MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT WINDOWS SOFTWARE DEVELOPMENT KIT (SDK) FOR WINDOWS 10
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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
• APIs (i.e., APIs included with the installation of the SDK or APIs accessed
by installing extension packages or service to use with the SDK),
• 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.
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If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS.
a. You may install and use any number of copies of the software on your devices
to design, develop and test your programs that run on a Microsoft operating
system. Further, you may install, use and/or deploy via a network management
system or as part of a desktop image, any number of copies of the software on
computer devices within your internal corporate network to design, develop and
test your programs that run on a Microsoft operating system. Each copy must
be complete, including all copyright and trademark notices. You must require
end users to agree to terms that protect the software as much as these license
terms.
b. Utilities. The software contains certain components that are identified in
the Utilities List located at http://go.microsoft.com/fwlink/?LinkId=524839.
Depending on the specific edition of the software, the number of Utility files
you receive with the software may not be equal to the number of Utilities listed
in the Utilities List. Except as otherwise provided on the Utilities List for
specific files, you may copy and install the Utilities you receive with the
software on to other third party machines. These Utilities may only be used
to debug and deploy your programs and databases you have developed with the
software. You must delete all the Utilities installed onto a third party machine
within the earlier of (i) when you have finished debugging or deploying your
programs; or (ii) thirty (30) days after installation of the Utilities onto
that machine. We may add additional files to this list from time to time.
c. Build Services and Enterprise Build Servers. You may install and use any
number of copies of the software onto your build machines or servers, solely
for the purpose of:
i. Compiling, building, verifying and archiving your programs;
ii. Creating and configuring build systems internal to your organization to
support your internal build environment; or
iii. Enabling a service for third parties to design, develop and test programs
or services that run on a Microsoft operating system.
d. Included Microsoft Programs. The software contains other Microsoft programs.
The license terms with those programs apply to your use of them.
e. Third Party Notices. The software may include third party code that Microsoft,
not the third party, licenses to you under this agreement. Notices, if any,
for the third party code are included for your information only. Notices, if
any, for this third party code are included with the software and may be located
at http://aka.ms/thirdpartynotices.
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.
i. Right to Use and Distribute. The code and test files listed below are “Distributable
Code”.
• REDIST.TXT Files. You may copy and distribute the object code form of code
listed in REDIST.TXT files plus the files listed on the REDIST.TXT list located
at http://go.microsoft.com/fwlink/?LinkId=524842. Depending on the specific
edition of the software, the number of REDIST files you receive with the software
may not be equal to the number of REDIST files listed in the REDIST.TXT List.
We may add additional files to the list from time to time.
• 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;
• For Distributable Code from the Windows Performance Toolkit portions of
the software, distribute the unmodified software package as a whole with your
programs, with the exception of the KernelTraceControl.dll and the WindowsPerformanceRecorderControl.dll
which can be distributed with your programs;
• 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 partial copies of the Windows Performance Toolkit portion of
the software package with the exception of the KernelTraceControl.dll and the
WindowsPerformanceRecorderControl.dll which can be distributed with your programs;
• Distribute Distributable Code to run on a platform other than the Microsoft
operating system platform;
• Include Distributable Code in malicious, deceptive or unlawful programs;
or
• Modified or distribute the source code of any Distributable Code so that
any part of it becomes subject to an Excluded License. And Excluded License
is on that requir3es, 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.
b. Additional Rights and Restrictions for Features made Available with the Software.
i. Windows App Requirements. If you intend to make your program available in
the Windows Store, the program must comply with the Certification Requirements
as defined and described in the App Developer Agreement, currently available
at: https://msdn.microsoft.com/en-us/library/windows/apps/hh694058.aspx.
ii. 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 Imager
(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.
iii. 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.
iv. 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.
v. Speech namespace API. Using speech recognition functionality via the 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.
vi. PlayReady Support. The software may include the Windows Emulator, which
contains Microsoft’s PlayReady content access technology. Content owners use
Microsoft PlayReady content access technology to protect their intellectual
property, including copyrighted content. This software uses PlayReady technology
to access PlayReady-protected content and/or WMDRM-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.
vii. Package Managers. The software may include package managers, like NuGet,
that give you the option to download other Microsoft and third party software
packages to use with your application. Those packages are under their own licenses,
and not this agreement. Microsoft does not distribute, license or provide any
warranties for any of the third party packages.
viii. Font Components. While the software is running, you may use its fonts
to display and print content. You may only embed fonts in content as permitted
by the embedding restrictions in the fonts; and temporarily download them to
a printer or other output device to help print content.
ix. Notice about the H.264/AVD Visual Standard, and the VC-1 Video Standard.
