Discussion:
Will XP Service Pack 2 spell the end of cola?
(too old to reply)
DFS
2004-07-05 13:35:41 UTC
Permalink
If XP SP2 arrives and provides a default level of security at or above
Linux', what ever will you Linux nuts rave about?

I predict this group will just about shut down.
e7
2004-07-05 13:52:45 UTC
Permalink
Post by DFS
If XP SP2 arrives and provides a default level of security at or above
Linux', what ever will you Linux nuts rave about?
I predict this group will just about shut down.
I wouldn't worry about that.
I checked on Google.

Results 1 - 10 of about 167,000 for XP SP2 not secure. (0.52 seconds)
clippy the paperclip
2004-07-05 14:05:39 UTC
Permalink
Post by e7
Post by DFS
If XP SP2 arrives and provides a default level of security at or above
Linux', what ever will you Linux nuts rave about?
I predict this group will just about shut down.
I wouldn't worry about that.
I checked on Google.
Results 1 - 10 of about 167,000 for XP SP2 not secure. (0.52 seconds)
"IE workaround a non-starter":

http://www.theregister.co.uk/2004/07/05/ie_vuln/
DFS, the hard-of-hearing, reckoning fornication
2004-07-05 13:56:26 UTC
Permalink
Post by DFS
If XP SP2 arrives and provides a default level of security at or above
Linux', what ever will you Linux nuts rave about?
I predict this group will just about shut down.
Well you'd be a fucking idiot, wouldn't you, eh. The linuxfux will still
have their delusions.
Ralph
2004-07-05 14:07:04 UTC
Permalink
Post by DFS
If XP SP2 arrives and provides a default level of security at or above
Linux', what ever will you Linux nuts rave about?
Will it replace IE? Then it will not be anywhere near as secure. Will it
match my Mandrake at Msec 5? Not a chance.
Post by DFS
I predict this group will just about shut down.
begin I-predict

that MS will not have fixed the begin bug!!POS that OE is.
Rick
2004-07-05 15:28:26 UTC
Permalink
Post by DFS
If XP SP2 arrives and provides a default level of security at or above
Linux', what ever will you Linux nuts rave about?
I predict this group will just about shut down.
If you are wrong, will you apply for a Darwin Award?
--
Rick
ray
2004-07-05 15:54:12 UTC
Permalink
Post by DFS
If XP SP2 arrives and provides a default level of security at or above
Linux', what ever will you Linux nuts rave about?
I predict this group will just about shut down.
I don't think there is much chance that will happen.
DFS
2004-07-05 20:26:03 UTC
Permalink
Post by ray
Post by DFS
If XP SP2 arrives and provides a default level of security at or
above Linux', what ever will you Linux nuts rave about?
I predict this group will just about shut down.
I don't think there is much chance that will happen.
There's MUCH less chance OSS will supplant Microsoft.
Tensile Strength
2004-07-05 22:31:53 UTC
Permalink
Post by DFS
There's MUCH less chance OSS will supplant Microsoft.
Already has...and, the government basically issued a note to the laggards to
get off Windows ASAP.

It's over.
Linønut
2004-07-06 14:13:01 UTC
Permalink
Post by ray
Post by DFS
If XP SP2 arrives and provides a default level of security at or above
Linux', what ever will you Linux nuts rave about?
I predict this group will just about shut down.
I don't think there is much chance that will happen.
Neither (XP security or COLA shutting down) will happen.
--
Free as in freedom
Power as in empowerment
GreyCloud
2004-07-05 15:55:55 UTC
Permalink
Post by DFS
If XP SP2 arrives and provides a default level of security at or above
Linux', what ever will you Linux nuts rave about?
I predict this group will just about shut down.
I predict that you're wrong.
--
---------------------------------
My other computer is a VAX.
Peter Jensen
2004-07-05 19:54:44 UTC
Permalink
-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1
Post by GreyCloud
Post by DFS
If XP SP2 arrives and provides a default level of security at or
above Linux', what ever will you Linux nuts rave about?
I predict this group will just about shut down.
I predict that you're wrong.
Don't be so sure. If this service pack is as bug filled as some of the
previous ones (what was that, NT service pack 6?), it may just deal
enough of a blow to Microsoft that Linux will be taking over. If that
happens there will be nothing left to advocate, and the group will
indeed shut down :-)

(You see ... it's possible to spin just about anything into a positive)

-----BEGIN PGP SIGNATURE-----
Version: GnuPG v1.2.4 (GNU/Linux)

iD8DBQFA6bH+d1ZThqotgfgRAqtBAJ9rPR51skKfeLvCnUMSA9Rp+1ynnwCdFKbh
Sz7/hgV2ODEGNhf06t9vofA=
=oVpM
-----END PGP SIGNATURE-----
--
PeKaJe

I am the wandering glitch -- catch me if you can.
DFS
2004-07-05 20:27:15 UTC
Permalink
Post by Peter Jensen
-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1
Post by GreyCloud
Post by DFS
If XP SP2 arrives and provides a default level of security at or
above Linux', what ever will you Linux nuts rave about?
I predict this group will just about shut down.
I predict that you're wrong.
Don't be so sure. If this service pack is as bug filled as some of
the previous ones (what was that, NT service pack 6?), it may just
deal enough of a blow to Microsoft that Linux will be taking over.
If that happens there will be nothing left to advocate, and the group
will indeed shut down :-)
(You see ... it's possible to spin just about anything into a
positive)
Now you're thinking....
Post by Peter Jensen
-----BEGIN PGP SIGNATURE-----
Version: GnuPG v1.2.4 (GNU/Linux)
iD8DBQFA6bH+d1ZThqotgfgRAqtBAJ9rPR51skKfeLvCnUMSA9Rp+1ynnwCdFKbh
Sz7/hgV2ODEGNhf06t9vofA=
=oVpM
-----END PGP SIGNATURE-----
Tensile Strength
2004-07-05 22:30:39 UTC
Permalink
Post by DFS
Now you're thinking....
Something that seems hard for you to accomplish.
GreyCloud
2004-07-06 04:47:34 UTC
Permalink
Post by Peter Jensen
-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1
Post by GreyCloud
Post by DFS
If XP SP2 arrives and provides a default level of security at or
above Linux', what ever will you Linux nuts rave about?
I predict this group will just about shut down.
I predict that you're wrong.
Don't be so sure. If this service pack is as bug filled as some of the
previous ones (what was that, NT service pack 6?), it may just deal
enough of a blow to Microsoft that Linux will be taking over. If that
happens there will be nothing left to advocate, and the group will
indeed shut down :-)
(You see ... it's possible to spin just about anything into a positive)
Hehehe... but the wintrolls will keep on coming and they'd have
withdrawal symptoms. :-))
--
---------------------------------
My other computer is a VAX.
ray
2004-07-05 15:56:11 UTC
Permalink
Post by DFS
If XP SP2 arrives and provides a default level of security at or above
Linux', what ever will you Linux nuts rave about?
I predict this group will just about shut down.
I really don't give a damn if XP SP2 is the most secure os on the planet -
I still won't install XP as long as MS maintains their insane activation
policies.
DFS
2004-07-05 20:27:57 UTC
Permalink
Post by ray
Post by DFS
If XP SP2 arrives and provides a default level of security at or
above Linux', what ever will you Linux nuts rave about?
I predict this group will just about shut down.
I really don't give a damn if XP SP2 is the most secure os on the
planet - I still won't install XP as long as MS maintains their
insane activation policies.
You do know how to use XP and get around them, don't you?
Peter Köhlmann
2004-07-05 20:49:27 UTC
Permalink
Post by DFS
Post by ray
Post by DFS
If XP SP2 arrives and provides a default level of security at or
above Linux', what ever will you Linux nuts rave about?
I predict this group will just about shut down.
I really don't give a damn if XP SP2 is the most secure os on the
planet - I still won't install XP as long as MS maintains their
insane activation policies.
You do know how to use XP and get around them, don't you?
Another wintendo luser advocating breaking the laws

And you dare to wine about GPL
--
Windows was created to keep stupid people away from UNIX."
  -- Tom Christiansen
DFS
2004-07-05 20:53:44 UTC
Permalink
Post by Peter Köhlmann
Post by DFS
Post by ray
Post by DFS
If XP SP2 arrives and provides a default level of security at or
above Linux', what ever will you Linux nuts rave about?
I predict this group will just about shut down.
I really don't give a damn if XP SP2 is the most secure os on the
planet - I still won't install XP as long as MS maintains their
insane activation policies.
You do know how to use XP and get around them, don't you?
Another wintendo luser advocating breaking the laws
Another Linux-liar lying about what I said.
Post by Peter Köhlmann
And you dare to wine about GPL
FREE! software is great, as long as you don't actually install it.
Peter Köhlmann
2004-07-05 21:33:52 UTC
Permalink
Post by DFS
Post by Peter Köhlmann
Post by DFS
Post by ray
Post by DFS
If XP SP2 arrives and provides a default level of security at or
above Linux', what ever will you Linux nuts rave about?
I predict this group will just about shut down.
I really don't give a damn if XP SP2 is the most secure os on the
planet - I still won't install XP as long as MS maintains their
insane activation policies.
You do know how to use XP and get around them, don't you?
Another wintendo luser advocating breaking the laws
Another Linux-liar lying about what I said.
Well, you certainly said "You do know how to use XP and get around them"
According to US laws you are breaking the law when circumventing the
activation schemes of XP
Post by DFS
Post by Peter Köhlmann
And you dare to wine about GPL
FREE! software is great, as long as you don't actually install it.
Sure

Idiot
--
Support bacteria -- it's the only culture some people have!
Linønut
2004-07-06 14:14:45 UTC
Permalink
Post by Peter Köhlmann
Post by DFS
Post by Peter Köhlmann
Post by DFS
Post by ray
I really don't give a damn if XP SP2 is the most secure os on the
planet - I still won't install XP as long as MS maintains their
insane activation policies.
You do know how to use XP and get around them, don't you?
Another wintendo luser advocating breaking the laws
Another Linux-liar lying about what I said.
Well, you certainly said "You do know how to use XP and get around them"
According to US laws you are breaking the law when circumventing the
activation schemes of XP
Besides, why bother with XP when you don't have?
--
Free as in freedom
Power as in empowerment
Scott Gardner
2004-07-05 21:37:49 UTC
Permalink
Post by DFS
Post by ray
Post by DFS
If XP SP2 arrives and provides a default level of security at or
above Linux', what ever will you Linux nuts rave about?
I predict this group will just about shut down.
I really don't give a damn if XP SP2 is the most secure os on the
planet - I still won't install XP as long as MS maintains their
insane activation policies.
You do know how to use XP and get around them, don't you?
How do you get around the XP activation? I bought my copy of XP when it
first became available, and have re-activated it online several times when
my hardware changed significantly. But now, whenever I try to install it,
it tells me that I've activated it too many times, and forces me to call
the MS support line. Not a big deal, but if there's an easy way to bypass
the activation, I'd be interested in it for convenience's sake. It's kind
of like when I buy a game and install the patch allowing the game to run
without the CD present in the drive. The game publisher probably wouldn't
be happy about it, but I'm okay with it morally, since I paid for the game
and am only installing the patch so that I don't have to find the CD every
time I want to play the game.

Scott Gardner
DFS
2004-07-06 01:08:20 UTC
Permalink
Post by Scott Gardner
Post by DFS
Post by ray
Post by DFS
If XP SP2 arrives and provides a default level of security at or
above Linux', what ever will you Linux nuts rave about?
I predict this group will just about shut down.
I really don't give a damn if XP SP2 is the most secure os on the
planet - I still won't install XP as long as MS maintains their
insane activation policies.
You do know how to use XP and get around them, don't you?
How do you get around the XP activation?
Start here on your favorite search engine: "bypassing Windows XP activation"
Post by Scott Gardner
I bought my copy of XP when
it first became available, and have re-activated it online several
times when my hardware changed significantly. But now, whenever I
try to install it, it tells me that I've activated it too many times,
and forces me to call the MS support line. Not a big deal, but if
there's an easy way to bypass the activation, I'd be interested in it
for convenience's sake. It's kind of like when I buy a game and
install the patch allowing the game to run without the CD present in
the drive. The game publisher probably wouldn't be happy about it,
but I'm okay with it morally, since I paid for the game and am only
installing the patch so that I don't have to find the CD every time I
want to play the game.
Scott Gardner
billy nelson
2004-07-06 10:43:17 UTC
Permalink
Post by DFS
Post by Scott Gardner
Post by DFS
Post by ray
I really don't give a damn if XP SP2 is the most secure os on the
planet - I still won't install XP as long as MS maintains their
insane activation policies.
You do know how to use XP and get around them, don't you?
How do you get around the XP activation?
Start here on your favorite search engine: "bypassing Windows XP activation"
No. The question was: how do *you* get around XP activation? Or are you
lying again?
DFS
2004-07-06 18:57:37 UTC
Permalink
Post by billy nelson
Post by DFS
Post by Scott Gardner
Post by DFS
Post by ray
I really don't give a damn if XP SP2 is the most secure os on the
planet - I still won't install XP as long as MS maintains their
insane activation policies.
You do know how to use XP and get around them, don't you?
How do you get around the XP activation?
Start here on your favorite search engine: "bypassing Windows XP activation"
No. The question was: how do *you* get around XP activation? Or are
you lying again?
Oh. I don't get around it. I haven't ever had to activate it.
William Poaster
2004-07-06 22:11:19 UTC
Permalink
begin On Tue, 06 Jul 2004 14:57:37 -0400, the troll DFS making excuses
for m$, wrote:

<Nothing but more fudging>
--
"If it weren't for Windows, you wouldn't
be posting anything right now."
DFS - comp.os.linux.advocacy
Date: Tue, 22 Jun 2004 22:55:04 -0400
Me543534
2004-07-07 10:08:03 UTC
Permalink
Post by DFS
Post by Scott Gardner
Post by DFS
Post by ray
I really don't give a damn if XP SP2 is the most secure os on the
planet - I still won't install XP as long as MS maintains their
insane activation policies.
You do know how to use XP and get around them, don't you?
How do you get around the XP activation?
Start here on your favorite search engine: "bypassing Windows XP activation"
And I suppose in the next post you'll be complaining how the simplest
things on Linux mean you have to search round for FAQs and
explanations...
Tensile Strength
2004-07-05 22:30:15 UTC
Permalink
Post by DFS
Post by ray
Post by DFS
If XP SP2 arrives and provides a default level of security at or
above Linux', what ever will you Linux nuts rave about?
I predict this group will just about shut down.
I really don't give a damn if XP SP2 is the most secure os on the
planet - I still won't install XP as long as MS maintains their
insane activation policies.
You do know how to use XP and get around them, don't you?
No. I only used it for a month and then switched back to pure Linux. Now I
dual boot Suse 9.1 with w2k ( the w2k is there for work reasons only ).

I thought XP was a buggy piece of crap and it would lock up every 30
minutes.
ray
2004-07-06 00:24:05 UTC
Permalink
Post by DFS
Post by ray
Post by DFS
If XP SP2 arrives and provides a default level of security at or
above Linux', what ever will you Linux nuts rave about?
I predict this group will just about shut down.
I really don't give a damn if XP SP2 is the most secure os on the
planet - I still won't install XP as long as MS maintains their
insane activation policies.
You do know how to use XP and get around them, don't you?
No. And if it can't be done legally I wouldn't be interested anyway.
The Ghost In The Machine
2004-07-07 00:00:18 UTC
Permalink
In comp.os.linux.advocacy, DFS
<***@nospam.com>
wrote
on Mon, 5 Jul 2004 16:27:57 -0400
Post by DFS
Post by ray
Post by DFS
If XP SP2 arrives and provides a default level of security at or
above Linux', what ever will you Linux nuts rave about?
I predict this group will just about shut down.
I really don't give a damn if XP SP2 is the most secure os on the
planet - I still won't install XP as long as MS maintains their
insane activation policies.
You do know how to use XP and get around them, don't you?
Wouldn't that be illegal? After all, those activation policies
are for your protection... :-)
--
#191, ***@earthlink.net
It's still legal to go .sigless.
Jess Wallater III
2004-07-05 15:52:05 UTC
Permalink
Post by DFS
If XP SP2 arrives and provides a default level of security at or above
Linux', what ever will you Linux nuts rave about?
They will probably set the default level too high, making most applications
inoperable. At that point the user will disable it and they're back in the
same boat.
Post by DFS
I predict this group will just about shut down.
Yes, we're shutting down tomorrow, right, everyone ( /wink/ ) !

No need for you to post here any more, DFS. Goodnite, se ya.
DFS
2004-07-05 20:26:48 UTC
Permalink
Post by Jess Wallater III
Post by DFS
If XP SP2 arrives and provides a default level of security at or
above Linux', what ever will you Linux nuts rave about?
They will probably set the default level too high, making most
applications inoperable. At that point the user will disable it and
they're back in the same boat.
Post by DFS
I predict this group will just about shut down.
Yes, we're shutting down tomorrow, right, everyone ( /wink/ ) !
No need for you to post here any more, DFS. Goodnite, se ya.
Goodnight yourself. But I'm not going anywhere, boy. See you in the
morning.
Tensile Strength
2004-07-05 22:31:19 UTC
Permalink
Post by DFS
Goodnight yourself. But I'm not going anywhere, boy. See you in the
morning.
Is that what you tell the teenage runaways that you solicit on the street?
Kelsey Bjarnason
2004-07-08 01:54:58 UTC
Permalink
[snips]
Post by Jess Wallater III
Post by DFS
I predict this group will just about shut down.
Yes, we're shutting down tomorrow, right, everyone ( /wink/ ) !
Imminent death of the net predicted! :)
The Ghost In The Machine
2004-07-09 00:00:22 UTC
Permalink
In comp.os.linux.advocacy, Kelsey Bjarnason
<***@xxnospamyy.lightspeed.bc.ca>
wrote
on Wed, 07 Jul 2004 18:54:58 -0700
Post by Kelsey Bjarnason
[snips]
Post by Jess Wallater III
Post by DFS
I predict this group will just about shut down.
Yes, we're shutting down tomorrow, right, everyone ( /wink/ ) !
Imminent death of the net predicted! :)
Again? That's the third time this week!

:-)
--
#191, ***@earthlink.net
It's still legal to go .sigless.
Kelsey Bjarnason
2004-07-09 13:22:48 UTC
Permalink
Post by The Ghost In The Machine
Post by Kelsey Bjarnason
Imminent death of the net predicted! :)
Again? That's the third time this week!
Third time it's died? What, is MyDoom back again?
The Ghost In The Machine
2004-07-09 23:31:10 UTC
Permalink
In comp.os.linux.advocacy, Kelsey Bjarnason
<***@xxnospamyy.lightspeed.bc.ca>
wrote
on Fri, 09 Jul 2004 06:22:48 -0700
Post by Kelsey Bjarnason
Post by The Ghost In The Machine
Post by Kelsey Bjarnason
Imminent death of the net predicted! :)
Again? That's the third time this week!
Third time it's died? What, is MyDoom back again?
No, it's the third prediction this week. ;-)
--
#191, ***@earthlink.net
It's still legal to go .sigless.
William Poaster
2004-07-05 16:07:57 UTC
Permalink
Post by DFS
If XP SP2 arrives and provides a default level of security at or above
Linux', what ever will you Linux nuts rave about?
The only way that XP is going to be safe, is to remove the cable
connecting the PC to the modem. There should be about 1/4" gap between the
cable & the PC. Try it! You'll be amazed how secure your PC is.
Post by DFS
I predict this group will just about shut down.
Bullshit.
--
"If it weren't for Windows, you wouldn't
be posting anything right now."
DFS - comp.os.linux.advocacy
Date: Tue, 22 Jun 2004 22:55:04 -0400
OT
2004-07-05 22:41:51 UTC
Permalink
Post by William Poaster
Post by DFS
If XP SP2 arrives and provides a default level of security at or above
Linux', what ever will you Linux nuts rave about?
If the cow jumps over the moon, what ever will the trolls rave about?
Post by William Poaster
The only way that XP is going to be safe, is to remove the cable
connecting the PC to the modem. There should be about 1/4" gap between the
cable & the PC. Try it! You'll be amazed how secure your PC is.
It won't work. Since wireless networking has been available to the Borg,
the only sure way to secure Windows' XP is complete physical destruction
of the computer.
Hacking Coff
2004-07-05 23:30:36 UTC
Permalink
[snipple]
It won't work. Since wireless networking has been available to the Borg,
the only sure way to secure Windows' XP is complete physical destruction
of the computer.
You mean the laptop I'm on that came with XP but whose OS was replaced
with Linux is /still/ not secure? Damn! Better go get a hammer.

The mouse came separate. It's still okay, right?
--
AND REDMOND'S STREETS SHALL FLOW GREEN WITH THE GOO OF THE BUTTERFLY!
.sig FILE! .sig FILE!
Hacking Coff
2004-07-05 23:35:03 UTC
Permalink
Post by DFS
If XP SP2 arrives and provides a default level of security at or above
Linux', what ever will you Linux nuts rave about?
"If XP arrives."

"If XP SP2 is as secure."

"If"

You seem to have some doubts, monkey. Can't say I blame you.
--
AND REDMOND'S STREETS SHALL FLOW GREEN WITH THE GOO OF THE BUTTERFLY!
.sig FILE! .sig FILE!
Richard Rasker
2004-07-06 20:05:34 UTC
Permalink
Post by DFS
If XP SP2 arrives and provides a default level of security at or above
Linux', what ever will you Linux nuts rave about?
I predict this group will just about shut down.
I think you're right. XP SP2 will arguably prove to be the most effective
Linux advocacy yet, rendering this group totally obsolete.


Richard Rasker
DFS, the gay, inventing garbage collector
2004-07-05 13:39:56 UTC
Permalink
Post by DFS
If XP SP2 arrives and provides a default level of security at or above
Linux', what ever will you Linux nuts rave about?
I predict this group will just about shut down.
Well you'd be a fucking idiot, wouldn't you, eh. The linuxfux will still
have their delusions.
Rex Ballard
2004-07-10 19:45:40 UTC
Permalink
Post by DFS
If XP SP2 arrives and provides a default level of security at or above
Linux', what ever will you Linux nuts rave about?
I predict this group will just about shut down.
Microsoft has been promising stability since Windows 1.0, it only took
them 15 years. They've been promising true high performance
multitasking since 1986 (DOS 4.0), it almost happened with Windows
2000, then got messed up with XP.

Microsoft has only been focusing on security for about 2 years, and
even then only because it lost the bulk of it's server market to Linux
after NIMDA whacked out nearly every IIS server installed.

Microsoft is far too interested in watching and monitoring their own
customers in the interest of "support" (finding new ways to extend the
monopoly), to ever get really serious about security.

A better virus scanner isn't security. A better firewall that still
lets users pull in ActiveX controls simply by previewing an e-mail
document isn't security.

Microsoft has to make huge changes to the entire operating system to
get even the first levels of security. For example, they need to
separate the read, execute, and write permissions. They need the
equivalent of setuid functions which permits users in restricted mode
to perform controlled scripts and tasks that would normally only be
possible for administrators to perform.

For example, you might want to allow the use of adobe acrobat to view
PDF files, but you don't want to just allow any ActiveX control to be
executed.
You should be able to say which programs you will allow to execute,
and which ones you want to be asked for permission, and which ones you
will refuse permission.

When a banner ad wants to shoot macromedia at me, or flash, I should
be able to say "NO" without being threatened with a disable machine
every time I refuse to allow their spyware to run on my machine.

Microsoft needs to put in better auditing. I should be able to trace
a hack to it's root cause. I shouldn't have a virus on my machine
without at least having the possibility of identifying the perpetrator
through a series of trace-backs.

But Microsoft doesn't want you to know how much information they are
getting out of your machine, so they will leave their back doors, but
tell you everything is "safe" because you installed the mandatory
security patch.

Of course, the reason for releasing it as a mandatory security upgrade
is so that you will HAVE to install it on all workstations and
laptops, and also accept now and more restrictive licensing terms
which are patently illegal, but since you give you consent, you can't
sue Microsoft later.

It seems like that "Compliance Officer" is completely asleep at the
wheel. If Microsoft is above the law, then there is no law, and the
law can't be taken seriously.
DFS
2004-07-10 22:07:27 UTC
Permalink
Post by Rex Ballard
Post by DFS
If XP SP2 arrives and provides a default level of security at or
above Linux', what ever will you Linux nuts rave about?
I predict this group will just about shut down.
Microsoft has been promising stability since Windows 1.0, it only took
them 15 years. They've been promising true high performance
multitasking since 1986 (DOS 4.0), it almost happened with Windows
2000, then got messed up with XP.
Microsoft has only been focusing on security for about 2 years, and
even then only because it lost the bulk of it's server market to Linux
after NIMDA whacked out nearly every IIS server installed.
Microsoft is far too interested in watching and monitoring their own
customers in the interest of "support" (finding new ways to extend the
monopoly), to ever get really serious about security.
A better virus scanner isn't security. A better firewall that still
lets users pull in ActiveX controls simply by previewing an e-mail
document isn't security.
Microsoft has to make huge changes to the entire operating system to
get even the first levels of security. For example, they need to
separate the read, execute, and write permissions. They need the
equivalent of setuid functions which permits users in restricted mode
to perform controlled scripts and tasks that would normally only be
possible for administrators to perform.
For example, you might want to allow the use of adobe acrobat to view
PDF files, but you don't want to just allow any ActiveX control to be
executed.
You should be able to say which programs you will allow to execute,
and which ones you want to be asked for permission, and which ones you
will refuse permission.
When a banner ad wants to shoot macromedia at me, or flash, I should
be able to say "NO" without being threatened with a disable machine
every time I refuse to allow their spyware to run on my machine.
Microsoft needs to put in better auditing. I should be able to trace
a hack to it's root cause. I shouldn't have a virus on my machine
without at least having the possibility of identifying the perpetrator
through a series of trace-backs.
But Microsoft doesn't want you to know how much information they are
getting out of your machine, so they will leave their back doors, but
tell you everything is "safe" because you installed the mandatory
security patch.
Of course, the reason for releasing it as a mandatory security upgrade
is so that you will HAVE to install it on all workstations and
laptops, and also accept now and more restrictive licensing terms
which are patently illegal, but since you give you consent, you can't
sue Microsoft later.
It seems like that "Compliance Officer" is completely asleep at the
wheel. If Microsoft is above the law, then there is no law, and the
law can't be taken seriously.
Well, you sure can't be taken seriously. You are hurting Linux much more
than helping it.

The people that call themselves Linux advocates - you and many of the cola
nuts - are really just rabid, hysterical anti-MS weirdos who spew lies and
distortions about MS.

For instance, you say MS doesn't want me knowing how much info they're
getting out of my machine, and that they leave back doors. So, you must
know how much info. they're getting, and you must know the location of these
"back doors" [which by definition, I don't know about]. Please tell me all
this info. And tell me which licensing terms are illegal.

I'll be waiting.
Lucky Carl
2004-07-10 22:17:03 UTC
Permalink
Post by DFS
Well, you sure can't be taken seriously. You are hurting Linux much more
than helping it.
The people that call themselves Linux advocates - you and many of the cola
nuts - are really just rabid, hysterical anti-MS weirdos who spew lies and
distortions about MS.
For instance, you say MS doesn't want me knowing how much info they're
getting out of my machine, and that they leave back doors. So, you must
know how much info. they're getting, and you must know the location of these
"back doors" [which by definition, I don't know about]. Please tell me all
this info. And tell me which licensing terms are illegal.
I'll be waiting.
Read the above Microsoft.

This is one of the 'astroturfers' that Bill Gate$ pays to infiltrate cola
and disparage Linux.

Shouldn't you be *ashamed* ...
DFS
2004-07-10 22:38:39 UTC
Permalink
Post by Lucky Carl
Post by DFS
Well, you sure can't be taken seriously. You are hurting Linux much
more than helping it.
The people that call themselves Linux advocates - you and many of
the cola nuts - are really just rabid, hysterical anti-MS weirdos
who spew lies and distortions about MS.
For instance, you say MS doesn't want me knowing how much info
they're getting out of my machine, and that they leave back doors.
So, you must know how much info. they're getting, and you must know
the location of these
"back doors" [which by definition, I don't know about]. Please tell me all
this info. And tell me which licensing terms are illegal.
I'll be waiting.
Read the above Microsoft.
This is one of the 'astroturfers' that Bill Gate$ pays to infiltrate
cola and disparage Linux.
Shouldn't you be *ashamed* ...
You can't even read, boy. I didn't disparage Linux in any way.

And I'm not paid by anyone to be here, nor am I infiltrating cola.
William Poaster
2004-07-10 22:41:38 UTC
Permalink
begin On Sat, 10 Jul 2004 18:38:39 -0400, the troll DFS
Post by DFS
And I'm not paid by anyone to be here, nor am I infiltrating cola.
You're paid by M$, BOY!!
--
"If it weren't for Windows, you wouldn't
be posting anything right now."
DFS - comp.os.linux.advocacy
Date: Tue, 22 Jun 2004 22:55:04 -0400
Rex Ballard
2004-07-16 22:16:15 UTC
Permalink
<< Snip numerous citations of Microsoft DOJ Settlement Violations>>
Post by DFS
Post by Rex Ballard
It seems like that "Compliance Officer" is completely asleep at the
wheel. If Microsoft is above the law, then there is no law, and the
law can't be taken seriously.
Well, you sure can't be taken seriously. You are hurting Linux much more
than helping it.
The people that call themselves Linux advocates - you and many of the cola
nuts - are really just rabid, hysterical anti-MS weirdos who spew lies and
distortions about MS.
Microsoft executives were remarkably candid during the DOJ trial,
admitting, under oath to blackmail, fraud, extortion, sabotage,
obstruction of justice, and purjury - mostly under cross-examination
by the DOJ lawyers.

These are a matter of public record.

The DOJ was not allowed to just 'tack on' those additional charges
because of the way disclosure laws work in this country. It's
possible that a Democrat president might have sought to prosecute on
the criminal activities. The Bush administration announced it's
support for Microsoft during the 2000 campaign. Up to that point, I
had been supporting Bush.
Post by DFS
For instance, you say MS doesn't want me knowing how much info they're
getting out of my machine, and that they leave back doors.
This was, at one time, extremely well documented, on a sight which
documented the vulnerabilities and malicious capabilities of ActiveX
controls, back when Internet Explorer 4.0 was first released for
Windows NT 4.0 and Windows 95.

Microsoft was able to get an injunction against this sight, which
forced that web site (ultraviolet.org) to remove the "offensive" page,
under the provisions of the Microsoft EULA.
Post by DFS
So, you must
know how much info. they're getting, and you must know the location of these
"back doors" [which by definition, I don't know about].
I do, I probably even have some old CDs and DVDs of the offensive
sites.
Due to Microsoft EULA restrictions, I cannot publish them.
I would only be allowed to make detailed disclosures under warrant and
subpoena.
Post by DFS
Please tell me all this info.
I may not agree with the Microsoft EULA, but until a Judge rules, in
more
general terms, that Microsoft EULA terms preventing disclosure of such
information is NOT legal, I must abide by the contract.
Post by DFS
And tell me which licensing terms are illegal.
I'll need to do this from a different workstation (to get a copy of
the EULA), but I don't think this would be against the rules.

Imagine, it's a violation of the EULA to disclose the EULA :-D
Post by DFS
I'll be waiting.
Sorry to keep you waiting further.
DFS
2004-07-17 00:55:31 UTC
Permalink
Post by Rex Ballard
<< Snip numerous citations of Microsoft DOJ Settlement Violations>>
Post by DFS
Post by Rex Ballard
It seems like that "Compliance Officer" is completely asleep at the
wheel. If Microsoft is above the law, then there is no law, and the
law can't be taken seriously.
Well, you sure can't be taken seriously. You are hurting Linux much
more than helping it.
The people that call themselves Linux advocates - you and many of
the cola nuts - are really just rabid, hysterical anti-MS weirdos
who spew lies and distortions about MS.
Microsoft executives were remarkably candid during the DOJ trial,
admitting, under oath to blackmail, fraud, extortion, sabotage,
obstruction of justice, and purjury - mostly under cross-examination
by the DOJ lawyers.
LOL!!!!!!!!!! That's your story and you're sticking with it.

Turns out it's ONLY YOU http://www.open4success.org/usanet/index0165.html
who thinks and says MS execs admitted to any of those very serious charges.
Post by Rex Ballard
These are a matter of public record.
Your lies are a matter of public record.
Post by Rex Ballard
The DOJ was not allowed to just 'tack on' those additional charges
because of the way disclosure laws work in this country. It's
possible that a Democrat president might have sought to prosecute on
the criminal activities.
Presidents don't prosecute corporations. (here's where you whine about
Republican conspiracies).
Post by Rex Ballard
The Bush administration announced it's
support for Microsoft during the 2000 campaign. Up to that point, I
had been supporting Bush.
So you used to be relatively sane.
Post by Rex Ballard
Post by DFS
For instance, you say MS doesn't want me knowing how much info
they're getting out of my machine, and that they leave back doors.
This was, at one time, extremely well documented, on a sight which
documented the vulnerabilities and malicious capabilities of ActiveX
controls, back when Internet Explorer 4.0 was first released for
Windows NT 4.0 and Windows 95.
Microsoft was able to get an injunction against this sight, which
forced that web site (ultraviolet.org) to remove the "offensive" page,
under the provisions of the Microsoft EULA.
So your evidence is a 10 year old web page, since removed, that didn't prove
MS retrieved ANYTHING at all?

You need some new material. But here's something else you can use to keep
your MS conspiracies alive and well:
http://www.heise.de/tp/english/inhalt/te/5263/1.html
Post by Rex Ballard
Post by DFS
So, you must
know how much info. they're getting, and you must know the location
of these "back doors" [which by definition, I don't know about].
I do, I probably even have some old CDs and DVDs of the offensive
sites.
Due to Microsoft EULA restrictions, I cannot publish them.
I would only be allowed to make detailed disclosures under warrant and
subpoena.
I'm sure you can find a way around it - upload them to cola as Bex Rallard.
Post by Rex Ballard
Post by DFS
Please tell me all this info.
I may not agree with the Microsoft EULA, but until a Judge rules, in
more
general terms, that Microsoft EULA terms preventing disclosure of such
information is NOT legal, I must abide by the contract.
Well you're just stymied at every turn aren't you? That's quite a lockdown
MS and the DOJ and the Republicans have put on you.
Post by Rex Ballard
Post by DFS
And tell me which licensing terms are illegal.
I'll need to do this from a different workstation (to get a copy of
the EULA), but I don't think this would be against the rules.
I'll save you the time - see below.
Post by Rex Ballard
Imagine, it's a violation of the EULA to disclose the EULA :-D
I did it before on cola, and Whoops! I did it again!


END-USER LICENSE AGREEMENT FOR
MICROSOFT SOFTWARE

MICROSOFT WINDOWS SERVER 2003, STANDARD EDITION
MICROSOFT WINDOWS SERVER 2003, ENTERPRISE EDITION

PLEASE READ THIS END-USER
LICENSE AGREEMENT ("EULA") CAREFULLY. BY
INSTALLING OR USING THE SOFTWARE THAT
ACCOMPANIES THIS EULA ("SOFTWARE"), YOU AGREE
TO THE TERMS OF THIS EULA. IF YOU DO NOT
AGREE, DO NOT USE THE SOFTWARE AND, IF
APPLICABLE, RETURN IT TO THE PLACE OF
PURCHASE FOR A FULL REFUND.

THIS SOFTWARE DOES NOT TRANSMIT ANY
PERSONALLY IDENTIFIABLE INFORMATION FROM YOUR
SERVER TO MICROSOFT COMPUTER SYSTEMS WITHOUT
YOUR CONSENT.

1. GENERAL. This EULA is a legal agreement between you (either
an individual or a single entity) and Microsoft Corporation
("Microsoft"). This EULA governs the Software, which
includes computer software (including online and electronic
documentation) and any associated media and printed
materials. This EULA applies to updates, supplements, add
-on components, and Internet-based services components of
the Software that Microsoft may provide or make available
to you unless Microsoft provides other terms with the
update, supplement, add-on component, or Internet-based
services component. Microsoft reserves the right to
discontinue any Internet-based services provided to you or
made available to you through the use of the Software.
This EULA also governs any product support services
relating to the Software except as may be included in
another agreement between you and Microsoft. An amendment
or addendum to this EULA may accompany the Software. The
Software may contain the following:

* "Server Software" provides services or functionality on
your server (your computers capable of running the Server
Software are "Servers"); and

* "Device Software" allows a single personal computer,
workstation, terminal, handheld computer, pager,
telephone, personal digital assistant, or other
electronic device ("Device") to access or use the Server
Software.

