MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT DXSDK.D3DX
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IF YOU LIVE IN (OR ARE A BUSINESS WITH A PRINCIPAL PLACE OF BUSINESS IN) THE
UNITED STATES, PLEASE READ THE "BINDING ARBITRATION AND CLASS ACTION WAIVER"
SECTION BELOW. IT AFFECTS HOW DISPUTES ARE RESOLVED.
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These license terms are an agreement between you and Microsoft Corporation (or
one of its affiliates). They apply to the software named above and any Microsoft
services or software updates (except to the extent such services or updates
are accompanied by new or additional terms, in which case those different terms
apply prospectively and do not alter your or Microsoft's rights relating to
pre-updated software or services). IF YOU COMPLY WITH THESE LICENSE TERMS, YOU
HAVE THE RIGHTS BELOW. BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS.

1. INSTALLATION AND USE RIGHTS.
a) General. Subject to the terms of this agreement, you may install and use
any number of copies of the software to develop and test your applications,
and solely for use on Windows.
b) Third Party Components. The software may include third party components with
separate legal notices or governed by other agreements, as may be described
in the NOTICE file accompanying the software.

2. DATA.
a) Data Collection. The software may collect information about you and your
use of the software, and send that to Microsoft. Microsoft may use this information
to provide services and improve our products and services. You may opt-out of
many of these scenarios, but not all, as described in the product documentation.
There are also some features in the software that may enable you to collect
data from users of your applications. If you use these features to enable data
collection in your applications, you must comply with applicable law, including
providing appropriate notices to users of your applications. You can learn more
about data collection and use in the help documentation and the privacy statement
at https://aka.ms/privacy. Your use of the software operates as your consent
to these practices.
b) Processing of Personal Data. To the extent Microsoft is a processor or subprocessor
of personal data in connection with the software, Microsoft makes the commitments
in the European Union General Data Protection Regulation Terms of the Online
Services Terms to all customers effective May 25, 2018, at https://docs.microsoft.com/en-us/legal/gdpr.

3. DISTRIBUTABLE CODE. The software may contain code you are permitted to distribute
(i.e. make available for third parties) in applications you develop, as described
in this Section.
a) Distribution Rights. The code and test files described below are distributable
if included with the software.
i. Distributables. You may copy and distribute the object code form of the software
listed in the distributables file list in the software; and
ii. Third Party Distribution. You may permit distributors of your applications
to copy and distribute any of this distributable code you elect to distribute
with your applications.

   b)  Distribution Requirements. For any code you distribute, you must:
       i.    add significant primary functionality to it in your applications;
ii. require distributors and external end users to agree to terms that protect
it and Microsoft at least as much as this agreement; and
iii. indemnify, defend, and hold harmless Microsoft from any claims, including
attorneys' fees, related to the distribution or use of your applications, except
to the extent that any claim is based solely on the unmodified distributable
code.

   c)  Distribution Restrictions. You may not:
i. use Microsoft's trademarks or trade dress in your application in any way
that suggests your application comes from or is endorsed by Microsoft; or
ii. modify or distribute the source code of any distributable code so that any
part of it becomes subject to any license that requires that the distributable
code, any other part of the software, or any of Microsoft's other intellectual
property be disclosed or distributed in source code form, or that others have
the right to modify it.

4. SCOPE OF LICENSE. The software is licensed, not sold. Microsoft reserves
all other rights. Unless applicable law gives you more rights despite this limitation,
you will not (and have no right to):
a) work around any technical limitations in the software that only allow you
to use it in certain ways;
b) reverse engineer, decompile or disassemble the software, or otherwise attempt
to derive the source code for the software, except and to the extent required
by third party licensing terms governing use of certain open source components
that may be included in the software;
c) remove, minimize, block, or modify any notices of Microsoft or its suppliers
in the software;
d) use the software in any way that is against the law or to create or propagate
malware; or
e) share, publish, distribute, or lease the software (except for any distributable
code, subject to the terms above), provide the software as a stand-alone offering
for others to use, or transfer the software or this agreement to any third party.

5. EXPORT RESTRICTIONS. You must comply with all domestic and international
export laws and regulations that apply to the software, which include restrictions
on destinations, end users, and end use. For further information on export restrictions,
visit https://aka.ms/exporting.

6. SUPPORT SERVICES. Microsoft is not obligated under this agreement to provide
any support services for the software. Any support provided is "as is", "with
all faults", and without warranty of any kind.

