Slashdot Mirror
Microsoft FrontPage License Prohibits Anti-Microsoft Speech
According to this story running at Info World, the license from FrontPage 2002 contains a clause that says 'You may not use the Software in connection with any site that disparages Microsoft, MSN,
MSNBC, Expedia, or their products or services ...' An unfortunate clause that will prevent me from my long term plan of migrating Slashdot to Frontpage (cough). There's lots of other nastiness in this article too. Can anyone find that specific clause? Can anyone find the EULA itself? Update: 09/20 18:10 GMT by T : According to reader bteutsch "FWIW, the clause appears only in the EULA agreement for use of the FrontPage Logo, not with the product or server extensions license."
I am sick and tired of corporatism that injures the consumer.
Eventually corporate rules and regualtions will have shoved the U.S. Constitution to the back of the line-- while it says we can speak freely, everyone else will have taken everything to speak about away.
Rise up.
Microsoft is actually contributing to standartization on the net, as less users will use FrontPage. Great!
Make even shorter URLs - 8LN.org
it's weird because it infringes on free speech but still it's just like saying: "don't use this weapon on the one who gave it to you"
----
"I believe in karma. That means I can do bad things to people and assume they deserve it" - Dogbert
Why does big corporations always want to curtail liberty? (1st pst?)
They just seem to be getting more and more arrogant. Thankfully, I don't use Frontpage, but I've never seen a license for a tool that says you can't criticize the makers of the tool !!!
It's like putting a "license" around the use of a hammer saying you can't build a sign that protests the hammer's maker.
Incredible !
- sigs are for wimps.
Must be based on Slashdot's user agreement clause of promising to never read the articles.
slashdot on fronpage...bwahahahahahaha
ed
Does that mean that CmdrTaco will have to either switch to unconditional Windows advocacy, either to stop using Frontpage for slashdot ?
Microsoft gain the authority to restrict free speech? Doesn't the US Constitution guarantee the right to say what you want?
An exploration of mixology, spirits and bartending.
There are 01 types of people in this world. Those that understand binary, and me.
I think MS would be in a far different postion if someone with some consumer-protecting cajones was voted in.
So the fact that this exists, does it not render the license restrictions that MS is putting into place null and void? In other words, has MS just ceded their rights to control Front Page?
(Please chill on the flames. If I knew what I was talking about I wouldn't have had to ask!)
Key to financial independence: Spend less than you earn. Save and invest the difference. Do it for a long time.
As long as this fact is spread wide enough and enough people hear about it, it can only be a good thing.
Any news site (especially technical ones) will surely dump this software immediately if they want to keep their reputations of impartiality intact. There is no WAY they will risk using it if there's a chance it will make their readers think less of them.
Having to do this may well annoy the news sites so they will probably take to oppurtunity of telling the world why they did. Other sites may then follow suit.
Is that legal? If I buy a Chevy, I'm allowed to paint 'Chevy Sucks' on it and drive it to the Chevy Sucks 2001 convention.
If I buy a pair of Nike shoes, I'm allowed to wear them while running in an 'Anti-Nike Slave Labor' 5k run/walk.
If I buy MSFP, then I can use it to create 'Frontpagesucks.com'.
D
The first, last, and only tech news site on the net
I can't believe that Microsoft [The remainder of this post has been sanitized by MS Internet Explorer. Please go back about your business, and remember that Microsoft is only trying to conduct legitimate, non-predatory business. You have been warned.]
Every year during my review, I just pray the words "slashdot.org" aren't mentioned.
<META NAME="SUCKS" CONTENT="Microsoft Page 4.0"></PRE>
There are 01 types of people in this world. Those that understand binary, and me.
Why do we need EULAs,anyway? Why can't we just go with the "I buy something, it's mine" way of doing things? Once it leaves their hands and I own it, who the fuck are they to tell me what i can and can't do with it. Once it enters my computer(as long as i obtained it from legal means), it's mine to do with how i please.
Got Freedom?
Thinking?
If the public were to follow this the only site using FrontPage would be Microsoft. They continually blow sunshine up their own asses.
I love the smell of Karma in the morning
All I got was an article focusing on MS clickthrough licenses.
I think we should all make a little webpage using Frontpage and put a comment disparaging this license requirement on it. :)
Best. Comment. Ever. Enjoy!
However it is my understanding of the law that you can create a contract that has a clause in it that breaks the law - (the US Constitution in this case - you know free speech and all) and it just blows the entire contract out of the water.
Seems like a stupid move on the part of Microsoft IMHO.
Your base system works fine with its original key, but add a large hard drive, or more memory, and product activation informs you that you have to reactivate. At that point, there's nothing to keep Microsoft from declaring that your new equipment constitutes an advanced configuration, requiring you to pay more in order to obtain an activation key that would enable you to use it.
Now *that* is frightening. I never even really thought of that, and it makes perfect sense. If they know what users are using, they can arbitrarily set up pricing schemes on what the OS will support.
"Oh, you want to use a CDR? You need the Content Production Expansion(tm)."
If this is the way things are going... I really fear for the future of computing. Especially if they pass the Bill for requiring digital content controls.
::shudder::
Read: Rabbit Rue - Free serial nove
And I don't know who to be MORE scared of. Us or them.
frontpage just licensing the use of the code for WAY too much money. It seems illegal to me as well but I cannot see the ARMY of lawyers M$ has letting somthing that silly slip by.
errr....umm...*whooosh* *whoosh* Is this thing on ?
If there's anyone here with that product and no great love for Microsoft, set up a "lauds" page that the average reader will immediately detect as being sarcastic (like the famous Micorsoft/Space Cadet page), but be careful to say nothing overtly critical. Then see whether they come after you.
I'd volunteer, but they haven't released the Linux version yet.
Sheesh, evil *and* a jerk. -- Jade
Which is why they love DMCA, UCITA, et. al. and why we despise those laws.
Best Slashdot Co
Okay, so use FrontPage to create your page's layout, write all the words in the page that don't refer to M$, M$NBC, M$N such as "the", "tarball" or "grandmother", then complete your page with VI or EMACS, which are pieces of software released under a non-M$-centric license.
"A door is what a dog is perpetually on the wrong side of" - Ogden Nash
It's a sensible idea, I think. Why would Microsoft allow its products to be used against them? It reminds me of Lenin's famous remark, "The capitalists will sell us the rope with which we will hang them." Naturally, Microsoft not being stupid, they're not going to let you use their rope that way. Of course, most Slashdotters are against free-market capitalism, so I suppose it's understandable, in a pathetic sort of way, that this would be considered "newsworthy" around here.
I had a recruiter call me one day for a web development job at the US Post Office .. or maybe the Patent Office, I can't remember. Anyway, she said that the following skills are required: HTML, JavaScript, GUI design, FrontPage; I interrupted her after she said FrontPage, and I said that no professional developer uses that program, I am not interested in the job.
it's a sig, wtf?
How can you make such juicy references without providing linkage?
Think about it. Your site has a review of windows XP and it finishes off with the conclusion that it is much better then 2000 and everyone should go out and upgrade from 2000.
Hey you just disparaged 2000 and broke your frontpage license agreement.
Bob.
that microsoft will finally shut the hell up? Any reference to Frontpage conjures up images of many a disparaging remark, e.g. "I think I would rather sit around and lick the cat's ass than use Frontpage."
Either give it away or get top dollar, but never sell yourself cheap.
Cause just about everyone I know that uses FrontPage either has to, or it's all they know, but they still think it sucks (especially the professionals I know that are forced to use it for their jobs).
-dj (who is now wondering if there's something in the license for IE that says you can't use the browser to post comments disparaging MS. am I scrooed too? or maybe they'll make it so you can't view sites that bash MS. soon the http agent logs of /. will stop showing IE :D
`/\/\
(^.^)
(")(")
not quite an analog pussy, just a cat that plays with vinyl
Just remove all the crap that mentions FrontPage and upload what you damn well please.
Or better yet, just use a damned text editor. I would if I wasn't so damn lazy...
It's been said before, and I suppose I'll end up having to say it this time.
The more MS squeezes, the more slips through their fingers.
Already, people are pretty much opting out of all this by continuing to run Windows 95 6 years after its release, and Office 97 4 years after its release. Many people have intimated that they'll hang onto 2000 as long as they can. If the longevity of previous MS OS's is any indicator, this may be five years or more.
And of course, there's always our favorite X-Factor, waiting in the wings to scoop up faithful even from MS's latest and greatest.
This effect becomes more obvious the more MS tightens the strings...
What we call folk wisdom is often no more than a kind of expedient stupidity.-Edward Abbey
I used FrontPage in high school, and never looked back. Vim or Xemacs under Linux work best, period.
The first amendment prevents the federal government from restricting speech. The 14th extended that restriction to the individual states. Time to extend again, to cover corporations.
Something along the lines of: "No corporation may violate any rights which the government is not allowed to violate."
(Me is not versed in Lawyerly ways, so there should probably be more to it than that)
Reality has a liberal bias
See, this s just one more thing that is leading to the eventual control of the world my mcrosoft. Do what we do, use our software. >:)=
personally I will never use frontpage, Just hope they don't extend this license to notepad >:)=.
my 2 cents plus 2 more
"You may not use IE to _view_ any page that
disparages Microsoft,..."
Hmm... I should read the Windows licence. It probably contains something like:
You may not swear when Windows or any of its programs stop responding, crash or perform an illegal operation.
Good thing FrontPage is a pile of gabage that generates horable HTML and litters your site directories with random files and folders that you'll never use.
This is just another reason for me to advise people not to use this generator. It's a POS. Period.
Now, wouldn't MS have some REAL balls if they said I couldn't slander Microsoft with MS Word? hehe. That'll probably come in due time....bleh.
"Things are more moderner than before- bigger, and yet smaller- it's computers-- San Dimas High School football RULES!"
corporations are all about profit. there's no soul or morality or business ethics whatsoever involved. it's all for the pursuit and acquisition of more money.
Someone who actually uses Front Page needs to test this. They need to create a site that criticizes Microsoft, and loudly proclaims that the site uses Front Page. This someone has to have enough money to be able to defend themselves and then test this. This has *got* to be an unreasonable clause to put in a license agreement, and needs to be tested.
I officially un-volunteer! (Not enough $$)
Key to financial independence: Spend less than you earn. Save and invest the difference. Do it for a long time.
Free enterprise works. People don't buy stuff that they don't want. Stop bitching.
should be using FrontPage. I hear it comes with a nifty grammer and spell checker.
This does not relate to documents edited with Front Page. It say that you are not allowed to use server-side elements such as the MSN MoneyCentral stock ticker on your website, if you are publishing anti-MS comments.
rOD.
Rod Begbie done this, and he's not
How does M$ get away with this?
If Ford/Chevy/Dodge made buyers sign an agreement that said you can't bad-mouth their car/suv after you bought it they'd be in a world of trouble.
Do really dense people warp space more than others?
IANAL, but...
The Constitution says that the Government can't pass laws impeding freedom of the press; this doesn't mean that they guarentee everyone the right to speak. If you sign a contract not to talk about X that's more-or-less binding.
Whether enforcing licenses which restrict press freedom could be held as violating the 1rst amendment is way unclear to me...
Anyone remember the old story, about 8 months ago, where Nike had a promotion that you could customize your sneakers by getting a word or two added on at the factory? Well, a guy in the U.S. tried to get the words "Sweatshop" or "Slavery" on the side of his sneaks, and he was denied, even after repeated letters and inquiries/complaints. Essentially, he was attempting to use the company's own product to mock/draw attention to their shortfalls, and Nike was not amused.
-
- If This Peace Is Fictious, I Shall Destroy It
Who cares what the law says- MS is your master when it comes to these things, since they hold the remote killswitch on your OS. yay.
What we call folk wisdom is often no more than a kind of expedient stupidity.-Edward Abbey
in another ten years, you won't even have the right to complain about products you don't use.
According to this page, you can't use the Frontpage logo on a site that disparage Microsoft. Which seems pretty reasonable to me.
Good lord! Lies about Microsoft on Slashdot? Nah, couldn't be.
Sometimes it's best to just let stupid people be stupid.
I personally see Microsoft going to hell in a handbasket. Please, everyone, vote with your dollar - if you like Microsoft's latest "innovations" buy their stock! Buy XP! If not, DON'T for God's Sake. Install Linux. Tell your friends.