This software may include H.264/MPEG-4 AVC and/or VD-1 decoding technology.
MPEG LA, L.L.C. requires this notice:
THIS PRODUCT IS LICENSED UNDER THE AVC AND THE VC-1 PATENT PORTFOLIO LICENSES
FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN
COMPLIANCE WITH THE ABOVE STANDARDS (“VIDEO STANDARDS”) AND/OR (ii) DECODE
AVC, AND VC-1 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND
NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO
PROVIDE SUCH VIDEO. NONE OF THE LICENSES EXTEND TO ANY OTHER PRODUCT REGARDLESS
OF WHETHER SUCH PRODUCT IS INCLUDED WITH THIS SOFTWARE IN A SINGLE ARTICLE.
NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION
MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE WWW.MPEGLA.COM.
For clarification purposes, this notice does not limit or inhibit the use of
the software for normal business uses that are personal to that business which
do not include (i) redistribution of the software to third parties, or (ii)
creation of content with the VIDEO STANDARDS compliant technologies for distribution
to third parties.
3. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with
the software. It may change or cancel them at any time.
a. Consent for Internet-Based Services. The software features described below
and in the privacy statement at http://go.microsoft.com/fwlink/?LinkId=521839
connect to Microsoft or service provider computer systems over the Internet.
In some cases, you will not receive a separate notice when they connect. In
some cases, you may switch off these features or not use them as described in
the applicable product documentation. By using these features, you consent to
the transmission of this information. Microsoft does not use the information
to identify or contact you.
i. 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.
• Software Use and Performance. This software collects info about your hardware
and how you use the software and automatically sends error reports to Microsoft.
These reports include information about problems that occur in the software.
Reports might unintentionally contain personal information. For example, a report
that contains a snapshot of computer memory might include your name. Part of
a document you were working on could be included as well, but this information
in reports or any info collected about hardware or your software use will not
be used to identify or contact you.
• Digital Certificates. The software uses digital certificates. These digital
certificates confirm the identity of Internet users sending X.509 standard encryption
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.
• Windows Application Certification Kit. To ensure you have the latest certification
tests, when launched this software periodically checks a Windows Application
Certification Kit file on download.microsft.com to see if an update is available.
If an update is found, you are prompted and provided a link to a web site where
you can download the update. You may use the Windows Application Certification
Kit solely to test your programs before you submit them for a potential Microsoft
Windows Certification and for inclusion on the Microsoft Windows Store. The
results you receive are for informational purposes only. Microsoft has no obligation
to either (i) provide you with a Windows Certification for your programs and/or
ii) include your program in the Microsoft Windows Store.
• Microsoft Digital Rights Management for Silverlight.
• If you use Silverlight to access content that has been protected with Microsoft
Digital Rights Management (DRM), in order to let you play the content, the software
may automatically
• request media usage rights from a rights server on the Internet and
• download and install available DRM Updates.
• For more information about this feature, including instructions for turning
the Automatic Updates off, go to http://go.microsoft.com/fwlink/?LinkId=147032.
1. Web Content Features. Features in the software can retrieve related content
from Microsoft and provide it to you. To provide the content, these features
send to Microsoft the type of operating system, name and version of the software
you are using, type of browser and language code of the device where you installed
the software. Examples of these features are clip art, templates, online training,
online assistance, help and Appshelp. You may choose not to use these web content
features.
ii. Use of Information. We may use nformation collected about software use and
performance to provide and improve Microsoft software and services as further
described in Microsoft’s Privacy Statement available at: https://go.microsoft.com/fwlink/?LinkID=521839.
We 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.
iii. 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.
4. YOUR COMPLIANCE WITH PRIVACY AND DATA PROTECTION LAWS.
a. Personal Information Definition. "Personal Information" means any information
relating to an identified or identifiable natural person; an identifiable natural
person is one who can be identified, directly or indirectly, in particular by
reference to an identifier such as a name, an identification number, location
data, an online identifier or to one or more factors specific to the physical,
physiological, genetic, mental, economic, cultural or social identity of that
natural person.
