**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 . 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.
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a. **Included Microsoft Programs.** The software contains other
Microsoft programs. The license terms with those programs apply
to your use of them.
b. **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 .
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1. **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. ]{.underline}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 . 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.
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i. **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.
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i. **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.
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a. **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: .
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 .
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.
vi. 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.
vii. **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.** **
viii. **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.
ix. **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.
x. **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:
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a. 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 .
b. 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.
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1. **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 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]{.underline}. 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]{.underline}. 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]{.underline}. 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.
]{.underline}
- 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
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- request media usage rights from a rights server on the
Internet and
- download and install available DRM Updates.
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- For more information about this feature, including
instructions for turning the Automatic Updates off, go
to .
1. [Web Content Features. ]{.underline} 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.
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i. **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.
ii. **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.
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1. **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.
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a. **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 (). 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.
b. **Security. **If your application or service collects, stores or
transmits personal information, it must do so securely, by using
modern cryptography methods.
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1. **BACKUP COPY. **You may make one backup copy of the software. You
may use it only to reinstall the software.
2. **DOCUMENTATION. **Any person that has valid access to your computer
or internal network may copy and use the documentation for your
internal, reference purposes.
3. **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.
1. **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.
2. **SUPPORT SERVICES. **Because this software is "as is," we may not
provide support services for it.
3. **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.
4. **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.
5. **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.
6. **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.
7. **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.
1. **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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