-ZOD-
Yahoo News reported today that the upcoming Office.NET suite will come in significantly larger packaging. The new larger boxes are not, as some initially assumed, for actual paper manuals. Sources have revealed that the extra room will be used for a roll of duct tape. Duct tape use will be mandatory on all mouths for Office.NET users unless they agree to only speak for purposes of praising Microsoft*.
* some sources indicate that critics of Linux, Linus Torvalds, or Open Source will also qualify for a duct tape exemption.
Personally, I'm starting to think the anti-Microsoft contingent has already secretly invaded Redmond and all the Anti-Customer tactics we've seen over the last year is their doing. Nobody's dumb enough to do this crap to their customer base on purpose...
Comment removed based on user account deletion
...all you really need is emacs =)
If you're of the opinion that Microsoft or any of their products suck, why would you use FrontPage in the first place?
And especially, if you're going to use any Microsoft product, why would you use FrontPage? Do you LIKE your HTML source full of   and <font> tags for every single line of code?
Seen any BadMarketing lately?
So, show me where in the EULA this is stated. Are there multiple EULAs? Then which one takes precedence ("the last one? well, that wasn't the one I got when I bought it" concept)?
Damn it...THINK PEOPLE...investigate these things on your own and don't just knee-jerk a reaction because someone says something exists. Doesn't help perceptions much, especially if the liars/FUDers this time around are the open-source proponets....
U.S. Constitution: First Amendment:
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
that clause is going to be very hard to enforce legally.
* 2001-09-18 15:09:47 More Microsofts Licensing Hijinks (articles,news) (rejected)
Dammit. I'm off to have a good lunch time mope...
Taco, ya bastard!
:)
N.
Would a Steve Ballmer fan page with the infamous insane dancing Steve video be considered disparaging?
I rember a particular compiler for Windows that had a clause in the EULA that prohibited the compiler from being used to build a compiler, a database, or any of several other applications. That is: you could not use the compiler to build anything that would compete with products from the company that sold you the compiler.
Atlas stands on the earth and carries the celestial sphere on his shoulders.
If I say that slashdot is a load of old crap with contributions from a bunch of smelly spotty sex-starved geeks who think something like an operating system can actually be cool I'll get censored into oblivion by offended moderators pretty damn quickly. Here, watch:
<Ducks for cover>
Slashdot is a load of old crap with contributions from a bunch of smelly spotty sex-starved geeks who think something like an operating system can actually be cool
</Ducks for cover>
-- SIGFPE
This sounds like an article from The Onion
Technoli
Only the people who want to use Microsoft software and agree to the license terms are bound by them.
It doesn't affect the rest of the world.
If you don't like the terms, don't use the software.
Deleted
This would never hold up in court.
It'll be interesting too see who, if anyone, challenges this and what the results are. Any judge who's followed the comedy of M$ B$ for any period of time would shoot them down instantly on this one.
I think I will launch Front Page Express, type the following:
Micro$oft $ucks!
This page composed with Front Page.
and see if MicroSuck will come after me.
The next thing you know, they'll say you can't use Windows to rip on MicroSuck either.
Republicans are idiots.
2. FrontPage*
(*version corresponding to Office XP)
FrontPage web components. For purposes of this section, the Software means the FrontPage Web components, including the MSNBC news headline compone nt, the MSN MoneyCentral Stock Quote component, and the MSN Search component.
Installation and Use. You may install and use any number of copies of the Software on server computers to provide services as part of your web site on the Internet that you des ign with FrontPage and that is not a mobile wireless or interactive television site ("Your Web Site").
Restrictions. You may not edit or modify the Software in any manner whatsoever. You may not display any of the logos that appear in the Software in any manner that implies sponsorship, endorsement, or license of Your Web Site by the owners of such logos. If the Software contains any active links to other sites, you agree to maintain such active links and not redirect or modify them. You may not market, distribute, sublicense, lease or rent the Software on a stand- alone basis. You may not use the Software in connection with any site that disparages Microsoft, MSN, MSNBC, Expedia or their products or services, infringe any intellectual property or other rights of these parties, violate any state, federal or international law, or promote racism, hatred, or pornography. You shall not convert the news headlines in the MSNBC component into an audio format for redistribution to audio users. You agree to immediately remove the Software from Your Web Site if you do not abide by any of these restrictions after notice.
rOD.
Rod Begbie done this, and he's not
As an intellectual property attorney, I can only say that this is the most disgusting and repugnant use of intellectual property rights I have ever seen.
Laws affecting technology will always be bad until enough techies become lawyers.
Now, my fellow /.ers, I am sure we are all simply misunderstanding the motive behind this clause. It is surely meant to be a caution to those developers who use Frontpage to design websites. I see it like this. Microsoft assumes that if you are using Frontpage you are also likely using IIS on Windows 2000. If a developer were to post an anti-microsoft page using Frontpage on IIS, the resulting increase in traffic from 3 views per minute to 6 views per minute would so overwhelm the server that it would be forced to shutdown. Thus see it is simply a public service by Microsoft to help keep IIS functioning and reduce support calls they receive at the same time.
I am sick and tired of everyone who wants the Government to beat Microsoft down, when they have the right to sell their product however the hell they choose. What about THEIR rights? Sure...it's total bullshit...which brings me to the solution:
You can choose NOT to use it. Seriously. Quit complaining about rights and vote with your money. If they want your money, M$ has to play by your rules. If people aren't smart enough to vote with their money, they have no one to blame with themselves.
BTW...shouldn't an anti MS person use a non-MS OS and editor anyways? vi works great!
I wonder if Lucas is considering a similar clause on the upcomming DVD.
JET Program: see Japan, meet intere
Use of this Dictionary of the English Language, or any of the words contained herein, constitutes acceptance of the following terms: You shall not use this dictionary, or any of the words derived therefrom, to disparage Microsoft, Encarta, or any of the companies we swallow up.
Resistance is futile.
is going to issue a new license such that you can't write anything that might disparage Microsoft on our pressed dead tree flesh. This applies to photocopies as well.
I wouldn't worry about it, stuff like this wouldn't hold up more than a second under First Amendment scrutiny.
uhhh:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
Microsoft != Congress
(...last I checked, anyway. If that changes, time to fall on my sword.)
Really, the EULA is a voluntarily entered contract between the end user and Microsoft, and is not to be confused with a law passed by Congress. One might compare this clause of the agreement to an NDA, in that both place restraint upon your speech, but neither is unconstitutional.
The defense against this kind of practice is not to complain and wave the First Amendment, but to remove Microsoft from the position that allows them to make these demands.
That should have been 'less than 2002'.. I put in a less than sign that was stripped.. doh.
Now, how can you be accurate and not disparage Microsoft.
Fight Spammers!
Anyone that uses any other (Dream weaver or *coff* even Golive *hack, ptui*) product that puts front page to shame, will regard frontpage as a dispariging remark to any HTML editor.
So, what MS is saying is: don't say anything bad about our bad software.
sort of their view of the antitrust trial "I refuse to tell the truth, the whole truth and anything even remotely close to the truth, so help me Bill Ga...err, ummm, God...that's it".
usually the opposite holds true, so, I guess when/if they *do* make a good product they will have to sue all their users that make *good* claims about FP.
final verdict:
a) damned if you do
b) damned if you don't
c) damned if I know!
d) all of the above
Moose.
Have you read the moderator guidelines? Well, have you, PUNK? (and I want a Karma: Gnarly option)
when it blows out and kills you. You also indemnify our tire company from any deaths, injuries, destruction, and you and all your heirs swear fealty and vassalage unto our feudal kingdom.
...
... in small print on the inner side of a tire
--- Will in Seattle - What are you doing to fight the War?
I know I've seen the Windows XP license somewhere before.
http://www.happyfunball.com/hfb.html
Only the M$ legal department could come up with something so stupid.
Maybe the next thing will be to add a clause that states it's a violation of your licence to install anything other than a M$ product on your computer. After all, that will prove that their not a monopoly. Right?
Sure. And suddenly I'll become an absolute dweeb and only be able to code using a WYSIWYG.
I guess they figure if it's hidden in the TOS or licence they can get away with anything. After all who really reads the fine print...
Goran
Carpe Scrotum - The only way to deal with your competition.
Seems to me this is going to be a hard one for Microsoft to enforce.
If WinXP with all it's "protection" is ALREADY being warezd, and isn't even in the hands of consumers yet, then I don't see HOW they're going to enforce any of their EULA's.
Does anyone care about the EULA's anyways? Businesses might. And any business that knows what they're doing in the marketing department wouldn't put MS bashing stuff on their website (unless they're in direct competition!)...
So it's a fairly moot point, and any lawsuits that came out of it would be thrown out by the judge.
In the province where I grew up (New Brunswick, Canada), there are three (3) daily newspapers. They're all owned by J.D. Irving Inc.
I can't remember EVER reading anything bad about the Irvings in the 'paper.
if (IsInOneSentence("Microsoft", "sucks")){
throwFits();
popupEula();
lockComputer();
notifyAuthorities();
showBillWavingHisFingerAndSaying("Naughty Boy!");
}
If you open yourself to the foo, You and foo become one.
if you're out there disparaging Microsoft software and services, and you're USING them, then that's pretty hypocritical, and you should switch to vi/Linux/Apache.
Right?
I mean, doing that, and enforcing a license like that, are roughly ethically equivalent things.
These are my friends, See how they glisten. See this one shine, how he smiles in the light.
mod this up
"Do not be swept up in the momentum of mediocrity." - anon
No one is putting a gun to your head forcing you to license this software. If you don't like it, buy something else.
Jesus, I wonder how long before this "feature" makes it into other MS products
Then, it'll show up in MS Word
New Document - MS Word 2002
_________________________
Microsoft Sucks [Typing this statement has violated your EULA. MS Windows will now contact Microsoft headquarters to inform them of the infraction. Expect MS Storm Troopers within the next hour. -- Emperor Gates]
I'm as mad as Hell and I can't take it anymore,
-- If any of the above made sense, I assure it was purely by accident.
Greetings, fellow Katy lover.
It seems that no-one (not even InfoWorld who first 'reported' it) has confirmed this alleged license nonsense, though there is a denial further down the comments, possibly from the person on Earth who will actually admit to using frontPage.
Any evidence for the prosecution, or is this just another anti-MS FUDfest? On Slashdot! *GASP* On InfoWorld! *HORROR* The two final bastions of quality reportage online! *SHOCK*
BTW, fix the fucking database. FrontPage and Access would do a better job.
Hmmm, looks like you're OK as long as you don't use any of the FrontPage Web Components. Of course, if you're not using the FP Web Components, you're not really gaining much of anything by using FrontPage in general.
Just one more good reason to not fool with the crap. Besides, the FP Server Extensions for Apache wreak havoc on your security, and there's no way anyone in their right mind would run IIS after this week.
Hey kids, there's only 5 days left 'til Yak Shaving Day!
Had he been elected, we wouldn't have this mess, or even the terrorist bombings. He would have destroyed all of our business and infrastructure by now, and there would have been no need to do any further damage.
Please don't make it seem like he's crusading to get rid of children's toys like "shiny pointy bouncy razor ball," he's an anti-corporate relic who hates successful companies, and would destroy them in the name of the "workers" who would then be safe from the corporations who don't exist any more.
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 person or a single legal entity, who will be referred to in this EULA as "You") and Microsoft Corporation for the Microsoft software product that accompanies this EULA, including any associated media, printed materials and electronic documentation (the "Software Product"). The Software Product also includes any software updates, add-on components, web services and/or supplements that Microsoft may provide to You or make available to You after the date You obtain Your initial copy of the Software Product to the extent that such items are not accompanied by a separate license agreement or terms of use. By installing, copying, downloading, accessing 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, do not install, access or use the Software Product; instead, You should return it to Your place of purchase for a full refund.
SOFTWARE PRODUCT LICENSE
The Software Product is protected by intellectual property laws and treaties. The Software Product is licensed, not sold.
1. GRANT OF LICENSE. This Section of the EULA describes Your general rights to install and use the Software Product The license rights described in this Section are subject to all other terms and conditions of this EULA.
General License Grant to Install and Use Software Product. You may install and use one copy of the Software Product on a single computer, device, workstation, terminal, or other digital electronic or analog device ("Device"). You may make a second copy of the Software Product and install it on a portable Device for the exclusive use of the person who is the primary user of the first copy of the Software Product. A license for the Software Product may not be shared.