2. GRANT OF LICENSE. Microsoft grants you the following rights,
conditioned on your compliance with all the terms and
conditions of this EULA:

a. Installation, Server Software. You may install only one
copy of Server Software on a single Server, even if
multiple copies of Server Software (for example, 32-bit and
64-bit versions) are included in the Software. Features
supported on 32-bit and 64-bit versions, including some
features mentioned in this EULA, may not be identical or
available in both versions; please refer to product
documentation for a list of specific features included with
each version. Separate component parts of the Server
Software may not be used on more than one Server. An
additional license is required if you install another copy
of the Server Software on the same Server (whether in a
separate partition, by using server emulation software, or
otherwise) or to install or run a copy of the Server
Software on a different Server (for example, a Server
employed for backup or fail-over support).

b. Processor Rights. You may use Microsoft Windows Server
2003, Standard Edition, with up to four CPUs of the Server
at any one time, or Microsoft Windows Server 2003,
Enterprise Edition, with up to eight CPUs of the Server at
any one time.

c. Installation, Device Software. You may install and use
the Device Software on any Device solely to access or use
the Server Software.

d. Mandatory Activation. To reduce software piracy,
Microsoft requires 32-bit versions of the Server Software
to be activated. Microsoft will not collect any personally
identifiable information from your Server or any Device
during the activation process without your consent.
Activation of your copy of the Software in the manner
described during its setup sequence is required; otherwise,
the license rights granted under this EULA are limited to
the first thirty (30) days after you first install the
Software. You may activate the Software through the use
of the Internet or telephone; toll charges may apply. You
may also need to reactivate the Software if you modify your
computer hardware or alter the Software. If you choose
Internet activation, the Software will contact Microsoft
computer systems over the Internet to conduct an
authentication process to confirm that you have a licensed
copy of the Software. You agree to allow the Software to
conduct this authentication process. If you have an
unlicensed copy of the Software, you are not allowed to
install the Software or future Software updates.
Additional information about activation is available online
at the Microsoft support site.

3. CLIENT ACCESS LICENSES ("CALs"). The
Software licensing model consists of an operating system
license and incremental CALs, so that the total cost for
the Software scales with usage. Several CAL types and
licensing modes are available to suit your individual needs.

a. Windows Server 2003 Client Access License ("Windows CAL")
Requirements. In addition to the license for the Server
Software, you must acquire a Windows CAL for each
individual person ("User") or Device that accesses or uses
the Server Software, whether directly or through a
Multiplexing Service (defined below). For example, a
Windows CAL is required for each User or Device that uses
any of the following services of the Server Software:

* authentication services (when user or application
credentials are exchanged between the Server Software
and a User or Device),

* file services (accessing or managing files or disk
storage),

* printing services (printing to a printer managed by the
Server Software), or

* remote access service (accessing the Server from a remote
location through a communications link, including a
virtual private network).

However, you do not need to acquire a Windows CAL for any
User or Device that accesses the Server Software solely
through the Internet and is not authenticated or otherwise
individually distinguished by the Server Software or a
Multiplexing Service (for example, by browsing a public
website anonymously). A "Multiplexing Service" is a software
application or service accessing or using the Server Software
at the request of or on behalf of a User or Device.

Further, you do not need to acquire a Windows CAL for any
User or Device that has a valid Small Business Server
(SBS) 2003 CAL, is accessing Server Software that is not
operating as a domain controller, and is within the same
Small Business Server domain.

b. Types of Windows CALs. Two different types of Windows
CALs are available to you: "Device" and "User." Each
Windows Device CAL permits one Device (used by any User)
to access or use the Server Software. Each Windows User
CAL permits one User (using any Device) to access or use
the Server Software. You may use a mix of Windows Device
CALs and Windows User CALs simultaneously with the Server
Software.

c. Windows CAL Licensing Modes. At your option, you may use
Windows CALs with the Server Software in either "Per Device
or Per User" or "Per Server" mode.

(i) In Per Device or Per User mode, a separate Windows CAL
is required for each Device or User that accesses or
uses Server Software on any of your Servers. If you
choose Per Device or Per User mode, the choice is
permanent. In this mode, you may reassign a Windows
CAL from one Device to another Device, or from one
User to another User, provided the reassignment is
made either (A) permanently away from the one Device
or User or (B) temporarily to accommodate the use of
the Windows CAL by a loaner Device while a permanent
Device is out of service, or the use of the Window CAL
by a temporary worker while a regular employee is absent.

(ii) In Per Server mode, the maximum number of Devices and
Users that may simultaneously access or use Server
Software installed on a particular Server equals the
number of Windows CALs (of either type) that you acquire
and designate for use exclusively with that Server.
You have the one-time right to change your use of the
Server Software from Per Server mode to Per Device or
Per User mode. If you do so, you may apply the same
number of Windows CALs you acquired for use in Per Server
mode in Per Device or Per User mode instead.

d. Terminal Server Client Access License ("TS CAL")
Requirements. In addition to a Windows CAL, if you wish
to conduct a Windows Session, you must acquire a TS CAL for
each User or Device. A "Windows Session" means a session
during which Server Software hosts a graphical user
interface on a Device (whether via the TS component of
the Server Software or via other technology).

e. Types of TS CALs; TS CAL Licensing Modes. Similar to
Windows CALs, two different TS CALs are available to you:
"Device" and "User." Each TS Device CAL permits one Device
(used by any User) to conduct Windows Sessions on any of
your Servers. Each TS User CAL permits one User (using any
Device) to conduct Windows Sessions on any of your Servers.
You may use a mix of TS Device CALs and TS User CALs
simultaneously with the Server Software.

(i) In Per Device or Per User mode, a separate TS CAL is
required for each Device or User that accesses or uses
Server Software on any of your Servers. You may
reassign a TS CAL from one Device to another Device,
or from one User to another User, provided the
reassignment is made either (A) permanently away from
the one Device or User or (B) temporarily to accommodate
the use of the TS CAL by a loaner Device while a
permanent Device is out of service, or the use of the
TS CAL by a temporary worker while a regular employee
is absent.

(ii) Windows Sessions are not allowed in Per Server mode.

f. Premium Windows Server Services. Microsoft may
subsequently create new software functionality ("Premium
Services") that you may wish to use with this version of
the Software. To make these Premium Services available to
you for use with this version of the Software, Microsoft
may provide them under additional license terms and may
charge additional access license fees for you to install
and use them, if you choose.

g. Additional CAL Requirements.

(i) Single Licensee. Windows CALs, TS CALs, and any
future Premium Services CALs that you acquire may not
be used in conjunction with Server Software licensed
to anyone other than you.

(ii) Version Matching. Each required CAL must be version
Windows Server 2003 or a later version.

(iii) Administration. Up to two Users or Devices may
simultaneously access or use the Server Software solely
for administration of the Server Software, without
acquiring any CALs. You do not need a TS CAL when
attaching to or mirroring the single Console Session.
The "Console Session" is the Windows Session that
is conducted through the designated primary
keyboard and display device (or similar peripherals).

4. DESCRIPTION OF OTHER RIGHTS AND
LIMITATIONS

a. Other Licenses. Your use of software applications
installed on the Server, accessed through the Server, or
providing application-sharing functionality may require
additional licenses. Please consult the license agreement
accompanying such software.

b. Component Data Storage. The 32-bit version of the
Software contains components that use the data storage
technology known as Microsoft SQL Server Desktop Engine
("MSDE"). All copies and instances of MSDE contained in or
installed by those Software components may be used only by
those Software components. Any such copy or instance of
MSDE may not be accessed or used for any other purpose.
For example, applications may not be created or run on the
Software if they access or use the services or
functionality of any copy or instance of MSDE contained in
or installed by those Software components. In addition,
any MSDE network library files that are disabled at the time
you first install the Software may not be re-enabled.

c. Automatic Internet-Based Services. The Software features
described below are enabled by default to connect via the
Internet to Microsoft computer systems automatically,
without separate notice to you. You consent to the
operation of these features, unless you choose to switch
them off or not use them. Microsoft does not obtain
personally identifiable information through any of these
features. For more information about these features,
please see your Software documentation or the Microsoft
online support site.

(i) Windows Update Features. Under the Software's default
configuration, if you connect a device to your Server
and the correct device driver is not available on your
Server, then Windows Update features on your Server
(including Device Manager and the Plug & Play CDM
Module) automatically attempt to check Microsoft
computer systems via the Internet for the correct device
driver. Having this happen automatically makes Plug-and-
Play installation of new hardware a better experience
for customers. You may switch off Windows Update's
automatic driver checking feature.

(ii) Web Content Features. Under the Software's default
configuration, if you are connected to the Internet,
several features of the Software are enabled by default
to retrieve content from Microsoft computer systems
and display it to you. When you activate such a
feature, it uses standard Internet protocols, which
transmit the type of operating system, browser and
language code of your Server to the Microsoft computer
system so that the content can be viewed properly from
your Server. These features only operate when you
activate them, and you may choose to switch them off
or not use them. Examples of these features include
Windows Catalog, Search Assistant, and the Headlines and
Search features of Help and Support Center.

(iii) Digital Certificates. Use of certificates based on
the X.509 standard is an important security feature
of the Software. Certain functions of the X.509
implementation (for example, certificate revocation
checking and certificate path building) connect via
the Internet to computer systems belonging to Microsoft
and other digital certificate authorities to check
the validity of digital certificates that you receive
from third parties during certain Internet-based
operations (for example, communications secured with
SSL or IPsec, mail secured with S/MIME, and smartcard
authentication). In accordance with the X.509 standard,
the Software automatically retrieves user certificates
and certificate revocation lists when you attempt to
access certificate protected content. Additionally,
the Software's Auto Root Update feature will occasionally
update the list of trusted certificate authorities.
Auto Root Update is an optional feature; you can uninstall
it if you do not desire it to function. The other
security operations based on the X.509 standard can be
prevented from operating by blocking Server Internet
access.

(iv) Windows Media Digital Rights Management. Content
providers are using the digital rights management
technology for Windows Media contained in this Software
("WM-DRM") to protect the integrity of their content
("Secure Content") so that their intellectual property,
including copyright, in such content is not
misappropriated. Portions of this Software and third
party applications such as media players use WM-DRM to
play Secure Content ("WM-DRM Software"). If the WM-DRM
Software's security has been compromised, owners of
Secure Content ("Secure Content Owners") may request that
Microsoft revoke the WM-DRM Software's right to copy,
display and/or play Secure Content. Revocation does not
alter the WM-DRM Software's ability to play unprotected
content. A list of revoked WM-DRM Software is sent to
your computer whenever you download a license for Secure
Content from the Internet. Microsoft may, in
conjunction with such license, also download revocation
lists onto your computer on behalf of Secure Content
Owners. Secure Content Owners may also require you
to upgrade some of the WM-DRM components in this
Software ("WM-DRM Upgrades") before accessing their
content. When you attempt to play such content, WM-DRM
Software built by Microsoft will notify you that a
WM-DRM Upgrade is required and then ask for your consent
before the WM-DRM Upgrade is downloaded. WM-DRM
Software built by third parties may do the same. If you
decline the upgrade, you will not be able to access
content that requires the WM-DRM Upgrade; however, you
will still be able to access unprotected content and
Secure Content that does not require the upgrade. WM-DRM
features that access the Internet, such as acquiring new
licenses and/or performing a required WM-DRM Upgrade, can
be switched off. When these features are switched off,
you will still be able to play Secure Content if you have
a valid license for such content already stored on your
computer.

(v) Windows Media Player. Some features of Windows Media
Player automatically contact Microsoft computer systems
if you use Windows Media Player or specific features
of it: features that (A) check for new codecs if your
Server does not have the correct ones for content you
attempt to play (this feature may be switched off),
and (B) check for new versions of Windows Media Player
(this feature will operate only when you are using
Windows Media Player).

d. Benchmark Testing. The 32-bit version of the Software
contain the Microsoft .NET Framework. Disclosure of the
results of any benchmark test of the .NET Framework
component of the Software to any third party without
Microsoft's prior written approval is prohibited.

e. Reservation of Rights; Other Restrictions. The Software is
protected by copyright and other intellectual property laws
and treaties. Microsoft or its suppliers own the title,
copyright, and other intellectual property rights in the
Software. The Software is licensed, not sold. Microsoft
reserves all rights not expressly granted to you in this
EULA. Notwithstanding any other provision in this EULA,
neither this EULA nor any CAL grants a license, under any
Microsoft intellectual property, to implement any
functionality contained in the Software (including without
limitation communication protocols used by the Software)
in any software installed on a Device accessing or
utilizing the Server Software. Reverse engineering,
decompiling, or disassembling the Software
is prohibited, except and only to the extent that such
activity is expressly permitted by applicable law
notwithstanding this limitation. Renting, leasing, or
lending the Software (including providing commercial
hosting services) is also prohibited.

5. PRODUCT SUPPORT SERVICES

a. Rights and Obligations. Microsoft may provide you with
product support services related to the Software. Use
of any such support services is governed by the Microsoft
policies and programs described in the user manual, in
online documentation, on Microsoft's support webpage, or
in other Microsoft-provided materials. Any software
Microsoft may provide you as part of support services are
governed by this EULA, unless separate terms are provided.
This EULA does not obligate Microsoft to provide any
support services or to support any software provided as part
of those services.

b. Consent to Use of Data. You agree that Microsoft and its
affiliates may collect and use technical information
gathered as part of the support services provided to you,
if any, related to the Software. Microsoft may use this
information solely to improve our products or to provide
customized services or technologies to you and will not
disclose this information in a form that personally
identifies you.

6. LINKS TO THIRD PARTY INTERNET SITES. You
may link to third party Internet sites through the use of
the Software. Microsoft does not control the third party
sites, and Microsoft is not responsible for the contents
of any third party sites, any links contained in third
party sites, or any changes or updates to third party
sites. Microsoft is not responsible for web-casting or any
other form of transmission received from any third party
sites. Microsoft is providing you these links to third
party sites to you only as a convenience, and the
inclusion of any link does not imply an endorsement by
Microsoft of the third party site.

7. UPGRADES/DOWNGRADES

a. Software upgrades generally. To use Software identified
as an upgrade by Microsoft, it is required that you be
licensed for the software identified by Microsoft as
eligible for the upgrade. After upgrading, the software
that formed the basis for your upgrade eligibility may no
longer be used. The resulting upgraded Software may be used
only in accordance with the terms of this EULA.

b. Software upgrades for a component of Microsoft BackOffice
Server ("BackOffice Server"). To use any Software as an
upgrade to a component of BackOffice Server, then the
requirements of this paragraph apply in addition to those
in the paragraph above. If you upgrade to the Software
from BackOffice Server, the remaining components may only
be used in accordance with the terms of the Microsoft End
User License Agreement that accompanied BackOffice Server.
After an upgrade of BackOffice Server, all Software must
run on the same Server on which BackOffice Server is
installed, unless the upgrade is an Enterprise Edition,
in which case you may use the Software as stand-alone
software in accordance with the terms of this EULA.

c. Software downgrades. Instead of installing and using the
Server Software, you may install and use one copy of an
earlier version of the Server Software on a single Server,
provided that such earlier version is no earlier than
Windows NT version 4.0, and that you completely remove such
earlier version and install the Server Software within a
reasonable time. Your use of such earlier version shall
be governed by this EULA, where applicable, and your
rights to use such earlier version shall terminate when you
install the current version of Server Software.

d. CAL downgrades. You may use Windows Device CALs and
Windows User CALs with an earlier version of the Software
in accordance with the terms of this EULA. You may use TS
Device CALs, but due to technical incompatibilities not TS
User CALs, with earlier versions of the Software in
accordance with the terms of this EULA.

8. NOT FOR RESALE SOFTWARE. Software
identified as "Not for Resale" or "NFR," may not be sold
or otherwise transferred for value or used for any purpose
other than demonstration, test or evaluation.

9. ACADEMIC EDITION SOFTWARE. To use
Software identified as "Academic Edition" or "AE," you must
be a "Qualified Educational User." For qualification
-related questions, please contact the Microsoft Sales
Information Center/One Microsoft Way/Redmond, WA 98052-6399
or the Microsoft subsidiary serving your country.

10. EXPORT RESTRICTIONS. You acknowledge
that the Software is subject to U.S. export jurisdiction.
You agree to comply with all applicable international and
national laws that apply to the Software, including the
U.S. Export Administration Regulations, as well as end-user,
end-use, and destination restrictions issued by U.S. and
other governments. For additional information see
<http://www.microsoft.com/exporting/>.

11. SOFTWARE TRANSFER-Internal transfer. You may move the
Server Software to a different Server as long as you
permanently remove the software from the initial Server.
Transfer to Third Party. The initial user of the Software
may make a one-time permanent transfer of this EULA and
Software to another end user, provided the initial user retains
no copies of the Software. The transfer must include all of
the Software (including all component parts, the media and
printed materials, any upgrades, this EULA, and, if
applicable, the Certificate of Authenticity). The
transfer may not be an indirect transfer, such as a
consignment. Prior to the transfer, the end user receiving
the Software must agree to all the EULA terms.

12. TERMINATION. Without prejudice to any other rights,
Microsoft may terminate this EULA if you are not in
compliance with all the terms and conditions of this EULA.
In such event, you must destroy all copies of the Software
and all of its component parts.

13. NOTICE REGARDING MPEG-4 VISUAL DECODERS
FOR WINDOWS MEDIA PLAYER. 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.
MPEG LA, L.L.C., has contractually
obligated Microsoft to provide this
notice.

The following Limited Warranty applies if you acquired this
Product in the US or Canada:

14. LIMITED WARRANTY FOR SOFTWARE ACQUIRED IN
THE US AND CANADA.

Microsoft warrants that the Software will perform
substantially in accordance with the accompanying materials
for a period of ninety (90) days from the date of receipt.

If an implied warranty or condition is created by
your state/jurisdiction and federal or state/provincial law
prohibits disclaimer of it, you also have an implied
warranty or condition, BUT ONLY AS
TO DEFECTS DISCOVERED DURING THE PERIOD
OF THIS LIMITED WARRANTY (NINETY DAYS).
AS TO ANY DEFECTS DISCOVERED AFTER
THE NINETY-DAY PERIOD, THERE IS NO
WARRANTY OR CONDITION OF ANY KIND.
Some states/jurisdictions do not allow limitations on how
long an implied warranty or condition lasts, so the above
limitation may not apply to you.

Any supplements or updates to the Software, including without
limitation, any (if any) service packs or hot fixes
provided to you after the expiration of the ninety-day
Limited Warranty period are not covered by any warranty or
condition, express, implied or statutory.

LIMITATION ON REMEDIES; NO CONSEQUENTIAL
OR OTHER DAMAGES. Your exclusive remedy for any breach of
this Limited Warranty is as set forth below. Except for
any refund elected by Microsoft, YOU ARE NOT ENTITLED TO
ANY DAMAGES, INCLUDING BUT NOT LIMITED
TO CONSEQUENTIAL DAMAGES, if the
Software does not meet Microsoft's Limited Warranty, and,
to the maximum extent allowed by applicable law, even if
any remedy fails of its essential purpose. The terms of
Section 16 ("Exclusion of Incidental, Consequential and
Certain Other Damages") are also incorporated into this
Limited Warranty. Some states/jurisdictions do not allow
the exclusion or limitation of incidental or consequential
damages, so the above limitation or exclusion may not
apply to you. This Limited Warranty gives you specific
legal rights. You may have other rights which vary from
state/jurisdiction to state/jurisdiction.

YOUR EXCLUSIVE REMEDY. Microsoft's and
its suppliers' entire liability and your exclusive remedy
for any breach of this Limited Warranty or for any other
breach of this EULA or for any other liability relating to
the Software shall be, at Microsoft's option from time to
time exercised subject to applicable law, (a) return of the
amount paid (if any) for the Software, or (b) repair or
replacement of the Software, that does not meet this
Limited Warranty and that is returned to Microsoft with a
copy of your receipt. You will receive the remedy elected
by Microsoft without charge, except that you are
responsible for any expenses you may incur (e.g., cost of
shipping the Software to Microsoft). This Limited Warranty
is void if failure of the Software has resulted from
accident, abuse, misapplication, abnormal use or a virus.
Any replacement Software will be warranted for the
remainder of the original warranty period or thirty (30)
days, whichever is longer, and Microsoft will use
commercially reasonable efforts to provide your remedy
within a commercially reasonable time of your compliance
with Microsoft's warranty remedy procedures. Outside
the United States or Canada, neither these remedies nor any
product support services offered by Microsoft are available
without proof of purchase from an authorized international
source. To exercise your remedy, contact:
Microsoft, Attn. Microsoft Sales Information Center/
One Microsoft Way/Redmond, WA 98052-6399, or
the Microsoft subsidiary serving your country.

15. DISCLAIMER OF WARRANTIES. The Limited
Warranty that appears above is the only express warranty
made to you and is provided in lieu of any other express
warranties or similar obligations (if any) created by any
advertising, documentation, packaging, or other
communications. Except for the Limited Warranty and to the
maximum extent permitted by applicable law, Microsoft and
its suppliers provide the Software and support services (if
any) AS IS AND WITH ALL FAULTS, and
hereby disclaim all other warranties and conditions,
whether express, implied or statutory, including, but not
limited to, any (if any) implied warranties, duties or
conditions of merchantability, of fitness for a particular
purpose, of reliability or availability, of accuracy or
completeness of responses, of results, of workmanlike
effort, of lack of viruses, and of lack of negligence, all
with regard to the Software, and 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.
ALSO, THERE IS NO WARRANTY OR CONDITION
OF TITLE, QUIET ENJOYMENT, QUIET
POSSESSION, CORRESPONDENCE TO DESCRIPTION
OR NON-INFRINGEMENT WITH REGARD TO THE
SOFTWARE.

16. 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, PUNITIVE, 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 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 SOFTWARE, THE PROVISION OF OR
FAILURE TO PROVIDE SUPPORT OR OTHER
SERVICES, INFORMATION, SOFTWARE, AND
RELATED CONTENT THROUGH THE SOFTWARE,
OR OTHERWISE UNDER OR IN CONNECTION WITH
ANY PROVISION OF THIS EULA, EVEN IN THE
EVENT OF THE FAULT, TORT (INCLUDING
NEGLIGENCE), MISREPRESENTATION,
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.

17. LIMITATION OF LIABILITY AND REMEDIES.
NOTWITHSTANDING ANY DAMAGES THAT YOU
MIGHT INCUR FOR ANY REASON WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, ALL
DAMAGES REFERENCED HEREIN AND ALL
DIRECT OR GENERAL DAMAGES IN CONTRACT
OR ANYTHING ELSE), THE ENTIRE LIABILITY
OF MICROSOFT AND ANY OF ITS SUPPLIERS
UNDER ANY PROVISION OF THIS EULA AND
YOUR EXCLUSIVE REMEDY HEREUNDER (EXCEPT
FOR ANY REMEDY OF REPAIR OR REPLACEMENT
ELECTED BY MICROSOFT WITH RESPECT TO
ANY BREACH OF THE LIMITED WARRANTY)
SHALL BE LIMITED TO THE GREATER OF THE
ACTUAL DAMAGES YOU INCUR IN REASONABLE
RELIANCE ON THE SOFTWARE UP TO THE
AMOUNT ACTUALLY PAID BY YOU FOR THE
SOFTWARE OR US$5.00. THE FOREGOING
LIMITATIONS, EXCLUSIONS AND DISCLAIMERS
(INCLUDING SECTIONS 15, 16, AND 17) SHALL
APPLY TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, EVEN IF ANY REMEDY FAILS
ITS ESSENTIAL PURPOSE.

18. U.S. GOVERNMENT LICENSE RIGHTS. All
Software provided to the U.S. Government pursuant to
solicitations issued on or after December 1, 1995, is
provided with the commercial license rights and
restrictions described elsewhere herein. All Software
provided to the U.S. Government pursuant to solicitations
issued prior to December 1, 1995, is provided with
"Restricted Rights" as provided for in FAR, 48 CFR
52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013
(OCT 1988), as applicable.

19. APPLICABLE LAW. If you acquired this Software in the United
States, this EULA is governed by the laws of the State of
Washington. If you acquired this Software in Canada,
unless expressly prohibited by local law, this EULA is
governed by the laws in force in the Province of Ontario,
Canada; and, in respect of any dispute which may arise
hereunder, you consent to the jurisdiction of the federal
and provincial courts sitting in Toronto, Ontario. If you
acquired this Software in the European Union, Iceland,
Norway, or Switzerland, then local law applies. If you
acquired this Software in any other country, then local law
may apply.

20. ENTIRE AGREEMENT; SEVERABILITY. This
EULA (including any addendum or amendment to this EULA
which is included with the Software) are the entire
agreement between you and Microsoft relating to the
Software and the Support Services (if any) and they
supersede all prior or contemporaneous oral or written
communications, proposals and representations with respect
to the Software or any other subject matter covered by this
EULA. To the extent the terms of any Microsoft policies
or programs for support services conflict with the terms
of this EULA, the terms of this EULA shall control unless
the parties otherwise agree in writing. If any provision
of this EULA is held to be void, invalid, unenforceable or
illegal, the other provisions shall continue in full
force and effect.

Si vous avez acquis votre produit Microsoft au CANADA, la
garantie limitée suivante s'applique :

GARANTIE LIMITÉE

Microsoft garantit que le Logiciel fonctionnera conformément aux
documents inclus pendant une période de 90 jours suivant la date
de réception.

Si une garantie ou condition implicite est créée par votre État
ou votre territoire et qu'une loi fédérale ou provinciale ou d'un
État en interdit le déni, vous jouissez également d'une garantie
ou condition implicite, MAIS UNIQUEMENT POUR
LES DÉFAUTS DÉCOUVERTS DURANT LA PÉRIODE DE
LA PRÉSENTE GARANTIE LIMITÉE (QUATRE-VINGT
-DIX JOURS). IL N'Y A AUCUNE GARANTIE OU
CONDITION DE QUELQUE NATURE QUE CE SOIT QUANT
AUX DÉFAUTS DÉCOUVERTS APRÈS CETTE PÉRIODE DE
QUATRE-VINGT-DIX JOURS. Certains États ou
territoires ne permettent pas de limiter la durée d'une garantie
ou condition implicite de sorte que la limitation ci­dessus peut
ne pas s'appliquer à vous.

Tous les suppléments ou toutes les mises à jour relatifs au
Logiciel, notamment, les ensembles de services ou les réparations
à chaud (le cas échéant) qui vous sont fournis après l'expiration
de la période de quatre-vingt-dix jours de la garantie limitée ne
sont pas couverts par quelque garantie ou condition que ce soit,
expresse, implicite ou en vertu de la loi.

LIMITATION DES RECOURS; ABSENCE DE DOMMAGES
INDIRECTS OU AUTRES. Votre recours exclusif pour toute violation
de la présente garantie limitée est décrit ci­après. Sauf pour
tout remboursement au choix de Microsoft, si le Logiciel ne
respecte pas la garantie limitée de Microsoft et, dans la mesure
maximale permise par les lois applicables, même si tout recours
n'atteint pas son but essentiel, VOUS N'AVEZ DROIT À AUCUNS
DOMMAGES, NOTAMMENT DES DOMMAGES INDIRECTS.
Les termes de la clause "Exclusion des dommages accessoires,
indirects et de certains autres dommages " sont également
intégrées à la présente garantie limitée. Certains États ou
territoires ne permettent pas l'exclusion ou la limitation des
dommages indirects ou accessoires de sorte que la limitation ou
l'exclusion ci­dessus peut ne pas s'appliquer à vous. La présente
garantie limitée vous donne des droits légaux spécifiques. Vous
pouvez avoir d'autres droits qui peuvent varier d'un territoire
ou d'un État à un autre.

VOTRE RECOURS EXCLUSIF. La seule
responsabilité obligation de Microsoft et de ses fournisseurs et
votre recours exclusif pour toute violation de la présente
garantie limitée ou pour toute autre violation du présent contrat
ou pour toute autre responsabilité relative au Logiciel seront,
selon le choix de Microsoft exercé de temps à autre sous réserve
de toute loi applicable, a) le remboursement du prix payé, le cas
échéant, pour le Logiciel ou b) la réparation ou le remplacement
du Logiciel qui ne respecte pas la présente garantie limitée et
qui est retourné à Microsoft avec une copie de votre reçu. Vous
recevrez la compensation choisie par Microsoft, sans frais, sauf
que vous êtes responsable des dépenses que vous pourriez engager
(p. ex., les frais d'envoi du Logiciel à Microsoft). La présente
garantie limitée est nulle si la défectuosité du Logiciel est
causée par un accident, un usage abusif, une mauvaise
application, un usage anormal ou un virus. Tout Logiciel de
remplacement sera garanti pour le reste de la période initiale de
la garantie ou pendant trente (30) jours, selon la plus longue
entre ces deux périodes. À l'extérieur des États-Unis ou du
Canada, ces recours ou l'un quelconque des services de soutien
technique offerts par Microsoft ne sont pas disponibles sans
preuve d'achat d'une source internationale autorisée. Pour
exercer votre recours, vous devez communiquer avec Microsoft et
vous adresser au Microsoft Sales Information Center/One Microsoft
Way/Redmond, WA 98052-6399, ou à la filiale de Microsoft de votre
pays.

DÉNI DE GARANTIES. La garantie limitée qui apparaît ci-dessus
constitue la seule garantie expresse qui vous est donnée et
remplace toutes autres garanties expresses (s'il en est) crées
par une publicité, un document, un emballage ou une autre
communication. Sauf en ce qui a trait à la garantie limitée et
dans la mesure maximale permise par les lois applicables, le
Logiciel et les services de soutien technique (le cas échéant)
sont fournis TELS QUELS ET AVEC TOUS LES
DÉFAUTS par Microsoft et ses fournisseurs, lesquels par les
présentes dénient toutes autres garanties et conditions
expresses, implicites ou en vertu de la loi, notamment, mais sans
limitation, (le cas échéant) les garanties, devoirs ou conditions
implicites de qualité marchande, d'adaptation à une fin
particulière, de fiabilité ou de disponibilité, d'exactitude ou
d'exhaustivité des réponses, des résultats, des efforts déployés
selon les règles de l'art, d'absence de virus et d'absence de
négligence, le tout à l'égard du Logiciel et de la prestation ou
de l'omission de la prestation des services de soutien technique
ou à l'égard de la fourniture ou de l'omission de la fourniture
de tous autres services, renseignements, logiciels, et contenu
qui s'y rapporte grâce au Logiciel ou provenant autrement de
l'utilisation du Logiciel. PAR AILLEURS, IL N'Y A AUCUNE
GARANTIE OU CONDITION QUANT AU TITRE DE
PROPRIÉTÉ, À LA JOUISSANCE OU LA POSSESSION
PAISIBLE, À LA CONCORDANCE À UNE DESCRIPTION
NI QUANT À UNE ABSENCE DE CONTREFAÇON
CONCERNANT LE LOGICIEL.

EXCLUSION DES DOMMAGES ACCESSOIRES, INDIRECTS
ET DE CERTAINS AUTRES DOMMAGES. DANS LA
MESURE MAXIMALE PERMISE PAR LES LOIS
APPLICABLES, EN AUCUN CAS MICROSOFT OU SES
FOURNISSEURS NE SERONT RESPONSABLES DES
DOMMAGES SPÉCIAUX, CONSÉCUTIFS, ACCESSOIRES
OU INDIRECTS DE QUELQUE NATURE QUE CE SOIT
(NOTAMMENT, LES DOMMAGES À L'ÉGARD DU MANQUE
À GAGNER OU DE LA DIVULGATION DE
RENSEIGNEMENTS CONFIDENTIELS OU AUTRES, DE LA
PERTE D'EXPLOITATION, DE BLESSURES
CORPORELLES, DE LA VIOLATION DE LA VIE
PRIVÉE, DE L'OMISSION DE REMPLIR TOUT DEVOIR,
Y COMPRIS D'AGIR DE BONNE FOI OU D'EXERCER UN
SOIN RAISONNABLE, DE LA NÉGLIGENCE ET DE
TOUTE AUTRE PERTE PÉCUNIAIRE OU AUTRE PERTE
DE QUELQUE NATURE QUE CE SOIT) SE RAPPORTANT
DE QUELQUE MANIÈRE QUE CE SOIT À
L'UTILISATION DU LOGICIEL OU À L'INCAPACITÉ
DE S'EN SERVIR, À LA PRESTATION OU À
L'OMISSION DE LA PRESTATION DE SERVICES DE
SOUTIEN TECHNIQUE OU À LA FOURNITURE OU À
L'OMISSION DE LA FOURNITURE DE TOUS AUTRES
SERVICES, RENSEIGNEMENTS, LOGICIELS, ET
CONTENU QUI S'Y RAPPORTE GRÂCE AU LOGICIEL
OU PROVENANT AUTREMENT DE L'UTILISATION DU
LOGICIEL OU AUTREMENT AUX TERMES DE TOUTE
DISPOSITION DE LA PRÉSENTE CONVENTION OU
RELATIVEMENT À UNE TELLE DISPOSITION, MÊME EN
CAS DE FAUTE, DE DÉLIT CIVIL (Y COMPRIS LA
NÉGLIGENCE), DE RESPONSABILITÉ STRICTE, DE
VIOLATION DE CONTRAT OU DE VIOLATION DE
GARANTIE DE MICROSOFT OU DE TOUT FOURNISSEUR
ET MÊME SI MICROSOFT OU TOUT FOURNISSEUR A
ÉTÉ AVISÉ DE LA POSSIBILITÉ DE TELS DOMMAGES.

LIMITATION DE RESPONSABILITÉ ET RECOURS.
MALGRÉ LES DOMMAGES QUE VOUS PUISSIEZ SUBIR
POUR QUELQUE MOTIF QUE CE SOIT (NOTAMMENT,
MAIS SANS LIMITATION, TOUS LES DOMMAGES
SUSMENTIONNÉS ET TOUS LES DOMMAGES DIRECTS OU
GÉNÉRAUX OU AUTRES), LA SEULE RESPONSABILITÉ
DE MICROSOFT ET DE L'UN OU L'AUTRE DE SES
FOURNISSEURS AUX TERMES DE TOUTE DISPOSITION
DE LA PRÉSENTE CONVENTION ET VOTRE RECOURS
EXCLUSIF À L'ÉGARD DE TOUT CE QUI PRÉCÈDE
(SAUF EN CE QUI CONCERNE TOUT RECOURS DE
RÉPARATION OU DE REMPLACEMENT CHOISI PAR
MICROSOFT À L'ÉGARD DE TOUT MANQUEMENT À LA
GARANTIE LIMITÉE) SE LIMITE AU PLUS ÉLEVÉ
ENTRE LES MONTANTS SUIVANTS : LE MONTANT QUE
VOUS AVEZ RÉELLEMENT PAYÉ POUR LE LOGICIEL OU
5,00 $US. LES LIMITES, EXCLUSIONS ET DÉNIS
QUI PRÉCÈDENT (Y COMPRIS LES CLAUSES CI
-DESSUS), S'APPLIQUENT DANS LA MESURE
MAXIMALE PERMISE PAR LES LOIS APPLICABLES,
MÊME SI TOUT RECOURS N'ATTEINT PAS SON
BUT ESSENTIEL.

À moins que cela ne soit prohibé par le droit local applicable,
la présente Convention est régie par les lois de la province
d'Ontario, Canada. Vous consentez à la compétence des tribunaux
fédéraux et provinciaux siégeant à Toronto, dans la
province d'Ontario.

Au cas où vous auriez des questions concernant cette licence ou
que vous désiriez vous mettre en rapport avec Microsoft pour
quelque raison que ce soit, veuillez utiliser l'information
contenue dans le Logiciel pour contacter la filiale de Microsoft
desservant votre pays, ou visitez Microsoft sur le World Wide Web
à http://www.microsoft.com.

The following MICROSOFT GUARANTEE applies to you if you
acquired this Software in any other country:

Statutory rights not affected - The following guarantee is not
restricted to any territory and does not affect any statutory
rights that you may have from your reseller or from Microsoft if
you acquired the Software directly from Microsoft. If you
acquired the Software or any support services in Australia, New
Zealand or Malaysia, please see the "Consumer rights"
section below.

The guarantee - The Software is designed and offered as
a general-purpose software, not for any user's particular
purpose. You accept that no Software is error free and you are
strongly advised to back-up your files regularly. Provided that
you have a valid license, Microsoft guarantees that (a) for a
period of 90 days from the date of receipt of your license to use
the Software or the shortest period permitted by applicable law
it will perform substantially in accordance with the written
materials that accompany the Software; and (b) any support
services provided by Microsoft shall be substantially as
described in applicable written materials provided to you by
Microsoft and Microsoft support engineers will use reasonable
efforts, care and skill to solve any problem issues. In the
event that the Software fails to comply with this guarantee,
Microsoft will either (a) repair or replace the Software or (b)
return the price you paid. This guarantee is void if failure of
the Software results from accident, abuse or misapplication. Any
replacement Software will be guaranteed for the remainder of the
original guarantee period or 30 days, whichever period is longer.
You agree that the above guarantee is your sole guarantee in
relation to the Software and any support services.

