideration to third parties,
(i) to reproduce copies of the Specification for your and your contractor’s internal use for the sole purpose of (1) creating or modifying your firmware and/or BIOS for computing devices ("Firmware") so that it writes to memory the appropriate table vales in the Specification or (2) creating or modifying your software so that it may read from memory the appropriate table values (the "Purpose"),
(ii) to implement the table values in your firmware and/or BIOS,
(iii) to license to third parties directly and indirectly the table values as part of your Firmware (and any related documentation).
The foregoing license is granted only to the extent necessary to accomplish the Purpose and to license and/or distribute your Firmware containing the table values to third parties. The foregoing license shall not extend to any features of your Firmware that (i) are not required to comply with the Specification or (ii) to which there was a practicable alternative to infringing a patent.
(b) Microsoft reserves all other rights it may have in the Specification, its implementation and any intellectual property therein. The furnishing of this document does not give you or any other entity any license to any other Microsoft patents, trademarks, copyrights or other intellectual property rights. Microsoft does not grant to you or any other entity any implied licenses or rights whatsoever under this Agreement. Specifically, this Agreement does not grant any express or implied licenses or rights to any enabling technologies that may be necessary to fully utilize the table or the table values described in the Specification.
2. ADDITIONAL LIMITATIONS AND OBLIGATIONS.
(a) You must implement the table in its entirety (e.g., all fields) and without modification (e.g., byte length, offset, and permissible values as described in the Specification).
(b) Your license rights to the Specification are conditioned upon you not creating, modify, or distributing your Firmware in a way that such creation, modification, or distribution may (a) create, or purport to create, obligations for Microsoft with respect to the Specification (or intellectual property therein) or (b) grant, or purport to grant, to any third party any rights or immunities to Microsoft’s intellectual property or proprietary rights in the Specification.
(c) The foregoing license is applicable only to the version of the Specification which you are about to download. It does not apply to any additional versions of or extensions to the Specification.
(d) Without prejudice to any other rights, Microsoft may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement. In such event you must destroy all copies of the Specification and must not further distribute the table values.
3. INTELLECTUAL PROPERTY RIGHTS. All ownership, title and intellectual property rights in and to the Specification, and any copies you are permitted to make herein, are owned by Microsoft or its suppliers.
4. FEEDBACK. You have no obligation to give Microsoft any suggestions, comments or other feedback ("Feedback") relating to this Specification. However, any Feedback you voluntarily provide may be used in Microsoft products and related specifications or other documentation (collectively, "Microsoft Offerings") which in turn may be relied upon by other third parties to develop their own products. Accordingly, if You do give Microsoft Feedback on any version of this Specification or the Microsoft Offerings to which it applies, you agree: (a) Microsoft may freely use, reproduce, license, distribute, and otherwise commercialize Your Feedback in any Microsoft Offering; (b) you also grant third parties, without charge, only those patent rights necessary to enable other Products to use or interface with any specific parts of a Microsoft product that incorporate Your Feedback; and (c) you will not give Microsoft any Feedback (i) that you have reason to believe is subject to any patent, copyright or other intellectual property claim or right of any third party; or (ii) subject to license terms which seek to require any Microsoft Offering incorporating or derived from such Feedback, or other Microsoft intellectual property, to be licensed to or otherwise shared with any third party.
5. DISCLAIMER OF WARRANTIES. To the maximum extent permitted by applicable law, Microsoft and its suppliers provide the Specification (and all intellectual property therein) and any (if any) support services related to the Specification ("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 Specification, any intellectual property therein 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 SPECIFICATION AND ANY INTELLECTUAL PROPERTY THEREIN. THE ENTIRE RISK AS TO THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE SPECIFICATION, ANY INTELLECTUAL PROPERTY THEREIN, AND SUPPORT SERVICES, IF ANY, REMAINS WITH YOU.
6. 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 SPECIFICATION, ANY INTELLECTUAL PROPERTY THEREIN, the provision of or failure to provide Support Services, or otherwise under or in connection with any provision of this AGREEMENT, 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.
7. 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 Agreement and your exclusive remedy for all of the foregoing shall be limited to the greater of the amount actually paid by you for the Specification 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.
8. APPLICABLE LAW. If you acquired this Specification in the United States, this Agreement is governed by the laws of the State of Washington. In respect of any dispute which may arise hereunder, you consent to the jurisdiction of the state and federal courts sitting in King County, Washington.
9. ENTIRE AGREEMENT. This Agreement is the entire agreement between you and Microsoft relating to the Specification supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Specification or any other subject matter covered by this Agreement. To the extent the terms of any Microsoft policies or programs for Support Services conflict with the terms of this Agreement, the terms of this Agreement shall control.