Alternative License Grant for Storage/Network Use. As an alternative to the rights granted in the previous section, You may install a copy of the Software Product on one storage Device, such as a network server, and allow individuals within Your business or enterprise to access and use the Software Product from other Devices over a private network, provided that You acquire and dedicate a license for the storage Device upon which the Software Product is installed and each separate Device from which the Software Product is accessed and used. A license for the Software Product may not be used concurrently on different Devices.
General License Grant to Install and Use Subscription Product. The following licensing terms apply to You instead of the license grants in the previous two paragraphs if You licensed a subscription-based Software Product (a "Subscription Product"). You may install one copy of the Subscription Product on a single Device and use the Subscription Product for the term of Your subscription. You may also exercise the additional license rights described in the paragraphs below, but only for the term of Your subscription. The initial subscription period begins on the date You first activate Your copy of the Subscription Product and ends three hundred and sixty five (365) days thereafter. You cannot use the Subscription Product after Your subscription expires unless You renew or extend Your subscription. By renewing or extending Your subscription, You will be entitled to continue using the Subscription Product for a specified period of time beyond the date when Your previous subscription would have otherwise ended. All the terms and conditions of this EULA will continue to apply to Your use of the Subscription Product during any subsequent renewal periods unless otherwise specified. After the expiration of Your subscription, You can continue to open, view and print any documents You created with the Subscription Product.
Additional License Grant for Media Elements. The Software Product may include certain photographs, clip art, animations, sounds, music and video clips (together "Media Elements"). If so, the following terms describe Your rights to the Media Elements:
o Except as specified in the next Section, You may use, copy and modify the Media Elements and distribute copies of the Media Elements, along with Your modifications, as part of Your software product(s) and service(s), including Your web site(s).
o You are not licensed to do any of the following:
o You may not sell, license or distribute copies of the Media Elements on a stand-alone basis or as part of any collection, product or service where the primary value of the product or service are the Media Elements.
o You may not use or distribute any of the Media Elements that include representations of identifiable individuals, governments, logos, initials, emblems, trademarks, or entities for any commercial purposes or to express or imply any endorsement or association with any product, service, entity, or activity.
o You may not create obscene or scandalous works, as defined by federal law at the time the work is created, using the Media Elements.
o You must indemnify, hold harmless, and defend Microsoft from and against any claims or lawsuits, including attorneys' fees, that arise from or result from the use or distribution of Media Elements as modified by You.
o You must include a valid copyright notice on Your products and services that include copies of the Media Elements.
o You may not permit third parties to distribute copies of the Media Elements except as part of Your product or service.
Additional License Grant for SharePoint Team Services. The Software Product may contain a copy of the Sharepoint Team Services. If so, You may install one copy of such software on one Device and allow an unlimited number of individuals within Your business or enterprise to access and use the Sharepoint Team Services from other Devices provided that You acquire and dedicate a license to the Software Product for the Device upon which the Sharepoint Team Services are installed.
Reservation of Rights. All rights not expressly granted are reserved by Microsoft.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Academic Edition Software. If the Software Product is identified as "Academic Edition" or "AE," You must be a "Qualified Educational User" to use the Software Product. If You are not a Qualified Educational User, You have no rights under this EULA. To determine whether You are a Qualified Educational User, please contact the Microsoft Sales Information Center/One Microsoft Way/Redmond, WA 98052-6399 or the Microsoft subsidiary serving Your country.
Mandatory Activation. You may not be able to exercise Your rights to the Software Product under this EULA after a finite number of product launches unless You activate Your copy of the Software Product in the manner described during the launch sequence.
Copy Protection. The Software Product may include copy protection technology to prevent the unauthorized copying of the Software Product or may require original media for use of the Software Product on the Device. It is illegal to make unauthorized copies of the Software Product or to circumvent any copy protection technology included in the Software Product.
Not for Resale Software. If the Software Product is labeled "Not For Resale" or "NFR," then, notwithstanding other sections of this EULA, Your use of the Software Product is limited to use for demonstration, test, or evaluation purposes and You may not resell, or otherwise transfer for value, the Software Product.
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 Component Parts. The Software Product is licensed as a single product. Its component parts may not be separated for use on more than one Device unless expressly permitted by this EULA.
Trademarks. This EULA does not grant You any rights in connection with any trademarks or service marks of Microsoft.
No rental, leasing or commercial hosting. You may not rent, lease, lend or provide commercial hosting services to third parties with the Software Product.
Support Services. Microsoft may provide You with support services related to the Software Product ("Support Services"). Use of Support Services is governed by the Microsoft policies and programs described in the user manual, in "online" documentation, or in other Microsoft-provided materials. Any supplemental software code provided to You as part of the Support Services are considered part of the Software Product and subject to the terms and conditions of this EULA. You acknowledge and agree that Microsoft may use technical information You provide to Microsoft as part of the Support Services for its business purposes, including for product support and development. Microsoft will not utilize such technical information in a form that personally identifies You.
Software Transfer. Except as specified in this Section, the initial licensee of the Software Product may make a one-time permanent transfer of this EULA and Software Product only directly to an end user. This transfer must include 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). Such transfer may not be by way of consignment or any other indirect transfer. The transferee of such one-time transfer must agree to comply with the terms of this EULA, including the obligation not to further transfer this EULA and Software Product. Subscription Products are non-transferable.
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. UPGRADES.
Standard Software Product. If the Software Product is labeled as an upgrade, You must be properly licensed to use a product identified by Microsoft as being eligible for the upgrade in order to use the Software Product. A Software Product labeled as an upgrade replaces or supplements (and may disable) the product that formed the basis for Your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the Software Product is an upgrade of a component of a package of software programs that You licensed as a single product, the Software Product may be used and transferred only as part of that single product package and may not be separated for use on more than one Device.
Subscription Based Software Product. The following terms apply to You instead of the terms in the previous paragraph if You licensed a Subscription Product. If Microsoft releases any upgrades or new versions of the Subscription Product during the term of Your subscription, You will be entitled to receive a copy of such upgrade(s) or new version(s) at no additional cost, except for any applicable connection charges, taxes, duties and shipping costs if You select fulfillment by mail. Such upgrades shall be considered part of the Subscription Product and subject to all of the terms and conditions of this EULA unless otherwise indicated in any license agreement that accompanies such upgrade or new version.
4. INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property rights 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. All title and intellectual property rights in and to the content that is not contained in the Software Product, but may be accessed through use of the Software Product, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants You no rights to use such content. If this Software Product contains documentation that is provided only in electronic form, you may print one copy of such electronic documentation. You may not copy the printed materials accompanying the Software Product.
5. BACKUP COPY. After installation of one copy of the Software Product pursuant to this EULA, you may keep the original media on which the Software Product was provided by Microsoft solely for backup or archival purposes. If the original media is required to use the Software Product on the Device, you may make one copy of the Software Product solely for backup or archival purposes. Except as expressly provided in this EULA, you may not otherwise make copies of the Software Product or the printed materials accompanying the Software Product.
6. U.S. GOVERNMENT LICENSE RIGHTS. All Software Product provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All Software Product provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
7. EXPORT RESTRICTIONS. You acknowledge that the Software Product is of U.S. origin. You agree to comply with all applicable international and national laws that apply to the Software Product, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments. For additional information, see http://www.microsoft.com/exporting/.
8. APPLICABLE LAW.
If you acquired this Software Product in the United States, this EULA is governed by the laws of the State of Washington.
If you acquired this Software Product in Canada, unless expressly prohibited by local law, this EULA is governed by the laws in force in the Province of Ontario, Canada; and, in respect of any dispute which may arise hereunder, you consent to the jurisdiction of the federal and provincial courts sitting in Toronto, Ontario. If this Software 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.
9. LIMITED WARRANTY
LIMITED WARRANTY FOR SOFTWARE PRODUCTS ACQUIRED IN THE US AND CANADA. Microsoft warrants that the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying materials for a period of ninety (90) days from the date of receipt.
If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY (90) DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you.
Any supplements or updates to the SOFTWARE PRODUCT, including without limitation, any (if any) service packs or hot fixes provided to you after the expiration of the ninety (90) day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory.
LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by Microsoft, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software Product does not meet Microsoft's Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 11 below ("Exclusion of Incidental, Consequential and Certain Other Damages") are also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have others which vary from state/jurisdiction to state/jurisdiction.
YOUR EXCLUSIVE REMEDY. Microsoft's and its suppliers' entire liability and your exclusive remedy shall be, at Microsoft's option from time to time exercised subject to applicable law, (a) return of the price paid (if any) for the Software Product, or (b) repair or replacement of the Software Product, that does not meet this Limited Warranty and that is returned to Microsoft with a copy of your receipt. You will receive the remedy elected by Microsoft without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the Software Product to Microsoft). This Limited Warranty is void if failure of the Software Product has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Software Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States or Canada, neither these remedies nor any product support services offered by Microsoft are available without proof of purchase from an authorized international source. To exercise your remedy, contact: Microsoft, Attn. Microsoft Sales Information Center/One Microsoft Way/Redmond, WA 98052-6399, or the Microsoft subsidiary serving your country.
LIMITED WARRANTY FOR SOFTWARE PRODUCTS ACQUIRED OUTSIDE THE US AND CANADA. FOR THE LIMITED WARRANTIES AND SPECIAL PROVISIONS PERTAINING TO YOUR PARTICULAR JURISDICTION, PLEASE REFER TO YOUR WARRANTY BOOKLET INCLUDED WITH THIS PACKAGE OR PROVIDED WITH THE SOFTWARE PRODUCT PRINTED MATERIALS.
10. DISCLAIMER OF WARRANTIES. THE LIMITED WARRANTY THAT APPEARS ABOVE IS THE ONLY EXPRESS WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER EXPRESS WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING. EXCEPT FOR THE LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT AND ITS SUPPLIERS PROVIDE THE SOFTWARE AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OR RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.
11. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF MICROSOFT OR ANY SUPPLIER, AND EVEN IF MICROSOFT OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF MICROSOFT AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING (EXCEPT FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED BY MICROSOFT WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTY) SHAL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR U.S. $5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS (INCLUDING SECTIONS 7, 8, AND 9 ABOVE) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
13. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which is included with the Software Product) is the entire agreement between you and Microsoft relating to the Software Product and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software Product or any other subject matter covered by this EULA. To the extent the terms of any Microsoft policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.
Si vous avez acquis votre produit Microsoft au CANADA, la garantie limitée suivante vous concerne :
GARANTIE LIMITÉE
Microsoft garantit que le Produit fonctionnera conformément aux documents inclus pendant une période de 90 jours suivant la date de réception.
Si une garantie ou condition implicite est créée par votre État ou votre territoire et qu'une loi fédérale ou provinciale ou État en interdit le déni, vous jouissez également d'une garantie ou condition implicite, MAIS UNIQUEMENT POUR LES DÉFAUTS DÉCOUVERTS DURANT LA PÉRIODE DE LA PRÉSENTE GARANTIE LIMITÉE (QUATRE-VINGT-DIX JOURS). IL N'Y A AUCUNE GARANTIE OU CONDITION DE QUELQUE NATURE QUE CE SOIT QUANT AUX DÉFAUTS DÉCOUVERTS APRÈS CETTE PÉRIODE DE QUATRE-VINGT-DIX JOURS. Certains États ou territoires ne permettent pas de limiter la durée d'une garantie ou condition implicite de sorte que la limitation cidessus peut ne pas s'appliquer à vous.
Tous les suppléments ou toutes les mises à jour relatifs au Produit, notamment, les ensembles de services ou les réparations à chaud (le cas échéant) qui vous sont fournis après l'expiration de la période de quatre-vingt-dix jours de la garantie limitée ne sont pas couverts par quelque garantie ou condition que ce soit, expresse ou implicite.
