MICROSOFT SOFTWARE LICENSE TERMS

Microsoft DreamSpark
Microsoft SQL Server 2005 Developer Edition
Microsoft SQL Server 2008 Developer Edition
Microsoft Visual Studio 2005 Professional Edition
Microsoft Visual Studio 2008 Professional Edition
Microsoft Expression Studio 1.0
Microsoft Expression Studio 2
Windows Server 2003 R2 Standard Edition with Service Pack 2
Windows Server 2008 Standard Edition
These license terms are an agreement between Microsoft Corporation (or based on
where You, as defined below, live, one of its affiliates) and You. Please read
them. For purposes of this agreement the term Software applies to the software na
med above, which is provided to You under the Microsoft DreamSpark program ( Stude
nt Program ), and 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 the Software.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NO
T USE THE SOFTWARE.
AS DESCRIBED BELOW, USING SOME FEATURES ALSO OPERATES AS YOUR CONSENT TO THE TRA
NSMISSION OF CERTAIN STANDARD COMPUTER INFORMATION FOR INTERNET-BASED SERVICES.
NOTICE: APPLICATIONS AND SERVICES BUILT WITH MICROSOFT VISUAL J# 2005 WILL RUN
ONLY IN THE MICROSOFT .NET FRAMEWORK. VISUAL J# 2005 HAS BEEN INDEPENDENTLY DEV
ELOPED BY MICROSOFT. IT IS NOT ENDORSED OR APPROVED BY SUN MICROSYSTEMS, INC.
If You comply with these license terms, You have the rights below.
1. NOTICE: STUDENT PROGRAM SOFTWARE. The terms of this license apply to all So
ftware provided to You under the Student Program, and shall supersede and contro
l over any conflicting license terms You may encounter in the Software, even if
installation of the Software requires You to accept a separate end user license ag
reement.
2. DEFINITIONS. "You" or Your means a person enrolled in and attending for credit c
ourses through an educational institution.
3. STUDENT PROGRAM USE RIGHTS.
a. Installation and Use Rights. You may install one copy of the Software made a
vailable to You through the Student Program on Your own device, but only (a) to
support science, technology, engineering, mathematics and/or design ( STEM-D ) cours
es, labs, or programs You are enrolled in and attending through Your educational
institution; (b) in non-commercial STEM-D research; or (c) to design, develop,
test, and demonstrate software programs for the above purposes.
b. Restrictions. You may not use the Software:
for commercial purposes (except as permitted under Section 3(d); or
to develop or maintain Your own administrative or IT systems, or those of Your e
ducational institution.
c. Violations. If Microsoft informs You that You have violated these license te
rms, You must immediately discontinue any use of the Software provided to You un
der the Student Program, and You must return or destroy all copies of the Softwa
re in Your possession.
d. No commercial use. If You use the Software to create software programs, You
may only commercially use or distribute them upon the purchase of appropriate co
mmercial license(s) for the Software.
4. END OF STUDENT STATUS; TERMINATION.
a. End of Student Status. If You no longer qualify for the Student Program (by
failing to meet the definition of "You" above), then Your membership in the Stud
ent Program will automatically terminate, however, You may continue to use the S
oftware You obtained prior to termination of Your student status subject to the
terms of this license.
b. Termination. Microsoft may terminate Your usage of any Software obtained from
the Student Program if You fail to comply with any of these terms.
5. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
a. Font Components. While the Software is running, You may use the fonts in th
e Software to display and print content. You may only:
embed fonts in content as permitted by embedding restrictions in the fonts; and,
temporarily download them to a printer or other output device to help print cont
ent.
b. Third Party Programs. Certain programs of the Software contain third party p
rograms. The license terms with those programs apply to Your use of them.
6. MANDATORY ACTIVIATION. To prevent its unlicensed use, You will not be able t
o use certain programs of the Software if You do not activate it as described du
ring installation or setup. You can activate the Software by Internet or telep
hone; Internet and telephone service charges may apply. Some changes to Your co
mputer components or the Software may require You to reactivate the Software. T
he Software will remind You to activate until You do.
