MICROSOFT SOFTWARE LICENSE TERMS

MICROSOFT VISUAL STUDIO EXPRESS 2013 FOR WINDOWS DESKTOP

These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft

·       updates,

·       supplements,

·       Internet-based services, and

·       support services

for this software, unless other terms accompany those items. If so, those terms apply.

BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE.

AS DESCRIBED BELOW, USING SOME FEATURES ALSO OPERATES AS YOUR CONSENT TO THE TRANSMISSION OF CERTAIN STANDARD COMPUTER INFORMATION FOR INTERNET-BASED SERVICES.

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

1.   INSTALLATION AND USE RIGHTS.

a.   Installation and Use. One user may install and use any number of copies of the software on your devices to design, develop and test your programs.

b.   Trial Edition.  The initial installation of the software is a trial edition. The length of the trial period is thirty (30) days.  You may convert your trial rights at any time to the full-use rights described below by registering with Microsoft.    After the expiration of the 30-day trial period, without registering, the trial edition will stop running.  You may not be able to access data used with the trial edition when it stops running.

c.   Included Microsoft Programs. The software contains other Microsoft programs. The license terms with those programs apply to your use of them.

d.   Third Party Notices.  Additional copyright notices and license terms applicable to portions of the software are set forth in the ThirdPartyNotices file accompanying the Microsoft software.  In addition to any terms and conditions of any third party license identified in the ThirdPartyNotices file, the disclaimer of warranty and limitation on and exclusion of remedies and damages provisions of this agreement shall apply to all software in this distribution.

e.   Additional Licensing Requirements and/or Distribution Rights for Features Made Available with the Software:

·       Windows Phone Store.  If you intend to make your program available in the Windows Phone Store, you will need to comply with the terms and conditions of the Windows Phone Store Application Provider Agreement.

·       Bing Maps.  The software may include features that retrieve content such as maps, images and other data through the Bing Maps (or successor branded) application programming interface (the “Bing Maps API”) to create reports displaying data on top of maps, aerial and hybrid imagery. If these features are included, you may use these features to create and view dynamic or static documents only in conjunction with and through methods and means of access integrated in the software. You may not otherwise copy, store, archive, or create a database of the entity information including business names, addresses and geocodes available through the Bing Maps API You may not use the Bing Maps API to provide sensor based guidance/routing, nor use any Road Traffic Data or Bird’s Eye Imagery (or associated metadata) even if available through the Bing Maps API for any purpose. Your use of the Bing Maps API and associated content is also subject to the additional terms and conditions at http://go.microsoft.com/fwlink/?LinkId=21969.

·       Additional Mapping APIs.  The software may include application programming interfaces that provide maps and other related mapping features and services that are not provided by Bing (the “Additional Mapping APIs”).  These Additional Mapping APIs are subject to additional terms and conditions and may require payment of fees to Microsoft and/or third party providers based on the use or volume of use of such Additional Mapping APIs.  These terms and conditions will be provided when you obtain any necessary license keys to use such Additional Mapping APIs or when you review or receive documentation related to the use of such Additional Mapping APIs.

·       Push Notifications. The Microsoft Push Notification Service may not be used to send notifications that are mission critical or otherwise could affect matters of life or death, including without limitation critical notifications related to a medical device or condition. MICROSOFT EXPRESSLY DISCLAIMS ANY WARRANTIES THAT THE USE OF THE MICROSOFT PUSH NOTIFICATION SERVICE OR DELIVERY OF MICROSOFT PUSH NOTIFICATION SERVICE NOTIFICATIONS WILL BE UNINTERRUPTED, ERROR FREE, OR OTHERWISE GUARANTEED TO OCCUR ON A REAL-TIME BASIS.

·       Windows.Phone.Speech namespace API.  Using speech recognition functionality via the Windows.Phone.Speech namespace APIs in a program requires the support of a speech recognition service. The service may require network connectivity at the time of recognition (e.g., when using a predefined grammar). In addition, the service may also collect speech-related data in order to provide and improve the service. The speech-related data may include, for example, information related to grammar size and string phrases in a grammar.

Also, in order for a user to use speech recognition on the phone they must first accept certain terms of use. The terms of use notify the user that data related to their use of the speech recognition service will be collected and used to provide and improve the service. If a user does not accept the terms of use and speech recognition is attempted by the application, the operation will not work and an error will be returned to the application.