LIMITATION DES RECOURS; ABSENCE DE DOMMAGES INDIRECTS OU AUTRES. Votre recours exclusif pour toute violation de la présente garantie limitée est décrit ciaprès. Sauf pour tout remboursement au choix de Microsoft, si le Produit ne respecte pas la garantie limitée de Microsoft et, dans la mesure maximale permise par les lois applicables, même si tout recours n'atteint pas son but essentiel, VOUS N'AVEZ DROIT À AUCUNS DOMMAGES, NOTAMMENT DES DOMMAGES INDIRECTS. Les modalités de la clause Exclusion des dommages accessoires, indirects et de certains autres dommages sont également intégrées à la présente garantie limitée. Certains États ou territoires ne permettent pas l'exclusion ou la limitation des dommages indirects ou accessoires de sorte que la limitation ou l'exclusion cidessus peut ne pas s'appliquer à vous. La présente garantie limitée vous donne des droits légaux spécifiques. Vous pouvez avoir d'autres droits qui peuvent varier d'un territoire ou d'un État à un autre. VOTRE RECOURS EXCLUSIF. L'obligation intégrale de Microsoft et de ses fournisseurs et votre recours exclusif seront, selon le choix de Microsoft de temps à autre sous réserve de toute loi applicable, a) le remboursement du prix payé, le cas échéant, pour le Produit ou b) la réparation ou le remplacement du Produit qui ne respecte pas la présente garantie limitée et qui est retourné à Microsoft avec une copie de votre reçu. Vous recevrez la compensation choisie par Microsoft, sans frais, sauf que vous êtes responsable des dépenses que vous pourriez engager (p. ex., les frais d'envoi du Produit à Microsoft). La présente garantie limitée est nulle si la défectuosité du Produit est causée par un accident, un usage abusif, une mauvaise application, un usage anormal ou un virus. Tout Produit de remplacement sera garanti pour le reste de la période de garantie initiale ou pendant trente (30) jours, selon la plus longue entre ces deux périodes. À l'extérieur des États-Unis ou du Canada, ces recours ou l'un quelconque des services de soutien technique offerts par Microsoft ne sont pas disponibles sans preuve d'achat d'une source internationale autorisée. Pour exercer votre recours, vous devez communiquer avec Microsoft et vous adresser au Microsoft Sales Information Center/One Microsoft Way/Redmond, WA 98052-6399, ou à la filiale de Microsoft de votre pays.
DÉNI DE GARANTIES. La garantie limitée mentionnée ci-dessus constitue la seule garantie expresse qui vous est donnée et remplace toutes autres garanties expresses (s'il en est) mentionnées dans un document ou sur un emballage. Sauf en ce qui a trait à la garantie limitée et dans la mesure maximale permise par les lois applicables, le Produit et les services de soutien technique (le cas échéant) sont fournis TELS QUELS ET AVEC TOUS LES DÉFAUTS par Microsoft et ses fournisseurs, lesquels par les présentes dénient toutes autres garanties et conditions expresses, implicites ou en vertu de la loi, notamment (le cas échéant) les garanties, devoirs ou conditions implicites de qualité marchande, d'adaptation à un usage particulier, d'exactitude ou d'exhaustivité des réponses, des résultats, des efforts déployés selon les règles de l'art, d'absence de virus et de négligence, le tout à l'égard du Produit et de la prestation des services de soutien technique ou de l'omission d'une telle prestation. PAR AILLEURS, IL N'Y A AUCUNE GARANTIE OU CONDITION QUANT AU TITRE DE PROPRIÉTÉ, À LA JOUISSANCE OU LA POSSESSION PAISIBLE, À LA CONCORDANCE À UNE DESCRIPTION NI QUANT À UNE ABSENCE DE CONTREFAÇON CONCERNANT LE PRODUIT.
EXCLUSION DES DOMMAGES ACCESSOIRES, INDIRECTS ET DE CERTAINS AUTRES DOMMAGES. DANS LA MESURE MAXIMALE PERMISE PAR LES LOIS APPLICABLES, EN AUCUN CAS MICROSOFT OU SES FOURNISSEURS NE SERONT RESPONSABLES DES DOMMAGES SPÉCIAUX, CONSÉCUTIFS, ACCESSOIRES OU INDIRECTS DE QUELQUE NATURE QUE CE SOIT (NOTAMMENT, LES DOMMAGES À L'ÉGARD DU MANQUE À GAGNER OU DE LA DIVULGATION DE RENSEIGNEMENTS CONFIDENTIELS OU AUTRES, DE LA PERTE D'EXPLOITATION, DE BLESSURES CORPORELLES, DE LA VIOLATION DE LA VIE PRIVÉE, DE L'OMISSION DE REMPLIR TOUT DEVOIR, Y COMPRIS D'AGIR DE BONNE FOI OU D'EXERCER UN SOIN RAISONNABLE, DE LA NÉGLIGENCE ET DE TOUTE AUTRE PERTE PÉCUNIAIRE OU AUTRE PERTE DE QUELQUE NATURE QUE CE SOIT) SE RAPPORTANT DE QUELQUE MANIÈRE QUE CE SOIT À L'UTILISATION DU PRODUIT OU À L'INCAPACITÉ DE S'EN SERVIR, À LA PRESTATION OU À L'OMISSION D'UNE TELLE PRESTATION DE SERVICES DE SOUTIEN TECHNIQUE OU AUTREMENT AUX TERMES DE TOUTE DISPOSITION DU PRÉSENT EULA OU RELATIVEMENT À UNE TELLE DISPOSITION, MÊME EN CAS DE FAUTE, DE DÉLIT CIVIL (Y COMPRIS LA NÉGLIGENCE), DE RESPONSABILITÉ STRICTE, DE VIOLATION DE CONTRAT OU DE VIOLATION DE GARANTIE DE MICROSOFT OU DE TOUT FOURNISSEUR ET MÊME SI MICROSOFT OU TOUT FOURNISSEUR A ÉTÉ AVISÉ DE LA POSSIBILITÉ DE TELS DOMMAGES.
LIMITATION DE RESPONSABILITÉ ET RECOURS. Malgré les dommages que vous puissiez subir pour quelque motif que ce soit (notamment, tous les dommages susmentionnés et tous les dommages directs ou généraux), l'obligation intégrale de Microsoft et de l'un ou l'autre de ses fournisseurs aux termes de toute disposition du présent EULA et votre recours exclusif à l'égard de tout ce qui précède (sauf en ce qui concerne tout recours de réparation ou de remplacement choisi par Microsoft à l'égard de tout manquement à la garantie limitée) se limite au plus élevé entre les montants suivants : le montant que vous avez réellement payé pour le Produit ou 5,00 $US. Les limites, exclusions et dénis qui précèdent (y compris les clauses ci-dessus), s'appliquent dans la mesure maximale permise par les lois applicables, même si tout recours n'atteint pas son but essentiel.
La présente Convention est régie par les lois de la province d'Ontario, Canada. Chacune des parties à la présente reconnaît irrévocablement la compétence des tribunaux de la province d'Ontario et consent à instituer tout litige qui pourrait découler de la présente auprès des tribunaux situés dans le district judiciaire de York, province d'Ontario.
Au cas où vous auriez des questions concernant cette licence ou que vous désiriez vous mettre en rapport avec Microsoft pour quelque raison que ce soit, veuillez contacter la succursale Microsoft desservant votre pays, dont l'adresse est fournie dans ce produit, ou écrivez à : Microsoft Sales Information Center, One Microsoft Way, Redmond, Washington 98052-6399.
Hmm, but don't most people that are/post material against Microsoft use Notepad or better yet, pico? :)
-Wyverns
The latest beta version of outlook that I am beta testing automatically disconnects from any web sites that Microsoft has ranked as unfai
Word game?
Get your state to pass a law voiding such contracts. Microsoft relies on contract law, a state legal system. If the state code says: "The liberties established in the US Constitution shall apply in all contractual relationships; no party shall abridge or void these rights. Any contract which does the preceding shall be invalid. In the event of intellectual property contracts violating this statute, the intellectual property shall be covered under the sections of the state code regarding sale of non-intellectual property to consumers and the property shall be regarded as a physical commodity bought and sold rather than a good licensed or leased." then there is nothing MSFT can do about it.
So what? It's still stupid.
sulli
RTFJ.
And to that end, the best way to get profits is to enslave, as much as possible anyone who can contribute to your bottom line. People can be flighty and unpredictable, and that's our nature. We don't always do the same thing time after time because the best course of action is usually a patchwork of compromises and actions that best benefit us in our current situation. Organizations that seek consistent results (not just corporations) have to homogenize the environment in order to reduce their risk factors and facilitate easy growth. Once they do that, they expand. Once they've expanded, they control. And once they start to control.. they tell you who to associate with, what your goals are, where to be, when to do tasks, and how to live.
In ceding your personal power to an organization, you'll be giving them some level of control. It's inevitable then that you become secondary to the system and be controlled by it.
Note that this isn't always a bad thing, but a balance must exist.
Please mod this post only if you think others should/n't read this. I have enough ego^H^H^Hkarma. Thanks!
There ain't nothing in there....
-----------
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 person or a single legal entity, who will be referred to in this EULA as "You") and Microsoft Corporation for the Microsoft software product that accompanies this EULA, including any associated media, printed materials and electronic documentation (the "Software Product"). The Software Product also includes any software updates, add-on components, web services and/or supplements that Microsoft may provide to You or make available to You after the date You obtain Your initial copy of the Software Product to the extent that such items are not accompanied by a separate license agreement or terms of use. By installing, copying, downloading, accessing 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, do not install, access or use the Software Product; instead, You should return it to Your place of purchase for a full refund.
SOFTWARE PRODUCT LICENSE
The Software Product is protected by intellectual property laws and treaties. The Software Product is licensed, not sold.
1. GRANT OF LICENSE. This Section of the EULA describes Your general rights to install and use the Software Product The license rights described in this Section are subject to all other terms and conditions of this EULA.
General License Grant to Install and Use Software Product. You may install and use one copy of the Software Product on a single computer, device, workstation, terminal, or other digital electronic or analog device ("Device"). You may make a second copy of the Software Product and install it on a portable Device for the exclusive use of the person who is the primary user of the first copy of the Software Product. A license for the Software Product may not be shared.
Alternative License Grant for Storage/Network Use. As an alternative to the rights granted in the previous section, You may install a copy of the Software Product on one storage Device, such as a network server, and allow individuals within Your business or enterprise to access and use the Software Product from other Devices over a private network, provided that You acquire and dedicate a license for the storage Device upon which the Software Product is installed and each separate Device from which the Software Product is accessed and used. A license for the Software Product may not be used concurrently on different Devices.
General License Grant to Install and Use Subscription Product. The following licensing terms apply to You instead of the license grants in the previous two paragraphs if You licensed a subscription-based Software Product (a "Subscription Product"). You may install one copy of the Subscription Product on a single Device and use the Subscription Product for the term of Your subscription. You may also exercise the additional license rights described in the paragraphs below, but only for the term of Your subscription. The initial subscription period begins on the date You first activate Your copy of the Subscription Product and ends three hundred and sixty five (365) days thereafter. You cannot use the Subscription Product after Your subscription expires unless You renew or extend Your subscription. By renewing or extending Your subscription, You will be entitled to continue using the Subscription Product for a specified period of time beyond the date when Your previous subscription would have otherwise ended. All the terms and conditions of this EULA will continue to apply to Your use of the Subscription Product during any subsequent renewal periods unless otherwise specified. After the expiration of Your subscription, You can continue to open, view and print any documents You created with the Subscription Product.
Additional License Grant for Media Elements. The Software Product may include certain photographs, clip art, animations, sounds, music and video clips (together "Media Elements"). If so, the following terms describe Your rights to the Media Elements:
o Except as specified in the next Section, You may use, copy and modify the Media Elements and distribute copies of the Media Elements, along with Your modifications, as part of Your software product(s) and service(s), including Your web site(s).
o You are not licensed to do any of the following:
o You may not sell, license or distribute copies of the Media Elements on a stand-alone basis or as part of any collection, product or service where the primary value of the product or service are the Media Elements.
o You may not use or distribute any of the Media Elements that include representations of identifiable individuals, governments, logos, initials, emblems, trademarks, or entities for any commercial purposes or to express or imply any endorsement or association with any product, service, entity, or activity.
o You may not create obscene or scandalous works, as defined by federal law at the time the work is created, using the Media Elements.
o You must indemnify, hold harmless, and defend Microsoft from and against any claims or lawsuits, including attorneys' fees, that arise from or result from the use or distribution of Media Elements as modified by You.
o You must include a valid copyright notice on Your products and services that include copies of the Media Elements.
o You may not permit third parties to distribute copies of the Media Elements except as part of Your product or service.