7. PRODUCT KEYS. Certain programs of the Software require a key to install or a
ccess it. You are responsible for the use of keys assigned to You. You should
not share the keys with third parties.
8. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the
Software. It may change or cancel them at any time.
a. Consent for Internet-Based Services. The Software features described below c
onnect 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 s
witch off these features or not use them. For more information about these feat
ures, see the Software documentation. BY USING THESE FEATURES, YOU CONSENT TO T
HE 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 Soft
ware 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 a
vailable to You.
Digital Certificates. Certain programs of the Software use digital certificates
. These digital certificates confirm the identity of Internet users sending X.5
09 standard encrypted information. The Software retrieves certificates and updat
es certificate revocation lists. These security features only operate when You
use the Internet.
Windows Update Feature. You may connect new hardware to the device where You ru
n the Software. Your device may not have the drivers needed to communicate with
that hardware. If so, the update feature of the Software can obtain the correc
t driver from Microsoft and install and run it on Your device. You can switch o
ff this update feature.
Web Content Features. Features in the Software can retrieve related content fro
m 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 run the Sof
tware. Examples of these features are clip art, templates, online training, onl
ine assistance and Appshelp. You may choose not to use these web content featur
es.
Real Simple Syndication ( RSS ) Feed. Certain programs of the Software include a st
art page, which contains updated content that is supplied by means of an RSS fee
d online from Microsoft.
Auto Root Update. Certain programs of the Software use the Auto Root Update fea
ture, which updates the list of trusted certificate authorities. You can switch
off the Auto Root Update feature.
Windows Media Digital Rights Management. Content owners use Windows Media digita
l rights management technology (WMDRM) to protect their intellectual property, i
ncluding copyrights. Certain programs of the Software and third party software
use WMDRM to play and copy WMDRM-protected content. If the Software fails to p
rotect the content, content owners may ask Microsoft to revoke the Software s abil
ity 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 i
ncludes 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 ar
e 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 Microso
ft 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, go to http://go.mic
rosoft.com/fwlink/?LinkId=51331.
Windows Rights Management Services. Certain programs of the Software contain a
feature that allows You to create content that cannot be printed, copied or sent
to others without Your permission. You must connect to Microsoft to use this fe
ature for the first time. Once a year, You must re-connect to Microsoft to upda
te it. For more information, go to http://go.microsoft.com/fwlink/?LinkId=52646.
You may choose not to use this feature.
b. 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 se
rvices to try to gain unauthorized access to any service, data, account or netwo
rk by any means.
9. SQL SERVER BENCHMARK TESTING. You must obtain Microsoft s prior written approv
al to disclose to a third party the results of any benchmark test of the SQL Ser
ver software that accompanies this Software. However, this does not apply to th
e Microsoft .NET Framework (see below).
10. MICROSOFT .NET FRAMEWORK BENCHMARK TESTING. The Software includes the .NET
Framework component of the Windows operating systems ( .NET Component ). You may co
nduct internal benchmark testing of the .NET Component. You may disclose the re
sults of any benchmark test of the .NET Component, provided that You comply with
the following terms: (1) You must disclose all the information necessary for r
eplication of the tests, including complete and accurate details of Your benchma
rk testing methodology, the test scripts/cases, tuning parameters applied, hard
ware and software platforms tested, the name and version number of any third par
ty testing tool used to conduct the testing, and complete source code for the be
nchmark suite/harness that is developed by or for You and used to test both the
.NET Component and the competing implementation(s); (2) You must disclose the da
te (s) that You conducted the benchmark tests, along with specific version infor
mation for all Microsoft software products tested, including the .NET Component;
(3) Your benchmark testing was performed using all performance tuning and best
practice guidance set forth in the product documentation and/or on Microsoft s sup
port web sites, and uses the latest updates, patches and fixes available for the
.NET Component and the relevant Microsoft operating system; (4) it shall be suf
ficient if You make the disclosures provided for above at a publicly available l
ocation such as a website, so long as every public disclosure of the results of
Your benchmark test expressly identifies the public site containing all required
disclosures; and (5) nothing in this provision shall be deemed to waive any oth
er right that You may have to conduct benchmark testing.