Exclusion of All Other Terms - To the maximum extent permitted by
applicable law and subject to the guarantee above, Microsoft
disclaims all warranties, conditions and other terms, either
express or implied (whether by statute, common law, collaterally
or otherwise) including but not limited to implied warranties of
satisfactory quality and fitness for particular purpose with
respect to the Software and the written materials that accompany
the Software. Any implied warranties that cannot be excluded are
limited to 90 days or to the shortest period permitted by
applicable law, whichever is greater.

Limitation of Liability - To the maximum extent permitted by
applicable law and except as provided in the Microsoft Guarantee,
Microsoft and its suppliers shall not be liable for any damages
whatsoever (including without limitation, damages for loss of
business profits, business interruption, loss of business
information or other pecuniary loss) arising out of the use or
inability to use the Software, even if Microsoft has been advised
of the possibility of such damages. In any case Microsoft's
entire liability under any provision of this Agreement shall be
limited to the amount actually paid by you for the Software.
These limitations do not apply to any liabilities that cannot be
excluded or limited by applicable laws.

Consumer rights - Consumers in Australia, New Zealand or Malaysia
may have the benefit of certain rights and remedies by reason of
the Trade Practices Act and similar state and territory laws in
Australia, the Consumer Guarantees Act in New Zealand and the
Consumer Protection Act in Malaysia in respect of which liability
cannot lawfully be modified or excluded. If you acquired the
Software in New Zealand for the purposes of a business, you
confirm that the Consumer Guarantees Act does not apply. If you
acquired the Software in Australia and if Microsoft breaches a
condition or warranty implied under any law which cannot lawfully
be modified or excluded by this agreement then, to the extent
permitted by law, Microsoft's liability is limited, at
Microsoft's option, to: (i) in the case of the Software: (a)
repairing or replacing the Software; or (b) the cost of such
repair or replacement; and (ii) in the case of support services:
(a) re-supply of the services; or (b) the cost of having the
services supplied again.

Should you have any questions concerning this EULA, or if you
desire to contact Microsoft for any reason, please use the
address information enclosed in this Software to contact the
Microsoft subsidiary serving your country or visit Microsoft on
the World Wide Web at http://www.microsoft.com.

EULAID:WNET_RM.5_SRV-ENT_RTL_EN
Post by Rex Ballard
Post by DFS
I'll be waiting.
Sorry to keep you waiting further.
I'm patient, but I do have a genetically-determined end of life that will
probably arive within the next 60 years. I predict that this time period is
insufficient for you to provide proof of anything you've stated above.
Rex Ballard
2004-07-17 19:09:33 UTC
Permalink
Post by DFS
Post by Rex Ballard
<< Snip numerous citations of Microsoft DOJ Settlement Violations>>
Post by DFS
Post by Rex Ballard
It seems like that "Compliance Officer" is completely asleep at the
wheel. If Microsoft is above the law, then there is no law, and the
law can't be taken seriously.
Well, you sure can't be taken seriously. You are hurting Linux much
more than helping it.
The people that call themselves Linux advocates - you and many of
the cola nuts - are really just rabid, hysterical anti-MS weirdos
who spew lies and distortions about MS.
Microsoft executives were remarkably candid during the DOJ trial,
admitting, under oath to blackmail, fraud, extortion, sabotage,
obstruction of justice, and purjury - mostly under cross-examination
by the DOJ lawyers.
LOL!!!!!!!!!! That's your story and you're sticking with it.
Turns out it's ONLY YOU http://www.open4success.org/usanet/index0165.html
who thinks and says MS execs admitted to any of those very serious charges.
I'd like to remind you that although this is my opinion, the Judge
presiding over the trial was of the same opinion by the end of the
trial. When he began the hearing he didn't have any strong opinions
one way or the other, but by the end of the trial he was also calling
the top Microsoft executives who testified at the trial "criminals".
He was speaking in a legal sense.

Fraud: FTC had already determined that the vaporware announcement of
Windows NT in 1992 was fraud. Furthermore, the illegal bundling of
office and Windows in a punitive manner was also part of that
settlement.

Fraud: Microsoft settled with IBM over theft of intellectual property
rights, embezzlement of funds and resources intended to fund the
development of OS/2 which were diverted to Windows 3.x development -
at the order of Bill Gates.

Fraud: Microsoft sold the rights to OS/2 including a promised 32 bit
version, to IBM as part of it's court settlement. The code delivered
was not even minimally functional, in most cases it crashed every few
minutes, often taking hours to recover. Eventually, after many
staff-years of additional effort, IBM released it as OS/2 2.0 - and
even then reluctantly.

Blackmail: When IBM did not immediately agree to stop selling OS2 and
sell Windows 95 exclusively, Microsoft demanded a complete license
audit, and made questionable assumptions, claiming that machines which
were never sold with Windows were actually subject to license
assesment, therefore assesed as pirated licenses. Even though this
violated the 'per CPU pricing' targeted by the Bundling settlement,
Microsoft was enforcing this policy in practice.

When IBM still didn't cave in, Microsoft publicly announced that IBM
had stolen $30 million worth of software from Microsoft. No lawsuit
was filed, but the intent was to humiliate IBM into submission.

Microsoft eventually did decide on an agreement, in which IBM paid
only a fraction of the disputed royalties, but only minutes before the
unveiling, and only then because the IBM logo was prominantly
displayed and the FTC would have filed charges almost instantly if the
curtain had been raised showing IBM as a partner when in fact it
wasn't.

Bill Gates admitted under oath that he personally approved all of
these actions, but claimed that this was done as "corporate self
defense". It was a criminal act, but it was a justified criminal act.

Sabotage: Microsoft admitted in court that they deliberately
installed code into Windows NT service pack 2 which would not only
crash the CYRIX chip, but would even cause permanent damage to the
chip. They claimed that IBM had no right to file charges against
them, because the research done to identify the bug was a violation of
the Microsoft EULA. The presiding Judge did not see this as a
violation of the EULA, and Bill Gates, who personally approved these
measures, was facing criminal charges. He quickly settled, and
released Service Pack 3 which fixed numerous sabotage efforts, within
a matter of days.
Post by DFS
Post by Rex Ballard
These are a matter of public record.
Your lies are a matter of public record.
Yes, they are. When I have made erroneous statements, I have
generally
been willing to admit the errors. In fact, I have been grateful for
the
corrections.

I've given you examples - specific cases, above. These are relatively
recent, and should still be available via web and print publications.

Keep in mind that on-line publications can be censored even after
publication.
Microsoft has frequently been able to force a publisher to remove
content it finds offensive simply by threatening to pull advertizing
it controls from not only the primary publication, but all other
publications distributed by that publisher.

My sites take no advertizing, and do not depend on outside
contributions.

I'm certainly willing to take feedback as appropriate.
Post by DFS
Post by Rex Ballard
The DOJ was not allowed to just 'tack on' those additional charges
because of the way disclosure laws work in this country. It's
possible that a Democrat president might have sought to prosecute on
the criminal activities.
Presidents don't prosecute corporations. (here's where you whine about
Republican conspiracies).
No, the Attorney General of the United States is responsible for this.
Janet Reno was quite effective in delegating this task. Ironically,
she
was trying to rope in a number of independent cases filed buy 25
different states. She might have even been hoping to limit their
ability to contribute.
20 of those states' Attorney's general were Republicans.

The administration change resulted in a change in how the case was
handled.
Post by DFS
Post by Rex Ballard
The Bush administration announced it's
support for Microsoft during the 2000 campaign. Up to that point, I
had been supporting Bush.
So you used to be relatively sane.
I'm still a Republican, and contribute to the Republican party.
I think Bush nominated some extraordinary talent - Colin Powell,
Condoliza Rice, and Christine Whitman, for example.

Harvey Pitt and John Ashcroft on the other hand were mistakes.

Harvey Pitt didn't seem to care that each rumored investigation was
costing investors $billions. In many cases an accounting error that
might have affected profits by less than 1% were published and
grand-standed causing the stock to lose as much as 99% of it's value.

John Ashcroft seems to think that the Bill of Rights is not part of
the constitution. He loves the law, especially the part where he can
prosecute
people he doesn't like for making misleading statements about crimes
they didn't commit, or at least not volunteering to incriminate
themselves.
Post by DFS
Post by Rex Ballard
Post by DFS
For instance, you say MS doesn't want me knowing how much info
they're getting out of my machine, and that they leave back doors.
This was, at one time, extremely well documented, on a sight which
documented the vulnerabilities and malicious capabilities of ActiveX
controls, back when Internet Explorer 4.0 was first released for
Windows NT 4.0 and Windows 95.
Microsoft was able to get an injunction against this sight, which
forced that web site (ultraviolet.org) to remove the "offensive" page,
under the provisions of the Microsoft EULA.
So your evidence is a 10 year old web page, since removed, that didn't prove
MS retrieved ANYTHING at all?
Microsoft itself has admitted, again under oath, that they collected
information, using Windows 95 and subsequent releases, for 'customer
services' perposes. This included details about the types of software
used, the types of configurations used, and potential copyright
violations.

Microsoft has publicly announced it's use of such software to identify
those they consider to be pirates. These are the "back doors" I was
speaking of.

Microsoft does not want these "back doors" closed. But these are the
same avenues used by hackers.

Microsoft also collects information through MSN, MSNBC, CNBC, and
numerous other web sites, which it can easily correlate to create a
great deal of information about every user.
Post by DFS
You need some new material. But here's something else you can use to keep
http://www.heise.de/tp/english/inhalt/te/5263/1.html
This is supposed to be news? There are a number of other loopholes
not mentioned in that article, not the least of which is that the NSA
can simply ask Verisign to give them a certificate issued to someone
they would like to investigate. There is no law that requires that a
certificate authority must only give an issued certificate to the
intended recipient. They can legally give them to Microsoft, the NSA,
or anyone else who can provide the right incentive. Microsoft owns
25% of Verisign.

It's a loophole that the Clinton Administration wanted left open so
that the NSA could monitor the conversations of druggies, pedophiles,
terrorists, and "dead beat dads".

After 9/11 the Bush administration wasn't particularly interested in
closing this door either. It means that Verisign can function as an
informant, voluntarily, without requiring a court order.

Several attempts to make the Postal Service a CA have been blocked,
because that would mean that those "letters" would be subject to right
to privacy protections.
Post by DFS
Post by Rex Ballard
Post by DFS
So, you must
know how much info. they're getting, and you must know the location
of these "back doors" [which by definition, I don't know about].
I do, I probably even have some old CDs and DVDs of the offensive
sites.
Due to Microsoft EULA restrictions, I cannot publish them.
I would only be allowed to make detailed disclosures under warrant and
subpoena.
I'm sure you can find a way around it - upload them to cola as Bex Rallard.
No I don't think I will do that. Like I said, there are legal
implications.
Post by DFS
Post by Rex Ballard
Post by DFS
Please tell me all this info.
I may not agree with the Microsoft EULA, but until a Judge rules, in
more
general terms, that Microsoft EULA terms preventing disclosure of such
information is NOT legal, I must abide by the contract.
Well you're just stymied at every turn aren't you? That's quite a lockdown
MS and the DOJ and the Republicans have put on you.
No. Just Microsoft. The Republicans have done pretty well, thank you.
There are a few skunks in both parties. But personally, I believe in
a strong
two-party system. When the constitution is doing what it was designed
to do (checks and balances between factions or parties to keep one
from forwarding a totalitarian agenda), it works pretty well. I like
the idea of a Republican Congress, because that means we are less
likely to see more tax hikes, and fewer "give-away" plans. At the
same time, a democrat judiciary and president means we'll have
protections guaranteed in the Bill of Rights, and won't be bringing
back the Inquisition, Crusades, Witch Trials, and McCarthyism.
Post by DFS
Post by Rex Ballard
Post by DFS
And tell me which licensing terms are illegal.
I'll need to do this from a different workstation (to get a copy of
the EULA), but I don't think this would be against the rules.
I'll save you the time - see below.
Post by Rex Ballard
Imagine, it's a violation of the EULA to disclose the EULA :-D
I didn't think it was a violation, but with Microsoft, you can never
be too sure.
Post by DFS
I did it before on cola, and Whoops! I did it again!
You posted the Windows 2003 Server license. That isn't the one in
question
(since Windows server is not a monopoly in the market).


The Windows XP professional EULA is at C:\WINDOWS\system32\eula.txt


<quote>
Microsoft Windows XP Professional

END-USER LICENSE AGREEMENT

IMPORTANT-READ CAREFULLY: This End-User
License Agreement ("EULA") is a legal agreement between you
(either an individual or a single entity) and Microsoft
Corporation for the Microsoft software product identified above,
which includes computer software and may include associated
media, printed materials, "online" or electronic documentation,
and Internet-based services ("Product"). An amendment or
addendum to this EULA may accompany the Product. YOU AGREE TO BE
BOUND BY THE TERMS OF THIS EULA BY
INSTALLING, COPYING, OR OTHERWISE USING THE
PRODUCT. IF YOU DO NOT AGREE, DO NOT INSTALL
OR USE THE PRODUCT; YOU MAY RETURN IT TO YOUR
PLACE OF PURCHASE FOR A FULL REFUND.
</quote>

REX: This is not true. The product was actually installed by your
OEM. You may not return just the software. You must also return the
computer as well.
The OEM is not allowed to sell the computer without installing the
software, and once installed, you are bound by this agreement if you
do not return the machine immediately after reading the agreement.


<quote>
1. GRANT OF LICENSE. Microsoft grants you the following rights
provided that you comply with all terms and conditions of
this EULA:

* Installation and use. You may install, use, access,
display and run one copy of the Product on a single
computer, such as a workstation, terminal or other device
("Workstation Computer"). The Product may not be used
by more than two (2) processors at any one time on any
single Workstation Computer. You may permit a maximum
of ten (10) computers or other electronic devices (each
a "Device") to connect to the Workstation Computer to
utilize the services of the Product solely for File and
Print services, Internet Information Services, and remote
access (including connection sharing and telephony
services).
</quote>

Rex: Note that this means you can only EVER connect 10 additional
devices, this includes your PDA, routers, other servers, other
people in a workgroup, even memory sticks. Most people are already
in violation of the license and don't even know it.

Note that this also means that you cannot run programs on Windows,
that provide results to Linux. You are limited to File & Print
services only.

The ten connection maximum includes any
indirect connections made through "multiplexing" or other
software or hardware which pools or aggregates
connections.

Which means that if you are using XP Pro as a web server, you are
screwed.
Not only are you in violation of the license, but you owe Microsoft
for every unique IP address showing in the HTTP log.

Except as otherwise permitted by the
NetMeeting, Remote Assistance, and Remote Desktop
features described below, you may not use the Product
to permit any Device to use, access, display or run other
executable software residing on the Workstation Computer,
nor may you permit any Device to use, access, display,
or run the Product or Product's user interface, unless
the Device has a separate license for the Product.

Note, this means you cannot legally use PC-Anywhere, Carbon Copy, VNC,
or any other non-microsoft product to access the desktop. This is a
direct
violation of the Appeals court ruling which forbids Microsoft from
using it's monopoly to block competitors in markets where it does not
hold a monopoly.

This is also a way to prevent you from making Linux your primary
desktop. Since you are not legally allowed to access using anything
other than Microsoft's products, you cannot use a Linux workstation to
access the Windows desktop. This is a direct violation of provisions
of the DOJ settlement which require that Microsoft NOT interfere with
efforts to market Linux, especially by OEMs.

In fact, the license explicitly says that even if your workstation
only runs Linux, if you attempt to access the desktop using VNC, you
must have a separate license for Windows XP for that Linux
workstation. This is another "gotcha" for the OEM, which prevents him
from suggesting that you could have a bunch of Linux workstations and
have users who need to occaisionally run a Windows applications
connect in via VNC for a few minutes.

This would again be a direct violation of antitrust laws, as well as
the Appeals court ruling. Microsoft is erecting additional illegal
barriers to market entry.

* Mandatory Activation. The license rights granted under this
EULA are limited to the first thirty (30) days after
you first install the Product unless you supply
information required to activate your licensed copy in
the manner described during the setup sequence of the
Product. You can activate the Product through the use
of the Internet or telephone; toll charges may apply.

You are allowed to use the product for 30 days, after that you must
agree to let us look and see what's going on in your machine.

You may also need to reactivate the Product if you modify
your computer hardware or alter the Product. There are
technological measures in this Product that are designed
to prevent unlicensed or illegal use of the Product.
You agree that we may use those measures.

Put simply, we have the right to look at any file, any registry
setting, any portion of memory, at any time. If we don't like what we
see, we have the right to make any modifications we chose to prevent
you from further using this product (and the PC on which in runs).

This means that Microsoft can decide to format your hard drive, or
render it permanently unreadable, simply because you didn't realise
you were violating the license. What would happen if hundreds of
thousands of people were probed by a virus that sensed a license
violation, and when it was found, would disable your computer. If
that virus was published by Microsoft, there isn't a thing you can do
about it legally.

Is that even legal? I believe it's not legal to grant someone
permission to do something illegal. It's a bit like saying "if you
don't get out of the car right now, you are consenting to be raped".
She says "but it's my car and I'm driving", he says "I take that to
mean you consent", and violently rapes her. Would that be rape?

* Storage/Network Use. You may also store or install a copy
of the Product on a storage device, such as a network
server, used only to install or run the Product on your
other Workstation Computers over an internal network;
however, you must acquire and dedicate an additional
license for each separate Workstation Computer on or
from which the Product is installed, used, accessed,
displayed or run. A license for the Product may not be
shared or used concurrently on different Workstation
Computers.

Put simply, if you even have one libarary from Windows sitting on your
Linux box, even if only to be used by other Windows machines, you have
to have an XP license for that box. I think this could even be
interpreted to mean that you would have to have BOTH an XP and Win
2003 license for a Windows 2003 server.

Mind you, this means that if you want to use WINE, VNC, or any other
"Virtual Machine" which executes even one function from even one of
the XP libraries, you much purchase a full license for XP. This again
is illegal bundling, and Microsoft should be forced to license the
libraries separately.

* Reservation of Rights. Microsoft reserves all rights not
expressly granted to you in this EULA.

2. UPGRADES. To use a Product identified as an upgrade, you must
first be licensed for the product identified by Microsoft
as eligible for the upgrade. After upgrading, you may no
longer use the product that formed the basis for your
upgrade eligibility.

Meaning that if you were using Windows 2000, and you decided that you
hated Windows XP and wanted to go back to Windows 2000, you couldn't.
The same is true with Windows 98. This means that if you decided that
you wanted to go back to Windows 98 and run those libraries under
WINE, you couldn't. The Windows 9x license was nullified the minute
you performed the first upgrade.

This again is a direct effort to prevent those who already own
legitimate Windows 9x licenses from switching to Linux, installing
WINE, and running their Windows software under WINE.

3. ADDITIONAL SOFTWARE/SERVICES. This EULA
applies to updates, supplements, add-on components,
or Internet-based services components, of the Product that
Microsoft may provide to you or make available to you after
the date you obtain your initial copy of the Product,
unless we provide other terms along with the update,
supplement, add-on component, or Internet-based services
component. Microsoft reserves the right to discontinue any
Internet-based services provided to you or made available
to you through the use of the Product. This EULA does not
grant you any rights to use the Windows Media Format
Software Development Kit ("WMFSDK") components contained
in the Product to develop a software application that uses
Windows Media technology. If you wish to use the WMFSDK
to develop such an application, visit
http://msdn.microsoft.com/workshop/imedia/windowsmedia/sdk/wmsdk.asp,
accept a separate license for the WMFSDK, download the
appropriate WMFSDK, and install it on your system.

Put simply, you can't write software for Windows XP just because you
own an XP machine. You have to pay more to write software. In fact,
you aren't even allowed to develop applications for YOURSELF or your
own employer.

4. TRANSFER-Internal. You may move the Product to a different
Workstation Computer. After the transfer, you must
completely remove the Product from the former Workstation
Computer.

There is an irony here: You can transfer the software to another
computer, but unless you purchased a "white box", you already have
a license on the other computer. At the same time, Microsoft assumes
that all "White Box" computers are merely systems used by those who
Pirate Microsoft's software.

Microsoft does not allow corporate customers to transfer from one box
to
another. In fact, if a corporation gives the PC to charity, with no
operating system (or running Linux), Microsoft claims that the
Corporate customer forfeits it's license and the charity can get a
free upgrade or new installation media.

Transfer to Third Party. The initial user of the
Product may make a one-time transfer of the Product to
another end user. The transfer has to include all
component parts, media, printed materials, this EULA, and
if applicable, the Certificate of Authenticity.

If you have one of those stickers on the bottom or back of your
computer,
you pretty much have to give them the whole computer. Notice that you
can only make one transfer. If you purchase a floor demo, you can't
give it away or sell it, without violating the EULA.

Maybe Microsoft is trying to appease the OEMs. If you can only pass
it on once, then the resale customer has to keep it or junk it.


The transfer may not be an indirect transfer, such as a
consignment. Prior to the transfer, the end user receiving
the transferred Product must agree to all the EULA terms.
No Rental. You may not rent, lease, lend or provide
commercial hosting services to third parties with the
Product.

There, that pretty much spells it out. You can't have 3 people share
a PC if they are employees. This would constitute hosting services,
therefore they would be in violation of the EULA. You can't even
legally use your workstation as a web server to others within your
company. Remember, the workstation EULA permits "File and Print"
services ONLY.


5. LIMITATION ON REVERSE ENGINEERING,
DECOMPILATION, AND DISASSEMBLY. You may
not reverse engineer, decompile, or disassemble the
Product, except and only to the extent that it is expressly
permitted by applicable law notwithstanding this
limitation.

Pretty much, Microsoft is saying that even if they deliberately
sabotage your code, they will file motions claiming that you are
in violation of the EULA because you attempted to find out what they
did wrong. If a judge in a specific circuit court feels that this
was a legitimate case of fair use and discovery, then that ruling is
only good for that case, in that courtroom. This has been ruled to be
obstruction of justice by numerous judges, but Microsoft clings to it
rabidly.

6. TERMINATION. Without prejudice to any other rights, Microsoft
may cancel this EULA if you do not abide by the terms and
conditions of this EULA, in which case you must destroy all
copies of the Product and all of its component parts.

This seems fair enough on the surface. However, we have already seen
how easily one can violate the terms of the agreement. Too many
connections, too many accesses, stored in the wrong place, shared by a
co-worker,... which pretty much means that Microsoft can pull the plug
any time it feels like it.

7. DESCRIPTION OF OTHER RIGHTS AND
LIMITATIONS.

* NetMeeting/Remote Assistance/Remote Desktop Features. The
Product contains NetMeeting, Remote Assistance, and
Remote Desktop technologies that enable the Product or
other applications installed on the Workstation Computer
to be used remotely between two or more computers, even
if the Product or application is installed on only one
Workstation Computer. You may use NetMeeting, Remote
Assistance, and Remote Desktop with all Microsoft products;
provided however, use of these technologies with
certain Microsoft products may require an additional
license. For Microsoft and non-Microsoft products, you
should consult the license agreement accompanying the
applicable product or contact the applicable licensor
to determine whether use of NetMeeting, Remote
Assistance, or Remote Desktop is permitted without an
additional license.

Here we have the big one. You can only use Microsoft products to
access the Microsoft desktop using a Microsoft workstation. Even if
you had previously been using Carbon copy, PC-Anywhere, or VNC, you
are now legally in violation of the EULA. Of course, this clause is
illegal, but the court must establish a ruling on that before you can
be assured that Microsoft can't hit you for a new bill.

Keep in mind, that once Microsoft revokes your right to use the
software, you have to purchase it again to use it again. This means
that Microsoft could decide that because you used Carbon Copy, you
would not only have to switch to the Microsoft product, but you would
also have to


* Consent to Use of Data. You agree that Microsoft and its
affiliates may collect and use technical information
gathered in any manner as part of the product support
services provided to you, if any, related to the Product.
Microsoft may use this information solely to improve
our products or to provide customized services or
technologies to you. Microsoft may disclose this
information to others, but not in a form that personally
identifies you.

* Internet Gaming/Update Features. If you choose to utilize
the Internet gaming or update features within the
Product, it is necessary to use certain computer system,
hardware, and software information to implement the
features. By using these features, you explicitly
authorize Microsoft or its designated agent to access
and utilize the necessary information for Internet gaming
and/or updating purposes. Microsoft may use this
information solely to improve our products or to provide
customized services or technologies to you. Microsoft
may disclose this information to others, but not in a
form that personally identifies you.

* Internet-Based Services Components. The Product contains
components that enable and facilitate the use of certain
Internet-based services. You acknowledge and agree that
Microsoft may automatically check the version of the
Product and/or its components that you are utilizing
and may provide upgrades or fixes to the Product that
will be automatically downloaded to your Workstation
Computer.

* Security Updates. Content providers are using the digital
rights management technology ("Microsoft DRM") contained
in this Product to protect the integrity of their content
("Secure Content") so that their intellectual property,
including copyright, in such content is not misappropriated.
Owners of
such Secure Content ("Secure Content Owners") may, from
time to time, request Microsoft to provide security
related updates to the Microsoft DRM components of the
Product ("Security Updates") that may affect your ability
to copy, display and/or play Secure Content through
Microsoft software or third party applications that
utilize Microsoft DRM. You therefore agree that, if
you elect to download a license from the Internet which
enables your use of Secure Content, Microsoft may, in
conjunction with such license, also download onto your
computer such Security Updates that a Secure Content
Owner has requested that Microsoft distribute. Microsoft
will not retrieve any personally identifiable
information, or any other information, from your computer
by downloading such Security Updates.

8. NOT FOR RESALE SOFTWARE. Product
identified as "Not for Resale" or "NFR," may not be resold,
transferred or used for any purpose other than
demonstration, test or evaluation.

9. ACADEMIC EDITION SOFTWARE. To use
Product identified as "Academic Edition" or "AE," you must
be a "Qualified Educational User." For qualification-
related questions, please contact the Microsoft Sales
Information Center/One Microsoft Way/Redmond, WA 98052-6399
or the Microsoft subsidiary serving your country.

10. EXPORT RESTRICTIONS.
You acknowledge that the Product is of U.S. origin and
subject to U.S. export jurisdiction. You agree to comply
with all applicable international and national laws that
apply to the Product, including the U.S. Export
Administration Regulations, as well as end-user, end-use,
and destination restrictions issued by U.S. and other
governments. For additional information see
<http://www.microsoft.com/exporting/>.

11. LIMITED WARRANTY FOR PRODUCT ACQUIRED IN
THE US AND CANADA.

Microsoft warrants that the Product will perform
substantially in accordance with the accompanying
materials for a period of ninety days from the date of
receipt.

If an implied warranty or condition is created by
your state/jurisdiction and federal or state/provincial law
prohibits disclaimer of it, you also have an implied
warranty or condition, BUT ONLY AS
TO DEFECTS DISCOVERED DURING THE PERIOD
OF THIS LIMITED WARRANTY (NINETY DAYS).
AS TO ANY DEFECTS DISCOVERED AFTER THE
NINETY (90) DAY PERIOD, THERE IS NO
WARRANTY OR CONDITION OF ANY KIND.
Some states/jurisdictions do not allow limitations on how
long an implied warranty or condition lasts, so the above
limitation may not apply to you.

Any supplements or updates to the Product, including without
limitation, any (if any) service packs or hot fixes
provided to you after the expiration of the ninety day
Limited Warranty period are not covered by any warranty or
condition, express, implied or statutory.

LIMITATION ON REMEDIES; NO CONSEQUENTIAL
OR OTHER DAMAGES. Your exclusive remedy for any breach
of this Limited Warranty is as set forth below. Except
for any refund elected by Microsoft, YOU ARE NOT ENTITLED
TO ANY DAMAGES, INCLUDING BUT NOT
LIMITED TO CONSEQUENTIAL DAMAGES, if
the Product does not meet Microsoft's Limited Warranty,
and, to the maximum extent allowed by applicable law, even
if any remedy fails of its essential purpose. The terms
of Section 13 below ("Exclusion of Incidental,
Consequential and Certain Other Damages") are also
incorporated into this Limited Warranty. Some states/
jurisdictions do not allow the exclusion or limitation
of incidental or consequential damages, so the above
limitation or exclusion may not apply to you. This
Limited Warranty gives you specific legal rights. You
may have others which vary from state/jurisdiction to
state/jurisdiction. YOUR EXCLUSIVE REMEDY. Microsoft's
and its suppliers' entire liability and your exclusive
remedy shall be, at Microsoft's option from time to time
exercised subject to applicable law, (a) return of the
price paid (if any) for the Product, or (b) repair or
replacement of the Product, that does not meet this
Limited Warranty and that is returned to Microsoft with
a copy of your receipt. You will receive the remedy
elected by Microsoft without charge, except that you are
responsible for any expenses you may incur (e.g. cost of
shipping the Product to Microsoft). This Limited Warranty
is void if failure of the Product has resulted from
accident, abuse, misapplication, abnormal use or a virus.
Any replacement Product will be warranted for the
remainder of the original warranty period or thirty (30)
days, whichever is longer. Outside the United States or
Canada, neither these remedies nor any product support
services offered by Microsoft are available without proof
of purchase from an authorized international source. To
exercise your remedy, contact: Microsoft, Attn. Microsoft
Sales Information Center/One Microsoft Way/Redmond, WA
98052-6399, or the Microsoft subsidiary serving
your country.

LIMITED WARRANTY FOR PRODUCT ACQUIRED
OUTSIDE THE US or CANADA.
FOR THE LIMITED WARRANTIES AND SPECIAL
PROVISIONS PERTAINING TO YOUR PARTICULAR
JURISDICTION, PLEASE REFER TO YOUR WARRANTY
BOOKLET INCLUDED WITH THIS PACKAGE OR
PROVIDED WITH THE SOFTWARE PRODUCT
PRINTED MATERIALS.

12. DISCLAIMER OF WARRANTIES. The Limited
Warranty that appears above is the only express warranty
made to you and is provided in lieu of any other express
warranties (if any) created by any documentation,
packaging, or other communications. Except for the Limited
Warranty and to the maximum extent permitted by applicable
law, Microsoft and its suppliers provide the Product and
support services (if any) AS IS AND WITH ALL FAULTS, and
hereby disclaim all other warranties and conditions, either
express, implied or statutory, including, but not limited
to, any (if any) implied warranties, duties or conditions
of merchantability, of fitness for a particular purpose,
of reliability or availability, of accuracy or completeness
of responses, of results, of workmanlike effort, of lack
of viruses, and of lack of negligence, all with regard to
the Product, and the provision of or failure to provide
support or other services, information, software, and
related content through the Product or otherwise arising
out of the use of the Product. ALSO, THERE IS NO WARRANTY
OR CONDITION OF TITLE, QUIET ENJOYMENT,
QUIET POSSESSION, CORRESPONDENCE TO
DESCRIPTION OR NON-INFRINGEMENT WITH
REGARD TO THE PRODUCT.

13. 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, PUNITIVE, 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 PRODUCT, THE PROVISION OF
OR FAILURE TO PROVIDE SUPPORT OR OTHER
SERVICES, INFORMATON, SOFTWARE, AND
RELATED CONTENT THROUGH THE PRODUCT OR
OTHERWISE ARISING OUT OF THE USE OF THE
PRODUCT, OR OTHERWISE UNDER OR IN
CONNECTION WITH ANY PROVISION OF THIS
EULA, 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.

14. LINKS TO THIRD PARTY SITES. You may link
to third party sites through the use of the Product. The
third party sites are not under the control of Microsoft,
and Microsoft is not responsible for the contents of any
third party sites, any links contained in third party
sites, or any changes or updates to third party sites.
Microsoft is not responsible for webcasting or any other
form of transmission received from any third party sites.
Microsoft is providing these links to third party sites to
you only as a convenience, and the inclusion of any link
does not imply an endorsement by Microsoft of the third
party site.

15. 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 EULA and your
exclusive remedy for all of the foregoing (except for any
remedy of repair or replacement elected by Microsoft with
respect to any breach of the Limited Warranty) shall be
limited to the greater of the amount actually paid by you
for the Product or U.S.$5.00. The foregoing limitations,
exclusions and disclaimers (including Sections 11, 12 and
13 above) shall apply to the maximum extent permitted by
applicable law, even if any remedy fails its
essential purpose.

16. U.S. GOVERNMENT LICENSE RIGHTS. All
Product provided to the U.S. Government pursuant to
solicitations issued on or after December 1, 1995 is
provided with the commercial license rights and
restrictions described elsewhere herein. All Product
provided to the U.S. Government pursuant to solicitations
issued prior to December 1, 1995 is provided with
"Restricted Rights" as provided for in FAR, 48 CFR 52.227-14
(JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988),
as applicable.

17. APPLICABLE LAW. If you acquired this Product in the United
States, this EULA is governed by the laws of the State of
Washington. If you acquired this Product in Canada, unless
expressly prohibited by local law, this EULA is governed
by the laws in force in the Province of Ontario, Canada;
and, in respect of any dispute which may arise hereunder,
you consent to the jurisdiction of the federal and
provincial courts sitting in Toronto, Ontario. If this
Product was acquired outside the United States, then local
law may apply.

18. ENTIRE AGREEMENT. This EULA (including
any addendum or amendment to this EULA which is included
with the Product) are the entire agreement between you and
Microsoft relating to the Product and the support services
(if any) and they supersede all prior or contemporaneous
oral or written communications, proposals and
representations with respect to the Product or any other
subject matter covered by this EULA. To the extent the
terms of any Microsoft policies or programs for support
services conflict with the terms of this EULA, the terms
of this EULA shall control.