Additional License Grant for SharePoint Team Services. The Software Product may contain a copy of the Sharepoint Team Services. If so, You may install one copy of such software on one Device and allow an unlimited number of individuals within Your business or enterprise to access and use the Sharepoint Team Services from other Devices provided that You acquire and dedicate a license to the Software Product for the Device upon which the Sharepoint Team Services are installed.
Reservation of Rights. All rights not expressly granted are reserved by Microsoft.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Academic Edition Software. If the Software Product is identified as "Academic Edition" or "AE," You must be a "Qualified Educational User" to use the Software Product. If You are not a Qualified Educational User, You have no rights under this EULA. To determine whether You are a Qualified Educational User, please contact the Microsoft Sales Information Center/One Microsoft Way/Redmond, WA 98052-6399 or the Microsoft subsidiary serving Your country.
Mandatory Activation. You may not be able to exercise Your rights to the Software Product under this EULA after a finite number of product launches unless You activate Your copy of the Software Product in the manner described during the launch sequence.
Copy Protection. The Software Product may include copy protection technology to prevent the unauthorized copying of the Software Product or may require original media for use of the Software Product on the Device. It is illegal to make unauthorized copies of the Software Product or to circumvent any copy protection technology included in the Software Product.
Not for Resale Software. If the Software Product is labeled "Not For Resale" or "NFR," then, notwithstanding other sections of this EULA, Your use of the Software Product is limited to use for demonstration, test, or evaluation purposes and You may not resell, or otherwise transfer for value, the Software Product.
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 Component Parts. The Software Product is licensed as a single product. Its component parts may not be separated for use on more than one Device unless expressly permitted by this EULA.
Trademarks. This EULA does not grant You any rights in connection with any trademarks or service marks of Microsoft.
No rental, leasing or commercial hosting. You may not rent, lease, lend or provide commercial hosting services to third parties with the Software Product.
Support Services. Microsoft may provide You with support services related to the Software Product ("Support Services"). Use of Support Services is governed by the Microsoft policies and programs described in the user manual, in "online" documentation, or in other Microsoft-provided materials. Any supplemental software code provided to You as part of the Support Services are considered part of the Software Product and subject to the terms and conditions of this EULA. You acknowledge and agree that Microsoft may use technical information You provide to Microsoft as part of the Support Services for its business purposes, including for product support and development. Microsoft will not utilize such technical information in a form that personally identifies You.
Software Transfer. Except as specified in this Section, the initial licensee of the Software Product may make a one-time permanent transfer of this EULA and Software Product only directly to an end user. This transfer must include 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). Such transfer may not be by way of consignment or any other indirect transfer. The transferee of such one-time transfer must agree to comply with the terms of this EULA, including the obligation not to further transfer this EULA and Software Product. Subscription Products are non-transferable.
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. UPGRADES.
Standard Software Product. If the Software Product is labeled as an upgrade, You must be properly licensed to use a product identified by Microsoft as being eligible for the upgrade in order to use the Software Product. A Software Product labeled as an upgrade replaces or supplements (and may disable) the product that formed the basis for Your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the Software Product is an upgrade of a component of a package of software programs that You licensed as a single product, the Software Product may be used and transferred only as part of that single product package and may not be separated for use on more than one Device.
Subscription Based Software Product. The following terms apply to You instead of the terms in the previous paragraph if You licensed a Subscription Product. If Microsoft releases any upgrades or new versions of the Subscription Product during the term of Your subscription, You will be entitled to receive a copy of such upgrade(s) or new version(s) at no additional cost, except for any applicable connection charges, taxes, duties and shipping costs if You select fulfillment by mail. Such upgrades shall be considered part of the Subscription Product and subject to all of the terms and conditions of this EULA unless otherwise indicated in any license agreement that accompanies such upgrade or new version.
4. INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property rights 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. All title and intellectual property rights in and to the content that is not contained in the Software Product, but may be accessed through use of the Software Product, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants You no rights to use such content. If this Software Product contains documentation that is provided only in electronic form, you may print one copy of such electronic documentation. You may not copy the printed materials accompanying the Software Product.
5. BACKUP COPY. After installation of one copy of the Software Product pursuant to this EULA, you may keep the original media on which the Software Product was provided by Microsoft solely for backup or archival purposes. If the original media is required to use the Software Product on the Device, you may make one copy of the Software Product solely for backup or archival purposes. Except as expressly provided in this EULA, you may not otherwise make copies of the Software Product or the printed materials accompanying the Software Product.
6. U.S. GOVERNMENT LICENSE RIGHTS. All Software Product provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All Software Product provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
7. EXPORT RESTRICTIONS. You acknowledge that the Software Product is of U.S. origin. You agree to comply with all applicable international and national laws that apply to the Software Product, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments. For additional information, see http://www.microsoft.com/exporting/.
8. APPLICABLE LAW.
If you acquired this Software Product in the United States, this EULA is governed by the laws of the State of Washington.
If you acquired this Software Product in Canada, unless expressly prohibited by local law, this EULA is governed by the laws in force in the Province of Ontario, Canada; and, in respect of any dispute which may arise hereunder, you consent to the jurisdiction of the federal and provincial courts sitting in Toronto, Ontario. If this Software 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.
9. LIMITED WARRANTY
LIMITED WARRANTY FOR SOFTWARE PRODUCTS ACQUIRED IN THE US AND CANADA. Microsoft warrants that the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying materials for a period of ninety (90) days from the date of receipt.
If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY (90) DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you.
Any supplements or updates to the SOFTWARE PRODUCT, including without limitation, any (if any) service packs or hot fixes provided to you after the expiration of the ninety (90) day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory.
LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by Microsoft, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software Product does not meet Microsoft's Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 11 below ("Exclusion of Incidental, Consequential and Certain Other Damages") are also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have others which vary from state/jurisdiction to state/jurisdiction.
YOUR EXCLUSIVE REMEDY. Microsoft's and its suppliers' entire liability and your exclusive remedy shall be, at Microsoft's option from time to time exercised subject to applicable law, (a) return of the price paid (if any) for the Software Product, or (b) repair or replacement of the Software Product, that does not meet this Limited Warranty and that is returned to Microsoft with a copy of your receipt. You will receive the remedy elected by Microsoft without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the Software Product to Microsoft). This Limited Warranty is void if failure of the Software Product has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Software Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States or Canada, neither these remedies nor any product support services offered by Microsoft are available without proof of purchase from an authorized international source. To exercise your remedy, contact: Microsoft, Attn. Microsoft Sales Information Center/One Microsoft Way/Redmond, WA 98052-6399, or the Microsoft subsidiary serving your country.
LIMITED WARRANTY FOR SOFTWARE PRODUCTS ACQUIRED OUTSIDE THE US AND CANADA. FOR THE LIMITED WARRANTIES AND SPECIAL PROVISIONS PERTAINING TO YOUR PARTICULAR JURISDICTION, PLEASE REFER TO YOUR WARRANTY BOOKLET INCLUDED WITH THIS PACKAGE OR PROVIDED WITH THE SOFTWARE PRODUCT PRINTED MATERIALS.
10. DISCLAIMER OF WARRANTIES. THE LIMITED WARRANTY THAT APPEARS ABOVE IS THE ONLY EXPRESS WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER EXPRESS WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING. EXCEPT FOR THE LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT AND ITS SUPPLIERS PROVIDE THE SOFTWARE AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OR RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.
11. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF MICROSOFT OR ANY SUPPLIER, AND EVEN IF MICROSOFT OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF MICROSOFT AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING (EXCEPT FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED BY MICROSOFT WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTY) SHAL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR U.S. $5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS (INCLUDING SECTIONS 7, 8, AND 9 ABOVE) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
13. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which is included with the Software Product) is the entire agreement between you and Microsoft relating to the Software Product and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software Product or any other subject matter covered by this EULA. To the extent the terms of any Microsoft policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.
ÕÕ
Ix-nay on the inances-fay. He's a Democrat and can therefore get away with all of that nonsense.
And don't mention the Occidental Oil holdings or the Chinese influence selling, it might scare voters away from the "good guys."
Oh, well, that's OK then.
!?!?!?!?!!
-- You can't idiot-proof anything, because they're always coming out with better idiots.
I don't know if you've noticed, but there is a huge number of network administrators and PHBs who will run all Microsoft shops no matter what happens... I work in such a shop. It is downright sickening.
...is that this just was realized. It shows how effective those EULAs are, if nobody actually read it and raised a red flag upon seeing that.
-k.
that makes it all better!! of course that seems like a perfectly reasonable and non-predatory thing to do.
jackass.
...dave
Think different? I'd be happy if most people would just think...
Read this comment. Realize that you are as guilty in this instance of the FUD you accuse MS of. Do the right thing and ammend/correct the story.
OliverWillis.Com
An Operative with an Agenda
It's a very old quote from the Inuit in Canada and Alaska. I've heard other adaptations of it but this source is the original.
An exploration of mixology, spirits and bartending.
How many businesses are going to bring out a product and happily let you use it to slag them off? I don't see anything strange in what MS have done here. This is just mindless anti-Microsoft banality again.
Instead I thought about getting really pissed tonight and vomit all over my apartment.
What will testing it accomplish?
Either the court will throw it out or uphold it. Examine each possibility for a moment.
What is the end result? Even if this licensing provision is thrown out, an MS critic (or several) have spent millions of dollars and their time in litigation. An ingenious way to drain resources from your enemy. [The Borg weapon seems to be designed merely to drain the shields.]
OTOH, if the licensing is upheld, it may mean that copyright law needs to be modified to include features that recognize licenses like this.
Those who would give up liberty in exchange for security and DRM should switch to Microsoft Palladium!
It just means we will write what we want about Microsoft using FrontPage or any other tool we wish anyway. They come to your door complaining you used FrontPage to disparage them (how *ARE* they going to know anyway unless you leave in their crappy custom META tags?), then tell them to F*CK OFF!
Come on people, get a grip.
Too many people have died in the defense of our liberties to give companies like Microsoft the time of day on crap like this. What the hell are they thinking anyway?!
Oh, and before someone ever so smartly points out that Microsoft is a private organization and can do whatever they like in a EULA because it's a contract, think twice. Think about it, why should Microsoft get to control the discourse of the common man when the government (for the most part) can not?
Are we saying that Microsoft is a special large organization that should have *MORE* power than the government?
Who would die to defend Microsoft's right to do that???
I didn't think so.
Please mod this post only if you think others should/n't read this. I have enough ego^H^H^Hkarma. Thanks!
This prompts a lawsuit that would probably fail, but would bring a huge amount of attention to the problematic liscences arising in the software industry, especially from Microsoft.
We need to sue the US Government. A suit should be filed against the US Government for violating the first amendment by requiring government employees to use Microsoft software. Crazy, somewhat frivilous, and doomed to fail, but if the media would pick it up it might work out.
Of course, no lawyer would be crazy enough to take the case, and I can't pay for one, but this could definately be a cool way to let the public realize what kind of thing comes up in those licenses that they do not read.
Darn it. I feel Sooo handicapped without it.
Slashdot doesn't censor.
By browsing at +1 (or whatever), the reader is making a decision to ignore posts that (generally like-minded) reads have chosen to ignore. This is extraordinarily effective at filtering out annoying "first post" drivel.
One might accuse moderators of modding down things they don't agree with, but if you look closely, there are many pro-MS posts that get modded up to +5 because they're intelligently written and raise good points that are worth thinking about. Remember that moderators aren't necessarily evil people - they're ordinary readers, just like you and me.
Regardless of all this, however, there is still no censorship. Your post doesn't get deleted. Anyone who wants to read your post can do so by browsing at -1.
God bless Microsoft for that, as that migration would surely be a sign that the End of Days were upon us.
CUR ALLOC 20195.....5804M
So why did MS include this restriction? So that elements that are visibly linked to Microsoft (the Frontpage logo, the MSNBC news ticker, etc) are not associated in reader's minds with content that Microsoft would rather not be associated with. Or to say it another way, MS doesn't want anyone to make the mistake of thinking that they actually endorse or support objectionable content.
The license does NOT restrict in any way what you can publish with Frontpage! It merely restricts visible elements (server-side controls and such) from being associated with objectionable content. And that seems pretty reasonable to me.