7. UPDATES. The software may periodically check for updates, and download and
install them for you. You may obtain updates only from Microsoft or authorized
sources. Microsoft may need to update your system to provide you with updates.
You agree to receive these automatic updates without any additional notice.
Updates may not include or support all existing software features, services,
or peripheral devices.

8. BINDING ARBITRATION AND CLASS ACTION WAIVER. This Section applies if you
live in (or, if a business, your principal place of business is in) the United
States. If you and Microsoft have a dispute, you and Microsoft agree to try
for 60 days to resolve it informally. If you and Microsoft can't, you and Microsoft
agree to binding individual arbitration before the American Arbitration Association
under the Federal Arbitration Act ("FAA"), and not to sue in court in front
of a judge or jury. Instead, a neutral arbitrator will decide. Class action
lawsuits, class-wide arbitrations, private attorney-general actions, and any
other proceeding where someone acts in a representative capacity are not allowed;
nor is combining individual proceedings without the consent of all parties.
The complete Arbitration Agreement contains more terms and is at https://aka.ms/arb-agreement-4.
You and Microsoft agree to these terms.

9. ENTIRE AGREEMENT. This agreement, and any other terms Microsoft may provide
for supplements, updates, or third-party applications, is the entire agreement
for the software.

10. APPLICABLE LAW AND PLACE TO RESOLVE DISPUTES. If you acquired the software
in the United States or Canada, the laws of the state or province where you
live (or, if a business, where your principal place of business is located)
govern the interpretation of this agreement, claims for its breach, and all
other claims (including consumer protection, unfair competition, and tort claims),
regardless of conflict of laws principles, except that the FAA governs everything
related to arbitration. If you acquired the software in any other country, its
laws apply, except that the FAA governs everything related to arbitration. If
U.S. federal jurisdiction exists, you and Microsoft consent to exclusive jurisdiction
and venue in the federal court in King County, Washington for all disputes heard
in court (excluding arbitration). If not, you and Microsoft consent to exclusive
jurisdiction and venue in the Superior Court of King County, Washington for
all disputes heard in court (excluding arbitration).

11. CONSUMER RIGHTS; REGIONAL VARIATIONS. This agreement describes certain legal
rights. You may have other rights, including consumer rights, under the laws
of your state or country. Separate and apart from your relationship with Microsoft,
you may also have rights with respect to the party from which you acquired the
software. This agreement does not change those other rights if the laws of your
state or country do not permit it to do so. For example, if you acquired the
software in one of the below regions, or mandatory country law applies, then
the following provisions apply to you:
a) Australia. You have statutory guarantees under the Australian Consumer Law
and nothing in this agreement is intended to affect those rights.
b) Canada. If you acquired this software in Canada, you may stop receiving updates
by turning off the automatic update feature, disconnecting your device from
the Internet (if and when you re-connect to the Internet, however, the software
will resume checking for and installing updates), or uninstalling the software.
The product documentation, if any, may also specify how to turn off updates
for your specific device or software.
    c)  Germany and Austria.
i. Warranty. The properly licensed software will perform substantially as described
in any Microsoft materials that accompany the software. However, Microsoft gives
no contractual guarantee in relation to the licensed software.
ii. Limitation of Liability. In case of intentional conduct, gross negligence,
claims based on the Product Liability Act, as well as, in case of death or personal
or physical injury, Microsoft is liable according to the statutory law.
Subject to the foregoing clause ii., Microsoft will only be liable for slight
negligence if Microsoft is in breach of such material contractual obligations,
the fulfillment of which facilitate the due performance of this agreement, the
breach of which would endanger the purpose of this agreement and the compliance
with which a party may constantly trust in (so-called "cardinal obligations").
In other cases of slight negligence, Microsoft will not be liable for slight
negligence.

12. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED "AS IS." YOU BEAR THE RISK
OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, MICROSOFT EXCLUDES ALL IMPLIED
WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT.

13. LIMITATION ON AND EXCLUSION OF DAMAGES. IF YOU HAVE ANY BASIS FOR RECOVERING
DAMAGES DESPITE THE PRECEDING DISCLAIMER OF WARRANTY, 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 (a) anything related to the software, services, content
(including code) on third party Internet sites, or third party applications;
and (b) claims for breach of contract, warranty, guarantee, or condition; strict
liability, negligence, or other tort; or any other claim; in each case 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 state, province, or country may not allow the exclusion or limitation of
incidental, consequential, or other damages.