·       Location Framework.  The software may contain a location framework component that enables support of location services in programs. In addition to the other limitations in this agreement, you must comply with all applicable local laws and regulations when using the location framework component or the rest of the software.

·       Device ID Access.  The software may contain a component that enables programs to access the device ID of the device that is running the program. In addition to the other limitations in this agreement, you must comply with all applicable local laws and regulations when using the device ID access component or the rest of the software.

·       PlayReady Support.  The software includes the Windows Phone Emulator, which contains Microsoft’s PlayReady content access technology.  Content owners use Microsoft PlayReady content access technology to help protect their intellectual property, including copyrighted content. This software uses PlayReady technology to access PlayReady-protected content and/or Microsoft Digital Rights Management (DRM) protected content. Microsoft may decide to revoke the software’s ability to consume PlayReady-protected content for reasons including but not limited to (i) if a breach or potential breach of PlayReady technology occurs, (ii) proactive robustness enhancement, and (iii) if content owners require the revocation because the software fails to properly enforce restrictions on content usage.  Revocation should not affect unprotected content or content protected by other content access technologies. Content owners may require you to upgrade PlayReady to access their content. If you decline an upgrade, you will not be able to access content that requires the upgrade and may not be able to install other operating system updates or upgrades.

·       Microsoft Advertising SDKs. If you pass precise location data or other user related data (e.g., user identifier, profile data, behaviorally tracked user data) to the Microsoft Advertising SDK for Windows and Windows Phone or the Microsoft Advertising SDK, then your program must (a) notify end users that it will be collecting and using user related information and providing this information to Microsoft for Microsoft’s advertising use, and (b) explicitly obtain affirmative user consent (e.g. the user must click an “Accept” or continue “Install” button) for this upon download of the software and/or application.  In addition, you agree to: (a) comply with certification and other requirements for Windows and Windows Phone and Windows Store; (b) comply with Microsoft’s privacy and other policies in your collection and use of any user data; (c) not collect or use any user identifier created or provided to you by Microsoft for any purpose other than passing such identifier to a Microsoft advertising service as part of your use of the service; and (d) provide in your privacy policy and/or terms of use a link that provides users with the ability to opt out of Microsoft interest based advertising at the following location https://choice.live.com/AdvertisementChoice/.

2.   ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.

a.   Distributable Code. The software contains code that you are permitted to distribute in programs you develop if you comply with the terms below.  (For this Section the term “distribution” also means deployment of your programs for third parties to access over the Internet.)

i.    Right to Use and Distribute. The code and text files listed below are “Distributable Code.”

·       REDIST.TXT Files. You may copy and distribute the object code form of code listed on the REDIST list located at go.microsoft.com/fwlink/?LinkId=313603.

·       Sample Code You may modify, copy and distribute the source and object code form of code marked as “sample.”

·       Third Party Distribution. You may permit distributors of your programs to copy and distribute the Distributable Code as part of those programs.

ii.    Distribution Requirements. For any Distributable Code you distribute, you must

·       add significant primary functionality to it in your programs;

·       for any Distributable Code having a filename extension of .lib, distribute only the results of running such Distributable Code through a linker with your program;

·       distribute Distributable Code included in a setup program only as part of that setup program without modification;

·       require distributors and external end users to agree to terms that protect it at least as much as this agreement;

·       display your valid copyright notice on your programs; and

·       indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of your programs.

iii.   Distribution Restrictions. You may not

·       alter any copyright, trademark or patent notice in the Distributable Code;

·       use Microsoft’s trademarks in your programs’ names or in a way that suggests your programs come from or are endorsed by Microsoft;

·       distribute Distributable Code to run on a platform other than Microsoft operating systems, run-time technologies, or application platforms;

·       include Distributable Code in malicious, deceptive or unlawful programs; or

·       modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that

·       the code be disclosed or distributed in source code form; or

·       others have the right to modify it.

3.   DATA. 

a.   Consent for Internet-Based Services. The software features described below and in the Visual Studio 2013 privacy statement connect to Microsoft or service provider computer systems over the Internet. In some cases, you will not receive a separate notice when they connect. You may switch off these features or not use them. For more information about these features, see http://go.microsoft.com/fwlink/?LinkId=286720 . BY USING THESE FEATURES, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION. Microsoft does not use the information to identify or contact you.