19. The Product is protected by copyright and other intellectual
property laws and treaties. Microsoft or its suppliers own
the title, copyright, and other intellectual property
rights in the Product. The Product is licensed, not sold.
Post by DFS
END-USER LICENSE AGREEMENT FOR
MICROSOFT SOFTWARE
MICROSOFT WINDOWS SERVER 2003, STANDARD EDITION
MICROSOFT WINDOWS SERVER 2003, ENTERPRISE EDITION
PLEASE READ THIS END-USER
LICENSE AGREEMENT ("EULA") CAREFULLY. BY
INSTALLING OR USING THE SOFTWARE THAT
ACCOMPANIES THIS EULA ("SOFTWARE"), YOU AGREE
TO THE TERMS OF THIS EULA. IF YOU DO NOT
AGREE, DO NOT USE THE SOFTWARE AND, IF
APPLICABLE, RETURN IT TO THE PLACE OF
PURCHASE FOR A FULL REFUND.
THIS SOFTWARE DOES NOT TRANSMIT ANY
PERSONALLY IDENTIFIABLE INFORMATION FROM YOUR
SERVER TO MICROSOFT COMPUTER SYSTEMS WITHOUT
YOUR CONSENT.
1. GENERAL. This EULA is a legal agreement between you (either
an individual or a single entity) and Microsoft Corporation
("Microsoft"). This EULA governs the Software, which
includes computer software (including online and electronic
documentation) and any associated media and printed
materials. This EULA applies to updates, supplements, add
-on components, and Internet-based services components of
the Software that Microsoft may provide or make available
to you unless Microsoft provides other terms with the
update, supplement, add-on component, or Internet-based
services component. Microsoft reserves the right to
discontinue any Internet-based services provided to you or
made available to you through the use of the Software.
This EULA also governs any product support services
relating to the Software except as may be included in
another agreement between you and Microsoft. An amendment
or addendum to this EULA may accompany the Software. The
* "Server Software" provides services or functionality on
your server (your computers capable of running the Server
Software are "Servers"); and
* "Device Software" allows a single personal computer,
workstation, terminal, handheld computer, pager,
telephone, personal digital assistant, or other
electronic device ("Device") to access or use the Server
Software.
2. GRANT OF LICENSE. Microsoft grants you the following rights,
conditioned on your compliance with all the terms and
a. Installation, Server Software. You may install only one
copy of Server Software on a single Server, even if
multiple copies of Server Software (for example, 32-bit and
64-bit versions) are included in the Software. Features
supported on 32-bit and 64-bit versions, including some
features mentioned in this EULA, may not be identical or
available in both versions; please refer to product
documentation for a list of specific features included with
each version. Separate component parts of the Server
Software may not be used on more than one Server. An
additional license is required if you install another copy
of the Server Software on the same Server (whether in a
separate partition, by using server emulation software, or
otherwise) or to install or run a copy of the Server
Software on a different Server (for example, a Server
employed for backup or fail-over support).
b. Processor Rights. You may use Microsoft Windows Server
2003, Standard Edition, with up to four CPUs of the Server
at any one time, or Microsoft Windows Server 2003,
Enterprise Edition, with up to eight CPUs of the Server at
any one time.
c. Installation, Device Software. You may install and use
the Device Software on any Device solely to access or use
the Server Software.
d. Mandatory Activation. To reduce software piracy,
Microsoft requires 32-bit versions of the Server Software
to be activated. Microsoft will not collect any personally
identifiable information from your Server or any Device
during the activation process without your consent.
Activation of your copy of the Software in the manner
described during its setup sequence is required; otherwise,
the license rights granted under this EULA are limited to
the first thirty (30) days after you first install the
Software. You may activate the Software through the use
of the Internet or telephone; toll charges may apply. You
may also need to reactivate the Software if you modify your
computer hardware or alter the Software. If you choose
Internet activation, the Software will contact Microsoft
computer systems over the Internet to conduct an
authentication process to confirm that you have a licensed
copy of the Software. You agree to allow the Software to
conduct this authentication process. If you have an
unlicensed copy of the Software, you are not allowed to
install the Software or future Software updates.
Additional information about activation is available online
at the Microsoft support site.
3. CLIENT ACCESS LICENSES ("CALs"). The
Software licensing model consists of an operating system
license and incremental CALs, so that the total cost for
the Software scales with usage. Several CAL types and
licensing modes are available to suit your individual needs.
a. Windows Server 2003 Client Access License ("Windows CAL")
Requirements. In addition to the license for the Server
Software, you must acquire a Windows CAL for each
individual person ("User") or Device that accesses or uses
the Server Software, whether directly or through a
Multiplexing Service (defined below). For example, a
Windows CAL is required for each User or Device that uses
* authentication services (when user or application
credentials are exchanged between the Server Software
and a User or Device),
* file services (accessing or managing files or disk
storage),
* printing services (printing to a printer managed by the
Server Software), or
* remote access service (accessing the Server from a remote
location through a communications link, including a
virtual private network).
However, you do not need to acquire a Windows CAL for any
User or Device that accesses the Server Software solely
through the Internet and is not authenticated or otherwise
individually distinguished by the Server Software or a
Multiplexing Service (for example, by browsing a public
website anonymously). A "Multiplexing Service" is a software
application or service accessing or using the Server Software
at the request of or on behalf of a User or Device.
Further, you do not need to acquire a Windows CAL for any
User or Device that has a valid Small Business Server
(SBS) 2003 CAL, is accessing Server Software that is not
operating as a domain controller, and is within the same
Small Business Server domain.
b. Types of Windows CALs. Two different types of Windows
CALs are available to you: "Device" and "User." Each
Windows Device CAL permits one Device (used by any User)
to access or use the Server Software. Each Windows User
CAL permits one User (using any Device) to access or use
the Server Software. You may use a mix of Windows Device
CALs and Windows User CALs simultaneously with the Server
Software.
c. Windows CAL Licensing Modes. At your option, you may use
Windows CALs with the Server Software in either "Per Device
or Per User" or "Per Server" mode.
(i) In Per Device or Per User mode, a separate Windows CAL
is required for each Device or User that accesses or
uses Server Software on any of your Servers. If you
choose Per Device or Per User mode, the choice is
permanent. In this mode, you may reassign a Windows
CAL from one Device to another Device, or from one
User to another User, provided the reassignment is
made either (A) permanently away from the one Device
or User or (B) temporarily to accommodate the use of
the Windows CAL by a loaner Device while a permanent
Device is out of service, or the use of the Window CAL
by a temporary worker while a regular employee is absent.
(ii) In Per Server mode, the maximum number of Devices and
Users that may simultaneously access or use Server
Software installed on a particular Server equals the
number of Windows CALs (of either type) that you acquire
and designate for use exclusively with that Server.
You have the one-time right to change your use of the
Server Software from Per Server mode to Per Device or
Per User mode. If you do so, you may apply the same
number of Windows CALs you acquired for use in Per Server
mode in Per Device or Per User mode instead.
d. Terminal Server Client Access License ("TS CAL")
Requirements. In addition to a Windows CAL, if you wish
to conduct a Windows Session, you must acquire a TS CAL for
each User or Device. A "Windows Session" means a session
during which Server Software hosts a graphical user
interface on a Device (whether via the TS component of
the Server Software or via other technology).
e. Types of TS CALs; TS CAL Licensing Modes. Similar to
"Device" and "User." Each TS Device CAL permits one Device
(used by any User) to conduct Windows Sessions on any of
your Servers. Each TS User CAL permits one User (using any
Device) to conduct Windows Sessions on any of your Servers.
You may use a mix of TS Device CALs and TS User CALs
simultaneously with the Server Software.
(i) In Per Device or Per User mode, a separate TS CAL is
required for each Device or User that accesses or uses
Server Software on any of your Servers. You may
reassign a TS CAL from one Device to another Device,
or from one User to another User, provided the
reassignment is made either (A) permanently away from
the one Device or User or (B) temporarily to accommodate
the use of the TS CAL by a loaner Device while a
permanent Device is out of service, or the use of the
TS CAL by a temporary worker while a regular employee
is absent.
(ii) Windows Sessions are not allowed in Per Server mode.
f. Premium Windows Server Services. Microsoft may
subsequently create new software functionality ("Premium
Services") that you may wish to use with this version of
the Software. To make these Premium Services available to
you for use with this version of the Software, Microsoft
may provide them under additional license terms and may
charge additional access license fees for you to install
and use them, if you choose.
g. Additional CAL Requirements.
(i) Single Licensee. Windows CALs, TS CALs, and any
future Premium Services CALs that you acquire may not
be used in conjunction with Server Software licensed
to anyone other than you.
(ii) Version Matching. Each required CAL must be version
Windows Server 2003 or a later version.
(iii) Administration. Up to two Users or Devices may
simultaneously access or use the Server Software solely
for administration of the Server Software, without
acquiring any CALs. You do not need a TS CAL when
attaching to or mirroring the single Console Session.
The "Console Session" is the Windows Session that
is conducted through the designated primary
keyboard and display device (or similar peripherals).
4. DESCRIPTION OF OTHER RIGHTS AND
LIMITATIONS
a. Other Licenses. Your use of software applications
installed on the Server, accessed through the Server, or
providing application-sharing functionality may require
additional licenses. Please consult the license agreement
accompanying such software.
b. Component Data Storage. The 32-bit version of the
Software contains components that use the data storage
technology known as Microsoft SQL Server Desktop Engine
("MSDE"). All copies and instances of MSDE contained in or
installed by those Software components may be used only by
those Software components. Any such copy or instance of
MSDE may not be accessed or used for any other purpose.
For example, applications may not be created or run on the
Software if they access or use the services or
functionality of any copy or instance of MSDE contained in
or installed by those Software components. In addition,
any MSDE network library files that are disabled at the time
you first install the Software may not be re-enabled.
c. Automatic Internet-Based Services. The Software features
described below are enabled by default to connect via the
Internet to Microsoft computer systems automatically,
without separate notice to you. You consent to the
operation of these features, unless you choose to switch
them off or not use them. Microsoft does not obtain
personally identifiable information through any of these
features. For more information about these features,
please see your Software documentation or the Microsoft
online support site.
(i) Windows Update Features. Under the Software's default
configuration, if you connect a device to your Server
and the correct device driver is not available on your
Server, then Windows Update features on your Server
(including Device Manager and the Plug & Play CDM
Module) automatically attempt to check Microsoft
computer systems via the Internet for the correct device
driver. Having this happen automatically makes Plug-and-
Play installation of new hardware a better experience
for customers. You may switch off Windows Update's
automatic driver checking feature.
(ii) Web Content Features. Under the Software's default
configuration, if you are connected to the Internet,
several features of the Software are enabled by default
to retrieve content from Microsoft computer systems
and display it to you. When you activate such a
feature, it uses standard Internet protocols, which
transmit the type of operating system, browser and
language code of your Server to the Microsoft computer
system so that the content can be viewed properly from
your Server. These features only operate when you
activate them, and you may choose to switch them off
or not use them. Examples of these features include
Windows Catalog, Search Assistant, and the Headlines and
Search features of Help and Support Center.
(iii) Digital Certificates. Use of certificates based on
the X.509 standard is an important security feature
of the Software. Certain functions of the X.509
implementation (for example, certificate revocation
checking and certificate path building) connect via
the Internet to computer systems belonging to Microsoft
and other digital certificate authorities to check
the validity of digital certificates that you receive
from third parties during certain Internet-based
operations (for example, communications secured with
SSL or IPsec, mail secured with S/MIME, and smartcard
authentication). In accordance with the X.509 standard,
the Software automatically retrieves user certificates
and certificate revocation lists when you attempt to
access certificate protected content. Additionally,
the Software's Auto Root Update feature will occasionally
update the list of trusted certificate authorities.
Auto Root Update is an optional feature; you can uninstall
it if you do not desire it to function. The other
security operations based on the X.509 standard can be
prevented from operating by blocking Server Internet
access.
(iv) Windows Media Digital Rights Management. Content
providers are using the digital rights management
technology for Windows Media contained in this Software
("WM-DRM") to protect the integrity of their content
("Secure Content") so that their intellectual property,
including copyright, in such content is not
misappropriated. Portions of this Software and third
party applications such as media players use WM-DRM to
play Secure Content ("WM-DRM Software"). If the WM-DRM
Software's security has been compromised, owners of
Secure Content ("Secure Content Owners") may request that
Microsoft revoke the WM-DRM Software's right to copy,
display and/or play Secure Content. Revocation does not
alter the WM-DRM Software's ability to play unprotected
content. A list of revoked WM-DRM Software is sent to
your computer whenever you download a license for Secure
Content from the Internet. Microsoft may, in
conjunction with such license, also download revocation
lists onto your computer on behalf of Secure Content
Owners. Secure Content Owners may also require you
to upgrade some of the WM-DRM components in this
Software ("WM-DRM Upgrades") before accessing their
content. When you attempt to play such content, WM-DRM
Software built by Microsoft will notify you that a
WM-DRM Upgrade is required and then ask for your consent
before the WM-DRM Upgrade is downloaded. WM-DRM
Software built by third parties may do the same. If you
decline the upgrade, you will not be able to access
content that requires the WM-DRM Upgrade; however, you
will still be able to access unprotected content and
Secure Content that does not require the upgrade. WM-DRM
features that access the Internet, such as acquiring new
licenses and/or performing a required WM-DRM Upgrade, can
be switched off. When these features are switched off,
you will still be able to play Secure Content if you have
a valid license for such content already stored on your
computer.
(v) Windows Media Player. Some features of Windows Media
Player automatically contact Microsoft computer systems
if you use Windows Media Player or specific features
of it: features that (A) check for new codecs if your
Server does not have the correct ones for content you
attempt to play (this feature may be switched off),
and (B) check for new versions of Windows Media Player
(this feature will operate only when you are using
Windows Media Player).
d. Benchmark Testing. The 32-bit version of the Software
contain the Microsoft .NET Framework. Disclosure of the
results of any benchmark test of the .NET Framework
component of the Software to any third party without
Microsoft's prior written approval is prohibited.
e. Reservation of Rights; Other Restrictions. The Software is
protected by copyright and other intellectual property laws
and treaties. Microsoft or its suppliers own the title,
copyright, and other intellectual property rights in the
Software. The Software is licensed, not sold. Microsoft
reserves all rights not expressly granted to you in this
EULA. Notwithstanding any other provision in this EULA,
neither this EULA nor any CAL grants a license, under any
Microsoft intellectual property, to implement any
functionality contained in the Software (including without
limitation communication protocols used by the Software)
in any software installed on a Device accessing or
utilizing the Server Software. Reverse engineering,
decompiling, or disassembling the Software
is prohibited, except and only to the extent that such
activity is expressly permitted by applicable law
notwithstanding this limitation. Renting, leasing, or
lending the Software (including providing commercial
hosting services) is also prohibited.
5. PRODUCT SUPPORT SERVICES
a. Rights and Obligations. Microsoft may provide you with
product support services related to the Software. Use
of any such support services is governed by the Microsoft
policies and programs described in the user manual, in
online documentation, on Microsoft's support webpage, or
in other Microsoft-provided materials. Any software
Microsoft may provide you as part of support services are
governed by this EULA, unless separate terms are provided.
This EULA does not obligate Microsoft to provide any
support services or to support any software provided as part
of those services.
b. Consent to Use of Data. You agree that Microsoft and its
affiliates may collect and use technical information
gathered as part of the support services provided to you,
if any, related to the Software. Microsoft may use this
information solely to improve our products or to provide
customized services or technologies to you and will not
disclose this information in a form that personally
identifies you.
6. LINKS TO THIRD PARTY INTERNET SITES. You
may link to third party Internet sites through the use of
the Software. Microsoft does not control the third party
sites, and Microsoft is not responsible for the contents
of any third party sites, any links contained in third
party sites, or any changes or updates to third party
sites. Microsoft is not responsible for web-casting or any
other form of transmission received from any third party
sites. Microsoft is providing you these links to third
party sites to you only as a convenience, and the
inclusion of any link does not imply an endorsement by
Microsoft of the third party site.
7. UPGRADES/DOWNGRADES
a. Software upgrades generally. To use Software identified
as an upgrade by Microsoft, it is required that you be
licensed for the software identified by Microsoft as
eligible for the upgrade. After upgrading, the software
that formed the basis for your upgrade eligibility may no
longer be used. The resulting upgraded Software may be used
only in accordance with the terms of this EULA.
b. Software upgrades for a component of Microsoft BackOffice
Server ("BackOffice Server"). To use any Software as an
upgrade to a component of BackOffice Server, then the
requirements of this paragraph apply in addition to those
in the paragraph above. If you upgrade to the Software
from BackOffice Server, the remaining components may only
be used in accordance with the terms of the Microsoft End
User License Agreement that accompanied BackOffice Server.
After an upgrade of BackOffice Server, all Software must
run on the same Server on which BackOffice Server is
installed, unless the upgrade is an Enterprise Edition,
in which case you may use the Software as stand-alone
software in accordance with the terms of this EULA.
c. Software downgrades. Instead of installing and using the
Server Software, you may install and use one copy of an
earlier version of the Server Software on a single Server,
provided that such earlier version is no earlier than
Windows NT version 4.0, and that you completely remove such
earlier version and install the Server Software within a
reasonable time. Your use of such earlier version shall
be governed by this EULA, where applicable, and your
rights to use such earlier version shall terminate when you
install the current version of Server Software.
d. CAL downgrades. You may use Windows Device CALs and
Windows User CALs with an earlier version of the Software
in accordance with the terms of this EULA. You may use TS
Device CALs, but due to technical incompatibilities not TS
User CALs, with earlier versions of the Software in
accordance with the terms of this EULA.
8. NOT FOR RESALE SOFTWARE. Software
identified as "Not for Resale" or "NFR," may not be sold
or otherwise transferred for value or used for any purpose
other than demonstration, test or evaluation.
9. ACADEMIC EDITION SOFTWARE. To use
Software identified as "Academic Edition" or "AE," you must
be a "Qualified Educational User." For qualification
-related questions, please contact the Microsoft Sales
Information Center/One Microsoft Way/Redmond, WA 98052-6399
or the Microsoft subsidiary serving your country.
10. EXPORT RESTRICTIONS. You acknowledge
that the Software is subject to U.S. export jurisdiction.
You agree to comply with all applicable international and
national laws that apply to the Software, including the
U.S. Export Administration Regulations, as well as end-user,
end-use, and destination restrictions issued by U.S. and
other governments. For additional information see
<http://www.microsoft.com/exporting/>.
11. SOFTWARE TRANSFER-Internal transfer. You may move the
Server Software to a different Server as long as you
permanently remove the software from the initial Server.
Transfer to Third Party. The initial user of the Software
may make a one-time permanent transfer of this EULA and
Software to another end user, provided the initial user retains
no copies of the Software. The transfer must include all of
the Software (including all component parts, the media and
printed materials, any upgrades, this EULA, and, if
applicable, the Certificate of Authenticity). The
transfer may not be an indirect transfer, such as a
consignment. Prior to the transfer, the end user receiving
the Software must agree to all the EULA terms.
12. TERMINATION. Without prejudice to any other rights,
Microsoft may terminate this EULA if you are not in
compliance with all the terms and conditions of this EULA.
In such event, you must destroy all copies of the Software
and all of its component parts.
13. NOTICE REGARDING MPEG-4 VISUAL DECODERS
FOR WINDOWS MEDIA PLAYER. 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.
MPEG LA, L.L.C., has contractually
obligated Microsoft to provide this
notice.
The following Limited Warranty applies if you acquired this
14. LIMITED WARRANTY FOR SOFTWARE ACQUIRED IN
THE US AND CANADA.
Microsoft warrants that the Software will perform
substantially in accordance with the accompanying materials
for a period of ninety (90) days from the date of receipt.
If an implied warranty or condition is created by
your state/jurisdiction and federal or state/provincial law
prohibits disclaimer of it, you also have an implied
warranty or condition, BUT ONLY AS
TO DEFECTS DISCOVERED DURING THE PERIOD
OF THIS LIMITED WARRANTY (NINETY DAYS).
AS TO ANY DEFECTS DISCOVERED AFTER
THE NINETY-DAY PERIOD, THERE IS NO
WARRANTY OR CONDITION OF ANY KIND.
Some states/jurisdictions do not allow limitations on how
long an implied warranty or condition lasts, so the above
limitation may not apply to you.
Any supplements or updates to the Software, including without
limitation, any (if any) service packs or hot fixes
provided to you after the expiration of the ninety-day
Limited Warranty period are not covered by any warranty or
condition, express, implied or statutory.
LIMITATION ON REMEDIES; NO CONSEQUENTIAL
OR OTHER DAMAGES. Your exclusive remedy for any breach of
this Limited Warranty is as set forth below. Except for
any refund elected by Microsoft, YOU ARE NOT ENTITLED TO
ANY DAMAGES, INCLUDING BUT NOT LIMITED
TO CONSEQUENTIAL DAMAGES, if the
Software does not meet Microsoft's Limited Warranty, and,
to the maximum extent allowed by applicable law, even if
any remedy fails of its essential purpose. The terms of
Section 16 ("Exclusion of Incidental, Consequential and
Certain Other Damages") are also incorporated into this
Limited Warranty. Some states/jurisdictions do not allow
the exclusion or limitation of incidental or consequential
damages, so the above limitation or exclusion may not
apply to you. This Limited Warranty gives you specific
legal rights. You may have other rights which vary from
state/jurisdiction to state/jurisdiction.
YOUR EXCLUSIVE REMEDY. Microsoft's and
its suppliers' entire liability and your exclusive remedy
for any breach of this Limited Warranty or for any other
breach of this EULA or for any other liability relating to
the Software shall be, at Microsoft's option from time to
time exercised subject to applicable law, (a) return of the
amount paid (if any) for the Software, or (b) repair or
replacement of the Software, that does not meet this
Limited Warranty and that is returned to Microsoft with a
copy of your receipt. You will receive the remedy elected
by Microsoft without charge, except that you are
responsible for any expenses you may incur (e.g., cost of
shipping the Software to Microsoft). This Limited Warranty
is void if failure of the Software has resulted from
accident, abuse, misapplication, abnormal use or a virus.
Any replacement Software will be warranted for the
remainder of the original warranty period or thirty (30)
days, whichever is longer, and Microsoft will use
commercially reasonable efforts to provide your remedy
within a commercially reasonable time of your compliance
with Microsoft's warranty remedy procedures. Outside
the United States or Canada, neither these remedies nor any
product support services offered by Microsoft are available
without proof of purchase from an authorized international
Microsoft, Attn. Microsoft Sales Information Center/
One Microsoft Way/Redmond, WA 98052-6399, or
the Microsoft subsidiary serving your country.
15. DISCLAIMER OF WARRANTIES. The Limited
Warranty that appears above is the only express warranty
made to you and is provided in lieu of any other express
warranties or similar obligations (if any) created by any
advertising, documentation, packaging, or other
communications. Except for the Limited Warranty and to the
maximum extent permitted by applicable law, Microsoft and
its suppliers provide the Software and support services (if
any) AS IS AND WITH ALL FAULTS, and
hereby disclaim all other warranties and conditions,
whether express, implied or statutory, including, but not
limited to, any (if any) implied warranties, duties or
conditions of merchantability, of fitness for a particular
purpose, of reliability or availability, of accuracy or
completeness of responses, of results, of workmanlike
effort, of lack of viruses, and of lack of negligence, all
with regard to the Software, and 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.
ALSO, THERE IS NO WARRANTY OR CONDITION
OF TITLE, QUIET ENJOYMENT, QUIET
POSSESSION, CORRESPONDENCE TO DESCRIPTION
OR NON-INFRINGEMENT WITH REGARD TO THE
SOFTWARE.
16. 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, PUNITIVE, 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 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 SOFTWARE, THE PROVISION OF OR
FAILURE TO PROVIDE SUPPORT OR OTHER
SERVICES, INFORMATION, SOFTWARE, AND
RELATED CONTENT THROUGH THE SOFTWARE,
OR OTHERWISE UNDER OR IN CONNECTION WITH
ANY PROVISION OF THIS EULA, EVEN IN THE
EVENT OF THE FAULT, TORT (INCLUDING
NEGLIGENCE), MISREPRESENTATION,
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.
17. LIMITATION OF LIABILITY AND REMEDIES.
NOTWITHSTANDING ANY DAMAGES THAT YOU
MIGHT INCUR FOR ANY REASON WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, ALL
DAMAGES REFERENCED HEREIN AND ALL
DIRECT OR GENERAL DAMAGES IN CONTRACT
OR ANYTHING ELSE), THE ENTIRE LIABILITY
OF MICROSOFT AND ANY OF ITS SUPPLIERS
UNDER ANY PROVISION OF THIS EULA AND
YOUR EXCLUSIVE REMEDY HEREUNDER (EXCEPT
FOR ANY REMEDY OF REPAIR OR REPLACEMENT
ELECTED BY MICROSOFT WITH RESPECT TO
ANY BREACH OF THE LIMITED WARRANTY)
SHALL BE LIMITED TO THE GREATER OF THE
ACTUAL DAMAGES YOU INCUR IN REASONABLE
RELIANCE ON THE SOFTWARE UP TO THE
AMOUNT ACTUALLY PAID BY YOU FOR THE
SOFTWARE OR US$5.00. THE FOREGOING
LIMITATIONS, EXCLUSIONS AND DISCLAIMERS
(INCLUDING SECTIONS 15, 16, AND 17) SHALL
APPLY TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, EVEN IF ANY REMEDY FAILS
ITS ESSENTIAL PURPOSE.
18. U.S. GOVERNMENT LICENSE RIGHTS. All
Software provided to the U.S. Government pursuant to
solicitations issued on or after December 1, 1995, is
provided with the commercial license rights and
restrictions described elsewhere herein. All Software
provided to the U.S. Government pursuant to solicitations
issued prior to December 1, 1995, is provided with
"Restricted Rights" as provided for in FAR, 48 CFR
52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013
(OCT 1988), as applicable.
19. APPLICABLE LAW. If you acquired this Software in the United
States, this EULA is governed by the laws of the State of
Washington. If you acquired this Software in Canada,
unless expressly prohibited by local law, this EULA is
governed by the laws in force in the Province of Ontario,
Canada; and, in respect of any dispute which may arise
hereunder, you consent to the jurisdiction of the federal
and provincial courts sitting in Toronto, Ontario. If you
acquired this Software in the European Union, Iceland,
Norway, or Switzerland, then local law applies. If you
acquired this Software in any other country, then local law
may apply.
20. ENTIRE AGREEMENT; SEVERABILITY. This
EULA (including any addendum or amendment to this EULA
which is included with the Software) are the entire
agreement between you and Microsoft relating to the
Software and the Support Services (if any) and they
supersede all prior or contemporaneous oral or written
communications, proposals and representations with respect
to the Software or any other subject matter covered by this
EULA. To the extent the terms of any Microsoft policies
or programs for support services conflict with the terms
of this EULA, the terms of this EULA shall control unless
the parties otherwise agree in writing. If any provision
of this EULA is held to be void, invalid, unenforceable or
illegal, the other provisions shall continue in full
force and effect.
Si vous avez acquis votre produit Microsoft au CANADA, la
GARANTIE LIMITÉE
Microsoft garantit que le Logiciel fonctionnera conformément aux
documents inclus pendant une période de 90 jours suivant la date
de réception.
Si une garantie ou condition implicite est créée par votre État
ou votre territoire et qu'une loi fédérale ou provinciale ou d'un
État en interdit le déni, vous jouissez également d'une garantie
ou condition implicite, MAIS UNIQUEMENT POUR
LES DÉFAUTS DÉCOUVERTS DURANT LA PÉRIODE DE
LA PRÉSENTE GARANTIE LIMITÉE (QUATRE-VINGT
-DIX JOURS). IL N'Y A AUCUNE GARANTIE OU
CONDITION DE QUELQUE NATURE QUE CE SOIT QUANT
AUX DÉFAUTS DÉCOUVERTS APRÈS CETTE PÉRIODE DE
QUATRE-VINGT-DIX JOURS. Certains États ou
territoires ne permettent pas de limiter la durée d'une garantie
ou condition implicite de sorte que la limitation ci­dessus peut
ne pas s'appliquer à vous.
Tous les suppléments ou toutes les mises à jour relatifs au
Logiciel, notamment, les ensembles de services ou les réparations
à chaud (le cas échéant) qui vous sont fournis après l'expiration
de la période de quatre-vingt-dix jours de la garantie limitée ne
sont pas couverts par quelque garantie ou condition que ce soit,
expresse, implicite ou en vertu de la loi.
LIMITATION DES RECOURS; ABSENCE DE DOMMAGES
INDIRECTS OU AUTRES. Votre recours exclusif pour toute violation
de la présente garantie limitée est décrit ci­après. Sauf pour
tout remboursement au choix de Microsoft, si le Logiciel ne
respecte pas la garantie limitée de Microsoft et, dans la mesure
maximale permise par les lois applicables, même si tout recours
n'atteint pas son but essentiel, VOUS N'AVEZ DROIT À AUCUNS
DOMMAGES, NOTAMMENT DES DOMMAGES INDIRECTS.
Les termes de la clause "Exclusion des dommages accessoires,
indirects et de certains autres dommages " sont également
intégrées à la présente garantie limitée. Certains États ou
territoires ne permettent pas l'exclusion ou la limitation des
dommages indirects ou accessoires de sorte que la limitation ou
l'exclusion ci­dessus peut ne pas s'appliquer à vous. La présente
garantie limitée vous donne des droits légaux spécifiques. Vous
pouvez avoir d'autres droits qui peuvent varier d'un territoire
ou d'un État à un autre.
VOTRE RECOURS EXCLUSIF. La seule
responsabilité obligation de Microsoft et de ses fournisseurs et
votre recours exclusif pour toute violation de la présente
garantie limitée ou pour toute autre violation du présent contrat
ou pour toute autre responsabilité relative au Logiciel seront,
selon le choix de Microsoft exercé de temps à autre sous réserve
de toute loi applicable, a) le remboursement du prix payé, le cas
échéant, pour le Logiciel ou b) la réparation ou le remplacement
du Logiciel qui ne respecte pas la présente garantie limitée et
qui est retourné à Microsoft avec une copie de votre reçu. Vous
recevrez la compensation choisie par Microsoft, sans frais, sauf
que vous êtes responsable des dépenses que vous pourriez engager
(p. ex., les frais d'envoi du Logiciel à Microsoft). La présente
garantie limitée est nulle si la défectuosité du Logiciel est
causée par un accident, un usage abusif, une mauvaise
application, un usage anormal ou un virus. Tout Logiciel de
remplacement sera garanti pour le reste de la période initiale de
la garantie ou pendant trente (30) jours, selon la plus longue
entre ces deux périodes. À l'extérieur des États-Unis ou du
Canada, ces recours ou l'un quelconque des services de soutien
technique offerts par Microsoft ne sont pas disponibles sans
preuve d'achat d'une source internationale autorisée. Pour
exercer votre recours, vous devez communiquer avec Microsoft et
vous adresser au Microsoft Sales Information Center/One Microsoft
Way/Redmond, WA 98052-6399, ou à la filiale de Microsoft de votre
pays.
DÉNI DE GARANTIES. La garantie limitée qui apparaît ci-dessus
constitue la seule garantie expresse qui vous est donnée et
remplace toutes autres garanties expresses (s'il en est) crées
par une publicité, un document, un emballage ou une autre
communication. Sauf en ce qui a trait à la garantie limitée et
dans la mesure maximale permise par les lois applicables, le
Logiciel et les services de soutien technique (le cas échéant)
sont fournis TELS QUELS ET AVEC TOUS LES
DÉFAUTS par Microsoft et ses fournisseurs, lesquels par les
présentes dénient toutes autres garanties et conditions
expresses, implicites ou en vertu de la loi, notamment, mais sans
limitation, (le cas échéant) les garanties, devoirs ou conditions
implicites de qualité marchande, d'adaptation à une fin
particulière, de fiabilité ou de disponibilité, d'exactitude ou
d'exhaustivité des réponses, des résultats, des efforts déployés
selon les règles de l'art, d'absence de virus et d'absence de
négligence, le tout à l'égard du Logiciel et de la prestation ou
de l'omission de la prestation des services de soutien technique
ou à l'égard de la fourniture ou de l'omission de la fourniture
de tous autres services, renseignements, logiciels, et contenu
qui s'y rapporte grâce au Logiciel ou provenant autrement de
l'utilisation du Logiciel. PAR AILLEURS, IL N'Y A AUCUNE
GARANTIE OU CONDITION QUANT AU TITRE DE
PROPRIÉTÉ, À LA JOUISSANCE OU LA POSSESSION
PAISIBLE, À LA CONCORDANCE À UNE DESCRIPTION
NI QUANT À UNE ABSENCE DE CONTREFAÇON
CONCERNANT LE LOGICIEL.
EXCLUSION DES DOMMAGES ACCESSOIRES, INDIRECTS
ET DE CERTAINS AUTRES DOMMAGES. DANS LA
MESURE MAXIMALE PERMISE PAR LES LOIS
APPLICABLES, EN AUCUN CAS MICROSOFT OU SES
FOURNISSEURS NE SERONT RESPONSABLES DES
DOMMAGES SPÉCIAUX, CONSÉCUTIFS, ACCESSOIRES
OU INDIRECTS DE QUELQUE NATURE QUE CE SOIT
(NOTAMMENT, LES DOMMAGES À L'ÉGARD DU MANQUE
À GAGNER OU DE LA DIVULGATION DE
RENSEIGNEMENTS CONFIDENTIELS OU AUTRES, DE LA
PERTE D'EXPLOITATION, DE BLESSURES
CORPORELLES, DE LA VIOLATION DE LA VIE
PRIVÉE, DE L'OMISSION DE REMPLIR TOUT DEVOIR,
Y COMPRIS D'AGIR DE BONNE FOI OU D'EXERCER UN
SOIN RAISONNABLE, DE LA NÉGLIGENCE ET DE
TOUTE AUTRE PERTE PÉCUNIAIRE OU AUTRE PERTE
DE QUELQUE NATURE QUE CE SOIT) SE RAPPORTANT
DE QUELQUE MANIÈRE QUE CE SOIT À
L'UTILISATION DU LOGICIEL OU À L'INCAPACITÉ
DE S'EN SERVIR, À LA PRESTATION OU À
L'OMISSION DE LA PRESTATION DE SERVICES DE
SOUTIEN TECHNIQUE OU À LA FOURNITURE OU À
L'OMISSION DE LA FOURNITURE DE TOUS AUTRES
SERVICES, RENSEIGNEMENTS, LOGICIELS, ET
CONTENU QUI S'Y RAPPORTE GRÂCE AU LOGICIEL
OU PROVENANT AUTREMENT DE L'UTILISATION DU
LOGICIEL OU AUTREMENT AUX TERMES DE TOUTE
DISPOSITION DE LA PRÉSENTE CONVENTION OU
RELATIVEMENT À UNE TELLE DISPOSITION, MÊME EN
CAS DE FAUTE, DE DÉLIT CIVIL (Y COMPRIS LA
NÉGLIGENCE), DE RESPONSABILITÉ STRICTE, DE
VIOLATION DE CONTRAT OU DE VIOLATION DE
GARANTIE DE MICROSOFT OU DE TOUT FOURNISSEUR
ET MÊME SI MICROSOFT OU TOUT FOURNISSEUR A
ÉTÉ AVISÉ DE LA POSSIBILITÉ DE TELS DOMMAGES.
LIMITATION DE RESPONSABILITÉ ET RECOURS.
MALGRÉ LES DOMMAGES QUE VOUS PUISSIEZ SUBIR
POUR QUELQUE MOTIF QUE CE SOIT (NOTAMMENT,
MAIS SANS LIMITATION, TOUS LES DOMMAGES
SUSMENTIONNÉS ET TOUS LES DOMMAGES DIRECTS OU
GÉNÉRAUX OU AUTRES), LA SEULE RESPONSABILITÉ
DE MICROSOFT ET DE L'UN OU L'AUTRE DE SES
FOURNISSEURS AUX TERMES DE TOUTE DISPOSITION
DE LA PRÉSENTE CONVENTION ET VOTRE RECOURS
EXCLUSIF À L'ÉGARD DE TOUT CE QUI PRÉCÈDE
(SAUF EN CE QUI CONCERNE TOUT RECOURS DE
RÉPARATION OU DE REMPLACEMENT CHOISI PAR
MICROSOFT À L'ÉGARD DE TOUT MANQUEMENT À LA
GARANTIE LIMITÉE) SE LIMITE AU PLUS ÉLEVÉ
ENTRE LES MONTANTS SUIVANTS : LE MONTANT QUE
VOUS AVEZ RÉELLEMENT PAYÉ POUR LE LOGICIEL OU
5,00 $US. LES LIMITES, EXCLUSIONS ET DÉNIS
QUI PRÉCÈDENT (Y COMPRIS LES CLAUSES CI
-DESSUS), S'APPLIQUENT DANS LA MESURE
MAXIMALE PERMISE PAR LES LOIS APPLICABLES,
MÊME SI TOUT RECOURS N'ATTEINT PAS SON
BUT ESSENTIEL.
À moins que cela ne soit prohibé par le droit local applicable,
la présente Convention est régie par les lois de la province
d'Ontario, Canada. Vous consentez à la compétence des tribunaux
fédéraux et provinciaux siégeant à Toronto, dans la
province d'Ontario.
Au cas où vous auriez des questions concernant cette licence ou
que vous désiriez vous mettre en rapport avec Microsoft pour
quelque raison que ce soit, veuillez utiliser l'information
contenue dans le Logiciel pour contacter la filiale de Microsoft
desservant votre pays, ou visitez Microsoft sur le World Wide Web
à http://www.microsoft.com.
The following MICROSOFT GUARANTEE applies to you if you
Statutory rights not affected - The following guarantee is not
restricted to any territory and does not affect any statutory
rights that you may have from your reseller or from Microsoft if
you acquired the Software directly from Microsoft. If you
acquired the Software or any support services in Australia, New
Zealand or Malaysia, please see the "Consumer rights"
section below.
The guarantee - The Software is designed and offered as
a general-purpose software, not for any user's particular
purpose. You accept that no Software is error free and you are
strongly advised to back-up your files regularly. Provided that
you have a valid license, Microsoft guarantees that (a) for a
period of 90 days from the date of receipt of your license to use
the Software or the shortest period permitted by applicable law
it will perform substantially in accordance with the written
materials that accompany the Software; and (b) any support
services provided by Microsoft shall be substantially as
described in applicable written materials provided to you by
Microsoft and Microsoft support engineers will use reasonable
efforts, care and skill to solve any problem issues. In the
event that the Software fails to comply with this guarantee,
Microsoft will either (a) repair or replace the Software or (b)
return the price you paid. This guarantee is void if failure of
the Software results from accident, abuse or misapplication. Any
replacement Software will be guaranteed for the remainder of the
original guarantee period or 30 days, whichever period is longer.
You agree that the above guarantee is your sole guarantee in
relation to the Software and any support services.
Exclusion of All Other Terms - To the maximum extent permitted by
applicable law and subject to the guarantee above, Microsoft
disclaims all warranties, conditions and other terms, either
express or implied (whether by statute, common law, collaterally
or otherwise) including but not limited to implied warranties of
satisfactory quality and fitness for particular purpose with
respect to the Software and the written materials that accompany
the Software. Any implied warranties that cannot be excluded are
limited to 90 days or to the shortest period permitted by
applicable law, whichever is greater.
Limitation of Liability - To the maximum extent permitted by
applicable law and except as provided in the Microsoft Guarantee,
Microsoft and its suppliers shall not be liable for any damages
whatsoever (including without limitation, damages for loss of
business profits, business interruption, loss of business
information or other pecuniary loss) arising out of the use or
inability to use the Software, even if Microsoft has been advised
of the possibility of such damages. In any case Microsoft's
entire liability under any provision of this Agreement shall be
limited to the amount actually paid by you for the Software.
These limitations do not apply to any liabilities that cannot be
excluded or limited by applicable laws.
Consumer rights - Consumers in Australia, New Zealand or Malaysia
may have the benefit of certain rights and remedies by reason of
the Trade Practices Act and similar state and territory laws in
Australia, the Consumer Guarantees Act in New Zealand and the
Consumer Protection Act in Malaysia in respect of which liability
cannot lawfully be modified or excluded. If you acquired the
Software in New Zealand for the purposes of a business, you
confirm that the Consumer Guarantees Act does not apply. If you
acquired the Software in Australia and if Microsoft breaches a
condition or warranty implied under any law which cannot lawfully
be modified or excluded by this agreement then, to the extent
permitted by law, Microsoft's liability is limited, at
Microsoft's option, to: (i) in the case of the Software: (a)
repairing or replacing the Software; or (b) the cost of such
(a) re-supply of the services; or (b) the cost of having the
services supplied again.
Should you have any questions concerning this EULA, or if you
desire to contact Microsoft for any reason, please use the
address information enclosed in this Software to contact the
Microsoft subsidiary serving your country or visit Microsoft on
the World Wide Web at http://www.microsoft.com.
EULAID:WNET_RM.5_SRV-ENT_RTL_EN
Post by Rex Ballard
Post by DFS
I'll be waiting.
Sorry to keep you waiting further.
I'm patient, but I do have a genetically-determined end of life that will
probably arive within the next 60 years. I predict that this time period is
insufficient for you to provide proof of anything you've stated above.
Frieda Wellington
2004-07-21 02:52:14 UTC
Permalink
Post by Rex Ballard
* Storage/Network Use. You may also store or install a copy
of the Product on a storage device, such as a network
server, used only to install or run the Product on your
other Workstation Computers over an internal network;
however, you must acquire and dedicate an additional
license for each separate Workstation Computer on or
from which the Product is installed, used, accessed,
displayed or run. A license for the Product may not be
shared or used concurrently on different Workstation
Computers.
Put simply, if you even have one libarary from Windows sitting on your
Linux box, even if only to be used by other Windows machines, you have
to have an XP license for that box. I think this could even be
interpreted to mean that you would have to have BOTH an XP and Win
2003 license for a Windows 2003 server.
Mind you, this means that if you want to use WINE, VNC, or any other
"Virtual Machine" which executes even one function from even one of
the XP libraries, you much purchase a full license for XP. This again
is illegal bundling, and Microsoft should be forced to license the
libraries separately.
Ummmm, if I buy a machine, do not agree to the EULA, but keep the MS files
and boot Linux on a seperate disk, does this get around a problem like this?