11. DATA STORAGE TECHNOLOGY. Certain programs of the Software include data stor
age technology called Microsoft SQL Server Desktop Engine for Windows. Componen
ts of the Software use this technology to store data. You may not otherwise use
or access this technology under this agreement.
12. WINDOWS MOBILE COMPONENTS.
a. If You use the Software to create software programs, You may only use the Win
dows Mobile components located in the \Program Files\Windows Mobile 5.0 SDK R2\ di
rectory to create programs that run on Windows Mobile 5.0 software for Pocket PC
or Windows Mobile 5.0 software for the Smartphone.
b. Program Application and Driver Limitations. You may not use or include any o
f the Windows Mobile components located in the \Program Files\Windows Mobile 5.0
SDK R2\ directory, nor any components thereof, in the development of any program
application, device or system in which a malfunction would result in a foreseeab
le risk of personal injury, death or severe physical or environmental damage.
13. SCOPE OF LICENSE. The Software is licensed, not sold. This license agreemen
t only gives You some rights to use the Software. Microsoft reserves all other
rights. Unless applicable law gives You more rights despite this limitation, Yo
u may use the Software only as expressly permitted in this license agreement. I
n 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
disclose the results of any benchmark tests of the Software, other than the Micr
osoft .NET Framework (see separate term above), to any third party without Micro
soft s prior written approval;
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 license agreement or all
owed by applicable law, despite this limitation;
publish the Software for others to copy;
rent, lease or lend the Software;
transfer the Software or this license agreement to any third party; or
use the Software for commercial software hosting services.
14. BACKUP COPY. You may make one backup copy of the Software. You may use it
only to reinstall the Software.
15. EXPORT RESTRICTIONS. The Software is subject to United States export laws a
nd 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.micro
soft.com/exporting.
16. SUPPORT SERVICES. Because this Software is as is, Microsoft may not provide su
pport services for it.
17. ENTIRE AGREEMENT. This license agreement, and the terms for supplements, up
dates, Internet-based services and support services that You use, are the entire
agreement for the Software and support services.
18. NOTICE ABOUT THE MPEG-4 VISUAL STANDARD. This Software includes MPEG-4 visua
l decoding technology. This technology is a format for data compression of vide
o 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) GE
NERATED 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 SPECIFIC
ALLY 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.
19. APPLICABLE LAW.
a. United States. If You acquired the Software in the United States, Washington
state law governs the interpretation of this license agreement and applies to c
laims 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 c
onsumer 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 license agreement describes certain legal rights. You m
ay have other rights under the laws of Your country. This license agreement doe
s not change Your rights under the laws of Your country if the laws of Your coun
try do not permit it to do so.
21. DISCLAIMER OF WARRANTY. The Software is licensed as-is. You bear the risk o
f using it. Microsoft gives no express warranties, guarantees or conditions. Y
ou may have additional consumer rights under Your local laws which this license
agreement cannot change. To the extent permitted under Your local laws, Microso
ft excludes the implied warranties of merchantability, fitness for a particular
purpose and non-infringement.
22. 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 re
cover any other damages, including consequential, lost profits, special, indirec
t or incidental damages.
This limitation applies to
anything related to the Software, services, content (including code) on third pa
rty Internet sites, or third party programs; and
claims for breach of contract, breach of warranty, guarantee or condition, stric
t 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 possibilit
y of the damages. The above limitation or exclusion may not apply to You becaus
e Your country may not allow the exclusion or limitation of incidental, conseque
ntial or other damages.
For questions about the Student Program, please contact the Microsoft Sales Info
rmation Center at One Microsoft Way, Redmond, WA 98052-6399, U.S.A. or the Micro
soft subsidiary serving Your country.