·       Extensions and Updates; and New Project Dialog.  Extensions and Updates; and New Project Dialog can retrieve other software through the Internet from Visual Studio Gallery, Microsoft Download Center and MSDN Samples websites.  To provide this other software, Extensions and  Updates and; and New Project Dialog send to Microsoft the name and version of the software you are using and language code of the device where you installed the software.  In addition, Extensions and Updates also contains an automatic update feature that is on by default. 

§ For more information about this feature, including instructions for to turning it off, see http://go.microsoft.com/fwlink/?LinkId=286720 . You may turn off this automatic update feature while the software is running (“opt out”).  Unless you expressly opt out of this feature, the feature will (a) connect to Microsoft or service provider computer systems over the Internet, (b) use Internet protocols to send to the appropriate systems standard computer information, such as your computer’s Internet protocol address, operating system, the name and version of the software you are using and language code of the device where you installed the software, and (c) prompt you to download and/or install, current updates to the software or other third party software. In some cases, you will not receive a separate notice before this feature takes effect. By installing the software, you consent to the transmission of standard computer information.  

·       Notification Tool Window.  The software includes a notification tool window.  When connected to the Internet, technologies that use the notification tool window may provide information related to extensions and other software  or services that you have installed or opted into and display those updates to you. For more information please see the privacy statement http://go.microsoft.com/fwlink/?LinkId=286720 .

·       Digital Certificates. The software uses digital certificates. These digital certificates confirm the identity of Internet users sending X.509 standard encrypted information. They also can be used to digitally sign files and macros to verify the integrity and origin of the file contents. The software retrieves certificates and updates certificate revocation lists using the Internet, when available.

·       Really Simple Syndication (“RSS”) Feed. This software start page contains updated content that is supplied by means of an RSS feed online from Microsoft.

·       Package Manager Features For more information about these features, see the privacy statement available at go.microsoft.com/fwlink/?LinkId=205205.  With respect to these package manager features, we or the third party service provider may use the computer information obtained through your use of these features, to improve our or their software and services. We or they may also share it with others, such as hardware and software vendors. They may use the information to improve how their products run with Microsoft software.

Open Data Protocol (OData) Service. The Microsoft NuGet-Based Package Manager and the package manager feature of Microsoft ASP.NET Web Pages will access a list of packages that is supplied by means of an OData service online from Microsoft or a third-party service provider, located at go.microsoft.com/fwlink/?LinkID=206669.  You may change the feed URL that the package manager feature initially points to at any time at your discretion.

Misuse of Internet-based Services. You may not use these services in any way that could harm them or impair anyone else’s use of them.  You may not use the services to try to gain unauthorized access to any service, data, account or network by any means.

b.   Computer Information.  The following features use Internet protocols, which send to the appropriate systems computer information, such as your Internet protocol address, the type of operating system, browser and name and version of the software you are using, and the language code of the device where you installed the software. Microsoft uses this information to make the Internet-based services available to you.

·       Visual Studio Experience Improvement Program. This software uses the Visual Studio Experience Improvement Program (“VSEIP”) which is on by default.  VSEIP helps Microsoft collect information about problems that you have while using the software. Microsoft also uses VSEIP Information to improve its software and services.  Microsoft may also share VSEIP data with others, such as agents acting on Microsoft’s behalf and hardware and software vendors to improve how their products run with Microsoft software. To learn more about VSEIP, including how you can opt out, see go.microsoft.com/fwlink/?LinkId=286720 . 

·       Data Collected Automatically. Microsoft automatically collects information identifying your installed Microsoft product, the operating system of the device, the CPU architecture of the operating system and data regarding the success or failure of the installation of the software, data identifying the cause of a crash in the product and information about the product license which is in use.  Microsoft does not use this information to identify or contact you.  For more information about privacy, see http://go.microsoft.com/fwlink/?LinkId=286720 .

c.   Microsoft Accounts in Visual Studio.  If you are running the software on Windows 8, Windows 7 with sign-in assistant, or any other version of Windows that supports providing a Microsoft account directly to the software and you are signed into a Microsoft account in those versions of Windows, you may automatically be signed into the software and Visual Studio services accessed by the software using the same Microsoft account. This allows you to access services within the software and roam the software’s settings without being asked to reenter your Microsoft account credentials each time you start the software. For more information about signing into the software and the services available therein with a Microsoft Account, see the privacy statement http://go.microsoft.com/fwlink/?LinkId=286720 .

d.   Use of Information.  Microsoft may use the computer and services information to improve its software and services. Microsoft may also share it with others, such as hardware and software vendors. They may use the information to improve how their products run with Microsoft software.