This is not a copyright violation, as the copy is blessed by MS and the OEM.
And there is no agreement to the EULA.
Post by Rex Ballard
* Reservation of Rights. Microsoft reserves all rights not
expressly granted to you in this EULA.
2. UPGRADES. To use a Product identified as an upgrade, you must
first be licensed for the product identified by Microsoft
as eligible for the upgrade. After upgrading, you may no
longer use the product that formed the basis for your
upgrade eligibility.
Meaning that if you were using Windows 2000, and you decided that you
hated Windows XP and wanted to go back to Windows 2000, you couldn't.
The same is true with Windows 98. This means that if you decided that
you wanted to go back to Windows 98 and run those libraries under
WINE, you couldn't. The Windows 9x license was nullified the minute
you performed the first upgrade.
This again is a direct effort to prevent those who already own
legitimate Windows 9x licenses from switching to Linux, installing
WINE, and running their Windows software under WINE.
3. ADDITIONAL SOFTWARE/SERVICES. This EULA
applies to updates, supplements, add-on components,
or Internet-based services components, of the Product that
Microsoft may provide to you or make available to you after
the date you obtain your initial copy of the Product,
unless we provide other terms along with the update,
supplement, add-on component, or Internet-based services
component. Microsoft reserves the right to discontinue any
Internet-based services provided to you or made available
to you through the use of the Product. This EULA does not
grant you any rights to use the Windows Media Format
Software Development Kit ("WMFSDK") components contained
in the Product to develop a software application that uses
Windows Media technology. If you wish to use the WMFSDK
to develop such an application, visit
http://msdn.microsoft.com/workshop/imedia/windowsmedia/sdk/wmsdk.asp,
accept a separate license for the WMFSDK, download the
appropriate WMFSDK, and install it on your system.
Put simply, you can't write software for Windows XP just because you
own an XP machine. You have to pay more to write software. In fact,
you aren't even allowed to develop applications for YOURSELF or your
own employer.
4. TRANSFER-Internal. You may move the Product to a different
Workstation Computer. After the transfer, you must
completely remove the Product from the former Workstation
Computer.
There is an irony here: You can transfer the software to another
computer, but unless you purchased a "white box", you already have
a license on the other computer. At the same time, Microsoft assumes
that all "White Box" computers are merely systems used by those who
Pirate Microsoft's software.
Microsoft does not allow corporate customers to transfer from one box
to
another. In fact, if a corporation gives the PC to charity, with no
operating system (or running Linux), Microsoft claims that the
Corporate customer forfeits it's license and the charity can get a
free upgrade or new installation media.
Transfer to Third Party. The initial user of the
Product may make a one-time transfer of the Product to
another end user. The transfer has to include all
component parts, media, printed materials, this EULA, and
if applicable, the Certificate of Authenticity.
If you have one of those stickers on the bottom or back of your
computer,
you pretty much have to give them the whole computer. Notice that you
can only make one transfer. If you purchase a floor demo, you can't
give it away or sell it, without violating the EULA.
Maybe Microsoft is trying to appease the OEMs. If you can only pass
it on once, then the resale customer has to keep it or junk it.
The transfer may not be an indirect transfer, such as a
consignment. Prior to the transfer, the end user receiving
the transferred Product must agree to all the EULA terms.
No Rental. You may not rent, lease, lend or provide
commercial hosting services to third parties with the
Product.
There, that pretty much spells it out. You can't have 3 people share
a PC if they are employees. This would constitute hosting services,
therefore they would be in violation of the EULA. You can't even
legally use your workstation as a web server to others within your
company. Remember, the workstation EULA permits "File and Print"
services ONLY.
5. LIMITATION ON REVERSE ENGINEERING,
DECOMPILATION, AND DISASSEMBLY. You may
not reverse engineer, decompile, or disassemble the
Product, except and only to the extent that it is expressly
permitted by applicable law notwithstanding this
limitation.
Pretty much, Microsoft is saying that even if they deliberately
sabotage your code, they will file motions claiming that you are
in violation of the EULA because you attempted to find out what they
did wrong. If a judge in a specific circuit court feels that this
was a legitimate case of fair use and discovery, then that ruling is
only good for that case, in that courtroom. This has been ruled to be
obstruction of justice by numerous judges, but Microsoft clings to it
rabidly.
6. TERMINATION. Without prejudice to any other rights, Microsoft
may cancel this EULA if you do not abide by the terms and
conditions of this EULA, in which case you must destroy all
copies of the Product and all of its component parts.
This seems fair enough on the surface. However, we have already seen
how easily one can violate the terms of the agreement. Too many
connections, too many accesses, stored in the wrong place, shared by a
co-worker,... which pretty much means that Microsoft can pull the plug
any time it feels like it.
7. DESCRIPTION OF OTHER RIGHTS AND
LIMITATIONS.
* NetMeeting/Remote Assistance/Remote Desktop Features. The
Product contains NetMeeting, Remote Assistance, and
Remote Desktop technologies that enable the Product or
other applications installed on the Workstation Computer
to be used remotely between two or more computers, even
if the Product or application is installed on only one
Workstation Computer. You may use NetMeeting, Remote
Assistance, and Remote Desktop with all Microsoft products;
provided however, use of these technologies with
certain Microsoft products may require an additional
license. For Microsoft and non-Microsoft products, you
should consult the license agreement accompanying the
applicable product or contact the applicable licensor
to determine whether use of NetMeeting, Remote
Assistance, or Remote Desktop is permitted without an
additional license.
Here we have the big one. You can only use Microsoft products to
access the Microsoft desktop using a Microsoft workstation. Even if
you had previously been using Carbon copy, PC-Anywhere, or VNC, you
are now legally in violation of the EULA. Of course, this clause is
illegal, but the court must establish a ruling on that before you can
be assured that Microsoft can't hit you for a new bill.
Keep in mind, that once Microsoft revokes your right to use the
software, you have to purchase it again to use it again. This means
that Microsoft could decide that because you used Carbon Copy, you
would not only have to switch to the Microsoft product, but you would
also have to
* Consent to Use of Data. You agree that Microsoft and its
affiliates may collect and use technical information
gathered in any manner as part of the product support
services provided to you, if any, related to the Product.
Microsoft may use this information solely to improve
our products or to provide customized services or
technologies to you. Microsoft may disclose this
information to others, but not in a form that personally
identifies you.
* Internet Gaming/Update Features. If you choose to utilize
the Internet gaming or update features within the
Product, it is necessary to use certain computer system,
hardware, and software information to implement the
features. By using these features, you explicitly
authorize Microsoft or its designated agent to access
and utilize the necessary information for Internet gaming
and/or updating purposes. Microsoft may use this
information solely to improve our products or to provide
customized services or technologies to you. Microsoft
may disclose this information to others, but not in a
form that personally identifies you.
* Internet-Based Services Components. The Product contains
components that enable and facilitate the use of certain
Internet-based services. You acknowledge and agree that
Microsoft may automatically check the version of the
Product and/or its components that you are utilizing
and may provide upgrades or fixes to the Product that
will be automatically downloaded to your Workstation
Computer.
* Security Updates. Content providers are using the digital
rights management technology ("Microsoft DRM") contained
in this Product to protect the integrity of their content
("Secure Content") so that their intellectual property,
including copyright, in such content is not misappropriated.
Owners of
such Secure Content ("Secure Content Owners") may, from
time to time, request Microsoft to provide security
related updates to the Microsoft DRM components of the
Product ("Security Updates") that may affect your ability
to copy, display and/or play Secure Content through
Microsoft software or third party applications that
utilize Microsoft DRM. You therefore agree that, if
you elect to download a license from the Internet which
enables your use of Secure Content, Microsoft may, in
conjunction with such license, also download onto your
computer such Security Updates that a Secure Content
Owner has requested that Microsoft distribute. Microsoft
will not retrieve any personally identifiable
information, or any other information, from your computer
by downloading such Security Updates.
8. NOT FOR RESALE SOFTWARE. Product
identified as "Not for Resale" or "NFR," may not be resold,
transferred or used for any purpose other than
demonstration, test or evaluation.
9. ACADEMIC EDITION SOFTWARE. To use
Product identified as "Academic Edition" or "AE," you must
be a "Qualified Educational User." For qualification-
related questions, please contact the Microsoft Sales
Information Center/One Microsoft Way/Redmond, WA 98052-6399
or the Microsoft subsidiary serving your country.
10. EXPORT RESTRICTIONS.
You acknowledge that the Product is of U.S. origin and
subject to U.S. export jurisdiction. You agree to comply
with all applicable international and national laws that
apply to the Product, including the U.S. Export
Administration Regulations, as well as end-user, end-use,
and destination restrictions issued by U.S. and other
governments. For additional information see
<http://www.microsoft.com/exporting/>.
11. LIMITED WARRANTY FOR PRODUCT ACQUIRED IN
THE US AND CANADA.
Microsoft warrants that the Product will perform
substantially in accordance with the accompanying
materials for a period of ninety days from the date of
receipt.
If an implied warranty or condition is created by
your state/jurisdiction and federal or state/provincial law
prohibits disclaimer of it, you also have an implied
warranty or condition, BUT ONLY AS
TO DEFECTS DISCOVERED DURING THE PERIOD
OF THIS LIMITED WARRANTY (NINETY DAYS).
AS TO ANY DEFECTS DISCOVERED AFTER THE
NINETY (90) DAY PERIOD, THERE IS NO
WARRANTY OR CONDITION OF ANY KIND.
Some states/jurisdictions do not allow limitations on how
long an implied warranty or condition lasts, so the above
limitation may not apply to you.
Any supplements or updates to the Product, including without
limitation, any (if any) service packs or hot fixes
provided to you after the expiration of the ninety day
Limited Warranty period are not covered by any warranty or
condition, express, implied or statutory.
LIMITATION ON REMEDIES; NO CONSEQUENTIAL
OR OTHER DAMAGES. Your exclusive remedy for any breach
of this Limited Warranty is as set forth below. Except
for any refund elected by Microsoft, YOU ARE NOT ENTITLED
TO ANY DAMAGES, INCLUDING BUT NOT
LIMITED TO CONSEQUENTIAL DAMAGES, if
the Product does not meet Microsoft's Limited Warranty,
and, to the maximum extent allowed by applicable law, even
if any remedy fails of its essential purpose. The terms
of Section 13 below ("Exclusion of Incidental,
Consequential and Certain Other Damages") are also
incorporated into this Limited Warranty. Some states/
jurisdictions do not allow the exclusion or limitation
of incidental or consequential damages, so the above
limitation or exclusion may not apply to you. This
Limited Warranty gives you specific legal rights. You
may have others which vary from state/jurisdiction to
state/jurisdiction. YOUR EXCLUSIVE REMEDY. Microsoft's
and its suppliers' entire liability and your exclusive
remedy shall be, at Microsoft's option from time to time
exercised subject to applicable law, (a) return of the
price paid (if any) for the Product, or (b) repair or
replacement of the Product, that does not meet this
Limited Warranty and that is returned to Microsoft with
a copy of your receipt. You will receive the remedy
elected by Microsoft without charge, except that you are
responsible for any expenses you may incur (e.g. cost of
shipping the Product to Microsoft). This Limited Warranty
is void if failure of the Product has resulted from
accident, abuse, misapplication, abnormal use or a virus.
Any replacement Product will be warranted for the
remainder of the original warranty period or thirty (30)
days, whichever is longer. Outside the United States or
Canada, neither these remedies nor any product support
services offered by Microsoft are available without proof
of purchase from an authorized international source. To
exercise your remedy, contact: Microsoft, Attn. Microsoft
Sales Information Center/One Microsoft Way/Redmond, WA
98052-6399, or the Microsoft subsidiary serving
your country.
LIMITED WARRANTY FOR PRODUCT ACQUIRED
OUTSIDE THE US or CANADA.
FOR THE LIMITED WARRANTIES AND SPECIAL
PROVISIONS PERTAINING TO YOUR PARTICULAR
JURISDICTION, PLEASE REFER TO YOUR WARRANTY
BOOKLET INCLUDED WITH THIS PACKAGE OR
PROVIDED WITH THE SOFTWARE PRODUCT
PRINTED MATERIALS.
12. DISCLAIMER OF WARRANTIES. The Limited
Warranty that appears above is the only express warranty
made to you and is provided in lieu of any other express
warranties (if any) created by any documentation,
packaging, or other communications. Except for the Limited
Warranty and to the maximum extent permitted by applicable
law, Microsoft and its suppliers provide the Product and
support services (if any) AS IS AND WITH ALL FAULTS, and
hereby disclaim all other warranties and conditions, either
express, implied or statutory, including, but not limited
to, any (if any) implied warranties, duties or conditions
of merchantability, of fitness for a particular purpose,
of reliability or availability, of accuracy or completeness
of responses, of results, of workmanlike effort, of lack
of viruses, and of lack of negligence, all with regard to
the Product, and the provision of or failure to provide
support or other services, information, software, and
related content through the Product or otherwise arising
out of the use of the Product. ALSO, THERE IS NO WARRANTY
OR CONDITION OF TITLE, QUIET ENJOYMENT,
QUIET POSSESSION, CORRESPONDENCE TO
DESCRIPTION OR NON-INFRINGEMENT WITH
REGARD TO THE PRODUCT.
13. 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, PUNITIVE, 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 PRODUCT, THE PROVISION OF
OR FAILURE TO PROVIDE SUPPORT OR OTHER
SERVICES, INFORMATON, SOFTWARE, AND
RELATED CONTENT THROUGH THE PRODUCT OR
OTHERWISE ARISING OUT OF THE USE OF THE
PRODUCT, OR OTHERWISE UNDER OR IN
CONNECTION WITH ANY PROVISION OF THIS
EULA, 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.
14. LINKS TO THIRD PARTY SITES. You may link
to third party sites through the use of the Product. The
third party sites are not under the control of Microsoft,
and Microsoft is not responsible for the contents of any
third party sites, any links contained in third party
sites, or any changes or updates to third party sites.
Microsoft is not responsible for webcasting or any other
form of transmission received from any third party sites.
Microsoft is providing these links to third party sites to
you only as a convenience, and the inclusion of any link
does not imply an endorsement by Microsoft of the third
party site.
15. 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 EULA and your
exclusive remedy for all of the foregoing (except for any
remedy of repair or replacement elected by Microsoft with
respect to any breach of the Limited Warranty) shall be
limited to the greater of the amount actually paid by you
for the Product or U.S.$5.00. The foregoing limitations,
exclusions and disclaimers (including Sections 11, 12 and
13 above) shall apply to the maximum extent permitted by
applicable law, even if any remedy fails its
essential purpose.
16. U.S. GOVERNMENT LICENSE RIGHTS. All
Product provided to the U.S. Government pursuant to
solicitations issued on or after December 1, 1995 is
provided with the commercial license rights and
restrictions described elsewhere herein. All Product
provided to the U.S. Government pursuant to solicitations
issued prior to December 1, 1995 is provided with
"Restricted Rights" as provided for in FAR, 48 CFR 52.227-14
(JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988),
as applicable.
17. APPLICABLE LAW. If you acquired this Product in the United
States, this EULA is governed by the laws of the State of
Washington. If you acquired this Product in Canada, unless
expressly prohibited by local law, this EULA is governed
by the laws in force in the Province of Ontario, Canada;
and, in respect of any dispute which may arise hereunder,
you consent to the jurisdiction of the federal and
provincial courts sitting in Toronto, Ontario. If this
Product was acquired outside the United States, then local
law may apply.
18. ENTIRE AGREEMENT. This EULA (including
any addendum or amendment to this EULA which is included
with the Product) are the entire agreement between you and
Microsoft relating to the Product and the support services
(if any) and they supersede all prior or contemporaneous
oral or written communications, proposals and
representations with respect to the Product or any other
subject matter covered by this EULA. To the extent the
terms of any Microsoft policies or programs for support
services conflict with the terms of this EULA, the terms
of this EULA shall control.
19. The Product is protected by copyright and other intellectual
property laws and treaties. Microsoft or its suppliers own
the title, copyright, and other intellectual property
rights in the Product. The Product is licensed, not sold.
Post by DFS
END-USER LICENSE AGREEMENT FOR
MICROSOFT SOFTWARE
MICROSOFT WINDOWS SERVER 2003, STANDARD EDITION
MICROSOFT WINDOWS SERVER 2003, ENTERPRISE EDITION
PLEASE READ THIS END-USER
LICENSE AGREEMENT ("EULA") CAREFULLY. BY
INSTALLING OR USING THE SOFTWARE THAT
ACCOMPANIES THIS EULA ("SOFTWARE"), YOU AGREE
TO THE TERMS OF THIS EULA. IF YOU DO NOT
AGREE, DO NOT USE THE SOFTWARE AND, IF
APPLICABLE, RETURN IT TO THE PLACE OF
PURCHASE FOR A FULL REFUND.
THIS SOFTWARE DOES NOT TRANSMIT ANY
PERSONALLY IDENTIFIABLE INFORMATION FROM YOUR
SERVER TO MICROSOFT COMPUTER SYSTEMS WITHOUT
YOUR CONSENT.
1. GENERAL. This EULA is a legal agreement between you (either
an individual or a single entity) and Microsoft Corporation
("Microsoft"). This EULA governs the Software, which
includes computer software (including online and electronic
documentation) and any associated media and printed
materials. This EULA applies to updates, supplements, add
-on components, and Internet-based services components of
the Software that Microsoft may provide or make available
to you unless Microsoft provides other terms with the
update, supplement, add-on component, or Internet-based
services component. Microsoft reserves the right to
discontinue any Internet-based services provided to you or
made available to you through the use of the Software.
This EULA also governs any product support services
relating to the Software except as may be included in
another agreement between you and Microsoft. An amendment
or addendum to this EULA may accompany the Software. The
* "Server Software" provides services or functionality on
your server (your computers capable of running the Server
Software are "Servers"); and
* "Device Software" allows a single personal computer,
workstation, terminal, handheld computer, pager,
telephone, personal digital assistant, or other
electronic device ("Device") to access or use the Server
Software.
2. GRANT OF LICENSE. Microsoft grants you the following rights,
conditioned on your compliance with all the terms and
a. Installation, Server Software. You may install only one
copy of Server Software on a single Server, even if
multiple copies of Server Software (for example, 32-bit and
64-bit versions) are included in the Software. Features
supported on 32-bit and 64-bit versions, including some
features mentioned in this EULA, may not be identical or
available in both versions; please refer to product
documentation for a list of specific features included with
each version. Separate component parts of the Server
Software may not be used on more than one Server. An
additional license is required if you install another copy
of the Server Software on the same Server (whether in a
separate partition, by using server emulation software, or
otherwise) or to install or run a copy of the Server
Software on a different Server (for example, a Server
employed for backup or fail-over support).
b. Processor Rights. You may use Microsoft Windows Server
2003, Standard Edition, with up to four CPUs of the Server
at any one time, or Microsoft Windows Server 2003,
Enterprise Edition, with up to eight CPUs of the Server at
any one time.
c. Installation, Device Software. You may install and use
the Device Software on any Device solely to access or use
the Server Software.
d. Mandatory Activation. To reduce software piracy,
Microsoft requires 32-bit versions of the Server Software
to be activated. Microsoft will not collect any personally
identifiable information from your Server or any Device
during the activation process without your consent.
Activation of your copy of the Software in the manner
described during its setup sequence is required; otherwise,
the license rights granted under this EULA are limited to
the first thirty (30) days after you first install the
Software. You may activate the Software through the use
of the Internet or telephone; toll charges may apply. You
may also need to reactivate the Software if you modify your
computer hardware or alter the Software. If you choose
Internet activation, the Software will contact Microsoft
computer systems over the Internet to conduct an
authentication process to confirm that you have a licensed
copy of the Software. You agree to allow the Software to
conduct this authentication process. If you have an
unlicensed copy of the Software, you are not allowed to
install the Software or future Software updates.
Additional information about activation is available online
at the Microsoft support site.
3. CLIENT ACCESS LICENSES ("CALs"). The
Software licensing model consists of an operating system
license and incremental CALs, so that the total cost for
the Software scales with usage. Several CAL types and
licensing modes are available to suit your individual needs.
a. Windows Server 2003 Client Access License ("Windows CAL")
Requirements. In addition to the license for the Server
Software, you must acquire a Windows CAL for each
individual person ("User") or Device that accesses or uses
the Server Software, whether directly or through a
Multiplexing Service (defined below). For example, a
Windows CAL is required for each User or Device that uses
* authentication services (when user or application
credentials are exchanged between the Server Software
and a User or Device),
* file services (accessing or managing files or disk
storage),
* printing services (printing to a printer managed by the
Server Software), or
* remote access service (accessing the Server from a remote
location through a communications link, including a
virtual private network).
However, you do not need to acquire a Windows CAL for any
User or Device that accesses the Server Software solely
through the Internet and is not authenticated or otherwise
individually distinguished by the Server Software or a
Multiplexing Service (for example, by browsing a public
website anonymously). A "Multiplexing Service" is a software
application or service accessing or using the Server Software
at the request of or on behalf of a User or Device.
Further, you do not need to acquire a Windows CAL for any
User or Device that has a valid Small Business Server
(SBS) 2003 CAL, is accessing Server Software that is not
operating as a domain controller, and is within the same
Small Business Server domain.
b. Types of Windows CALs. Two different types of Windows
CALs are available to you: "Device" and "User." Each
Windows Device CAL permits one Device (used by any User)
to access or use the Server Software. Each Windows User
CAL permits one User (using any Device) to access or use
the Server Software. You may use a mix of Windows Device
CALs and Windows User CALs simultaneously with the Server
Software.
c. Windows CAL Licensing Modes. At your option, you may use
Windows CALs with the Server Software in either "Per Device
or Per User" or "Per Server" mode.
(i) In Per Device or Per User mode, a separate Windows CAL
is required for each Device or User that accesses or
uses Server Software on any of your Servers. If you
choose Per Device or Per User mode, the choice is
permanent. In this mode, you may reassign a Windows
CAL from one Device to another Device, or from one
User to another User, provided the reassignment is
made either (A) permanently away from the one Device
or User or (B) temporarily to accommodate the use of
the Windows CAL by a loaner Device while a permanent
Device is out of service, or the use of the Window CAL
by a temporary worker while a regular employee is absent.
(ii) In Per Server mode, the maximum number of Devices and
Users that may simultaneously access or use Server
Software installed on a particular Server equals the
number of Windows CALs (of either type) that you acquire
and designate for use exclusively with that Server.
You have the one-time right to change your use of the
Server Software from Per Server mode to Per Device or
Per User mode. If you do so, you may apply the same
number of Windows CALs you acquired for use in Per Server
mode in Per Device or Per User mode instead.
d. Terminal Server Client Access License ("TS CAL")
Requirements. In addition to a Windows CAL, if you wish
to conduct a Windows Session, you must acquire a TS CAL for
each User or Device. A "Windows Session" means a session
during which Server Software hosts a graphical user
interface on a Device (whether via the TS component of
the Server Software or via other technology).
e. Types of TS CALs; TS CAL Licensing Modes. Similar to
"Device" and "User." Each TS Device CAL permits one Device
(used by any User) to conduct Windows Sessions on any of
your Servers. Each TS User CAL permits one User (using any
Device) to conduct Windows Sessions on any of your Servers.
You may use a mix of TS Device CALs and TS User CALs
simultaneously with the Server Software.
(i) In Per Device or Per User mode, a separate TS CAL is
required for each Device or User that accesses or uses
Server Software on any of your Servers. You may
reassign a TS CAL from one Device to another Device,
or from one User to another User, provided the
reassignment is made either (A) permanently away from
the one Device or User or (B) temporarily to accommodate
the use of the TS CAL by a loaner Device while a
permanent Device is out of service, or the use of the
TS CAL by a temporary worker while a regular employee
is absent.
(ii) Windows Sessions are not allowed in Per Server mode.
f. Premium Windows Server Services. Microsoft may
subsequently create new software functionality ("Premium
Services") that you may wish to use with this version of
the Software. To make these Premium Services available to
you for use with this version of the Software, Microsoft
may provide them under additional license terms and may
charge additional access license fees for you to install
and use them, if you choose.
g. Additional CAL Requirements.
(i) Single Licensee. Windows CALs, TS CALs, and any
future Premium Services CALs that you acquire may not
be used in conjunction with Server Software licensed
to anyone other than you.
(ii) Version Matching. Each required CAL must be version
Windows Server 2003 or a later version.
(iii) Administration. Up to two Users or Devices may
simultaneously access or use the Server Software solely
for administration of the Server Software, without
acquiring any CALs. You do not need a TS CAL when
attaching to or mirroring the single Console Session.
The "Console Session" is the Windows Session that
is conducted through the designated primary
keyboard and display device (or similar peripherals).
4. DESCRIPTION OF OTHER RIGHTS AND
LIMITATIONS
a. Other Licenses. Your use of software applications
installed on the Server, accessed through the Server, or
providing application-sharing functionality may require
additional licenses. Please consult the license agreement
accompanying such software.
b. Component Data Storage. The 32-bit version of the
Software contains components that use the data storage
technology known as Microsoft SQL Server Desktop Engine
("MSDE"). All copies and instances of MSDE contained in or
installed by those Software components may be used only by
those Software components. Any such copy or instance of
MSDE may not be accessed or used for any other purpose.
For example, applications may not be created or run on the
Software if they access or use the services or
functionality of any copy or instance of MSDE contained in
or installed by those Software components. In addition,
any MSDE network library files that are disabled at the time
you first install the Software may not be re-enabled.
c. Automatic Internet-Based Services. The Software features
described below are enabled by default to connect via the
Internet to Microsoft computer systems automatically,
without separate notice to you. You consent to the
operation of these features, unless you choose to switch
them off or not use them. Microsoft does not obtain
personally identifiable information through any of these
features. For more information about these features,
please see your Software documentation or the Microsoft
online support site.
(i) Windows Update Features. Under the Software's default
configuration, if you connect a device to your Server
and the correct device driver is not available on your
Server, then Windows Update features on your Server
(including Device Manager and the Plug & Play CDM
Module) automatically attempt to check Microsoft
computer systems via the Internet for the correct device
driver. Having this happen automatically makes Plug-and-
Play installation of new hardware a better experience
for customers. You may switch off Windows Update's
automatic driver checking feature.
(ii) Web Content Features. Under the Software's default
configuration, if you are connected to the Internet,
several features of the Software are enabled by default
to retrieve content from Microsoft computer systems
and display it to you. When you activate such a
feature, it uses standard Internet protocols, which
transmit the type of operating system, browser and
language code of your Server to the Microsoft computer
system so that the content can be viewed properly from
your Server. These features only operate when you
activate them, and you may choose to switch them off
or not use them. Examples of these features include
Windows Catalog, Search Assistant, and the Headlines and
Search features of Help and Support Center.
(iii) Digital Certificates. Use of certificates based on
the X.509 standard is an important security feature
of the Software. Certain functions of the X.509
implementation (for example, certificate revocation
checking and certificate path building) connect via
the Internet to computer systems belonging to Microsoft
and other digital certificate authorities to check
the validity of digital certificates that you receive
from third parties during certain Internet-based
operations (for example, communications secured with
SSL or IPsec, mail secured with S/MIME, and smartcard
authentication). In accordance with the X.509 standard,
the Software automatically retrieves user certificates
and certificate revocation lists when you attempt to
access certificate protected content. Additionally,
the Software's Auto Root Update feature will occasionally
update the list of trusted certificate authorities.
Auto Root Update is an optional feature; you can uninstall
it if you do not desire it to function. The other
security operations based on the X.509 standard can be
prevented from operating by blocking Server Internet
access.
(iv) Windows Media Digital Rights Management. Content
providers are using the digital rights management
technology for Windows Media contained in this Software
("WM-DRM") to protect the integrity of their content
("Secure Content") so that their intellectual property,
including copyright, in such content is not
misappropriated. Portions of this Software and third
party applications such as media players use WM-DRM to
play Secure Content ("WM-DRM Software"). If the WM-DRM
Software's security has been compromised, owners of
Secure Content ("Secure Content Owners") may request that
Microsoft revoke the WM-DRM Software's right to copy,
display and/or play Secure Content. Revocation does not
alter the WM-DRM Software's ability to play unprotected
content. A list of revoked WM-DRM Software is sent to
your computer whenever you download a license for Secure
Content from the Internet. Microsoft may, in
conjunction with such license, also download revocation
lists onto your computer on behalf of Secure Content
Owners. Secure Content Owners may also require you
to upgrade some of the WM-DRM components in this
Software ("WM-DRM Upgrades") before accessing their
content. When you attempt to play such content, WM-DRM
Software built by Microsoft will notify you that a
WM-DRM Upgrade is required and then ask for your consent
before the WM-DRM Upgrade is downloaded. WM-DRM
Software built by third parties may do the same. If you
decline the upgrade, you will not be able to access
content that requires the WM-DRM Upgrade; however, you
will still be able to access unprotected content and
Secure Content that does not require the upgrade. WM-DRM
features that access the Internet, such as acquiring new
licenses and/or performing a required WM-DRM Upgrade, can
be switched off. When these features are switched off,
you will still be able to play Secure Content if you have
a valid license for such content already stored on your
computer.
(v) Windows Media Player. Some features of Windows Media
Player automatically contact Microsoft computer systems
if you use Windows Media Player or specific features
of it: features that (A) check for new codecs if your
Server does not have the correct ones for content you
attempt to play (this feature may be switched off),
and (B) check for new versions of Windows Media Player
(this feature will operate only when you are using
Windows Media Player).
d. Benchmark Testing. The 32-bit version of the Software
contain the Microsoft .NET Framework. Disclosure of the
results of any benchmark test of the .NET Framework
component of the Software to any third party without
Microsoft's prior written approval is prohibited.
e. Reservation of Rights; Other Restrictions. The Software is
protected by copyright and other intellectual property laws
and treaties. Microsoft or its suppliers own the title,
copyright, and other intellectual property rights in the
Software. The Software is licensed, not sold. Microsoft
reserves all rights not expressly granted to you in this
EULA. Notwithstanding any other provision in this EULA,
neither this EULA nor any CAL grants a license, under any
Microsoft intellectual property, to implement any
functionality contained in the Software (including without
limitation communication protocols used by the Software)
in any software installed on a Device accessing or
utilizing the Server Software. Reverse engineering,
decompiling, or disassembling the Software
is prohibited, except and only to the extent that such
activity is expressly permitted by applicable law
notwithstanding this limitation. Renting, leasing, or
lending the Software (including providing commercial
hosting services) is also prohibited.
5. PRODUCT SUPPORT SERVICES
a. Rights and Obligations. Microsoft may provide you with
product support services related to the Software. Use
of any such support services is governed by the Microsoft
policies and programs described in the user manual, in
online documentation, on Microsoft's support webpage, or
in other Microsoft-provided materials. Any software
Microsoft may provide you as part of support services are
governed by this EULA, unless separate terms are provided.
This EULA does not obligate Microsoft to provide any
support services or to support any software provided as part
of those services.
b. Consent to Use of Data. You agree that Microsoft and its
affiliates may collect and use technical information
gathered as part of the support services provided to you,
if any, related to the Software. Microsoft may use this
information solely to improve our products or to provide
customized services or technologies to you and will not
disclose this information in a form that personally
identifies you.
6. LINKS TO THIRD PARTY INTERNET SITES. You
may link to third party Internet sites through the use of
the Software. Microsoft does not control the third party
sites, and Microsoft is not responsible for the contents
of any third party sites, any links contained in third
party sites, or any changes or updates to third party
sites. Microsoft is not responsible for web-casting or any
other form of transmission received from any third party
sites. Microsoft is providing you these links to third
party sites to you only as a convenience, and the
inclusion of any link does not imply an endorsement by
Microsoft of the third party site.
7. UPGRADES/DOWNGRADES
a. Software upgrades generally. To use Software identified
as an upgrade by Microsoft, it is required that you be
licensed for the software identified by Microsoft as
eligible for the upgrade. After upgrading, the software
that formed the basis for your upgrade eligibility may no
longer be used. The resulting upgraded Software may be used
only in accordance with the terms of this EULA.
b. Software upgrades for a component of Microsoft BackOffice
Server ("BackOffice Server"). To use any Software as an
upgrade to a component of BackOffice Server, then the
requirements of this paragraph apply in addition to those
in the paragraph above. If you upgrade to the Software
from BackOffice Server, the remaining components may only
be used in accordance with the terms of the Microsoft End
User License Agreement that accompanied BackOffice Server.
After an upgrade of BackOffice Server, all Software must
run on the same Server on which BackOffice Server is
installed, unless the upgrade is an Enterprise Edition,
in which case you may use the Software as stand-alone
software in accordance with the terms of this EULA.
c. Software downgrades. Instead of installing and using the
Server Software, you may install and use one copy of an
earlier version of the Server Software on a single Server,
provided that such earlier version is no earlier than
Windows NT version 4.0, and that you completely remove such
earlier version and install the Server Software within a
reasonable time. Your use of such earlier version shall
be governed by this EULA, where applicable, and your
rights to use such earlier version shall terminate when you
install the current version of Server Software.
d. CAL downgrades. You may use Windows Device CALs and
Windows User CALs with an earlier version of the Software
in accordance with the terms of this EULA. You may use TS
Device CALs, but due to technical incompatibilities not TS
User CALs, with earlier versions of the Software in
accordance with the terms of this EULA.
8. NOT FOR RESALE SOFTWARE. Software
identified as "Not for Resale" or "NFR," may not be sold
or otherwise transferred for value or used for any purpose
other than demonstration, test or evaluation.
9. ACADEMIC EDITION SOFTWARE. To use
Software identified as "Academic Edition" or "AE," you must
be a "Qualified Educational User." For qualification
-related questions, please contact the Microsoft Sales
Information Center/One Microsoft Way/Redmond, WA 98052-6399
or the Microsoft subsidiary serving your country.
10. EXPORT RESTRICTIONS. You acknowledge
that the Software is subject to U.S. export jurisdiction.
You agree to comply with all applicable international and
national laws that apply to the Software, including the
U.S. Export Administration Regulations, as well as end-user,
end-use, and destination restrictions issued by U.S. and
other governments. For additional information see
<http://www.microsoft.com/exporting/>.
11. SOFTWARE TRANSFER-Internal transfer. You may move the
Server Software to a different Server as long as you
permanently remove the software from the initial Server.
Transfer to Third Party. The initial user of the Software
may make a one-time permanent transfer of this EULA and
Software to another end user, provided the initial user retains
no copies of the Software. The transfer must include all of
the Software (including all component parts, the media and
printed materials, any upgrades, this EULA, and, if
applicable, the Certificate of Authenticity). The
transfer may not be an indirect transfer, such as a
consignment. Prior to the transfer, the end user receiving
the Software must agree to all the EULA terms.
12. TERMINATION. Without prejudice to any other rights,
Microsoft may terminate this EULA if you are not in
compliance with all the terms and conditions of this EULA.
In such event, you must destroy all copies of the Software
and all of its component parts.
13. NOTICE REGARDING MPEG-4 VISUAL DECODERS
FOR WINDOWS MEDIA PLAYER. 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.
MPEG LA, L.L.C., has contractually
obligated Microsoft to provide this
notice.
The following Limited Warranty applies if you acquired this
14. LIMITED WARRANTY FOR SOFTWARE ACQUIRED IN
THE US AND CANADA.
Microsoft warrants that the Software will perform
substantially in accordance with the accompanying materials
for a period of ninety (90) days from the date of receipt.
If an implied warranty or condition is created by
your state/jurisdiction and federal or state/provincial law
prohibits disclaimer of it, you also have an implied
warranty or condition, BUT ONLY AS
TO DEFECTS DISCOVERED DURING THE PERIOD
OF THIS LIMITED WARRANTY (NINETY DAYS).
AS TO ANY DEFECTS DISCOVERED AFTER
THE NINETY-DAY PERIOD, THERE IS NO
WARRANTY OR CONDITION OF ANY KIND.
Some states/jurisdictions do not allow limitations on how
long an implied warranty or condition lasts, so the above
limitation may not apply to you.
Any supplements or updates to the Software, including without
limitation, any (if any) service packs or hot fixes
provided to you after the expiration of the ninety-day
Limited Warranty period are not covered by any warranty or
condition, express, implied or statutory.
LIMITATION ON REMEDIES; NO CONSEQUENTIAL
OR OTHER DAMAGES. Your exclusive remedy for any breach of
this Limited Warranty is as set forth below. Except for
any refund elected by Microsoft, YOU ARE NOT ENTITLED TO
ANY DAMAGES, INCLUDING BUT NOT LIMITED
TO CONSEQUENTIAL DAMAGES, if the
Software does not meet Microsoft's Limited Warranty, and,
to the maximum extent allowed by applicable law, even if
any remedy fails of its essential purpose. The terms of
Section 16 ("Exclusion of Incidental, Consequential and
Certain Other Damages") are also incorporated into this
Limited Warranty. Some states/jurisdictions do not allow
the exclusion or limitation of incidental or consequential
damages, so the above limitation or exclusion may not
apply to you. This Limited Warranty gives you specific
legal rights. You may have other rights which vary from
state/jurisdiction to state/jurisdiction.
YOUR EXCLUSIVE REMEDY. Microsoft's and
its suppliers' entire liability and your exclusive remedy
for any breach of this Limited Warranty or for any other
breach of this EULA or for any other liability relating to
the Software shall be, at Microsoft's option from time to
time exercised subject to applicable law, (a) return of the
amount paid (if any) for the Software, or (b) repair or
replacement of the Software, that does not meet this
Limited Warranty and that is returned to Microsoft with a
copy of your receipt. You will receive the remedy elected
by Microsoft without charge, except that you are
responsible for any expenses you may incur (e.g., cost of
shipping the Software to Microsoft). This Limited Warranty
is void if failure of the Software has resulted from
accident, abuse, misapplication, abnormal use or a virus.
Any replacement Software will be warranted for the
remainder of the original warranty period or thirty (30)
days, whichever is longer, and Microsoft will use
commercially reasonable efforts to provide your remedy
within a commercially reasonable time of your compliance
with Microsoft's warranty remedy procedures. Outside
the United States or Canada, neither these remedies nor any
product support services offered by Microsoft are available
without proof of purchase from an authorized international
Microsoft, Attn. Microsoft Sales Information Center/
One Microsoft Way/Redmond, WA 98052-6399, or
the Microsoft subsidiary serving your country.
15. DISCLAIMER OF WARRANTIES. The Limited
Warranty that appears above is the only express warranty
made to you and is provided in lieu of any other express
warranties or similar obligations (if any) created by any
advertising, documentation, packaging, or other
communications. Except for the Limited Warranty and to the
maximum extent permitted by applicable law, Microsoft and
its suppliers provide the Software and support services (if
any) AS IS AND WITH ALL FAULTS, and
hereby disclaim all other warranties and conditions,
whether express, implied or statutory, including, but not
limited to, any (if any) implied warranties, duties or
conditions of merchantability, of fitness for a particular
purpose, of reliability or availability, of accuracy or
completeness of responses, of results, of workmanlike
effort, of lack of viruses, and of lack of negligence, all
with regard to the Software, and 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.
ALSO, THERE IS NO WARRANTY OR CONDITION
OF TITLE, QUIET ENJOYMENT, QUIET
POSSESSION, CORRESPONDENCE TO DESCRIPTION
OR NON-INFRINGEMENT WITH REGARD TO THE
SOFTWARE.
16. 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, PUNITIVE, 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 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 SOFTWARE, THE PROVISION OF OR
FAILURE TO PROVIDE SUPPORT OR OTHER
SERVICES, INFORMATION, SOFTWARE, AND
RELATED CONTENT THROUGH THE SOFTWARE,
OR OTHERWISE UNDER OR IN CONNECTION WITH
ANY PROVISION OF THIS EULA, EVEN IN THE
EVENT OF THE FAULT, TORT (INCLUDING
NEGLIGENCE), MISREPRESENTATION,
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.
17. LIMITATION OF LIABILITY AND REMEDIES.
NOTWITHSTANDING ANY DAMAGES THAT YOU
MIGHT INCUR FOR ANY REASON WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, ALL
DAMAGES REFERENCED HEREIN AND ALL
DIRECT OR GENERAL DAMAGES IN CONTRACT
OR ANYTHING ELSE), THE ENTIRE LIABILITY
OF MICROSOFT AND ANY OF ITS SUPPLIERS
UNDER ANY PROVISION OF THIS EULA AND
YOUR EXCLUSIVE REMEDY HEREUNDER (EXCEPT
FOR ANY REMEDY OF REPAIR OR REPLACEMENT
ELECTED BY MICROSOFT WITH RESPECT TO
ANY BREACH OF THE LIMITED WARRANTY)
SHALL BE LIMITED TO THE GREATER OF THE
ACTUAL DAMAGES YOU INCUR IN REASONABLE
RELIANCE ON THE SOFTWARE UP TO THE
AMOUNT ACTUALLY PAID BY YOU FOR THE
SOFTWARE OR US$5.00. THE FOREGOING
LIMITATIONS, EXCLUSIONS AND DISCLAIMERS
(INCLUDING SECTIONS 15, 16, AND 17) SHALL
APPLY TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, EVEN IF ANY REMEDY FAILS
ITS ESSENTIAL PURPOSE.
18. U.S. GOVERNMENT LICENSE RIGHTS. All
Software provided to the U.S. Government pursuant to
solicitations issued on or after December 1, 1995, is
provided with the commercial license rights and
restrictions described elsewhere herein. All Software
provided to the U.S. Government pursuant to solicitations
issued prior to December 1, 1995, is provided with
"Restricted Rights" as provided for in FAR, 48 CFR
52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013
(OCT 1988), as applicable.
19. APPLICABLE LAW. If you acquired this Software in the United
States, this EULA is governed by the laws of the State of
Washington. If you acquired this Software in Canada,
unless expressly prohibited by local law, this EULA is
governed by the laws in force in the Province of Ontario,
Canada; and, in respect of any dispute which may arise
hereunder, you consent to the jurisdiction of the federal
and provincial courts sitting in Toronto, Ontario. If you
acquired this Software in the European Union, Iceland,
Norway, or Switzerland, then local law applies. If you
acquired this Software in any other country, then local law
may apply.
20. ENTIRE AGREEMENT; SEVERABILITY. This
EULA (including any addendum or amendment to this EULA
which is included with the Software) are the entire
agreement between you and Microsoft relating to the
Software and the Support Services (if any) and they
supersede all prior or contemporaneous oral or written
communications, proposals and representations with respect
to the Software or any other subject matter covered by this
EULA. To the extent the terms of any Microsoft policies
or programs for support services conflict with the terms
of this EULA, the terms of this EULA shall control unless
the parties otherwise agree in writing. If any provision
of this EULA is held to be void, invalid, unenforceable or
illegal, the other provisions shall continue in full
force and effect.
Si vous avez acquis votre produit Microsoft au CANADA, la
GARANTIE LIMITÉE
Microsoft garantit que le Logiciel fonctionnera conformément aux
documents inclus pendant une période de 90 jours suivant la date
de réception.
Si une garantie ou condition implicite est créée par votre État
ou votre territoire et qu'une loi fédérale ou provinciale ou d'un
État en interdit le déni, vous jouissez également d'une garantie
ou condition implicite, MAIS UNIQUEMENT POUR
LES DÉFAUTS DÉCOUVERTS DURANT LA PÉRIODE DE
LA PRÉSENTE GARANTIE LIMITÉE (QUATRE-VINGT
-DIX JOURS). IL N'Y A AUCUNE GARANTIE OU
CONDITION DE QUELQUE NATURE QUE CE SOIT QUANT
AUX DÉFAUTS DÉCOUVERTS APRÈS CETTE PÉRIODE DE
QUATRE-VINGT-DIX JOURS. Certains États ou
territoires ne permettent pas de limiter la durée d'une garantie
ou condition implicite de sorte que la limitation ci­dessus peut
ne pas s'appliquer à vous.
Tous les suppléments ou toutes les mises à jour relatifs au
Logiciel, notamment, les ensembles de services ou les réparations
à chaud (le cas échéant) qui vous sont fournis après l'expiration
de la période de quatre-vingt-dix jours de la garantie limitée ne
sont pas couverts par quelque garantie ou condition que ce soit,
expresse, implicite ou en vertu de la loi.
LIMITATION DES RECOURS; ABSENCE DE DOMMAGES
INDIRECTS OU AUTRES. Votre recours exclusif pour toute violation
de la présente garantie limitée est décrit ci­après. Sauf pour
tout remboursement au choix de Microsoft, si le Logiciel ne
respecte pas la garantie limitée de Microsoft et, dans la mesure
maximale permise par les lois applicables, même si tout recours
n'atteint pas son but essentiel, VOUS N'AVEZ DROIT À AUCUNS
DOMMAGES, NOTAMMENT DES DOMMAGES INDIRECTS.
Les termes de la clause "Exclusion des dommages accessoires,
indirects et de certains autres dommages " sont également
intégrées à la présente garantie limitée. Certains États ou
territoires ne permettent pas l'exclusion ou la limitation des
dommages indirects ou accessoires de sorte que la limitation ou
l'exclusion ci­dessus peut ne pas s'appliquer à vous. La présente
garantie limitée vous donne des droits légaux spécifiques. Vous
pouvez avoir d'autres droits qui peuvent varier d'un territoire
ou d'un État à un autre.
VOTRE RECOURS EXCLUSIF. La seule
responsabilité obligation de Microsoft et de ses fournisseurs et
votre recours exclusif pour toute violation de la présente
garantie limitée ou pour toute autre violation du présent contrat
ou pour toute autre responsabilité relative au Logiciel seront,
selon le choix de Microsoft exercé de temps à autre sous réserve
de toute loi applicable, a) le remboursement du prix payé, le cas
échéant, pour le Logiciel ou b) la réparation ou le remplacement
du Logiciel qui ne respecte pas la présente garantie limitée et
qui est retourné à Microsoft avec une copie de votre reçu. Vous
recevrez la compensation choisie par Microsoft, sans frais, sauf
que vous êtes responsable des dépenses que vous pourriez engager
(p. ex., les frais d'envoi du Logiciel à Microsoft). La présente
garantie limitée est nulle si la défectuosité du Logiciel est
causée par un accident, un usage abusif, une mauvaise
application, un usage anormal ou un virus. Tout Logiciel de
remplacement sera garanti pour le reste de la période initiale de
la garantie ou pendant trente (30) jours, selon la plus longue
entre ces deux périodes. À l'extérieur des États-Unis ou du
Canada, ces recours ou l'un quelconque des services de soutien
technique offerts par Microsoft ne sont pas disponibles sans
preuve d'achat d'une source internationale autorisée. Pour
exercer votre recours, vous devez communiquer avec Microsoft et
vous adresser au Microsoft Sales Information Center/One Microsoft
Way/Redmond, WA 98052-6399, ou à la filiale de Microsoft de votre
pays.
DÉNI DE GARANTIES. La garantie limitée qui apparaît ci-dessus
constitue la seule garantie expresse qui vous est donnée et
remplace toutes autres garanties expresses (s'il en est) crées
par une publicité, un document, un emballage ou une autre
communication. Sauf en ce qui a trait à la garantie limitée et
dans la mesure maximale permise par les lois applicables, le
Logiciel et les services de soutien technique (le cas échéant)
sont fournis TELS QUELS ET AVEC TOUS LES
DÉFAUTS par Microsoft et ses fournisseurs, lesquels par les
présentes dénient toutes autres garanties et conditions
expresses, implicites ou en vertu de la loi, notamment, mais sans
limitation, (le cas échéant) les garanties, devoirs ou conditions
implicites de qualité marchande, d'adaptation à une fin
particulière, de fiabilité ou de disponibilité, d'exactitude ou
d'exhaustivité des réponses, des résultats, des efforts déployés
selon les règles de l'art, d'absence de virus et d'absence de
négligence, le tout à l'égard du Logiciel et de la prestation ou
de l'omission de la prestation des services de soutien technique
ou à l'égard de la fourniture ou de l'omission de la fourniture
de tous autres services, renseignements, logiciels, et contenu
qui s'y rapporte grâce au Logiciel ou provenant autrement de
l'utilisation du Logiciel. PAR AILLEURS, IL N'Y A AUCUNE
GARANTIE OU CONDITION QUANT AU TITRE DE
PROPRIÉTÉ, À LA JOUISSANCE OU LA POSSESSION
PAISIBLE, À LA CONCORDANCE À UNE DESCRIPTION
NI QUANT À UNE ABSENCE DE CONTREFAÇON
CONCERNANT LE LOGICIEL.
EXCLUSION DES DOMMAGES ACCESSOIRES, INDIRECTS
ET DE CERTAINS AUTRES DOMMAGES. DANS LA
MESURE MAXIMALE PERMISE PAR LES LOIS
APPLICABLES, EN AUCUN CAS MICROSOFT OU SES
FOURNISSEURS NE SERONT RESPONSABLES DES
DOMMAGES SPÉCIAUX, CONSÉCUTIFS, ACCESSOIRES
OU INDIRECTS DE QUELQUE NATURE QUE CE SOIT
(NOTAMMENT, LES DOMMAGES À L'ÉGARD DU MANQUE
À GAGNER OU DE LA DIVULGATION DE
RENSEIGNEMENTS CONFIDENTIELS OU AUTRES, DE LA
PERTE D'EXPLOITATION, DE BLESSURES
CORPORELLES, DE LA VIOLATION DE LA VIE
PRIVÉE, DE L'OMISSION DE REMPLIR TOUT DEVOIR,
Y COMPRIS D'AGIR DE BONNE FOI OU D'EXERCER UN
SOIN RAISONNABLE, DE LA NÉGLIGENCE ET DE
TOUTE AUTRE PERTE PÉCUNIAIRE OU AUTRE PERTE
DE QUELQUE NATURE QUE CE SOIT) SE RAPPORTANT
DE QUELQUE MANIÈRE QUE CE SOIT À
L'UTILISATION DU LOGICIEL OU À L'INCAPACITÉ
DE S'EN SERVIR, À LA PRESTATION OU À
L'OMISSION DE LA PRESTATION DE SERVICES DE
SOUTIEN TECHNIQUE OU À LA FOURNITURE OU À
L'OMISSION DE LA FOURNITURE DE TOUS AUTRES
SERVICES, RENSEIGNEMENTS, LOGICIELS, ET
CONTENU QUI S'Y RAPPORTE GRÂCE AU LOGICIEL
OU PROVENANT AUTREMENT DE L'UTILISATION DU
LOGICIEL OU AUTREMENT AUX TERMES DE TOUTE
DISPOSITION DE LA PRÉSENTE CONVENTION OU
RELATIVEMENT À UNE TELLE DISPOSITION, MÊME EN
CAS DE FAUTE, DE DÉLIT CIVIL (Y COMPRIS LA
NÉGLIGENCE), DE RESPONSABILITÉ STRICTE, DE
VIOLATION DE CONTRAT OU DE VIOLATION DE
GARANTIE DE MICROSOFT OU DE TOUT FOURNISSEUR
ET MÊME SI MICROSOFT OU TOUT FOURNISSEUR A
ÉTÉ AVISÉ DE LA POSSIBILITÉ DE TELS DOMMAGES.
LIMITATION DE RESPONSABILITÉ ET RECOURS.
MALGRÉ LES DOMMAGES QUE VOUS PUISSIEZ SUBIR
POUR QUELQUE MOTIF QUE CE SOIT (NOTAMMENT,
MAIS SANS LIMITATION, TOUS LES DOMMAGES
SUSMENTIONNÉS ET TOUS LES DOMMAGES DIRECTS OU
GÉNÉRAUX OU AUTRES), LA SEULE RESPONSABILITÉ
DE MICROSOFT ET DE L'UN OU L'AUTRE DE SES
FOURNISSEURS AUX TERMES DE TOUTE DISPOSITION
DE LA PRÉSENTE CONVENTION ET VOTRE RECOURS
EXCLUSIF À L'ÉGARD DE TOUT CE QUI PRÉCÈDE
(SAUF EN CE QUI CONCERNE TOUT RECOURS DE
RÉPARATION OU DE REMPLACEMENT CHOISI PAR
MICROSOFT À L'ÉGARD DE TOUT MANQUEMENT À LA
GARANTIE LIMITÉE) SE LIMITE AU PLUS ÉLEVÉ
ENTRE LES MONTANTS SUIVANTS : LE MONTANT QUE
VOUS AVEZ RÉELLEMENT PAYÉ POUR LE LOGICIEL OU
5,00 $US. LES LIMITES, EXCLUSIONS ET DÉNIS
QUI PRÉCÈDENT (Y COMPRIS LES CLAUSES CI
-DESSUS), S'APPLIQUENT DANS LA MESURE
MAXIMALE PERMISE PAR LES LOIS APPLICABLES,
MÊME SI TOUT RECOURS N'ATTEINT PAS SON
BUT ESSENTIEL.
À moins que cela ne soit prohibé par le droit local applicable,
la présente Convention est régie par les lois de la province
d'Ontario, Canada. Vous consentez à la compétence des tribunaux
fédéraux et provinciaux siégeant à Toronto, dans la
province d'Ontario.
Au cas où vous auriez des questions concernant cette licence ou
que vous désiriez vous mettre en rapport avec Microsoft pour
quelque raison que ce soit, veuillez utiliser l'information
contenue dans le Logiciel pour contacter la filiale de Microsoft
desservant votre pays, ou visitez Microsoft sur le World Wide Web
à http://www.microsoft.com.
The following MICROSOFT GUARANTEE applies to you if you
Statutory rights not affected - The following guarantee is not
restricted to any territory and does not affect any statutory
rights that you may have from your reseller or from Microsoft if
you acquired the Software directly from Microsoft. If you
acquired the Software or any support services in Australia, New
Zealand or Malaysia, please see the "Consumer rights"
section below.
The guarantee - The Software is designed and offered as
a general-purpose software, not for any user's particular
purpose. You accept that no Software is error free and you are
strongly advised to back-up your files regularly. Provided that
you have a valid license, Microsoft guarantees that (a) for a
period of 90 days from the date of receipt of your license to use
the Software or the shortest period permitted by applicable law
it will perform substantially in accordance with the written
materials that accompany the Software; and (b) any support
services provided by Microsoft shall be substantially as
described in applicable written materials provided to you by
Microsoft and Microsoft support engineers will use reasonable
efforts, care and skill to solve any problem issues. In the
event that the Software fails to comply with this guarantee,
Microsoft will either (a) repair or replace the Software or (b)
return the price you paid. This guarantee is void if failure of
the Software results from accident, abuse or misapplication. Any
replacement Software will be guaranteed for the remainder of the
original guarantee period or 30 days, whichever period is longer.
You agree that the above guarantee is your sole guarantee in
relation to the Software and any support services.
Exclusion of All Other Terms - To the maximum extent permitted by
applicable law and subject to the guarantee above, Microsoft
disclaims all warranties, conditions and other terms, either
express or implied (whether by statute, common law, collaterally
or otherwise) including but not limited to implied warranties of
satisfactory quality and fitness for particular purpose with
respect to the Software and the written materials that accompany
the Software. Any implied warranties that cannot be excluded are
limited to 90 days or to the shortest period permitted by
applicable law, whichever is greater.
Limitation of Liability - To the maximum extent permitted by
applicable law and except as provided in the Microsoft Guarantee,
Microsoft and its suppliers shall not be liable for any damages
whatsoever (including without limitation, damages for loss of
business profits, business interruption, loss of business
information or other pecuniary loss) arising out of the use or
inability to use the Software, even if Microsoft has been advised
of the possibility of such damages. In any case Microsoft's
entire liability under any provision of this Agreement shall be
limited to the amount actually paid by you for the Software.
These limitations do not apply to any liabilities that cannot be
excluded or limited by applicable laws.
Consumer rights - Consumers in Australia, New Zealand or Malaysia
may have the benefit of certain rights and remedies by reason of
the Trade Practices Act and similar state and territory laws in
Australia, the Consumer Guarantees Act in New Zealand and the
Consumer Protection Act in Malaysia in respect of which liability
cannot lawfully be modified or excluded. If you acquired the
Software in New Zealand for the purposes of a business, you
confirm that the Consumer Guarantees Act does not apply. If you
acquired the Software in Australia and if Microsoft breaches a
condition or warranty implied under any law which cannot lawfully
be modified or excluded by this agreement then, to the extent
permitted by law, Microsoft's liability is limited, at
Microsoft's option, to: (i) in the case of the Software: (a)
repairing or replacing the Software; or (b) the cost of such
(a) re-supply of the services; or (b) the cost of having the
services supplied again.
Should you have any questions concerning this EULA, or if you
desire to contact Microsoft for any reason, please use the
address information enclosed in this Software to contact the
Microsoft subsidiary serving your country or visit Microsoft on
the World Wide Web at http://www.microsoft.com.
EULAID:WNET_RM.5_SRV-ENT_RTL_EN
Post by Rex Ballard
Post by DFS
I'll be waiting.
Sorry to keep you waiting further.
I'm patient, but I do have a genetically-determined end of life that will
probably arive within the next 60 years. I predict that this time period is
insufficient for you to provide proof of anything you've stated above.
Rex Ballard
2004-07-29 09:04:26 UTC
Permalink
Post by Frieda Wellington
Post by Rex Ballard
* Storage/Network Use. You may also store or install a copy
of the Product on a storage device, such as a network
server, used only to install or run the Product on your
other Workstation Computers over an internal network;
however, you must acquire and dedicate an additional
license for each separate Workstation Computer on or
from which the Product is installed, used, accessed,
displayed or run. A license for the Product may not be
shared or used concurrently on different Workstation
Computers.
Put simply, if you even have one libarary from Windows sitting on your
Linux box, even if only to be used by other Windows machines, you have
to have an XP license for that box. I think this could even be
interpreted to mean that you would have to have BOTH an XP and Win
2003 license for a Windows 2003 server.
Mind you, this means that if you want to use WINE, VNC, or any other
"Virtual Machine" which executes even one function from even one of
the XP libraries, you much purchase a full license for XP. This again
is illegal bundling, and Microsoft should be forced to license the
libraries separately.
Ummmm, if I buy a machine, do not agree to the EULA, but keep the MS files
and boot Linux on a seperate disk, does this get around a problem like this?
Nope.
Post by Frieda Wellington
This is not a copyright violation, as the copy is blessed by MS and the OEM.
And there is no agreement to the EULA.
Keep in mind that copyright involves two elements. The first is the
declaration of ownership. The second element is the license, which
defines what forms of use are permitted. If there is no license, then
one could depend on the discression of the courts to define "fair
use".