b. Collecting Personal Information using Packaged and Add-on APIs. If you use
any API to collect personal information from the software, you must comply with
all laws and regulations applicable to your use of the data accessed through
APIs including without limitation laws related to privacy, biometric data, data
protection, and confidentiality of communications. Your use of the software
is conditioned upon implementing and maintaining appropriate protections and
measures for your applications and services, and that includes your responsibility
to the data obtained through the use of APIs. For the data you obtained through
any APIs, you must:
i. obtain all necessary consents before collecting and using data and only use
the data for the limited purposes to which the user consented, including any
consent to changes in use;
ii. In the event you’re storing data, ensure that data is kept up to date
and implement corrections, restrictions to data, or the deletion of data as
updated through packaged or add-on APIs or upon user request if required by
applicable law;
iii. implement proper retention and deletion policies, including deleting all
data when as directed by your users or as required by applicable law; and
iv. maintain and comply with a written statement available to your customers
that describes your privacy practices regarding data and information you collect,
use and that you share with any third parties.
c. Location Framework. The software may contain a location framework component
or APIs that enable support of location services in programs. Programs that
receive device location must comply with the requirements related to the Location
Service APIs as described in the Microsoft Store Policies (https://docs.microsoft.com/en-us/legal/windows/agreements/store-policies).
If you choose to collect device location data outside of the control of Windows
system settings, you must obtain legally sufficient consent for your data practices,
and such practices must comply with all other applicable laws and regulations.
d. Security. If your application or service collects, stores or transmits personal
information, it must do so securely, by using modern cryptography methods.
5. BACKUP COPY. You may make one backup copy of the software. You may use it
only to reinstall the software.
6. DOCUMENTATION. Any person that has valid access to your computer or internal
network may copy and use the documentation for your internal, reference purposes.
7. 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
• Except for the Microsoft .NET Framework, you must obtain Microsoft's prior
written approval to disclose to a third party the results of any benchmark test
of the software.
• work around any technical limitations in the software;
• reverse engineer, decompile or disassemble the software, except and only
to the extent that applicable law expressly permits, despite this limitation;
• make more copies of the software than specified in this 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.
8. 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.
9. SUPPORT SERVICES. Because this software is “as is,” we may not provide
support services for it.
10. 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.
11. INDEPENDENT PARTIES. Microsoft and you are independent contractors. Nothing
in this agreement shall be construed as creating an employer-employee relationship,
processor-subprocessor relationship, a partnership, or a joint venture between
the parties.
12. 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. If you acquired the software in any
other country, its laws apply. 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. 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.
13. 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.
14. 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.
15. 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.
Please note: As this software is distributed in Quebec, Canada, some of the
clauses in this agreement are provided below in French.
Remarque : Ce logiciel étant distribué au Québec, Canada, certaines des clauses
dans ce contrat sont fournies ci-dessous en français.
EXONÉRATION DE GARANTIE. Le logiciel visé par une licence est offert « tel
quel ». Toute utilisation de ce logiciel est à votre seule risque et péril.
Microsoft n’accorde aucune autre garantie expresse. Vous pouvez bénéficier
de droits additionnels en vertu du droit local sur la protection des consommateurs,
que ce contrat ne peut modifier. La ou elles sont permises par le droit locale,
les garanties implicites de qualité marchande, d’adéquation à un usage
particulier et d’absence de contrefaçon sont exclues.
LIMITATION DES DOMMAGES-INTÉRÊTS ET EXCLUSION DE RESPONSABILITÉ POUR LES
DOMMAGES. Vous pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation
en cas de dommages directs uniquement à hauteur de 5,00 $ US. Vous ne pouvez
prétendre à aucune indemnisation pour les autres dommages, y compris les dommages
spéciaux, indirects ou accessoires et pertes de bénéfices.
Crete limitation concern:
• tout ce qui est relié au logiciel, aux services ou au contenu (y compris
le code) figurant sur des sites Internet tiers ou dans des programmes tiers
; et
• les réclamations au titre de violation de contrat ou de garantie, ou au
titre de responsabilité stricte, de négligence ou d’une autre faute dans
la limite autorisée par la loi en vigueur.
Elle s’applique également, même si Microsoft connaissait ou devrait connaître
l’éventualité d’un tel dommage. Si votre pays n’autorise pas l’exclusion
ou la limitation de responsabilité pour les dommages indirects, accessoires
ou de quelque nature que ce soit, il se peut que la limitation ou l’exclusion
ci-dessus ne s’appliquera pas à votre égard.
EFFET JURIDIQUE. Le présent contrat décrit certains droits juridiques. Vous
pourriez avoir d’autres droits prévus par les lois de votre pays. Le présent
contrat ne modifie pas les droits que vous confèrent les lois de votre pays
si celles-ci ne le permettent pas.
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