4.   Windows Components.  The software may include Microsoft .NET Framework software, certain .dll’s related to Microsoft Build technologies and packaging technologies, Windows controls, resource resolution and rendering technologies, Windows Identity Foundation, Windows Web Services (WWS) for Windows 2008 and Windows Library for JavaScript components. These software components are part of Windows and are licensed to you under separate Windows license terms or as a supplement to a Windows license. The product lifecycle support and license terms for the applicable Windows product apply to your use of these Windows components.

5.   Microsoft .NET Framework Benchmark Testing. The software includes one or more components of the .NET Framework (“.NET Components”). You may conduct internal benchmark testing of those components. You may disclose the results of any benchmark test of those components, provided that you comply with the conditions set forth at http://go.microsoft.com/fwlink/?LinkID=66406. Notwithstanding any other agreement you may have with Microsoft, if you disclose such benchmark test results, Microsoft shall have the right to disclose the results of benchmark tests it conducts of your products that compete with the applicable .NET Component, provided it complies with the same conditions set forth at http://go.microsoft.com/fwlink/?LinkID=66406.

6.   SQL SERVER SOFTWARE AND Windows Software Development Kit (Windows SDK).  The software is also accompanied by Microsoft SQL Server Software and Windows SDK which are licensed to you under their own terms.  The license terms for the SQL Server Software and Windows SDK are located in the “Licenses” folder of the software installation directory.  If you do not agree to the components' license terms, you may not use them.

7.   PACKAGE MANAGER AND THIRD PARTY SOFTWARE INSTALLATION FEATURES. The software includes the following features (each a “Feature”), each of which enables you to obtain software applications or packages through the Internet from other sources:  Extension Manager, New Project Dialog, Web Platform Installer, and Microsoft NuGet-Based Package Manager.  Those software applications and packages are offered and distributed in some cases by third parties and in some cases by Microsoft, but each such application or package is under its own license terms.  Microsoft is not developing, distributing or licensing any of the third-party applications or packages to you, but instead, as a convenience, enables you to use the Features to access or obtain those applications or packages directly from the third-party application or package providers.  By using the Features, you acknowledge and agree that:

·           you are obtaining the applications or packages from such third parties and under separate license terms applicable to each application or package (including, with respect to the package-manager Features, any terms applicable to software dependencies that may be included in the package);

Microsoft makes no representations, warranties or guarantees as to the feed or gallery URL, any feeds or galleries from such URL, the information contained therein, or any software applications or packages referenced in or accessed by you through such feeds or galleries.  Microsoft grants you no license rights for third-party software applications or packages that are obtained using the Features.

8.   Scope of License. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not

·       disclose the results of any benchmark tests of the software to any third party without Microsoft’s prior written approval, however, this does not apply to the Microsoft .NET Framework (see Section 5);

·       work around any technical limitations in the software;

·       reverse engineer, decompile or disassemble the software, or otherwise attempt to derive the source code for the software except, and solely to the extent: (i) permitted by applicable law, despite this limitation; or (ii) required to debug changes to any libraries licensed under the GNU Lesser General Public License which are included with and linked to by the software;

·       make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;

·       publish the software for others to copy;

·       rent, lease or lend the software;

·       transfer the software or this agreement to any third party; or

·       use the software for commercial software hosting services.

.

9.   BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.

10. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.

11. Export Restrictions. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting .

12. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.

13. Entire Agreement. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.

14. Applicable Law.

a.   United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.

b.   Outside the United States. If you acquired the software in any other country, the laws of that country apply.

15. Legal Effect. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.

16. Disclaimer of Warranty. The software is licensed “as-is.” You bear the risk of using it. Microsoft gives no express warranties, guarantees or conditions. You may have additional consumer rights or statutory guarantees under your local laws which this agreement cannot change. To the extent permitted under your local laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

FOR AUSTRALIA - you have statutory guarantees under the Australian Consumer Law and nothing in these terms is intended to affect those rights.

17. Limitation on and Exclusion of Remedies and Damages. You can recover from Microsoft and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.

This limitation applies to

·       anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and

·       claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.

It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.

EULAID: VS2013_RTM_SS_EXPDesktop.1_ENU