Keep in mind that you can be as generous or as strict as you want.
The License agreement is just that. If you want to use the software,
you must abide by the agreement. If you rent a movie, you have a
license to view it, at home, by yourself or with your family. You do
not have a license to show it in a theater. If you decide to get a
big screen TV, and start charging admission, you could face a $250,000
fine, imprisonment, or both, for each violation.

Show 5 movies, 5 times, to paying audiences of 5 people, you could be
facing a life sentence.
Post by Frieda Wellington
Post by Rex Ballard
* Reservation of Rights. Microsoft reserves all rights not
expressly granted to you in this EULA.
2. UPGRADES. To use a Product identified as an upgrade, you must
first be licensed for the product identified by Microsoft
as eligible for the upgrade. After upgrading, you may no
longer use the product that formed the basis for your
upgrade eligibility.
Meaning that if you were using Windows 2000, and you decided that you
hated Windows XP and wanted to go back to Windows 2000, you couldn't.
The same is true with Windows 98. This means that if you decided that
you wanted to go back to Windows 98 and run those libraries under
WINE, you couldn't. The Windows 9x license was nullified the minute
you performed the first upgrade.
This again is a direct effort to prevent those who already own
legitimate Windows 9x licenses from switching to Linux, installing
WINE, and running their Windows software under WINE.
3. ADDITIONAL SOFTWARE/SERVICES. This EULA
applies to updates, supplements, add-on components,
or Internet-based services components, of the Product that
Microsoft may provide to you or make available to you after
the date you obtain your initial copy of the Product,
unless we provide other terms along with the update,
supplement, add-on component, or Internet-based services
component. Microsoft reserves the right to discontinue any
Internet-based services provided to you or made available
to you through the use of the Product. This EULA does not
grant you any rights to use the Windows Media Format
Software Development Kit ("WMFSDK") components contained
in the Product to develop a software application that uses
Windows Media technology. If you wish to use the WMFSDK
to develop such an application, visit
http://msdn.microsoft.com/workshop/imedia/windowsmedia/sdk/wmsdk.asp,
accept a separate license for the WMFSDK, download the
appropriate WMFSDK, and install it on your system.
Put simply, you can't write software for Windows XP just because you
own an XP machine. You have to pay more to write software. In fact,
you aren't even allowed to develop applications for YOURSELF or your
own employer.
4. TRANSFER-Internal. You may move the Product to a different
Workstation Computer. After the transfer, you must
completely remove the Product from the former Workstation
Computer.
There is an irony here: You can transfer the software to another
computer, but unless you purchased a "white box", you already have
a license on the other computer. At the same time, Microsoft assumes
that all "White Box" computers are merely systems used by those who
Pirate Microsoft's software.
Microsoft does not allow corporate customers to transfer from one box
to
another. In fact, if a corporation gives the PC to charity, with no
operating system (or running Linux), Microsoft claims that the
Corporate customer forfeits it's license and the charity can get a
free upgrade or new installation media.
Transfer to Third Party. The initial user of the
Product may make a one-time transfer of the Product to
another end user. The transfer has to include all
component parts, media, printed materials, this EULA, and
if applicable, the Certificate of Authenticity.
If you have one of those stickers on the bottom or back of your
computer,
you pretty much have to give them the whole computer. Notice that you
can only make one transfer. If you purchase a floor demo, you can't
give it away or sell it, without violating the EULA.
Maybe Microsoft is trying to appease the OEMs. If you can only pass
it on once, then the resale customer has to keep it or junk it.
The transfer may not be an indirect transfer, such as a
consignment. Prior to the transfer, the end user receiving
the transferred Product must agree to all the EULA terms.
No Rental. You may not rent, lease, lend or provide
commercial hosting services to third parties with the
Product.
There, that pretty much spells it out. You can't have 3 people share
a PC if they are employees. This would constitute hosting services,
therefore they would be in violation of the EULA. You can't even
legally use your workstation as a web server to others within your
company. Remember, the workstation EULA permits "File and Print"
services ONLY.
5. LIMITATION ON REVERSE ENGINEERING,
DECOMPILATION, AND DISASSEMBLY. You may
not reverse engineer, decompile, or disassemble the
Product, except and only to the extent that it is expressly
permitted by applicable law notwithstanding this
limitation.
Pretty much, Microsoft is saying that even if they deliberately
sabotage your code, they will file motions claiming that you are
in violation of the EULA because you attempted to find out what they
did wrong. If a judge in a specific circuit court feels that this
was a legitimate case of fair use and discovery, then that ruling is
only good for that case, in that courtroom. This has been ruled to be
obstruction of justice by numerous judges, but Microsoft clings to it
rabidly.
6. TERMINATION. Without prejudice to any other rights, Microsoft
may cancel this EULA if you do not abide by the terms and
conditions of this EULA, in which case you must destroy all
copies of the Product and all of its component parts.
This seems fair enough on the surface. However, we have already seen
how easily one can violate the terms of the agreement. Too many
connections, too many accesses, stored in the wrong place, shared by a
co-worker,... which pretty much means that Microsoft can pull the plug
any time it feels like it.
7. DESCRIPTION OF OTHER RIGHTS AND
LIMITATIONS.
* NetMeeting/Remote Assistance/Remote Desktop Features. The
Product contains NetMeeting, Remote Assistance, and
Remote Desktop technologies that enable the Product or
other applications installed on the Workstation Computer
to be used remotely between two or more computers, even
if the Product or application is installed on only one
Workstation Computer. You may use NetMeeting, Remote
Assistance, and Remote Desktop with all Microsoft products;
provided however, use of these technologies with
certain Microsoft products may require an additional
license. For Microsoft and non-Microsoft products, you
should consult the license agreement accompanying the
applicable product or contact the applicable licensor
to determine whether use of NetMeeting, Remote
Assistance, or Remote Desktop is permitted without an
additional license.
Here we have the big one. You can only use Microsoft products to
access the Microsoft desktop using a Microsoft workstation. Even if
you had previously been using Carbon copy, PC-Anywhere, or VNC, you
are now legally in violation of the EULA. Of course, this clause is
illegal, but the court must establish a ruling on that before you can
be assured that Microsoft can't hit you for a new bill.
Keep in mind, that once Microsoft revokes your right to use the
software, you have to purchase it again to use it again. This means
that Microsoft could decide that because you used Carbon Copy, you
would not only have to switch to the Microsoft product, but you would
also have to Pay for the new Windows license.
Sorry, it was running really late - and is again.
Post by Frieda Wellington
Post by Rex Ballard
* Consent to Use of Data. You agree that Microsoft and its
affiliates may collect and use technical information
gathered in any manner as part of the product support
services provided to you, if any, related to the Product.
Microsoft may use this information solely to improve
our products or to provide customized services or
technologies to you. Microsoft may disclose this
information to others, but not in a form that personally
identifies you.
Put very simply, Microsoft has the right to probe your computer, to
see what you are running, so that they can create a bundleware version
controlled by Microsoft. Microsoft knows who you are, but they won't
tell others.

The key phrase here is that Microsoft can provide customized services
or technologies to you. That could mean anything from shoveling
spyware into your machine, to grabbing your credit card information to
"help you" automate payments to Microsoft and other "prefered
partners".

Keep in mind that if you did not agree to the EULA, such activity
would be illegal. Instead, this means that pretty much anything
Microsoft does with your machine, so long as it fits one of those
three definitions, as defined by Microsoft, it's legal. If they want
to "clean" your hard drive, purging evil "viruses" like Linux,
Netscape, or anything else it doesn't like.

When Microsoft bundled IE with Windows 95, they also took actions
which were destructive. This included wiping OS/2 or Linux boot
managers. Upgrades to IE made IE the default browser, and it took
Netscape several weeks to come up with countermeasures to defeat the
sabotage.

Microsoft even deliberatly crashed itself, exploiting well-known bugs
in Cyrix and Intel chips (F0 0F), which in some cases even caused
hardware damage. Microsoft only relented when the judge decided that
the NDA which Microsoft claimed prevented IBM from presenting as
evidence, was obstruction of justice.

Microsoft released Windows NT 4.0 Service pack 3, almost immediately
after the judge approved the settlement. Even though the record
showed that Microsoft was malicious and sabotaged the computer, the
final settlement made no claim that Microsoft did anything wrong.
Post by Frieda Wellington
Post by Rex Ballard
* Internet Gaming/Update Features. If you choose to utilize
the Internet gaming or update features within the
Product, it is necessary to use certain computer system,
hardware, and software information to implement the
features.
This means that Microsoft can probe to make sure you're not running
under VMWare. If you are they can "enhance" the system - by rigging
it to crash.
You agreed to it with this clause.
Post by Frieda Wellington
Post by Rex Ballard
By using these features, you explicitly
authorize Microsoft or its designated agent to access
and utilize the necessary information for Internet gaming
and/or updating purposes. Microsoft may use this
information solely to improve our products or to provide
customized services or technologies to you. Microsoft
may disclose this information to others, but not in a
form that personally identifies you.
Blowing up VMWare is a "product improvement", just like adding a web
browser
is an "operating system enhancement". Blowing away WINE is also a
"product improvement".

Keep in mind that Microsoft can provide "anonymous" information, but
keep it linked only to your serial number, or other identification
number. But of course, since this number is also included in any
Microsodft word documents you send as e-mail attachments, this can be
very useful government agencies, employers, or anyone else who
receieves such attachments.
Post by Frieda Wellington
Post by Rex Ballard
* Internet-Based Services Components. The Product contains
components that enable and facilitate the use of certain
Internet-based services. You acknowledge and agree that
Microsoft may automatically check the version of the
Product and/or its components that you are utilizing
and may provide upgrades or fixes to the Product that
will be automatically downloaded to your Workstation
Computer.
This is your "blank check" clause. Microsoft can check every piece of
software on your PC, and give you "upgrades", including Microsoft
versions of similar products, as "upgrades" to a competitor's product.
If you install RealNetworks media software or WinAmp, Microsoft
"upgrade" you to Windows Media Player, make that the default viewer,
and can automatically make that "upgrade" every time you try to
"downgrade".
Post by Frieda Wellington
Post by Rex Ballard
* Security Updates. Content providers are using the digital
rights management technology ("Microsoft DRM") contained
in this Product to protect the integrity of their content
("Secure Content") so that their intellectual property,
including copyright, in such content is not misappropriated.
This is a good one. Looking at the header, it looks like they are
offering to help you be more secure from other threats, such as
hackers and viruses. Instead, they are promising to really mess up
your machine if you try to circumvent copy protection, encryption, and
related technologies.
Post by Frieda Wellington
Post by Rex Ballard
Owners of
such Secure Content ("Secure Content Owners") may, from
time to time, request Microsoft to provide security
related updates to the Microsoft DRM components of the
Product ("Security Updates") that may affect your ability
to copy, display and/or play Secure Content through
Microsoft software or third party applications that
utilize Microsoft DRM. You therefore agree that, if
you elect to download a license from the Internet which
enables your use of Secure Content, Microsoft may, in
conjunction with such license, also download onto your
computer such Security Updates that a Secure Content
Owner has requested that Microsoft distribute. Microsoft
will not retrieve any personally identifiable
information, or any other information, from your computer
by downloading such Security Updates.
Again, this means that Microsoft can capture your key, which can then
be related to other information. Since the key is not "personal
information" but rather, simply a key, it uniquely identifies you. On
the other hand, since you have to use that key to access DRM content,
the vendor now knows more about you. This information can also be
used by law enforcement, without a warrant, simply by using the
publicly available link between the DRM key and the use of that key
with a subscriber service that does collect personal information.

All those porno sites you visit, easily discovered.
Post by Frieda Wellington
Post by Rex Ballard
8. NOT FOR RESALE SOFTWARE. Product
identified as "Not for Resale" or "NFR," may not be resold,
transferred or used for any purpose other than
demonstration, test or evaluation.
Notice that this includes any software on your company workstation, or
any software included in a machine licensed by the OEM. You will see
the "not for resale" on most media provided by the OEM.
Post by Frieda Wellington
Post by Rex Ballard
9. ACADEMIC EDITION SOFTWARE. To use
Product identified as "Academic Edition" or "AE," you must
be a "Qualified Educational User." For qualification-
related questions, please contact the Microsoft Sales
Information Center/One Microsoft Way/Redmond, WA 98052-6399
or the Microsoft subsidiary serving your country.
This is a good one. Lots of people got "academic upgrade" software.
But if you don't have an ID from a high school, university, or
approved trade school, then you are in violation. When you graduate,
you have to pay full price for the product. Remember that PC you got
for college? Legally, you still owe Microsoft for a full version of
Windows - about $400.
Post by Frieda Wellington
Post by Rex Ballard
10. EXPORT RESTRICTIONS.
You acknowledge that the Product is of U.S. origin and
subject to U.S. export jurisdiction. You agree to comply
with all applicable international and national laws that
apply to the Product, including the U.S. Export
Administration Regulations, as well as end-user, end-use,
and destination restrictions issued by U.S. and other
governments. For additional information see
<http://www.microsoft.com/exporting/>.
This isn't even Microsoft's choice. Again, this means that you have
to used approved CAs, and are restricted in communications to
outsiders - a 128 bit triple-des key to Afghanistan, using self-signed
certs should get you in a heap of trouble, and could mean that you
have to pay another $400 to Microsoft.
Post by Frieda Wellington
Post by Rex Ballard
11. LIMITED WARRANTY FOR PRODUCT ACQUIRED IN
THE US AND CANADA.
Microsoft warrants that the Product will perform
substantially in accordance with the accompanying
materials for a period of ninety days from the date of
receipt.
If an implied warranty or condition is created by
your state/jurisdiction and federal or state/provincial law
prohibits disclaimer of it, you also have an implied
warranty or condition, BUT ONLY AS
TO DEFECTS DISCOVERED DURING THE PERIOD
OF THIS LIMITED WARRANTY (NINETY DAYS).
AS TO ANY DEFECTS DISCOVERED AFTER THE
NINETY (90) DAY PERIOD, THERE IS NO
WARRANTY OR CONDITION OF ANY KIND.
Some states/jurisdictions do not allow limitations on how
long an implied warranty or condition lasts, so the above
limitation may not apply to you.
This is the fun part. The product isn't guaranteed to do anything,
but if it does something and then stop doing it, you might be entitled
to a reload.