Do you suppose that CmdrTaco will update the headline to make it more accurate? Naw, this is Slashdot, MS-bashing is the #1 sport, accuracy be damned.
In a similar move Richard M Stallman released the much improved newer version of the GNU Public License today. In order to use the wording of the license in existing software, several key requirements have to be met:
... ... ... ...
Firstly, the author must be a staunch advocate of all things Open Source. The author must explain (in 100 words or more) why it is EVIL, insanitary and unhygienic to use any other option. Bonus marks are awarded for a comparison between Shared Souce and Shared Sores. (Ripped of shamelessly from User Friendly)
Secondly, the author must not buy into commercial software whatsoever, since commercial software is like a virus which affects anything it touches, in the end, forcing all software to be commercial.
Finally, the author must not use the term Linux for anything other than the kernel of the GNU/Linux operating system. Bonus marks are awarded if the author uses Hurd as an example of the ideal kernel.
Mr. Linus Torvalds was not available for comment, but upon reading this press release, Mr. William Gates called in his top lawyers mumbling something about "copyright infringement" and "those bastards can't use my own words against me!".
In related news, aliens have just been confirmed to
besides the obvious fact that it is speaking of components and not the editor itself, lets take into account how many anti-microsoft people are going to be using frontpage to make a webpage.
i mean, the odds of that happening are about the same as a slashdot editor/user actually reading the article they are commenting on.
The world moves for love. It kneels before it in awe.
Will I soon be prohibited from posting anti-MS information on sites that use IIS? How about Web servers that use Windows? If they can put this into a license legally, can they also prevent me from using IE to post anti-MS speech or Outlook to e-mail it?
No, seriously, The clause for those actions wouldn't have to be much different from this one, if you read how it's written.
Hmmm... is that LinuX (with X-Windows), or is it Mac OS X? (I guess it couldn't be Windows XP)...
-- It only takes 20 minutes for a liberal to become a conservative thanks to our new outpatient surgical procedure!
CmdrTaco,
That was the funny as hell.
Thank you,
Daanger0us
Aliens? Magnetic Rings?! Bah! Who needs that when we have
You may not use the Software in connection with any site that disparages Microsoft, MSN, MSNBC, Expedia or their products or services, infringe any intellectual property or other rights of these parties, violate any state, federal or international law, or promote racism, hatred, or pornography.
Wow, MS just told the largest segment of the web that they can't use MS software! If the porno servers all have to convert to Apache as a result of this, at least we'll be able to get porn when the next IIS virus comes along.
Merde, il pleut encore!
My current theory is that Microsoft, as a whole, doesn't really push stuff like this. My theory is that it's SPECIFICALLY the software divisions that are desparately trying to justify their budgets to the corporation as a whole (who, from what I've heard, makes much more money as an investment bank than as a software company). As their software slowly dwindles from competition, they take more and more desperate measures to try to prop up their short-term income figures and continue their budgets and salaries.
My optimistic prediction is that sometime in the future (I have no idea how many years this would take, but...) the software division will be scaled back quite a bit in Microsoft Inc as a whole, and poor Mr. Ballmer will have to dance for his wealth in a different context.
Microsoft will likely stay wealthy and powerful, but no longer through client-side software at some point.
My crackpot theory, anyway.
Hacker Public Radio is our Friend
Seems as though there was enough to make your post -1...
Maybe we should just sue anyhow.
And they wonder why people don't like them
"It is a greater offense to steal men's labor, than their clothes"
1. You may not disparage Microsoft or any of its products in your use of Microsoft product box shots.
If you use any of the Character Animation Data and Image Files, you agree to...not use the Character Animation Data and Image Files to disparage Microsoft, its products or services or for promotional goods or for products which, in Microsoft's sole judgment, may diminish or otherwise damage Microsoft's goodwill in the SOFTWARE PRODUCT....
someone mod this up, please. voices of reason are handy, and should be kept around.
The First Amendment in this case has a viral, GPL-like quality.
Who, do you think wrote the legislation that makes a corporation possible in the first place, hmmm?
That's right.. CONGRESS!
A court with its' head(s) screwed on correctly could obviate this license restriction in a heartbeat, as it IS unconstitutional.
Brak: What's THAT?
Thundercleese: A light switch.. of TOTAL DEVASTATION!
the constitution protects you from the government. It does not protect you from someone other person or company telling you what you can/can't say.
Damn straight! We want action, not words!
So what happens when the next version of Word comes out with this clause (or equivalent) attached? If they can do it for on component, I see no reason they couldn't attach it to another. Imagine the level of control a corporation that controls a very significant portion of the desktop publishing market could exert. OR, what happens if the 'this license subject to change without notice' clause is added too -- they could retroacticely make it a breach of contract for anything written with their software.
So what? So what if it says you can't say nasty things about Microsoft? So what if it says that when you use it you have to utter a praise to Bill Gates before you start? So what if it says you must not use it to provide a platform for free software?
Whenever someone bitches about the GPL and how it doesn't allow companies to take the code and use it in their own propriatory products they're almost deafened by the chant of people shouting "if you don't like the licence, don't use the code"
Same here. Quite frankly I think they can pretty much put whatever they want in it (provided its legal). If I don't like what they want me to agree to, then i won't use it.
Avantslash - View Slashdot cleanly on your mobile phone.
If this can hold up in court, imagine what they could do wth this... They could add other cluases like "can't use to create disparing remarks about the following companies: Microsoft, Sony, Ford,......."
Sony, and others could pay M$ to add them to their clause.. Man.. that would be bad..
Slashdot is like Playboy: I read it for the articles
What about community sites that allow user posting? If the admin doesn't wish to read every single post to be able to remove all disparaging remarks about Microsoft, then they can't use FrontPage Web components anywhere on that site?
What happened to my freedom of speech? If i want to say that Microsoft Sucks, shouldn't I have the right to say so? This just shows how much of a monopoly microsoft has; they cearly are controlling what people have to say about them; this is total sensorship, and I'm extremely against it, and this comprimises what web publisher, have to say about Microsoft..... Anyone else that has the same opinion? Speak UP
Microsoft is harboring Terrorists
These lawyers are in their base at Redmond.
Please do not file a bug report. Besides, he was using IE, not Konqueror. Egads.
_doug_
It's true, MS doesn't care about the slashdot community. They don't care about the people that know that what they do is wrong. Because we are not only a minority, but we don't spend that much (if anything) on MS software. We're basically nothing to MS's bottom line. So, sadly enough, complaining on Slashdot won't hurt them.
You want to get back at MS? Make open source software better than MS's. Now when I say that I don't simply mean make it more secure or stable, which is what most oss zealots seem to hear. I mean, make it more secure & stable PLUS faster, more flexible, and have a nicer, easier to use interface. Security and stability alone will not win any battles. The latter are just as important, if not more important in the eyes of the average user.
>Yes, exactly. And note that in the text of the license, it doesn't
>exclude only sites that disparage MS, but also sites that contain
>racist content, pornography, etc, etc.
is that microsoft is classifying itself in the same category as hate speech and pornography.
o.b. gratutitious recursive acronym-like stuff: Does this mean that publishing this portion of the license violates the license???
:)
hawk
I didn't agree to or pay for the license anyway.
If it won't boot, Fsck it!
While this seems to be not _quite_ as vicious as if MS's license restricted usage of the entire software... think this through a bit more.
These components (ticker, etc.) are dependent upon continual communication with MS's central servers - so the license's assumption is that because you are (in a very technical way) making yourself a "business" partner of MS by using these components, you must not badmouth your "business" partner while you make use of these components. This is "fair enough" at face value.
Taking the long-term perspective, this approach to licensing is the direct result of the "software-as-a-service" model which MS is pushing all of their software towards.
With that in mind, how long do you think it will be before MS begins to license _the entirety_ of their applications in this way? After all, they'll all be "services" provided by MS's central servers, requiring constant access to MS's servers, not to mentione authentication under MS's new licensing requirements.
Now imagine that you're a reporter/lawyer (everyday Joe & not a Linux geek), and having your access to using your Windows desktop revoked becuase MS doesn't like a document you wrote up about them.
This kind of licensing is the thin end of an infinitely wide wedge between everyday users and control over what they do with their computers.
It's very, very silly that people are saying oh, it's OK because it's just components for the server. I.e. if you are a gung-ho-Microsoft-can do-no-wrong kind of person you get full use of the software you paid for, but if you even question Microsoft once on your web site you lose the right to use parts of the software you paid for?
Here's the next step: Microsoft Word XP2: new clause in the license makes it such that if you ever write anything bad about Microsoft in a document created with Word XP2 you may no longer use the "Save component".
--- What?
Heh, Gatesco's army of trained attack lawyers outta have fun scanning geocities and tripod anti-MS pages for 'generator = "MS Frontpage"' meta tags.
/.
/. is generated on Linux, Taco. How 'bout giving the MSies something to froth about and have Apache or Slash add the tag?
BUT... we should remember data on the web is always mutable. I understand that there are Apache mods which will appened information to any document served, letting a free hosting provider 'add' banners to any given webpage for example. It wouldn't be any trick at all to add code to Apache or any other server software that would add the formentioned meta tag to every document served from a high-traffic site such as
We all know that ever last bit of
The next Slashdot story will be ready soon, but subscribers can beat the rush and slashdot the links early!
Sure, providing you ever managed to get that law passed...
But MS has Deep Pockets. How many "campaign contributions" do you think it would take to kill anything remotely like this?
Bah.
Consider this.
Government Investigates MS for Monopolistic practices.
They need put up results on WEB site
Someone 'mentions' new licencing scheme to Gov.
Concludes that calling MS a monopoly would put Gov in difficult position
Gov finds it can't use MS Frontpage
Gov goes to Linux
MS looses massive amounts of money on Governement contracts.
We laugh our asses off.
make Linux, not Microsoft. sin(beast) = -0.809016994374947424102293417182819
The misinformed article is probably talking about either a specific componenent and content or about the logo program. I dislike reporters who report "a reader informed me" as FACT. If a reader informs you then research it and post it as fact and not as rumor. MS is just protecting it's rights of trademark and copyright, and while most people here don't agree that anyone should have those rights they do still exist. Note that there are laws that allow criticism and sarcasm about a company, person, government, or product. This allows for reviews and parody, which differ from disparagement. Disparage is primarily to lower in rank or character using words that cause harm or resentment. Therefore MS is attempting to reduce the number of people using it's logo/content/product to spread discontent about it's product.
I don't see any harm done.
