Pre-Release Version (special limited time trial version)
END-USER LICENSE AGREEMENT FOR MICROSOFT SOFTWARE
IMPORTANT-READ CAREFULLY: This Microsoft 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, and "online" or electronic documentation ("SOFTWARE PRODUCT" or "SOFTWARE"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not use the SOFTWARE PRODUCT.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE. This EULA grants you the following rights:
╖ Software. You may install and use the SOFTWARE PRODUCT on up to ten (10) computers located on your premises for a period of ninety (90) days from date of installation, solely to evaluate the SOFTWARE PRODUCT, test its compatibility with other products and/or provide feedback to MICROSOFT.
╖ Storage/Network Use. You may also store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to install or run the SOFTWARE PRODUCT on up to ten (10) computers over an internal network for a period of ninety (90) days from date of installation, solely to evaluate the SOFTWARE PRODUCT, test its compatibility with other products and/or provide feedback to MICROSOFT.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
╖ Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
╖ Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer.
╖ Rental. You may not rent or lease the SOFTWARE PRODUCT.
╖ Software Transfer. You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity), and the recipient agrees to the terms of this EULA.
╖ Preliminary Code. The SOFTWARE PRODUCT is beta code and not at the level of functionality, performance and compatiblity of the final, generally available product offering. The code may be substantially modified prior to first commercial shipment.
╖ Termination. Without prejudice to any other rights, Microsoft may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
3. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by Microsoft or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.
4. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Microsoft Corporation/One Microsoft Way/Redmond, WA 98052-6399.
MISCELLANEOUS
If you acquired this product in the United States, this EULA is governed by the laws of the State of Washington.
If this product was acquired outside the United States, then local law may apply.
Should you have any questions concerning this EULA, or if you desire to contact Microsoft for any reason, please contact the Microsoft subsidiary serving your country, or write: Microsoft Sales Information Center/One Microsoft Way/Redmond, WA 98052-6399.
LIMITED WARRANTY
NO WARRANTIES. Microsoft expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and any related documentation is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or noninfringement. The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with you.
NO LIABILITY FOR DAMAGES. In no event shall Microsoft or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this Microsoft product, even if Microsoft has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
Microsoft Image Composer, version 1.5
ADDENDUM TO END USER LICENSE AGREEMENT FOR MICROSOFT SOFTWARE
This addendum ("Addendum") provides additional rights and/or restrictions to the End User License Agreement for Microsoft Software ("EULA") for the software product identified above ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT or the component part(s) thereof, you agree to be bound by the terms of the EULA and this Addendum. If you do not agree to the terms of the EULA and this Addendum, do not install or use the SOFTWARE PRODUCT or any component part thereof. Defined terms used herein have the meanings assigned to them in the EULA.
1. ADDITIONAL RIGHTS AND/OR RESTRICTIONS. In addition to the rights and restrictions stated in the EULA, your use of the SOFTWARE PRODUCT is subject to the following rights and/or restrictions:
( Samples. You may use, copy, modify, adapt and adjust the size, color, brightness, etc. of the samples that are included in the "Samples.txt" file of Microsoft Image Composer version 1.5 ("Samples"), (b) combine the Samples with other images, text, animation, video, sound, and software to create documents, products, materials and services (collectively, "Products"); and (c) manufacture, market, sell, lease, rent, transmit, license and otherwise distribute, directly or indirectly, the Products containing the Samples, subject to the following restrictions:
( Distribution. You may not distribute the Samples using the "ftp" (file transfer protocol) for the Internet.
( Reproduction. You may not grant end users of Products any rights to reproduce the Samples.
( Integration into Products. You may not sell or license the Samples on a stand alone basis or transmit or distribute the Samples as part of any Product for resale; however, you may transmit and distribute the Samples as part of any promotional, marketing or advertising documents, materials, products and services distributed through any medium, including but not limited to the following:
Corporate brochures
Corporate logos
Trade show materials
Annual reports
Newspaper advertisements
Newsletters
Presentation handouts
Promotional multimedia titles and games
Product catalogs
Direct mail materials
TV/Cable advertising
Magazine advertisements
Worldwide Web pages
Exhibit designs
Corporate identity materials
( Use in Corporate Identity Materials. If you use the Samples to create corporate identity materials (i.e. a "logo"), you are solely responsible for any trademark search to clear the Sample(s) for use in this fashion and any and all associated costs for any such search. You shall have no right under the terms of this Addendum for the exclusive use of any Samples, notwithstanding the results of any trademark search conducted for use of the Samples.
( Certain Uses Prohibited. You may not use the Samples in any pornographic, defamatory, libelous or other unlawful manner.
2. OTHER TERMS AND CONDITIONS. Your use of the SOFTWARE PRODUCT is subject to all remaining provisions of the EULA.