Remember Blue Screen of Death? Just because you keep getting them,
doesn't mean you're entitled to a refund.

Since most OEMs don't give end users installation media, if the box go
south after 90 days, you - or your employer, could be required to pay
another $400 if you attempt to reimage your hard drive.
Post by Frieda Wellington
Post by Rex Ballard
Any supplements or updates to the Product, including without
limitation, any (if any) service packs or hot fixes
provided to you after the expiration of the ninety day
Limited Warranty period are not covered by any warranty or
condition, express, implied or statutory.
If Microsoft tells you to install a security update, an that causes
your PC to crash and BSOD, you will have to fork over another $400.
If you've had the PC for more than 90 days.
Post by Frieda Wellington
Post by Rex Ballard
LIMITATION ON REMEDIES; NO CONSEQUENTIAL
OR OTHER DAMAGES. Your exclusive remedy for any breach
of this Limited Warranty is as set forth below. Except
for any refund elected by Microsoft, YOU ARE NOT ENTITLED
TO ANY DAMAGES, INCLUDING BUT NOT
LIMITED TO CONSEQUENTIAL DAMAGES,
If Microsoft does give you an "enhancement" like trashing you hard
drive,
removing all of your personal files, or otherwise wiping out months of
work, you can't sue Microsoft. You MIGHT be entitled to a free
reinstallation copy (if it's been less than 90 days). Then you will
be required to pay another $400. Microsoft trashes your computer, or
lets NIMDA run on your machine, trashing thousands of machines in your
company, costing $millions or even $billions in correction efforts.
Microsoft will not only not owe you, but you might owe them another
$400 for a reload.
Post by Frieda Wellington
Post by Rex Ballard
if
the Product does not meet Microsoft's Limited Warranty,
and, to the maximum extent allowed by applicable law, even
if any remedy fails of its essential purpose. The terms
of Section 13 below ("Exclusion of Incidental,
Consequential and Certain Other Damages") are also
incorporated into this Limited Warranty. Some states/
jurisdictions do not allow the exclusion or limitation
of incidental or consequential damages, so the above
limitation or exclusion may not apply to you. This
Limited Warranty gives you specific legal rights. You
may have others which vary from state/jurisdiction to
state/jurisdiction. YOUR EXCLUSIVE REMEDY. Microsoft's
and its suppliers' entire liability and your exclusive
remedy shall be, at Microsoft's option from time to time
exercised subject to applicable law, (a) return of the
price paid (if any) for the Product, or (b) repair or
replacement of the Product, that does not meet this
Limited Warranty and that is returned to Microsoft with
a copy of your receipt. You will receive the remedy
elected by Microsoft without charge, except that you are
responsible for any expenses you may incur (e.g. cost of
shipping the Product to Microsoft). This Limited Warranty
is void if failure of the Product has resulted from
accident, abuse, misapplication, abnormal use or a virus.
Any replacement Product will be warranted for the
remainder of the original warranty period or thirty (30)
days, whichever is longer. Outside the United States or
Canada, neither these remedies nor any product support
services offered by Microsoft are available without proof
of purchase from an authorized international source. To
exercise your remedy, contact: Microsoft, Attn. Microsoft
Sales Information Center/One Microsoft Way/Redmond, WA
98052-6399, or the Microsoft subsidiary serving
your country.
LIMITED WARRANTY FOR PRODUCT ACQUIRED
OUTSIDE THE US or CANADA.
FOR THE LIMITED WARRANTIES AND SPECIAL
PROVISIONS PERTAINING TO YOUR PARTICULAR
JURISDICTION, PLEASE REFER TO YOUR WARRANTY
BOOKLET INCLUDED WITH THIS PACKAGE OR
PROVIDED WITH THE SOFTWARE PRODUCT
PRINTED MATERIALS.
12. DISCLAIMER OF WARRANTIES. The Limited
Warranty that appears above is the only express warranty
made to you and is provided in lieu of any other express
warranties (if any) created by any documentation,
packaging, or other communications. Except for the Limited
Warranty and to the maximum extent permitted by applicable
law, Microsoft and its suppliers provide the Product and
support services (if any) AS IS AND WITH ALL FAULTS, and
hereby disclaim all other warranties and conditions, either
express, implied or statutory, including, but not limited
to, any (if any) implied warranties, duties or conditions
of merchantability, of fitness for a particular purpose,
of reliability or availability, of accuracy or completeness
of responses, of results, of workmanlike effort, of lack
of viruses, and of lack of negligence, all with regard to
the Product, and the provision of or failure to provide
support or other services, information, software, and
related content through the Product or otherwise arising
out of the use of the Product. ALSO, THERE IS NO WARRANTY
OR CONDITION OF TITLE, QUIET ENJOYMENT,
QUIET POSSESSION, CORRESPONDENCE TO
DESCRIPTION OR NON-INFRINGEMENT WITH
REGARD TO THE PRODUCT.
13. 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, PUNITIVE, 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 PRODUCT, THE PROVISION OF
OR FAILURE TO PROVIDE SUPPORT OR OTHER
SERVICES, INFORMATON, SOFTWARE, AND
RELATED CONTENT THROUGH THE PRODUCT OR
OTHERWISE ARISING OUT OF THE USE OF THE
PRODUCT, OR OTHERWISE UNDER OR IN
CONNECTION WITH ANY PROVISION OF THIS
EULA, 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.
14. LINKS TO THIRD PARTY SITES. You may link
to third party sites through the use of the Product. The
third party sites are not under the control of Microsoft,
and Microsoft is not responsible for the contents of any
third party sites, any links contained in third party
sites, or any changes or updates to third party sites.
Microsoft is not responsible for webcasting or any other
form of transmission received from any third party sites.
Microsoft is providing these links to third party sites to
you only as a convenience, and the inclusion of any link
does not imply an endorsement by Microsoft of the third
party site.
15. 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 EULA and your
exclusive remedy for all of the foregoing (except for any
remedy of repair or replacement elected by Microsoft with
respect to any breach of the Limited Warranty) shall be
limited to the greater of the amount actually paid by you
for the Product or U.S.$5.00. The foregoing limitations,
exclusions and disclaimers (including Sections 11, 12 and
13 above) shall apply to the maximum extent permitted by
applicable law, even if any remedy fails its
essential purpose.
16. U.S. GOVERNMENT LICENSE RIGHTS. All
Product provided to the U.S. Government pursuant to
solicitations issued on or after December 1, 1995 is
provided with the commercial license rights and
restrictions described elsewhere herein. All Product
provided to the U.S. Government pursuant to solicitations
issued prior to December 1, 1995 is provided with
"Restricted Rights" as provided for in FAR, 48 CFR 52.227-14
(JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988),
as applicable.
17. APPLICABLE LAW. If you acquired this Product in the United
States, this EULA is governed by the laws of the State of
Washington. If you acquired this Product in Canada, unless
expressly prohibited by local law, this EULA is governed
by the laws in force in the Province of Ontario, Canada;
and, in respect of any dispute which may arise hereunder,
you consent to the jurisdiction of the federal and
provincial courts sitting in Toronto, Ontario. If this
Product was acquired outside the United States, then local
law may apply.
18. ENTIRE AGREEMENT. This EULA (including
any addendum or amendment to this EULA which is included
with the Product) are the entire agreement between you and
Microsoft relating to the Product and the support services
(if any) and they supersede all prior or contemporaneous
oral or written communications, proposals and
representations with respect to the Product or any other
subject matter covered by this EULA. To the extent the
terms of any Microsoft policies or programs for support
services conflict with the terms of this EULA, the terms
of this EULA shall control.
19. The Product is protected by copyright and other intellectual
property laws and treaties. Microsoft or its suppliers own
the title, copyright, and other intellectual property
rights in the Product. The Product is licensed, not sold.
Post by DFS
END-USER LICENSE AGREEMENT FOR
MICROSOFT SOFTWARE
MICROSOFT WINDOWS SERVER 2003, STANDARD EDITION
MICROSOFT WINDOWS SERVER 2003, ENTERPRISE EDITION
PLEASE READ THIS END-USER
LICENSE AGREEMENT ("EULA") CAREFULLY. BY
INSTALLING OR USING THE SOFTWARE THAT
ACCOMPANIES THIS EULA ("SOFTWARE"), YOU AGREE
TO THE TERMS OF THIS EULA. IF YOU DO NOT
AGREE, DO NOT USE THE SOFTWARE AND, IF
APPLICABLE, RETURN IT TO THE PLACE OF
PURCHASE FOR A FULL REFUND.
THIS SOFTWARE DOES NOT TRANSMIT ANY
PERSONALLY IDENTIFIABLE INFORMATION FROM YOUR
SERVER TO MICROSOFT COMPUTER SYSTEMS WITHOUT
YOUR CONSENT.
1. GENERAL. This EULA is a legal agreement between you (either
an individual or a single entity) and Microsoft Corporation
("Microsoft"). This EULA governs the Software, which
includes computer software (including online and electronic
documentation) and any associated media and printed
materials. This EULA applies to updates, supplements, add
-on components, and Internet-based services components of
the Software that Microsoft may provide or make available
to you unless Microsoft provides other terms with the
update, supplement, add-on component, or Internet-based
services component. Microsoft reserves the right to
discontinue any Internet-based services provided to you or
made available to you through the use of the Software.
This EULA also governs any product support services
relating to the Software except as may be included in
another agreement between you and Microsoft. An amendment
or addendum to this EULA may accompany the Software. The
* "Server Software" provides services or functionality on
your server (your computers capable of running the Server
Software are "Servers"); and
* "Device Software" allows a single personal computer,
workstation, terminal, handheld computer, pager,
telephone, personal digital assistant, or other
electronic device ("Device") to access or use the Server
Software.
2. GRANT OF LICENSE. Microsoft grants you the following rights,
conditioned on your compliance with all the terms and
a. Installation, Server Software. You may install only one
copy of Server Software on a single Server, even if
multiple copies of Server Software (for example, 32-bit and
64-bit versions) are included in the Software. Features
supported on 32-bit and 64-bit versions, including some
features mentioned in this EULA, may not be identical or
available in both versions; please refer to product
documentation for a list of specific features included with
each version. Separate component parts of the Server
Software may not be used on more than one Server. An
additional license is required if you install another copy
of the Server Software on the same Server (whether in a
separate partition, by using server emulation software, or
otherwise) or to install or run a copy of the Server
Software on a different Server (for example, a Server
employed for backup or fail-over support).
b. Processor Rights. You may use Microsoft Windows Server
2003, Standard Edition, with up to four CPUs of the Server
at any one time, or Microsoft Windows Server 2003,
Enterprise Edition, with up to eight CPUs of the Server at
any one time.
c. Installation, Device Software. You may install and use
the Device Software on any Device solely to access or use
the Server Software.
d. Mandatory Activation. To reduce software piracy,
Microsoft requires 32-bit versions of the Server Software
to be activated. Microsoft will not collect any personally
identifiable information from your Server or any Device
during the activation process without your consent.
Activation of your copy of the Software in the manner
described during its setup sequence is required; otherwise,
the license rights granted under this EULA are limited to
the first thirty (30) days after you first install the
Software. You may activate the Software through the use
of the Internet or telephone; toll charges may apply. You
may also need to reactivate the Software if you modify your
computer hardware or alter the Software. If you choose
Internet activation, the Software will contact Microsoft
computer systems over the Internet to conduct an
authentication process to confirm that you have a licensed
copy of the Software. You agree to allow the Software to
conduct this authentication process. If you have an
unlicensed copy of the Software, you are not allowed to
install the Software or future Software updates.
Additional information about activation is available online
at the Microsoft support site.
3. CLIENT ACCESS LICENSES ("CALs"). The
Software licensing model consists of an operating system
license and incremental CALs, so that the total cost for
the Software scales with usage. Several CAL types and
licensing modes are available to suit your individual needs.
a. Windows Server 2003 Client Access License ("Windows CAL")
Requirements. In addition to the license for the Server
Software, you must acquire a Windows CAL for each
individual person ("User") or Device that accesses or uses
the Server Software, whether directly or through a
Multiplexing Service (defined below). For example, a
Windows CAL is required for each User or Device that uses
* authentication services (when user or application
credentials are exchanged between the Server Software
and a User or Device),
* file services (accessing or managing files or disk
storage),
* printing services (printing to a printer managed by the
Server Software), or
* remote access service (accessing the Server from a remote
location through a communications link, including a
virtual private network).
However, you do not need to acquire a Windows CAL for any
User or Device that accesses the Server Software solely
through the Internet and is not authenticated or otherwise
individually distinguished by the Server Software or a
Multiplexing Service (for example, by browsing a public
website anonymously). A "Multiplexing Service" is a software
application or service accessing or using the Server Software
at the request of or on behalf of a User or Device.
Further, you do not need to acquire a Windows CAL for any
User or Device that has a valid Small Business Server
(SBS) 2003 CAL, is accessing Server Software that is not
operating as a domain controller, and is within the same
Small Business Server domain.
b. Types of Windows CALs. Two different types of Windows
CALs are available to you: "Device" and "User." Each
Windows Device CAL permits one Device (used by any User)
to access or use the Server Software. Each Windows User
CAL permits one User (using any Device) to access or use
the Server Software. You may use a mix of Windows Device
CALs and Windows User CALs simultaneously with the Server
Software.
c. Windows CAL Licensing Modes. At your option, you may use
Windows CALs with the Server Software in either "Per Device
or Per User" or "Per Server" mode.
(i) In Per Device or Per User mode, a separate Windows CAL
is required for each Device or User that accesses or
uses Server Software on any of your Servers. If you
choose Per Device or Per User mode, the choice is
permanent. In this mode, you may reassign a Windows
CAL from one Device to another Device, or from one
User to another User, provided the reassignment is
made either (A) permanently away from the one Device
or User or (B) temporarily to accommodate the use of
the Windows CAL by a loaner Device while a permanent
Device is out of service, or the use of the Window CAL
by a temporary worker while a regular employee is absent.
(ii) In Per Server mode, the maximum number of Devices and
Users that may simultaneously access or use Server
Software installed on a particular Server equals the
number of Windows CALs (of either type) that you acquire
and designate for use exclusively with that Server.
You have the one-time right to change your use of the
Server Software from Per Server mode to Per Device or
Per User mode. If you do so, you may apply the same
number of Windows CALs you acquired for use in Per Server
mode in Per Device or Per User mode instead.
d. Terminal Server Client Access License ("TS CAL")
Requirements. In addition to a Windows CAL, if you wish
to conduct a Windows Session, you must acquire a TS CAL for
each User or Device. A "Windows Session" means a session
during which Server Software hosts a graphical user
interface on a Device (whether via the TS component of
the Server Software or via other technology).
e. Types of TS CALs; TS CAL Licensing Modes. Similar to
"Device" and "User." Each TS Device CAL permits one Device
(used by any User) to conduct Windows Sessions on any of
your Servers. Each TS User CAL permits one User (using any
Device) to conduct Windows Sessions on any of your Servers.
You may use a mix of TS Device CALs and TS User CALs
simultaneously with the Server Software.
(i) In Per Device or Per User mode, a separate TS CAL is
required for each Device or User that accesses or uses
Server Software on any of your Servers. You may
reassign a TS CAL from one Device to another Device,
or from one User to another User, provided the
reassignment is made either (A) permanently away from
the one Device or User or (B) temporarily to accommodate
the use of the TS CAL by a loaner Device while a
permanent Device is out of service, or the use of the
TS CAL by a temporary worker while a regular employee
is absent.
(ii) Windows Sessions are not allowed in Per Server mode.
f. Premium Windows Server Services. Microsoft may
subsequently create new software functionality ("Premium
Services") that you may wish to use with this version of
the Software. To make these Premium Services available to
you for use with this version of the Software, Microsoft
may provide them under additional license terms and may
charge additional access license fees for you to install
and use them, if you choose.
g. Additional CAL Requirements.
(i) Single Licensee. Windows CALs, TS CALs, and any
future Premium Services CALs that you acquire may not
be used in conjunction with Server Software licensed
to anyone other than you.
(ii) Version Matching. Each required CAL must be version
Windows Server 2003 or a later version.
(iii) Administration. Up to two Users or Devices may
simultaneously access or use the Server Software solely
for administration of the Server Software, without
acquiring any CALs. You do not need a TS CAL when
attaching to or mirroring the single Console Session.
The "Console Session" is the Windows Session that
is conducted through the designated primary
keyboard and display device (or similar peripherals).
4. DESCRIPTION OF OTHER RIGHTS AND
LIMITATIONS
a. Other Licenses. Your use of software applications
installed on the Server, accessed through the Server, or
providing application-sharing functionality may require
additional licenses. Please consult the license agreement
accompanying such software.
b. Component Data Storage. The 32-bit version of the
Software contains components that use the data storage
technology known as Microsoft SQL Server Desktop Engine
("MSDE"). All copies and instances of MSDE contained in or
installed by those Software components may be used only by
those Software components. Any such copy or instance of
MSDE may not be accessed or used for any other purpose.
For example, applications may not be created or run on the
Software if they access or use the services or
functionality of any copy or instance of MSDE contained in
or installed by those Software components. In addition,
any MSDE network library files that are disabled at the time
you first install the Software may not be re-enabled.
c. Automatic Internet-Based Services. The Software features
described below are enabled by default to connect via the
Internet to Microsoft computer systems automatically,
without separate notice to you. You consent to the
operation of these features, unless you choose to switch
them off or not use them. Microsoft does not obtain
personally identifiable information through any of these
features. For more information about these features,
please see your Software documentation or the Microsoft
online support site.
(i) Windows Update Features. Under the Software's default
configuration, if you connect a device to your Server
and the correct device driver is not available on your
Server, then Windows Update features on your Server
(including Device Manager and the Plug & Play CDM
Module) automatically attempt to check Microsoft
computer systems via the Internet for the correct device
driver. Having this happen automatically makes Plug-and-
Play installation of new hardware a better experience
for customers. You may switch off Windows Update's
automatic driver checking feature.
(ii) Web Content Features. Under the Software's default
configuration, if you are connected to the Internet,
several features of the Software are enabled by default
to retrieve content from Microsoft computer systems
and display it to you. When you activate such a
feature, it uses standard Internet protocols, which
transmit the type of operating system, browser and
language code of your Server to the Microsoft computer
system so that the content can be viewed properly from
your Server. These features only operate when you
activate them, and you may choose to switch them off
or not use them. Examples of these features include
Windows Catalog, Search Assistant, and the Headlines and
Search features of Help and Support Center.
(iii) Digital Certificates. Use of certificates based on
the X.509 standard is an important security feature
of the Software. Certain functions of the X.509
implementation (for example, certificate revocation
checking and certificate path building) connect via
the Internet to computer systems belonging to Microsoft
and other digital certificate authorities to check
the validity of digital certificates that you receive
from third parties during certain Internet-based
operations (for example, communications secured with
SSL or IPsec, mail secured with S/MIME, and smartcard
authentication). In accordance with the X.509 standard,
the Software automatically retrieves user certificates
and certificate revocation lists when you attempt to
access certificate protected content. Additionally,
the Software's Auto Root Update feature will occasionally
update the list of trusted certificate authorities.
Auto Root Update is an optional feature; you can uninstall
it if you do not desire it to function. The other
security operations based on the X.509 standard can be
prevented from operating by blocking Server Internet
access.
(iv) Windows Media Digital Rights Management. Content
providers are using the digital rights management
technology for Windows Media contained in this Software
("WM-DRM") to protect the integrity of their content
("Secure Content") so that their intellectual property,
including copyright, in such content is not
misappropriated. Portions of this Software and third
party applications such as media players use WM-DRM to
play Secure Content ("WM-DRM Software"). If the WM-DRM
Software's security has been compromised, owners of
Secure Content ("Secure Content Owners") may request that
Microsoft revoke the WM-DRM Software's right to copy,
display and/or play Secure Content. Revocation does not
alter the WM-DRM Software's ability to play unprotected
content. A list of revoked WM-DRM Software is sent to
your computer whenever you download a license for Secure
Content from the Internet. Microsoft may, in
conjunction with such license, also download revocation
lists onto your computer on behalf of Secure Content
Owners. Secure Content Owners may also require you
to upgrade some of the WM-DRM components in this
Software ("WM-DRM Upgrades") before accessing their
content. When you attempt to play such content, WM-DRM
Software built by Microsoft will notify you that a
WM-DRM Upgrade is required and then ask for your consent
before the WM-DRM Upgrade is downloaded. WM-DRM
Software built by third parties may do the same. If you
decline the upgrade, you will not be able to access
content that requires the WM-DRM Upgrade; however, you
will still be able to access unprotected content and
Secure Content that does not require the upgrade. WM-DRM
features that access the Internet, such as acquiring new
licenses and/or performing a required WM-DRM Upgrade, can
be switched off. When these features are switched off,
you will still be able to play Secure Content if you have
a valid license for such content already stored on your
computer.
(v) Windows Media Player. Some features of Windows Media
Player automatically contact Microsoft computer systems
if you use Windows Media Player or specific features
of it: features that (A) check for new codecs if your
Server does not have the correct ones for content you
attempt to play (this feature may be switched off),
and (B) check for new versions of Windows Media Player
(this feature will operate only when you are using
Windows Media Player).
d. Benchmark Testing. The 32-bit version of the Software
contain the Microsoft .NET Framework. Disclosure of the
results of any benchmark test of the .NET Framework
component of the Software to any third party without
Microsoft's prior written approval is prohibited.
e. Reservation of Rights; Other Restrictions. The Software is
protected by copyright and other intellectual property laws
and treaties. Microsoft or its suppliers own the title,
copyright, and other intellectual property rights in the
Software. The Software is licensed, not sold. Microsoft
reserves all rights not expressly granted to you in this
EULA. Notwithstanding any other provision in this EULA,
neither this EULA nor any CAL grants a license, under any
Microsoft intellectual property, to implement any
functionality contained in the Software (including without
limitation communication protocols used by the Software)
in any software installed on a Device accessing or
utilizing the Server Software. Reverse engineering,
decompiling, or disassembling the Software
is prohibited, except and only to the extent that such
activity is expressly permitted by applicable law
notwithstanding this limitation. Renting, leasing, or
lending the Software (including providing commercial
hosting services) is also prohibited.
5. PRODUCT SUPPORT SERVICES
a. Rights and Obligations. Microsoft may provide you with
product support services related to the Software. Use
of any such support services is governed by the Microsoft
policies and programs described in the user manual, in
online documentation, on Microsoft's support webpage, or
in other Microsoft-provided materials. Any software
Microsoft may provide you as part of support services are
governed by this EULA, unless separate terms are provided.
This EULA does not obligate Microsoft to provide any
support services or to support any software provided as part
of those services.
b. Consent to Use of Data. You agree that Microsoft and its
affiliates may collect and use technical information
gathered as part of the support services provided to you,
if any, related to the Software. Microsoft may use this
information solely to improve our products or to provide
customized services or technologies to you and will not
disclose this information in a form that personally
identifies you.
6. LINKS TO THIRD PARTY INTERNET SITES. You
may link to third party Internet sites through the use of
the Software. Microsoft does not control the third party
sites, and Microsoft is not responsible for the contents
of any third party sites, any links contained in third
party sites, or any changes or updates to third party
sites. Microsoft is not responsible for web-casting or any
other form of transmission received from any third party
sites. Microsoft is providing you these links to third
party sites to you only as a convenience, and the
inclusion of any link does not imply an endorsement by
Microsoft of the third party site.
7. UPGRADES/DOWNGRADES
a. Software upgrades generally. To use Software identified
as an upgrade by Microsoft, it is required that you be
licensed for the software identified by Microsoft as
eligible for the upgrade. After upgrading, the software
that formed the basis for your upgrade eligibility may no
longer be used. The resulting upgraded Software may be used
only in accordance with the terms of this EULA.
b. Software upgrades for a component of Microsoft BackOffice
Server ("BackOffice Server"). To use any Software as an
upgrade to a component of BackOffice Server, then the
requirements of this paragraph apply in addition to those
in the paragraph above. If you upgrade to the Software
from BackOffice Server, the remaining components may only
be used in accordance with the terms of the Microsoft End
User License Agreement that accompanied BackOffice Server.
After an upgrade of BackOffice Server, all Software must
run on the same Server on which BackOffice Server is
installed, unless the upgrade is an Enterprise Edition,
in which case you may use the Software as stand-alone
software in accordance with the terms of this EULA.
c. Software downgrades. Instead of installing and using the
Server Software, you may install and use one copy of an
earlier version of the Server Software on a single Server,
provided that such earlier version is no earlier than
Windows NT version 4.0, and that you completely remove such
earlier version and install the Server Software within a
reasonable time. Your use of such earlier version shall
be governed by this EULA, where applicable, and your
rights to use such earlier version shall terminate when you
install the current version of Server Software.
d. CAL downgrades. You may use Windows Device CALs and
Windows User CALs with an earlier version of the Software
in accordance with the terms of this EULA. You may use TS
Device CALs, but due to technical incompatibilities not TS
User CALs, with earlier versions of the Software in
accordance with the terms of this EULA.
8. NOT FOR RESALE SOFTWARE. Software
identified as "Not for Resale" or "NFR," may not be sold
or otherwise transferred for value or used for any purpose
other than demonstration, test or evaluation.
9. ACADEMIC EDITION SOFTWARE. To use
Software identified as "Academic Edition" or "AE," you must
be a "Qualified Educational User." For qualification
-related questions, please contact the Microsoft Sales
Information Center/One Microsoft Way/Redmond, WA 98052-6399
or the Microsoft subsidiary serving your country.
10. EXPORT RESTRICTIONS. You acknowledge
that the Software is subject to U.S. export jurisdiction.
You agree to comply with all applicable international and
national laws that apply to the Software, including the
U.S. Export Administration Regulations, as well as end-user,
end-use, and destination restrictions issued by U.S. and
other governments. For additional information see
<http://www.microsoft.com/exporting/>.
11. SOFTWARE TRANSFER-Internal transfer. You may move the
Server Software to a different Server as long as you
permanently remove the software from the initial Server.
Transfer to Third Party. The initial user of the Software
may make a one-time permanent transfer of this EULA and
Software to another end user, provided the initial user retains
no copies of the Software. The transfer must include all of
the Software (including all component parts, the media and
printed materials, any upgrades, this EULA, and, if
applicable, the Certificate of Authenticity). The
transfer may not be an indirect transfer, such as a
consignment. Prior to the transfer, the end user receiving
the Software must agree to all the EULA terms.
12. TERMINATION. Without prejudice to any other rights,
Microsoft may terminate this EULA if you are not in
compliance with all the terms and conditions of this EULA.
In such event, you must destroy all copies of the Software
and all of its component parts.
13. NOTICE REGARDING MPEG-4 VISUAL DECODERS
FOR WINDOWS MEDIA PLAYER. 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.
MPEG LA, L.L.C., has contractually
obligated Microsoft to provide this
notice.
The following Limited Warranty applies if you acquired this
14. LIMITED WARRANTY FOR SOFTWARE ACQUIRED IN
THE US AND CANADA.
Microsoft warrants that the Software will perform
substantially in accordance with the accompanying materials
for a period of ninety (90) days from the date of receipt.
If an implied warranty or condition is created by
your state/jurisdiction and federal or state/provincial law
prohibits disclaimer of it, you also have an implied
warranty or condition, BUT ONLY AS
TO DEFECTS DISCOVERED DURING THE PERIOD
OF THIS LIMITED WARRANTY (NINETY DAYS).
AS TO ANY DEFECTS DISCOVERED AFTER
THE NINETY-DAY PERIOD, THERE IS NO
WARRANTY OR CONDITION OF ANY KIND.
Some states/jurisdictions do not allow limitations on how
long an implied warranty or condition lasts, so the above
limitation may not apply to you.
Any supplements or updates to the Software, including without
limitation, any (if any) service packs or hot fixes
provided to you after the expiration of the ninety-day
Limited Warranty period are not covered by any warranty or
condition, express, implied or statutory.
LIMITATION ON REMEDIES; NO CONSEQUENTIAL
OR OTHER DAMAGES. Your exclusive remedy for any breach of
this Limited Warranty is as set forth below. Except for
any refund elected by Microsoft, YOU ARE NOT ENTITLED TO
ANY DAMAGES, INCLUDING BUT NOT LIMITED
TO CONSEQUENTIAL DAMAGES, if the
Software does not meet Microsoft's Limited Warranty, and,
to the maximum extent allowed by applicable law, even if
any remedy fails of its essential purpose. The terms of
Section 16 ("Exclusion of Incidental, Consequential and
Certain Other Damages") are also incorporated into this
Limited Warranty. Some states/jurisdictions do not allow
the exclusion or limitation of incidental or consequential
damages, so the above limitation or exclusion may not
apply to you. This Limited Warranty gives you specific
legal rights. You may have other rights which vary from
state/jurisdiction to state/jurisdiction.
YOUR EXCLUSIVE REMEDY. Microsoft's and
its suppliers' entire liability and your exclusive remedy
for any breach of this Limited Warranty or for any other
breach of this EULA or for any other liability relating to
the Software shall be, at Microsoft's option from time to
time exercised subject to applicable law, (a) return of the
amount paid (if any) for the Software, or (b) repair or
replacement of the Software, that does not meet this
Limited Warranty and that is returned to Microsoft with a
copy of your receipt. You will receive the remedy elected
by Microsoft without charge, except that you are
responsible for any expenses you may incur (e.g., cost of
shipping the Software to Microsoft). This Limited Warranty
is void if failure of the Software has resulted from
accident, abuse, misapplication, abnormal use or a virus.
Any replacement Software will be warranted for the
remainder of the original warranty period or thirty (30)
days, whichever is longer, and Microsoft will use
commercially reasonable efforts to provide your remedy
within a commercially reasonable time of your compliance
with Microsoft's warranty remedy procedures. Outside
the United States or Canada, neither these remedies nor any
product support services offered by Microsoft are available
without proof of purchase from an authorized international
Microsoft, Attn. Microsoft Sales Information Center/
One Microsoft Way/Redmond, WA 98052-6399, or
the Microsoft subsidiary serving your country.
15. DISCLAIMER OF WARRANTIES. The Limited
Warranty that appears above is the only express warranty
made to you and is provided in lieu of any other express
warranties or similar obligations (if any) created by any
advertising, documentation, packaging, or other
communications. Except for the Limited Warranty and to the
maximum extent permitted by applicable law, Microsoft and
its suppliers provide the Software and support services (if
any) AS IS AND WITH ALL FAULTS, and
hereby disclaim all other warranties and conditions,
whether express, implied or statutory, including, but not
limited to, any (if any) implied warranties, duties or
conditions of merchantability, of fitness for a particular
purpose, of reliability or availability, of accuracy or
completeness of responses, of results, of workmanlike
effort, of lack of viruses, and of lack of negligence, all
with regard to the Software, and 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.
ALSO, THERE IS NO WARRANTY OR CONDITION
OF TITLE, QUIET ENJOYMENT, QUIET
POSSESSION, CORRESPONDENCE TO DESCRIPTION
OR NON-INFRINGEMENT WITH REGARD TO THE
SOFTWARE.
16. 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, PUNITIVE, 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 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 SOFTWARE, THE PROVISION OF OR
FAILURE TO PROVIDE SUPPORT OR OTHER
SERVICES, INFORMATION, SOFTWARE, AND
RELATED CONTENT THROUGH THE SOFTWARE,
OR OTHERWISE UNDER OR IN CONNECTION WITH
ANY PROVISION OF THIS EULA, EVEN IN THE
EVENT OF THE FAULT, TORT (INCLUDING
NEGLIGENCE), MISREPRESENTATION,
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.
17. LIMITATION OF LIABILITY AND REMEDIES.
NOTWITHSTANDING ANY DAMAGES THAT YOU
MIGHT INCUR FOR ANY REASON WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, ALL
DAMAGES REFERENCED HEREIN AND ALL
DIRECT OR GENERAL DAMAGES IN CONTRACT
OR ANYTHING ELSE), THE ENTIRE LIABILITY
OF MICROSOFT AND ANY OF ITS SUPPLIERS
UNDER ANY PROVISION OF THIS EULA AND
YOUR EXCLUSIVE REMEDY HEREUNDER (EXCEPT
FOR ANY REMEDY OF REPAIR OR REPLACEMENT
ELECTED BY MICROSOFT WITH RESPECT TO
ANY BREACH OF THE LIMITED WARRANTY)
SHALL BE LIMITED TO THE GREATER OF THE
ACTUAL DAMAGES YOU INCUR IN REASONABLE
RELIANCE ON THE SOFTWARE UP TO THE
AMOUNT ACTUALLY PAID BY YOU FOR THE
SOFTWARE OR US$5.00. THE FOREGOING
LIMITATIONS, EXCLUSIONS AND DISCLAIMERS
(INCLUDING SECTIONS 15, 16, AND 17) SHALL
APPLY TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, EVEN IF ANY REMEDY FAILS
ITS ESSENTIAL PURPOSE.
18. U.S. GOVERNMENT LICENSE RIGHTS. All
Software provided to the U.S. Government pursuant to
solicitations issued on or after December 1, 1995, is
provided with the commercial license rights and
restrictions described elsewhere herein. All Software
provided to the U.S. Government pursuant to solicitations
issued prior to December 1, 1995, is provided with
"Restricted Rights" as provided for in FAR, 48 CFR
52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013
(OCT 1988), as applicable.
19. APPLICABLE LAW. If you acquired this Software in the United
States, this EULA is governed by the laws of the State of
Washington. If you acquired this Software in Canada,
unless expressly prohibited by local law, this EULA is
governed by the laws in force in the Province of Ontario,
Canada; and, in respect of any dispute which may arise
hereunder, you consent to the jurisdiction of the federal
and provincial courts sitting in Toronto, Ontario. If you
acquired this Software in the European Union, Iceland,
Norway, or Switzerland, then local law applies. If you
acquired this Software in any other country, then local law
may apply.
20. ENTIRE AGREEMENT; SEVERABILITY. This
EULA (including any addendum or amendment to this EULA
which is included with the Software) are the entire
agreement between you and Microsoft relating to the
Software and the Support Services (if any) and they
supersede all prior or contemporaneous oral or written
communications, proposals and representations with respect
to the Software or any other subject matter covered by this
EULA. To the extent the terms of any Microsoft policies
or programs for support services conflict with the terms
of this EULA, the terms of this EULA shall control unless
the parties otherwise agree in writing. If any provision
of this EULA is held to be void, invalid, unenforceable or
illegal, the other provisions shall continue in full
force and effect.
Si vous avez acquis votre produit Microsoft au CANADA, la
GARANTIE LIMITÉE
Microsoft garantit que le Logiciel fonctionnera conformément aux
documents inclus pendant une période de 90 jours suivant la date
de réception.
Si une garantie ou condition implicite est créée par votre État
ou votre territoire et qu'une loi fédérale ou provinciale ou d'un
État en interdit le déni, vous jouissez également d'une garantie
ou condition implicite, MAIS UNIQUEMENT POUR
LES DÉFAUTS DÉCOUVERTS DURANT LA PÉRIODE DE
LA PRÉSENTE GARANTIE LIMITÉE (QUATRE-VINGT
-DIX JOURS). IL N'Y A AUCUNE GARANTIE OU
CONDITION DE QUELQUE NATURE QUE CE SOIT QUANT
AUX DÉFAUTS DÉCOUVERTS APRÈS CETTE PÉRIODE DE
QUATRE-VINGT-DIX JOURS. Certains États ou
territoires ne permettent pas de limiter la durée d'une garantie
ou condition implicite de sorte que la limitation ci­dessus peut
ne pas s'appliquer à vous.
Tous les suppléments ou toutes les mises à jour relatifs au
Logiciel, notamment, les ensembles de services ou les réparations
à chaud (le cas échéant) qui vous sont fournis après l'expiration
de la période de quatre-vingt-dix jours de la garantie limitée ne
sont pas couverts par quelque garantie ou condition que ce soit,
expresse, implicite ou en vertu de la loi.
LIMITATION DES RECOURS; ABSENCE DE DOMMAGES
INDIRECTS OU AUTRES. Votre recours exclusif pour toute violation
de la présente garantie limitée est décrit ci­après. Sauf pour
tout remboursement au choix de Microsoft, si le Logiciel ne
respecte pas la garantie limitée de Microsoft et, dans la mesure
maximale permise par les lois applicables, même si tout recours
n'atteint pas son but essentiel, VOUS N'AVEZ DROIT À AUCUNS
DOMMAGES, NOTAMMENT DES DOMMAGES INDIRECTS.
Les termes de la clause "Exclusion des dommages accessoires,
indirects et de certains autres dommages " sont également
intégrées à la présente garantie limitée. Certains États ou
territoires ne permettent pas l'exclusion ou la limitation des
dommages indirects ou accessoires de sorte que la limitation ou
l'exclusion ci­dessus peut ne pas s'appliquer à vous. La présente
garantie limitée vous donne des droits légaux spécifiques. Vous
pouvez avoir d'autres droits qui peuvent varier d'un territoire
ou d'un État à un autre.
VOTRE RECOURS EXCLUSIF. La seule
responsabilité obligation de Microsoft et de ses fournisseurs et
votre recours exclusif pour toute violation de la présente
garantie limitée ou pour toute autre violation du présent contrat
ou pour toute autre responsabilité relative au Logiciel seront,
selon le choix de Microsoft exercé de temps à autre sous réserve
de toute loi applicable, a) le remboursement du prix payé, le cas
échéant, pour le Logiciel ou b) la réparation ou le remplacement
du Logiciel qui ne respecte pas la présente garantie limitée et
qui est retourné à Microsoft avec une copie de votre reçu. Vous
recevrez la compensation choisie par Microsoft, sans frais, sauf
que vous êtes responsable des dépenses que vous pourriez engager
(p. ex., les frais d'envoi du Logiciel à Microsoft). La présente
garantie limitée est nulle si la défectuosité du Logiciel est
causée par un accident, un usage abusif, une mauvaise
application, un usage anormal ou un virus. Tout Logiciel de
remplacement sera garanti pour le reste de la période initiale de
la garantie ou pendant trente (30) jours, selon la plus longue
entre ces deux périodes. À l'extérieur des États-Unis ou du
Canada, ces recours ou l'un quelconque des services de soutien
technique offerts par Microsoft ne sont pas disponibles sans
preuve d'achat d'une source internationale autorisée. Pour
exercer votre recours, vous devez communiquer avec Microsoft et
vous adresser au Microsoft Sales Information Center/One Microsoft
Way/Redmond, WA 98052-6399, ou à la filiale de Microsoft de votre
pays.
DÉNI DE GARANTIES. La garantie limitée qui apparaît ci-dessus
constitue la seule garantie expresse qui vous est donnée et
remplace toutes autres garanties expresses (s'il en est) crées
par une publicité, un document, un emballage ou une autre
communication. Sauf en ce qui a trait à la garantie limitée et
dans la mesure maximale permise par les lois applicables, le
Logiciel et les services de soutien technique (le cas échéant)
sont fournis TELS QUELS ET AVEC TOUS LES
DÉFAUTS par Microsoft et ses fournisseurs, lesquels par les
présentes dénient toutes autres garanties et conditions
expresses, implicites ou en vertu de la loi, notamment, mais sans
limitation, (le cas échéant) les garanties, devoirs ou conditions
implicites de qualité marchande, d'adaptation à une fin
particulière, de fiabilité ou de disponibilité, d'exactitude ou
d'exhaustivité des réponses, des résultats, des efforts déployés
selon les règles de l'art, d'absence de virus et d'absence de
négligence, le tout à l'égard du Logiciel et de la prestation ou
de l'omission de la prestation des services de soutien technique
ou à l'égard de la fourniture ou de l'omission de la fourniture
de tous autres services, renseignements, logiciels, et contenu
qui s'y rapporte grâce au Logiciel ou provenant autrement de
l'utilisation du Logiciel. PAR AILLEURS, IL N'Y A AUCUNE
GARANTIE OU CONDITION QUANT AU TITRE DE
PROPRIÉTÉ, À LA JOUISSANCE OU LA POSSESSION
PAISIBLE, À LA CONCORDANCE À UNE DESCRIPTION
NI QUANT À UNE ABSENCE DE CONTREFAÇON
CONCERNANT LE LOGICIEL.
EXCLUSION DES DOMMAGES ACCESSOIRES, INDIRECTS
ET DE CERTAINS AUTRES DOMMAGES. DANS LA
MESURE MAXIMALE PERMISE PAR LES LOIS
APPLICABLES, EN AUCUN CAS MICROSOFT OU SES
FOURNISSEURS NE SERONT RESPONSABLES DES
DOMMAGES SPÉCIAUX, CONSÉCUTIFS, ACCESSOIRES
OU INDIRECTS DE QUELQUE NATURE QUE CE SOIT
(NOTAMMENT, LES DOMMAGES À L'ÉGARD DU MANQUE
À GAGNER OU DE LA DIVULGATION DE
RENSEIGNEMENTS CONFIDENTIELS OU AUTRES, DE LA
PERTE D'EXPLOITATION, DE BLESSURES
CORPORELLES, DE LA VIOLATION DE LA VIE
PRIVÉE, DE L'OMISSION DE REMPLIR TOUT DEVOIR,
Y COMPRIS D'AGIR DE BONNE FOI OU D'EXERCER UN
SOIN RAISONNABLE, DE LA NÉGLIGENCE ET DE
TOUTE AUTRE PERTE PÉCUNIAIRE OU AUTRE PERTE
DE QUELQUE NATURE QUE CE SOIT) SE RAPPORTANT
DE QUELQUE MANIÈRE QUE CE SOIT À
L'UTILISATION DU LOGICIEL OU À L'INCAPACITÉ
DE S'EN SERVIR, À LA PRESTATION OU À
L'OMISSION DE LA PRESTATION DE SERVICES DE
SOUTIEN TECHNIQUE OU À LA FOURNITURE OU À
L'OMISSION DE LA FOURNITURE DE TOUS AUTRES
SERVICES, RENSEIGNEMENTS, LOGICIELS, ET
CONTENU QUI S'Y RAPPORTE GRÂCE AU LOGICIEL
OU PROVENANT AUTREMENT DE L'UTILISATION DU
LOGICIEL OU AUTREMENT AUX TERMES DE TOUTE
DISPOSITION DE LA PRÉSENTE CONVENTION OU
RELATIVEMENT À UNE TELLE DISPOSITION, MÊME EN
CAS DE FAUTE, DE DÉLIT CIVIL (Y COMPRIS LA
NÉGLIGENCE), DE RESPONSABILITÉ STRICTE, DE
VIOLATION DE CONTRAT OU DE VIOLATION DE
GARANTIE DE MICROSOFT OU DE TOUT FOURNISSEUR
ET MÊME SI MICROSOFT OU TOUT FOURNISSEUR A
ÉTÉ AVISÉ DE LA POSSIBILITÉ DE TELS DOMMAGES.
LIMITATION DE RESPONSABILITÉ ET RECOURS.
MALGRÉ LES DOMMAGES QUE VOUS PUISSIEZ SUBIR
POUR QUELQUE MOTIF QUE CE SOIT (NOTAMMENT,
MAIS SANS LIMITATION, TOUS LES DOMMAGES
SUSMENTIONNÉS ET TOUS LES DOMMAGES DIRECTS OU
GÉNÉRAUX OU AUTRES), LA SEULE RESPONSABILITÉ
DE MICROSOFT ET DE L'UN OU L'AUTRE DE SES
FOURNISSEURS AUX TERMES DE TOUTE DISPOSITION
DE LA PRÉSENTE CONVENTION ET VOTRE RECOURS
EXCLUSIF À L'ÉGARD DE TOUT CE QUI PRÉCÈDE
(SAUF EN CE QUI CONCERNE TOUT RECOURS DE
RÉPARATION OU DE REMPLACEMENT CHOISI PAR
MICROSOFT À L'ÉGARD DE TOUT MANQUEMENT À LA
GARANTIE LIMITÉE) SE LIMITE AU PLUS ÉLEVÉ
ENTRE LES MONTANTS SUIVANTS : LE MONTANT QUE
VOUS AVEZ RÉELLEMENT PAYÉ POUR LE LOGICIEL OU
5,00 $US. LES LIMITES, EXCLUSIONS ET DÉNIS
QUI PRÉCÈDENT (Y COMPRIS LES CLAUSES CI
-DESSUS), S'APPLIQUENT DANS LA MESURE
MAXIMALE PERMISE PAR LES LOIS APPLICABLES,
MÊME SI TOUT RECOURS N'ATTEINT PAS SON
BUT ESSENTIEL.
À moins que cela ne soit prohibé par le droit local applicable,
la présente Convention est régie par les lois de la province
d'Ontario, Canada. Vous consentez à la compétence des tribunaux
fédéraux et provinciaux siégeant à Toronto, dans la
province d'Ontario.
Au cas où vous auriez des questions concernant cette licence ou
que vous désiriez vous mettre en rapport avec Microsoft pour
quelque raison que ce soit, veuillez utiliser l'information
contenue dans le Logiciel pour contacter la filiale de Microsoft
desservant votre pays, ou visitez Microsoft sur le World Wide Web
à http://www.microsoft.com.
The following MICROSOFT GUARANTEE applies to you if you
Statutory rights not affected - The following guarantee is not
restricted to any territory and does not affect any statutory
rights that you may have from your reseller or from Microsoft if
you acquired the Software directly from Microsoft. If you
acquired the Software or any support services in Australia, New
Zealand or Malaysia, please see the "Consumer rights"
section below.
The guarantee - The Software is designed and offered as
a general-purpose software, not for any user's particular
purpose. You accept that no Software is error free and you are
strongly advised to back-up your files regularly. Provided that
you have a valid license, Microsoft guarantees that (a) for a
period of 90 days from the date of receipt of your license to use
the Software or the shortest period permitted by applicable law
it will perform substantially in accordance with the written
materials that accompany the Software; and (b) any support
services provided by Microsoft shall be substantially as
described in applicable written materials provided to you by
Microsoft and Microsoft support engineers will use reasonable
efforts, care and skill to solve any problem issues. In the
event that the Software fails to comply with this guarantee,
Microsoft will either (a) repair or replace the Software or (b)
return the price you paid. This guarantee is void if failure of
the Software results from accident, abuse or misapplication. Any
replacement Software will be guaranteed for the remainder of the
original guarantee period or 30 days, whichever period is longer.
You agree that the above guarantee is your sole guarantee in
relation to the Software and any support services.
Exclusion of All Other Terms - To the maximum extent permitted by
applicable law and subject to the guarantee above, Microsoft
disclaims all warranties, conditions and other terms, either
express or implied (whether by statute, common law, collaterally
or otherwise) including but not limited to implied warranties of
satisfactory quality and fitness for particular purpose with
respect to the Software and the written materials that accompany
the Software. Any implied warranties that cannot be excluded are
limited to 90 days or to the shortest period permitted by
applicable law, whichever is greater.
Limitation of Liability - To the maximum extent permitted by
applicable law and except as provided in the Microsoft Guarantee,
Microsoft and its suppliers shall not be liable for any damages
whatsoever (including without limitation, damages for loss of
business profits, business interruption, loss of business
information or other pecuniary loss) arising out of the use or
inability to use the Software, even if Microsoft has been advised
of the possibility of such damages. In any case Microsoft's
entire liability under any provision of this Agreement shall be
limited to the amount actually paid by you for the Software.
These limitations do not apply to any liabilities that cannot be
excluded or limited by applicable laws.
Consumer rights - Consumers in Australia, New Zealand or Malaysia
may have the benefit of certain rights and remedies by reason of
the Trade Practices Act and similar state and territory laws in
Australia, the Consumer Guarantees Act in New Zealand and the
Consumer Protection Act in Malaysia in respect of which liability
cannot lawfully be modified or excluded. If you acquired the
Software in New Zealand for the purposes of a business, you
confirm that the Consumer Guarantees Act does not apply. If you
acquired the Software in Australia and if Microsoft breaches a
condition or warranty implied under any law which cannot lawfully
be modified or excluded by this agreement then, to the extent
permitted by law, Microsoft's liability is limited, at
Microsoft's option, to: (i) in the case of the Software: (a)
repairing or replacing the Software; or (b) the cost of such
(a) re-supply of the services; or (b) the cost of having the
services supplied again.
Should you have any questions concerning this EULA, or if you
desire to contact Microsoft for any reason, please use the
address information enclosed in this Software to contact the
Microsoft subsidiary serving your country or visit Microsoft on
the World Wide Web at http://www.microsoft.com.
EULAID:WNET_RM.5_SRV-ENT_RTL_EN
Post by Rex Ballard
Post by DFS
I'll be waiting.
Sorry to keep you waiting further.
I'm patient, but I do have a genetically-determined end of life that will
probably arive within the next 60 years. I predict that this time period is
insufficient for you to provide proof of anything you've stated above.
Erik Funkenbusch
2004-07-17 16:42:38 UTC
Permalink
Post by Rex Ballard
Microsoft executives were remarkably candid during the DOJ trial,
admitting, under oath to blackmail, fraud, extortion, sabotage,
obstruction of justice, and purjury - mostly under cross-examination
by the DOJ lawyers.
These are a matter of public record.
You've said this before, but you've never actually been able to show this
"matter of public record". If it's such a matter of public record, why
can't you prove it?

