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1.3 SOFTWARE LICENSE AGREEMENT 1
Redistributables in whole or in part to become subject to any of the terms of an Excluded License; or (ii) distributing
the Redistributables (or derivative works thereof) in any manner that would cause the Redistributables to become
subject to any of the terms of an Excluded License. An "Excluded License" is any license that requires as a
condition of use, modification and/or distribution of software subject to the Excluded License, that such software
or other software combined and/or distributed with such software be (x) disclosed or distributed in source code
form; (y) licensed for the purpose of making derivative works; or (z) redistributable at no
charge.
3.2 Additional Distribution Requirements for Certain Redistributable Code.
If you choose to redistribute the files discussed in this Section, then in addition to the terms of Section 3.1, you
must ALSO comply with the following.
(a) Microsoft SQL Server Desktop Engine ("MSDE"). If you redistribute MSDE you agree to comply with the following
additional requirements: (a) Licensee Software shall not substantially duplicate the capabilities of Microsoft Access
or, in the reasonable opinion of Microsoft, compete with same; and (b) unless Licensee Software requires your
customers to license Microsoft Access in order to operate, you shall not reproduce or use MSDE for commercial
distribution in conjunction with a general purpose word processing, spreadsheet or database management
software product, or an integrated work or product suite whose components include a general purpose word
processing, spreadsheet, or database management software product except for the exclusive use of importing data
to the various formats supported by Microsoft Access.
A product that includes limited word processing, spreadsheet or database components along with
othercomponents which provide significant and primary value, such as an accounting product with limited
spreadsheet capability, is not considered to be a "general purpose" product.
(b) Microsoft Data Access Components. If you redistribute the Microsoft Data Access Component file identified as
MDAC_TYP.EXE, you also agree to redistribute such file in object code only in conjunction with and as a part of a
Licensee Software developed by you with a Microsoft development tool product that adds
significant and primary functionality to MDAC_TYP.EXE.
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3.3 Separation of Components. The Software is licensed as a single product. Its component parts may not be
separated for use by more than one user.
3.4 Benchmark Testing. The Software may contain the Microsoft .NET Framework.
You may not disclose the results of any benchmark test of the .NET Framework component of the Software to any
third party without Microsoft's prior written approval.
4. PRERELEASE CODE. Portions of the Software may be identified as prerelease code ("Prerelease Code"). Such
Prerelease Code is not at the level of performance and compatibility of the final, generally available product offering.
The Prerelease Code may not operate correctly and may be substantially modified prior to first commercial
shipment. Microsoft is not obligated to make this or any later version of the Prerelease Code commercially available.
The grant of license to use Prerelease Code expires upon availability of a commercial release of the Prerelease
Code from Microsoft. NOTE: In the event that Prerelease Code contains a separate end-user license agreement,
the terms and conditions of such end-user license agreement shall govern your use of the corresponding Prerelease
Code.
5. RESERVATION OF RIGHTS AND OWNERSHIP. Microsoft reserves all rights not expressly granted to you in this
EULA. The Software is protected by copyright and other intellectual property laws and treaties. Microsoft or its
suppliers own the title, copyright, and other intellectual property rights in the Software. The Software is licensed,
not sold.
6. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse
engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly
permitted by applicable law notwithstanding this limitation.
7. NO RENTAL/COMMERCIAL HOSTING. You may not rent, lease, lend or provide commercial hosting services
with the Software.
8. CONSENT TO USE OF DATA. You agree that Microsoft and its affiliates may collect and use technical information
gathered as part of the product support services provided to you, if any, related to the Software. Microsoft may use
this information solely to improve our products or to provide customized services or technologies to you and will
not disclose this information in a form that personally identifies you.
9. LINKS TO THIRD PARTY SITES. You may link to third party sites through the use of the Software. The third party
sites are not under the control of Microsoft, and Microsoft is not responsible for the contents of any third party sites,
any links contained in third party sites, or any changes or updates to third party sites. Microsoft is not responsible
for webcasting or any other form of transmission received from any third party sites. Microsoft is providing these
links to third party sites to you only as a convenience, and the inclusion of any link does not imply an endorsement
by Microsoft of the third party site.
10. ADDITIONAL SOFTWARE/SERVICES. This EULA applies to updates, supplements, add-on components, or
Internet-based services components, of the Software that Microsoft may provide to you or make available to you
after the date you obtain your initial copy of the Software, unless we provide other terms along with the update,
supplement, add-on component, or Internet-based services component. Microsoft reserves the right to discontinue
any Internet-based services provided to you or made available to you through the use of the Software.
11. UPGRADES/DOWNGRADES
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11.1 Upgrades. To use a version of the Software identified as an upgrade, you must first be licensed for the software
identified by Microsoft as eligible for the upgrade. After