The only logical conclusion is that you invented it. Unless you care to
prove it, you should probably quit stating it.
Post by Rex Ballard
The DOJ was not allowed to just 'tack on' those additional charges
because of the way disclosure laws work in this country. It's
possible that a Democrat president might have sought to prosecute on
the criminal activities. The Bush administration announced it's
support for Microsoft during the 2000 campaign. Up to that point, I
had been supporting Bush.
You might be interested in:

http://www.johnkerryisadouchebagbutimvotingforhimanyway.com/
Post by Rex Ballard
Post by DFS
For instance, you say MS doesn't want me knowing how much info they're
getting out of my machine, and that they leave back doors.
This was, at one time, extremely well documented, on a sight which
documented the vulnerabilities and malicious capabilities of ActiveX
controls, back when Internet Explorer 4.0 was first released for
Windows NT 4.0 and Windows 95.
Microsoft was able to get an injunction against this sight, which
forced that web site (ultraviolet.org) to remove the "offensive" page,
under the provisions of the Microsoft EULA.
By using the "wayback machine", it's pretty easy to tell that this site was
merely the first home of the Boycott Microsoft site.

http://web.archive.org/web/*/http://ultraviolet.org

The content was "removed" because it went to a different site. In fact,
the site still exists.

The site also never had any documented evidence of backdoors, as you claim.
Most of it's content is editorials, questionable or misrepresented news
reports, or "anonymous sources".

And please, can you prove this court injunction against the site? I didn't
think so.
Post by Rex Ballard
Post by DFS
So, you must
know how much info. they're getting, and you must know the location of these
"back doors" [which by definition, I don't know about].
I do, I probably even have some old CDs and DVDs of the offensive
sites.
Then please, present them. Of course you won't.
Post by Rex Ballard
Due to Microsoft EULA restrictions, I cannot publish them.
Oh, right. HINT: There's *NOTHING* in the MS EULA preventing you from
publishing such information. MS's EULA only disallows publishing benchmark
data without permission.
Post by Rex Ballard
I would only be allowed to make detailed disclosures under warrant and
subpoena.
And of course, that just coincidentally prevents you from proving your
allegations. I've already used the Wayback machine to prove you wrong.
Post by Rex Ballard
Post by DFS
Please tell me all this info.
I may not agree with the Microsoft EULA, but until a Judge rules, in
more
general terms, that Microsoft EULA terms preventing disclosure of such
information is NOT legal, I must abide by the contract.
Then perhaps you'd care to quote the EULA terms you'd be violating.
William Poaster
2004-07-17 22:34:27 UTC
Permalink
Post by Erik Funkenbusch
Post by Rex Ballard
Microsoft executives were remarkably candid during the DOJ trial,
admitting, under oath to blackmail, fraud, extortion, sabotage,
obstruction of justice, and purjury - mostly under cross-examination
by the DOJ lawyers.
These are a matter of public record.
You've said this before, but you've never actually been able to show this
"matter of public record". If it's such a matter of public record, why
can't you prove it?
You mean like why you cannot prove your statement that TTF fonts can only
be used legally with windows? You know, the statement *you* cannot prove?
There are a few of us waiting...
--
-the leading virus distribution
program to date, Microsoft Windows,
has seen many viruses spread.....
LinuxFORMAT magazine - June 2004.
Rex Ballard
2004-08-03 01:02:38 UTC
Permalink
Post by Erik Funkenbusch
Post by Rex Ballard
Microsoft executives were remarkably candid during the DOJ trial,
admitting, under oath to blackmail, fraud, extortion, sabotage,
obstruction of justice, and purjury - mostly under cross-examination
by the DOJ lawyers.
These are a matter of public record.
You've said this before, but you've never actually been able to show this
"matter of public record". If it's such a matter of public record, why
can't you prove it?
During the Discovery process, the DOJ found that every time they
wanted to interview a corporate witness, whether employee or CEO, the
Microsoft lawyer was not only present, but telling the witness not to
answer questions. The DOJ lawyers petitioned the court, claiming that
this was obstruction of justice. No defendendent, and no
respondendent had the right to be present when prosecution lawyers
were interrogating witnesses. They could interview the witnesses
separately, but couldn't tell witnesses not to answer questions.

Microsoft responded, claiming that this was a standard part of the
license agreements, that they had done it this way all along, and that
this was a standard business practice which they felt was required to
protect information covered by nondisclosure agreements. This
appearantly included restricting the disclosure of contract
negotiations, even the terms of the contracts.

Judge Jackson ruled for the DOJ, asserting that Microsoft was using
this tactic to intimidate witnesses and to obstruct justice. Judge
Jackson gave Microsoft a few days to publish a notice saying that
anyone who wanted to could speak to the DOJ investigators and other
federal investigators. Within a few days, there were so many people
coming out of the woodwork that the prosecutors actually had to limit
the scope of even the depositions.

Within the depositions were hundreds of claims, nearly 600 documents,
describing numerous practices and claims against Microsoft. Because
Judge Jackson had limited each side to 25 Witnesses, it became a
sidebar. The DOJ took their best and most dramatic examples.
Post by Erik Funkenbusch
The only logical conclusion is that you invented it. Unless you care to
prove it, you should probably quit stating it.
Post by Rex Ballard
The DOJ was not allowed to just 'tack on' those additional charges
because of the way disclosure laws work in this country. It's
possible that a Democrat president might have sought to prosecute on
the criminal activities. The Bush administration announced it's
support for Microsoft during the 2000 campaign. Up to that point, I
had been supporting Bush.
http://www.johnkerryisadouchebagbutimvotingforhimanyway.com/
Post by Rex Ballard
Post by DFS
For instance, you say MS doesn't want me knowing how much info they're
getting out of my machine, and that they leave back doors.
This was, at one time, extremely well documented, on a sight which
documented the vulnerabilities and malicious capabilities of ActiveX
controls, back when Internet Explorer 4.0 was first released for
Windows NT 4.0 and Windows 95.
Microsoft was able to get an injunction against this sight, which
forced that web site (ultraviolet.org) to remove the "offensive" page,
under the provisions of the Microsoft EULA.
By using the "wayback machine", it's pretty easy to tell that this site was
merely the first home of the Boycott Microsoft site.
http://web.archive.org/web/*/http://ultraviolet.org
The content was "removed" because it went to a different site. In fact,
the site still exists.
The site also never had any documented evidence of backdoors, as you claim.
Most of it's content is editorials, questionable or misrepresented news
reports, or "anonymous sources".
And please, can you prove this court injunction against the site? I didn't
think so.
Post by Rex Ballard
Post by DFS
So, you must
know how much info. they're getting, and you must know the location of these
"back doors" [which by definition, I don't know about].
I do, I probably even have some old CDs and DVDs of the offensive
sites.
Then please, present them. Of course you won't.
Post by Rex Ballard
Due to Microsoft EULA restrictions, I cannot publish them.
Oh, right. HINT: There's *NOTHING* in the MS EULA preventing you from
publishing such information. MS's EULA only disallows publishing benchmark
data without permission.
Post by Rex Ballard
I would only be allowed to make detailed disclosures under warrant and
subpoena.
And of course, that just coincidentally prevents you from proving your
allegations. I've already used the Wayback machine to prove you wrong.
Post by Rex Ballard
Post by DFS
Please tell me all this info.
I may not agree with the Microsoft EULA, but until a Judge rules, in
more
general terms, that Microsoft EULA terms preventing disclosure of such
information is NOT legal, I must abide by the contract.
Then perhaps you'd care to quote the EULA terms you'd be violating.
Erik Funkenbusch
2004-08-04 02:26:20 UTC
Permalink
Post by Rex Ballard
Post by Erik Funkenbusch
Post by Rex Ballard
Microsoft executives were remarkably candid during the DOJ trial,
admitting, under oath to blackmail, fraud, extortion, sabotage,
obstruction of justice, and purjury - mostly under cross-examination
by the DOJ lawyers.
These are a matter of public record.
You've said this before, but you've never actually been able to show this
"matter of public record". If it's such a matter of public record, why
can't you prove it?
During the Discovery process, the DOJ found that every time they
wanted to interview a corporate witness, whether employee or CEO, the
Microsoft lawyer was not only present, but telling the witness not to
answer questions. The DOJ lawyers petitioned the court, claiming that
this was obstruction of justice. No defendendent, and no
respondendent had the right to be present when prosecution lawyers
were interrogating witnesses. They could interview the witnesses
separately, but couldn't tell witnesses not to answer questions.
Microsoft responded, claiming that this was a standard part of the
license agreements, that they had done it this way all along, and that
this was a standard business practice which they felt was required to
protect information covered by nondisclosure agreements. This
appearantly included restricting the disclosure of contract
negotiations, even the terms of the contracts.
Judge Jackson ruled for the DOJ, asserting that Microsoft was using
this tactic to intimidate witnesses and to obstruct justice. Judge
Jackson gave Microsoft a few days to publish a notice saying that
anyone who wanted to could speak to the DOJ investigators and other
federal investigators. Within a few days, there were so many people
coming out of the woodwork that the prosecutors actually had to limit
the scope of even the depositions.
Within the depositions were hundreds of claims, nearly 600 documents,
describing numerous practices and claims against Microsoft. Because
Judge Jackson had limited each side to 25 Witnesses, it became a
sidebar. The DOJ took their best and most dramatic examples.
While this sounds interesting, it's also completely fabricated AFAICT.

There is no evidence of any of this happening as you describe in the public
record. Perhaps you'd care to provide a reference.

Didn't think so.

[The rest of my unanswered comments deleted]
Jim Richardson
2004-08-04 09:30:23 UTC
Permalink
-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1

On Tue, 3 Aug 2004 21:26:20 -0500,
Erik Funkenbusch <***@despam-funkenbusch.com> wrote:

<snip>
Post by Erik Funkenbusch
While this sounds interesting, it's also completely fabricated AFAICT.
There is no evidence of any of this happening as you describe in the public
record. Perhaps you'd care to provide a reference.
While we're talking about people backing up their claims, perhaps you'd
care to finally offer some evidence for your claim that the licence for
Microsoft's TTF package prohibits it's use on non MS-Windows systems?
Post by Erik Funkenbusch
Didn't think so.
Funny you should say that...

-----BEGIN PGP SIGNATURE-----
Version: GnuPG v1.2.5 (GNU/Linux)

iD8DBQFBEKxqd90bcYOAWPYRAj7HAJ4km8d1YLI9xEu/flHjF5axHdH/bQCgxPsg
I1l2V8Yb4AF1tVGel+bNRrU=
=4HWP
-----END PGP SIGNATURE-----
--
Jim Richardson http://www.eskimo.com/~warlock
Think for yourselves and allow others the privilege to do the same.
- Voltare
Jesse F. Hughes
2004-08-04 15:19:04 UTC
Permalink
Post by Jim Richardson
On Tue, 3 Aug 2004 21:26:20 -0500,
<snip>
Post by Erik Funkenbusch
While this sounds interesting, it's also completely fabricated AFAICT.
There is no evidence of any of this happening as you describe in the public
record. Perhaps you'd care to provide a reference.
While we're talking about people backing up their claims, perhaps
you'd care to finally offer some evidence for your claim that the
licence for Microsoft's TTF package prohibits it's use on non
MS-Windows systems?
Maybe Erik has some evidence to provide, but I'm with him on this
one. Rex Ballard lives in a fantasy world, mixing an occasional fact
into his bizarre dreams of Machiavellian schemes involving Microsoft,
Bill Clinton and the occasional flying saucer. He ought to provide a
real reference when asked.

Ballard's fantasies are a touch more dramatic than anything that Eric
has claimed about TTF.
--
Meaningless movies
on the screen behind the band that's blowing Waterboys,
throwing shapes "My Love is My Rock
Half of the music is on tape in the Weary Land"
Jim Richardson
2004-08-04 18:00:10 UTC
Permalink
-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1

On Wed, 04 Aug 2004 17:19:04 +0200,
Post by Jesse F. Hughes
Post by Jim Richardson
On Tue, 3 Aug 2004 21:26:20 -0500,
<snip>
Post by Erik Funkenbusch
While this sounds interesting, it's also completely fabricated AFAICT.
There is no evidence of any of this happening as you describe in the public
record. Perhaps you'd care to provide a reference.
While we're talking about people backing up their claims, perhaps
you'd care to finally offer some evidence for your claim that the
licence for Microsoft's TTF package prohibits it's use on non
MS-Windows systems?
Maybe Erik has some evidence to provide, but I'm with him on this
one. Rex Ballard lives in a fantasy world, mixing an occasional fact
into his bizarre dreams of Machiavellian schemes involving Microsoft,
Bill Clinton and the occasional flying saucer. He ought to provide a
real reference when asked.
Ballard's fantasies are a touch more dramatic than anything that Eric
has claimed about TTF.
Agreed, I simply found it amusing that Erik would ask for evidence,
whilst carefully avoiding satisfying such requests himself...



-----BEGIN PGP SIGNATURE-----
Version: GnuPG v1.2.5 (GNU/Linux)

iD8DBQFBER/Fd90bcYOAWPYRAji+AKDR68ptqAS0mpnEl7GsHczAfi/0RQCfQokX
d2+SOiiWIGxxjlqNweTsEME=
=jjDh
-----END PGP SIGNATURE-----
--
Jim Richardson http://www.eskimo.com/~warlock
Perfection is a goal to be striven for, not a position to be reached.
Hamilcar Barca
2004-08-04 18:40:38 UTC
Permalink
Ballard's fantasies are a touch more dramatic than anything that Eric has
claimed about TTF.
They're much more entertaining, too.
--
"My advice to potential and/or existing Linux customers who might be
worried about being sued by SCO is that the lesson here is that your
greatest danger of that is to be a SCO customer."
-- Eben Moglen. Professor of Law and Legal History, Columbia Law School.
Jesse F. Hughes
2004-08-04 20:14:10 UTC
Permalink
Post by Hamilcar Barca
Ballard's fantasies are a touch more dramatic than anything that Eric has
claimed about TTF.
They're much more entertaining, too.
No doubt. It's all I can do to keep from encouraging to go on.
Especially on politics.

Actually, at times, it's more than I can do. Despite my dislike of
offtopic political crap on COLA, I've succumbed and begged for more of
Rex's wisdom a time or two.
--
Jesse Hughes
"My experience indicates that the people who post on this newsgroup
are about at the level of a 10 year old in the year 2060."
-- More wisdom from James Harris, time traveler
Hamilcar Barca
2004-08-04 18:40:39 UTC
Permalink
Ballard's fantasies are a touch more dramatic than anything that Eric has
claimed about TTF.
They're much more entertaining, too.
--
"My advice to potential and/or existing Linux customers who might be
worried about being sued by SCO is that the lesson here is that your
greatest danger of that is to be a SCO customer."
-- Eben Moglen. Professor of Law and Legal History, Columbia Law School.
Windows MVP
2004-07-21 14:35:59 UTC
Permalink
Post by DFS
If XP SP2 arrives and provides a default level of security at or above
Linux', what ever will you Linux nuts rave about?
I predict this group will just about shut down.
I am not too familiar with this group, but with XP-SP2 (as well as the
upcoming Longhorn), Linux will have an even tougher time competing
with the ubiquitous Windows world. On the desktop side, Windows is
more and more "the" only operating systems both vendors and customers
are interested in. On the server side, it is a monumental task to try
to convince your IT managers to abandon an existing ubiquitous Windows
OS infrastructure that is working just fine to replace it with a more
expensive OS that requires annual licensing such as Redhat Linux and
offers no clear advantages. The world's standard OS, Windows, is here
to stay.

Richard Reeves
Windows MVP
Rick
2004-07-21 15:07:58 UTC
Permalink
Post by Windows MVP
Post by DFS
If XP SP2 arrives and provides a default level of security at or above
Linux', what ever will you Linux nuts rave about?
I predict this group will just about shut down.
I am not too familiar with this group, but with XP-SP2 (as well as the
upcoming Longhorn), Linux will have an even tougher time competing
with the ubiquitous Windows world. On the desktop side, Windows is
more and more "the" only operating systems both vendors and customers
are interested in.
Then you might want to explain why so many city, state and federal
agencies, as well as foreign countries are switch away from window$.
Post by Windows MVP
On the server side, it is a monumental task to try
to convince your IT managers to abandon an existing ubiquitous Windows
OS infrastructure that is working just fine to replace it with a more
expensive OS that requires annual licensing such as Redhat Linux and
offers no clear advantages.
The advantage is the distinct lack of virii and trojans. In addition, if
you actually have an IT staff they should be able to support the OS, so
you could use other distros and vendors.
Post by Windows MVP
The world's standard OS, Windows, is here
to stay.
window$ adhere's to no standards.
Post by Windows MVP
Richard Reeves
Windows MVP
^^^^^^^^^^^^^^ - beeg deel... so what?
--
Rick
William Poaster
2004-07-21 16:17:36 UTC
Permalink
Post by Windows MVP
Post by DFS
If XP SP2 arrives and provides a default level of security at or above
Linux', what ever will you Linux nuts rave about?
I predict this group will just about shut down.
I am not too familiar with this group, but with XP-SP2 (as well as the
upcoming Longhorn), Linux will have an even tougher time competing
with the ubiquitous Windows world.
Very unlikely, as the more M$ try to control things through their EULA, &
the more people are aware of this, the less likely they are to use Windoze.
Post by Windows MVP
On the desktop side, Windows is more and more "the" only operating systems
both vendors and customers are interested in.
Really? How come Germany is moving to linux, Israel has dumped M$, parts
of the UK are switching to linux & that this appeared only the other day?
- "Less than a month after Gates' high-profile roadshow through Asia, the
Malaysian government has mandated the in-house deployment of open source
software (OSS) in what may well be the biggest national backlash against
proprietary software in the world.."
http://www.linuxworld.com.au/index.php/id;654675239;fp;16;fpid;0
Post by Windows MVP
On the server side, it is a monumental task to try to convince your IT managers
to abandon an existing ubiquitous Windows OS infrastructure that is working
just fine,
How many Windoze servers went down due to viruses? Oh, & BTW, Windoze is
in a minority on servers -
According to the Netcraft Web Servers July 2004 survey, Apache is now
running more than 2/3rds of sites on the Web.

"The open source Apache server has gained more than 4 million hostnames in
the first half of 2004, compared to slightly more than 1.5 million
hostnames for Microsoft server products."
http://news.netcraft.com/archives/web_server_survey.html
Post by Windows MVP
to replace it with a more expensive OS that requires annual
licensing such as Redhat Linux and offers no clear advantages.
Well RedHat isn't prone to viruses, & I would say that's a BIG advantage.
Post by Windows MVP
The world's standard OS, Windows, is here to stay.
Except that M$ makes it's *own* standards & has *tried* to shut others
out, why do you think they had to pay Opera because
$21m?http://news.com.com/Microsoft+behind+$12+million+payment+to+Opera/2100-1032_3-5218163.html?tag=nefd.lede
Post by Windows MVP
Richard Reeves
Windows MVP
Yes, we know..
--
-the leading virus distribution
program to date, Microsoft Windows,
has seen many viruses spread.....
LinuxFORMAT magazine - June 2004.
GreyCloud
2004-07-21 16:31:50 UTC
Permalink
Post by Windows MVP
Post by DFS
If XP SP2 arrives and provides a default level of security at or above
Linux', what ever will you Linux nuts rave about?
I predict this group will just about shut down.
I am not too familiar with this group, but with XP-SP2 (as well as the
upcoming Longhorn), Linux will have an even tougher time competing
with the ubiquitous Windows world. On the desktop side, Windows is
more and more "the" only operating systems both vendors and customers
are interested in. On the server side, it is a monumental task to try
to convince your IT managers to abandon an existing ubiquitous Windows
OS infrastructure that is working just fine to replace it with a more
expensive OS that requires annual licensing such as Redhat Linux and
offers no clear advantages. The world's standard OS, Windows, is here
to stay.
Obviously, you've been misinformed about Linux. Apache can run on
windows if it has to and is much more secure than the windows server
products. SP2... well, I wouldn't hold your breath on that one for
security. You watch and mark my words that there will be viruses and
trojans for that one too. You see, windows was never designed from the
start for security, just gaming speed. All of these SPs are bolt ons
that just don't work due to the inherent lack of security design at the
o/s level. You'll also see reports of denial of service attacks,
buffer overflows, etc for UNIX/Linux but these are thru applications
that weren't fully implemented correctly at the security level rather
than at the o/s level.
The cost of Linux can be a lot lower than windows over time and is much
easier to administer than windows. Again you were misinformed. Not
your fault, but the disinformation that M$ puts out to people that are
already hooked to their products to keep them subscribing to M$
products. Many high end systems also have lower operating costs as they
don't have much overhead costs associated with poor security problems.
So far, the M$ server products have cost the IT industry in over
$2billion in damages... the worst in industry.
--
---------------------------------
My other computer is a VAX.
Linønut
2004-07-22 02:19:31 UTC
Permalink
Post by Windows MVP
I am not too familiar with this group, but with XP-SP2 (as well as the
upcoming Longhorn), Linux will have an even tougher time competing
with the ubiquitous Windows world. On the desktop side, Windows is
more and more "the" only operating systems both vendors and customers
^^^^^^^^^^^^^ Apparently, in the real world, and not in the one you
inhabit, the phrase is "less and less".
Post by Windows MVP
are interested in. On the server side, it is a monumental task to try
to convince your IT managers to abandon an existing ubiquitous Windows
OS infrastructure that is working just fine to replace it with a more
expensive OS that requires annual licensing such as Redhat Linux and
offers no clear advantages. The world's standard OS, Windows, is here
to stay.
Richard Reeves
Windows MVP ...
...and now a COLA troll.
--
Free as in freedom
Power as in empowerment
Jerry McBride
2004-07-22 07:39:00 UTC
Permalink
Post by Windows MVP
Post by DFS
If XP SP2 arrives and provides a default level of security at or above
Linux', what ever will you Linux nuts rave about?
I predict this group will just about shut down.
I am not too familiar with this group,
It's obvious gauging by your next comments....
Post by Windows MVP
but with XP-SP2 (as well as the
upcoming Longhorn), Linux will have an even tougher time competing
with the ubiquitous Windows world.
All it will take is another killer virus and it'll start all over again....
Post by Windows MVP
On the desktop side, Windows is
more and more "the" only operating systems both vendors and customers
are interested in.
You don't get out much, do you? Spend a little time off Microsoft.com...
people are using Linux and the numbers are growing. Hell, entire countries
are dropping Windows in favor of OPEN SOURCE...
Post by Windows MVP
On the server side, it is a monumental task to try
to convince your IT managers to abandon an existing ubiquitous Windows
OS infrastructure that is working just fine...
As micosoft viri eat away at your profit margins, as microsoft scoops
millions, billions of your hard earned money for "upgrades"... the Linux
point will be driven home by either your CFO/CEO or the bill collectors
knocking at your doors...
Post by Windows MVP
to replace it with a more
expensive OS that requires annual licensing such as Redhat Linux....
Hmmmm... let's see... linux is free, windows... costs hundreds of
dollars.... You lost me.
Post by Windows MVP
and
offers no clear advantages.
Yeah right.... Linux has what? Three known virus and windows has how many
thousands??? ha!
Post by Windows MVP
The world's standard OS, Windows, is here
to stay.
It's days are coming to a close...


******************************************************************************
Registered Linux User Number 185956
FSF Associate Member number 2340 since 05/20/2004
Join me in chat at #linux-users on irc.freenode.net
Buy an Xbox for $149.00, run linux on it and Microsoft loses $150.00!
7:31am up 93 days, 10:13, 7 users, load average: 0.02, 0.08, 0.08
Continue reading on narkive:
Loading...