The Frontpage 2002 EULA (in it's entirety):
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 person or a single legal entity, who will be referred to in this EULA as "You") and Microsoft Corporation for the Microsoft software product that accompanies this EULA, including any associated media, printed materials and electronic documentation (the "Software Product"). The Software Product also includes any software updates, add-on components, web services and/or supplements that Microsoft may provide to You or make available to You after the date You obtain Your initial copy of the Software Product to the extent that such items are not accompanied by a separate license agreement or terms of use. By installing, copying, downloading, accessing 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, do not install, access or use the Software Product; instead, You should return it to Your place of purchase for a full refund. SOFTWARE PRODUCT LICENSE The Software Product is protected by intellectual property laws and treaties. The Software Product is licensed, not sold. 1. GRANT OF LICENSE. This Section of the EULA describes Your general rights to install and use the Software Product The license rights described in this Section are subject to all other terms and conditions of this EULA. General License Grant to Install and Use Software Product. You may install and use one copy of the Software Product on a single computer, device, workstation, terminal, or other digital electronic or analog device ("Device"). You may make a second copy of the Software Product and install it on a portable Device for the exclusive use of the person who is the primary user of the first copy of the Software Product. A license for the Software Product may not be shared. Alternative License Grant for Storage/Network Use. As an alternative to the rights granted in the previous section, You may install a copy of the Software Product on one storage Device, such as a network server, and allow individuals within Your business or enterprise to access and use the Software Product from other Devices over a private network, provided that You acquire and dedicate a license for the storage Device upon which the Software Product is installed and each separate Device from which the Software Product is accessed and used. A license for the Software Product may not be used concurrently on different Devices. General License Grant to Install and Use Subscription Product. The following licensing terms apply to You instead of the license grants in the previous two paragraphs if You licensed a subscription-based Software Product (a "Subscription Product"). You may install one copy of the Subscription Product on a single Device and use the Subscription Product for the term of Your subscription. You may also exercise the additional license rights described in the paragraphs below, but only for the term of Your subscription. The initial subscription period begins on the date You first activate Your copy of the Subscription Product and ends three hundred and sixty five (365) days thereafter. You cannot use the Subscription Product after Your subscription expires unless You renew or extend Your subscription. By renewing or extending Your subscription, You will be entitled to continue using the Subscription Product for a specified period of time beyond the date when Your previous subscription would have otherwise ended. All the terms and conditions of this EULA will continue to apply to Your use of the Subscription Product during any subsequent renewal periods unless otherwise specified. After the expiration of Your subscription, You can continue to open, view and print any documents You created with the Subscription Product. Additional License Grant for Media Elements. The Software Product may include certain photographs, clip art, animations, sounds, music and video clips (together "Media Elements"). If so, the following terms describe Your rights to the Media Elements: o Except as specified in the next Section, You may use, copy and modify the Media Elements and distribute copies of the Media Elements, along with Your modifications, as part of Your software product(s) and service(s), including Your web site(s). o You are not licensed to do any of the following: o You may not sell, license or distribute copies of the Media Elements on a stand-alone basis or as part of any collection, product or service where the primary value of the product or service are the Media Elements. o You may not use or distribute any of the Media Elements that include representations of identifiable individuals, governments, logos, initials, emblems, trademarks, or entities for any commercial purposes or to express or imply any endorsement or association with any product, service, entity, or activity. o You may not create obscene or scandalous works, as defined by federal law at the time the work is created, using the Media Elements. o You must indemnify, hold harmless, and defend Microsoft from and against any claims or lawsuits, including attorneys' fees, that arise from or result from the use or distribution of Media Elements as modified by You. o You must include a valid copyright notice on Your products and services that include copies of the Media Elements. o You may not permit third parties to distribute copies of the Media Elements except as part of Your product or service. Additional License Grant for SharePoint Team Services. The Software Product may contain a copy of the Sharepoint Team Services. If so, You may install one copy of such software on one Device and allow an unlimited number of individuals within Your business or enterprise to access and use the Sharepoint Team Services from other Devices provided that You acquire and dedicate a license to the Software Product for the Device upon which the Sharepoint Team Services are installed. Reservation of Rights. All rights not expressly granted are reserved by Microsoft. 2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. Academic Edition Software. If the Software Product is identified as "Academic Edition" or "AE," You must be a "Qualified Educational User" to use the Software Product. If You are not a Qualified Educational User, You have no rights under this EULA. To determine whether You are a Qualified Educational User, please contact the Microsoft Sales Information Center/One Microsoft Way/Redmond, WA 98052-6399 or the Microsoft subsidiary serving Your country. Mandatory Activation. You may not be able to exercise Your rights to the Software Product under this EULA after a finite number of product launches unless You activate Your copy of the Software Product in the manner described during the launch sequence. Copy Protection. The Software Product may include copy protection technology to prevent the unauthorized copying of the Software Product or may require original media for use of the Software Product on the Device. It is illegal to make unauthorized copies of the Software Product or to circumvent any copy protection technology included in the Software Product. Not for Resale Software. If the Software Product is labeled "Not For Resale" or "NFR," then, notwithstanding other sections of this EULA, Your use of the Software Product is limited to use for demonstration, test, or evaluation purposes and You may not resell, or otherwise transfer for value, the Software Product. 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 Component Parts. The Software Product is licensed as a single product. Its component parts may not be separated for use on more than one Device unless expressly permitted by this EULA. Trademarks. This EULA does not grant You any rights in connection with any trademarks or service marks of Microsoft. No rental, leasing or commercial hosting. You may not rent, lease, lend or provide commercial hosting services to third parties with the Software Product. Support Services. Microsoft may provide You with support services related to the Software Product ("Support Services"). Use of Support Services is governed by the Microsoft policies and programs described in the user manual, in "online" documentation, or in other Microsoft-provided materials. Any supplemental software code provided to You as part of the Support Services are considered part of the Software Product and subject to the terms and conditions of this EULA. You acknowledge and agree that Microsoft may use technical information You provide to Microsoft as part of the Support Services for its business purposes, including for product support and development. Microsoft will not utilize such technical information in a form that personally identifies You. Software Transfer. Except as specified in this Section, the initial licensee of the Software Product may make a one-time permanent transfer of this EULA and Software Product only directly to an end user. This transfer must include 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). Such transfer may not be by way of consignment or any other indirect transfer. The transferee of such one-time transfer must agree to comply with the terms of this EULA, including the obligation not to further transfer this EULA and Software Product. Subscription Products are non-transferable. 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. UPGRADES. Standard Software Product. If the Software Product is labeled as an upgrade, You must be properly licensed to use a product identified by Microsoft as being eligible for the upgrade in order to use the Software Product. A Software Product labeled as an upgrade replaces or supplements (and may disable) the product that formed the basis for Your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the Software Product is an upgrade of a component of a package of software programs that You licensed as a single product, the Software Product may be used and transferred only as part of that single product package and may not be separated for use on more than one Device. Subscription Based Software Product. The following terms apply to You instead of the terms in the previous paragraph if You licensed a Subscription Product. If Microsoft releases any upgrades or new versions of the Subscription Product during the term of Your subscription, You will be entitled to receive a copy of such upgrade(s) or new version(s) at no additional cost, except for any applicable connection charges, taxes, duties and shipping costs if You select fulfillment by mail. Such upgrades shall be considered part of the Subscription Product and subject to all of the terms and conditions of this EULA unless otherwise indicated in any license agreement that accompanies such upgrade or new version. 4. INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property rights 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. All title and intellectual property rights in and to the content that is not contained in the Software Product, but may be accessed through use of the Software Product, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants You no rights to use such content. If this Software Product contains documentation that is provided only in electronic form, you may print one copy of such electronic documentation. You may not copy the printed materials accompanying the Software Product. 5. BACKUP COPY. After installation of one copy of the Software Product pursuant to this EULA, you may keep the original media on which the Software Product was provided by Microsoft solely for backup or archival purposes. If the original media is required to use the Software Product on the Device, you may make one copy of the Software Product solely for backup or archival purposes. Except as expressly provided in this EULA, you may not otherwise make copies of the Software Product or the printed materials accompanying the Software Product. 6. U.S. GOVERNMENT LICENSE RIGHTS. All Software Product provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All Software Product provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable. 7. EXPORT RESTRICTIONS. You acknowledge that the Software Product is of U.S. origin. You agree to comply with all applicable international and national laws that apply to the Software Product, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments. For additional information, see http://www.microsoft.com/exporting/. 8. APPLICABLE LAW. If you acquired this Software Product in the United States, this EULA is governed by the laws of the State of Washington. If you acquired this Software Product in Canada, unless expressly prohibited by local law, this EULA is governed by the laws in force in the Province of Ontario, Canada; and, in respect of any dispute which may arise hereunder, you consent to the jurisdiction of the federal and provincial courts sitting in Toronto, Ontario. If this Software 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. 9. LIMITED WARRANTY LIMITED WARRANTY FOR SOFTWARE PRODUCTS ACQUIRED IN THE US AND CANADA. Microsoft warrants that the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying materials for a period of ninety (90) days from the date of receipt. If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY (90) DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you. Any supplements or updates to the SOFTWARE PRODUCT, including without limitation, any (if any) service packs or hot fixes provided to you after the expiration of the ninety (90) day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory. LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by Microsoft, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software Product does not meet Microsoft's Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 11 below ("Exclusion of Incidental, Consequential and Certain Other Damages") are also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have others which vary from state/jurisdiction to state/jurisdiction. YOUR EXCLUSIVE REMEDY. Microsoft's and its suppliers' entire liability and your exclusive remedy shall be, at Microsoft's option from time to time exercised subject to applicable law, (a) return of the price paid (if any) for the Software Product, or (b) repair or replacement of the Software Product, that does not meet this Limited Warranty and that is returned to Microsoft with a copy of your receipt. You will receive the remedy elected by Microsoft without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the Software Product to Microsoft). This Limited Warranty is void if failure of the Software Product has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Software Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States or Canada, neither these remedies nor any product support services offered by Microsoft are available without proof of purchase from an authorized international source. To exercise your remedy, contact: Microsoft, Attn. Microsoft Sales Information Center/One Microsoft Way/Redmond, WA 98052-6399, or the Microsoft subsidiary serving your country. LIMITED WARRANTY FOR SOFTWARE PRODUCTS ACQUIRED OUTSIDE THE US AND CANADA. FOR THE LIMITED WARRANTIES AND SPECIAL PROVISIONS PERTAINING TO YOUR PARTICULAR JURISDICTION, PLEASE REFER TO YOUR WARRANTY BOOKLET INCLUDED WITH THIS PACKAGE OR PROVIDED WITH THE SOFTWARE PRODUCT PRINTED MATERIALS. 10. DISCLAIMER OF WARRANTIES. THE LIMITED WARRANTY THAT APPEARS ABOVE IS THE ONLY EXPRESS WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER EXPRESS WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING. EXCEPT FOR THE LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT AND ITS SUPPLIERS PROVIDE THE SOFTWARE AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OR RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE. 11. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF MICROSOFT OR ANY SUPPLIER, AND EVEN IF MICROSOFT OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 12. LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF MICROSOFT AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING (EXCEPT FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED BY MICROSOFT WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTY) SHAL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR U.S. $5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS (INCLUDING SECTIONS 7, 8, AND 9 ABOVE) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. 13. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which is included with the Software Product) is the entire agreement between you and Microsoft relating to the Software Product and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software Product or any other subject matter covered by this EULA. To the extent the terms of any Microsoft policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. Si vous avez acquis votre produit Microsoft au CANADA, la garantie limitée suivante vous concerne : GARANTIE LIMITÉE Microsoft garantit que le Produit fonctionnera conformément aux documents inclus pendant une période de 90 jours suivant la date de réception. Si une garantie ou condition implicite est créée par votre État ou votre territoire et qu'une loi fédérale ou provinciale ou État en interdit le déni, vous jouissez également d'une garantie ou condition implicite, MAIS UNIQUEMENT POUR LES DÉFAUTS DÉCOUVERTS DURANT LA PÉRIODE DE LA PRÉSENTE GARANTIE LIMITÉE (QUATRE-VINGT-DIX JOURS). IL N'Y A AUCUNE GARANTIE OU CONDITION DE QUELQUE NATURE QUE CE SOIT QUANT AUX DÉFAUTS DÉCOUVERTS APRÈS CETTE PÉRIODE DE QUATRE-VINGT-DIX JOURS. Certains États ou territoires ne permettent pas de limiter la durée d'une garantie ou condition implicite de sorte que la limitation cidessus peut ne pas s'appliquer à vous. Tous les suppléments ou toutes les mises à jour relatifs au Produit, notamment, les ensembles de services ou les réparations à chaud (le cas échéant) qui vous sont fournis après l'expiration de la période de quatre-vingt-dix jours de la garantie limitée ne sont pas couverts par quelque garantie ou condition que ce soit, expresse ou implicite. LIMITATION DES RECOURS; ABSENCE DE DOMMAGES INDIRECTS OU AUTRES. Votre recours exclusif pour toute violation de la présente garantie limitée est décrit ciaprès. Sauf pour tout remboursement au choix de Microsoft, si le Produit ne respecte pas la garantie limitée de Microsoft et, dans la mesure maximale permise par les lois applicables, même si tout recours n'atteint pas son but essentiel, VOUS N'AVEZ DROIT À AUCUNS DOMMAGES, NOTAMMENT DES DOMMAGES INDIRECTS. Les modalités de la clause Exclusion des dommages accessoires, indirects et de certains autres dommages sont également intégrées à la présente garantie limitée. Certains États ou territoires ne permettent pas l'exclusion ou la limitation des dommages indirects ou accessoires de sorte que la limitation ou l'exclusion cidessus peut ne pas s'appliquer à vous. La présente garantie limitée vous donne des droits légaux spécifiques. Vous pouvez avoir d'autres droits qui peuvent varier d'un territoire ou d'un État à un autre. VOTRE RECOURS EXCLUSIF. L'obligation intégrale de Microsoft et de ses fournisseurs et votre recours exclusif seront, selon le choix de Microsoft de temps à autre sous réserve de toute loi applicable, a) le remboursement du prix payé, le cas échéant, pour le Produit ou b) la réparation ou le remplacement du Produit qui ne respecte pas la présente garantie limitée et qui est retourné à Microsoft avec une copie de votre reçu. Vous recevrez la compensation choisie par Microsoft, sans frais, sauf que vous êtes responsable des dépenses que vous pourriez engager (p. ex., les frais d'envoi du Produit à Microsoft). La présente garantie limitée est nulle si la défectuosité du Produit est causée par un accident, un usage abusif, une mauvaise application, un usage anormal ou un virus. Tout Produit de remplacement sera garanti pour le reste de la période de garantie initiale ou pendant trente (30) jours, selon la plus longue entre ces deux périodes. À l'extérieur des États-Unis ou du Canada, ces recours ou l'un quelconque des services de soutien technique offerts par Microsoft ne sont pas disponibles sans preuve d'achat d'une source internationale autorisée. Pour exercer votre recours, vous devez communiquer avec Microsoft et vous adresser au Microsoft Sales Information Center/One Microsoft Way/Redmond, WA 98052-6399, ou à la filiale de Microsoft de votre pays. DÉNI DE GARANTIES. La garantie limitée mentionnée ci-dessus constitue la seule garantie expresse qui vous est donnée et remplace toutes autres garanties expresses (s'il en est) mentionnées dans un document ou sur un emballage. Sauf en ce qui a trait à la garantie limitée et dans la mesure maximale permise par les lois applicables, le Produit et les services de soutien technique (le cas échéant) sont fournis TELS QUELS ET AVEC TOUS LES DÉFAUTS par Microsoft et ses fournisseurs, lesquels par les présentes dénient toutes autres garanties et conditions expresses, implicites ou en vertu de la loi, notamment (le cas échéant) les garanties, devoirs ou conditions implicites de qualité marchande, d'adaptation à un usage particulier, d'exactitude ou d'exhaustivité des réponses, des résultats, des efforts déployés selon les règles de l'art, d'absence de virus et de négligence, le tout à l'égard du Produit et de la prestation des services de soutien technique ou de l'omission d'une telle prestation. PAR AILLEURS, IL N'Y A AUCUNE GARANTIE OU CONDITION QUANT AU TITRE DE PROPRIÉTÉ, À LA JOUISSANCE OU LA POSSESSION PAISIBLE, À LA CONCORDANCE À UNE DESCRIPTION NI QUANT À UNE ABSENCE DE CONTREFAÇON CONCERNANT LE PRODUIT. EXCLUSION DES DOMMAGES ACCESSOIRES, INDIRECTS ET DE CERTAINS AUTRES DOMMAGES. DANS LA MESURE MAXIMALE PERMISE PAR LES LOIS APPLICABLES, EN AUCUN CAS MICROSOFT OU SES FOURNISSEURS NE SERONT RESPONSABLES DES DOMMAGES SPÉCIAUX, CONSÉCUTIFS, ACCESSOIRES OU INDIRECTS DE QUELQUE NATURE QUE CE SOIT (NOTAMMENT, LES DOMMAGES À L'ÉGARD DU MANQUE À GAGNER OU DE LA DIVULGATION DE RENSEIGNEMENTS CONFIDENTIELS OU AUTRES, DE LA PERTE D'EXPLOITATION, DE BLESSURES CORPORELLES, DE LA VIOLATION DE LA VIE PRIVÉE, DE L'OMISSION DE REMPLIR TOUT DEVOIR, Y COMPRIS D'AGIR DE BONNE FOI OU D'EXERCER UN SOIN RAISONNABLE, DE LA NÉGLIGENCE ET DE TOUTE AUTRE PERTE PÉCUNIAIRE OU AUTRE PERTE DE QUELQUE NATURE QUE CE SOIT) SE RAPPORTANT DE QUELQUE MANIÈRE QUE CE SOIT À L'UTILISATION DU PRODUIT OU À L'INCAPACITÉ DE S'EN SERVIR, À LA PRESTATION OU À L'OMISSION D'UNE TELLE PRESTATION DE SERVICES DE SOUTIEN TECHNIQUE OU AUTREMENT AUX TERMES DE TOUTE DISPOSITION DU PRÉSENT EULA OU RELATIVEMENT À UNE TELLE DISPOSITION, MÊME EN CAS DE FAUTE, DE DÉLIT CIVIL (Y COMPRIS LA NÉGLIGENCE), DE RESPONSABILITÉ STRICTE, DE VIOLATION DE CONTRAT OU DE VIOLATION DE GARANTIE DE MICROSOFT OU DE TOUT FOURNISSEUR ET MÊME SI MICROSOFT OU TOUT FOURNISSEUR A ÉTÉ AVISÉ DE LA POSSIBILITÉ DE TELS DOMMAGES. LIMITATION DE RESPONSABILITÉ ET RECOURS. Malgré les dommages que vous puissiez subir pour quelque motif que ce soit (notamment, tous les dommages susmentionnés et tous les dommages directs ou généraux), l'obligation intégrale de Microsoft et de l'un ou l'autre de ses fournisseurs aux termes de toute disposition du présent EULA et votre recours exclusif à l'égard de tout ce qui précède (sauf en ce qui concerne tout recours de réparation ou de remplacement choisi par Microsoft à l'égard de tout manquement à la garantie limitée) se limite au plus élevé entre les montants suivants : le montant que vous avez réellement payé pour le Produit ou 5,00 $US. Les limites, exclusions et dénis qui précèdent (y compris les clauses ci-dessus), s'appliquent dans la mesure maximale permise par les lois applicables, même si tout recours n'atteint pas son but essentiel. La présente Convention est régie par les lois de la province d'Ontario, Canada. Chacune des parties à la présente reconnaît irrévocablement la compétence des tribunaux de la province d'Ontario et consent à instituer tout litige qui pourrait découler de la présente auprès des tribunaux situés dans le district judiciaire de York, province d'Ontario. Au cas où vous auriez des questions concernant cette licence ou que vous désiriez vous mettre en rapport avec Microsoft pour quelque raison que ce soit, veuillez contacter la succursale Microsoft desservant votre pays, dont l'adresse est fournie dans ce produit, ou écrivez à : Microsoft Sales Information Center, One Microsoft Way, Redmond, Washington 98052-6399."Do not be swept up in the momentum of mediocrity." - anon
Am I the only one who sees the need for "-1: Irony-impaired" moderation?
The Internet, the most widely used medium for communication and freedom of speech is controlled by the tools that allow us to speak. Whether its a messaging system such as ICQ or AIM or your HTML editor itself...
I find it very startling that it is legally possible to license such communication tools as if they were in a communist or censored environment. Now that Microsoft has set the precedent, where do we go from here?
Will every company put in a clause in their licensing saying you can't bash them? How far will it go and where will it end?
Regardless of the fact that you probably wouldn't buy FrontPage 2002 if you had strong regards towards Microsoft - I have to wonder how this is even legal under the laws of free speech. Big companies are going to all out war to control Internet content and make their software the standard, does this mean their licensing will be able to dicate what we can say? Feature-wise it already has some control of what we can do...
How interesting it would be to have a communist Internet in a democratic country.
Scott
[sig]darkfus[/sig]
There is a very common misperception that there's some law or amendment or something that prevents companies from trying to censor people. There's not. The First Amendment restricts what the government is able to do. Not private people or corporations.
Let's get this straight once and for all. The Constitution for the most part restricts what the government is able to do. Let's take a look at the First Amendment.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Please note that it is Congress being restricted here. There's no mention of private parties. It is quite common for contracts between private entities to place restrictions on speech. NDA's for employees and timed NDA's for review hardware. Settlements of big lawsuits almost always have a restriction in them about speaking about the case.
For example, if you work for a company and make a very public statement criticizing that company. They have every right to fire you. Your "First Amendment" rights aren't being violated. The government isn't doing anything. This is just is just a general example and there are some protected behaviors like whistle-blowing and such.
The Math Maestro Tutoring Services in Seattle
Different items. I think the FrontPage Web Components != FP Server extensions. I think that the web components are small units of content that you can get from MSN. The Server Extensions on the other hand are required to serve frontpage HTML.
There are no trails. There are no trees out here.
If there were, then whither slashdot, as so many users actully use IE.
Still using NS 4.75 =p
A feeling of having made the same mistake before: Deja Foobar
The First Amendment (to the Constitution of the United States of America) explictly disallows the government from abridging your right to free speech.
This is a contract issue, and as such, not bound by it, or concerned with it.
NDAs, trade secrets, and contracts often have exclusions - legally upheld many times - on what can be said and when.
Addison
If they try to claim the bot can't read it, then claim you did not read their EULA.
Fight fire with fire, but never bring a knife to a gun fight.
Fight Spammers!
OK then here it is, or at least the one I have. Excuse the fucked formatting, apparently the lameness filter objected to some of the HTML.
Now, where's that clause? Well shit, it's not there. Surprise.
END USER LICENSE AGREEMENT FOR MICROSOFT SOFTWARE.
IMPORTANT-READ CAREFULLY:
SOFTWARE PRODUCT LICENSE
The Software Product is protected by intellectual property laws and treaties.
The Software Product is licensed, not sold.
1. GRANT OF LICENSE. This Section of the EULA describes Your general
rights to install and use the Software Product The license rights described in
this Section are subject to all other terms and conditions of this EULA.
Additional License Grant for SharePoint Team Services. The Software
Product may contain a copy of the Sharepoint Team Services. If so, You may
install one copy of such software on one Device and allow an unlimited number
of individuals within Your business or enterprise to access and use the
Sharepoint Team Services from other Devices provided that You acquire and
dedicate a license to the Software Product for the Device upon which the
Sharepoint Team Services are installed.
Reservation of Rights. All rights not expressly granted are reserved by
Microsoft.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
If the Software Product is identified as
"Academic Edition" or "AE," You must be a "Qualified
Educational User" to use the Software Product. If You are not a Qualified
Educational User, You have no rights under this EULA. To determine whether You
are a Qualified Educational User, please contact the Microsoft Sales
Information Center/One Microsoft Way/Redmond, WA 98052-6399 or the Microsoft
subsidiary serving Your country.
Mandatory Activation. You may not be able to exercise Your rights to the
Software Product under this EULA after a finite number of product launches
unless You activate Your copy of the Software Product in the manner described
during the launch sequence.
Copy Protection. The Software Product may include copy protection
technology to prevent the unauthorized copying of the Software Product or may
require original media for use of the Software Product on the Device. It is
illegal to make unauthorized copies of the Software Product or to circumvent any
copy protection technology included in the Software Product.
Not for Resale Software. If the Software Product is labeled "Not For
Resale" or "NFR," then, notwithstanding other sections of this
EULA, Your use of the Software Product is limited to use for demonstration,
test, or evaluation purposes and You may not resell, or otherwise transfer for
value, the Software Product.
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 Component Parts. The Software Product is licensed as a
single product. Its component parts may not be separated for use on more than
one Device unless expressly permitted by this EULA.
Trademarks. This EULA does not grant You any rights in connection with
any trademarks or service marks of Microsoft.
No rental, leasing or commercial hosting. You may not rent, lease, lend
or provide commercial hosting services to third parties with the Software
Product.
Support Services. Microsoft may provide You with support services related
to the Software Product ("Support Services"). Use of Support Services
is governed by the Microsoft policies and programs described in the user manual,
in "online" documentation, or in other Microsoft-provided materials.
Any supplemental software code provided to You as part of the Support Services
are considered part of the Software Product and subject to the terms and
conditions of this EULA. You acknowledge and agree that Microsoft may use
technical information You provide to Microsoft as part of the Support Services
for its business purposes, including for product support and development.
Microsoft will not utilize such technical information in a form that personally
identifies You.
Software Transfer. Except as specified in this Section, the initial
licensee of the Software Product may make a one-time permanent transfer of this
EULA and Software Product only directly to an end user. This transfer must
include 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). Such transfer may not be by way of consignment or
any other indirect transfer. The transferee of such one-time transfer must agree
to comply with the terms of this EULA, including the obligation not to further
transfer this EULA and Software Product. Subscription Products are
non-transferable.
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. UPGRADES.
If the Software Product is labeled as an
upgrade, You must be properly licensed to use a product identified by
Microsoft as being eligible for the upgrade in order to use the Software
Product. A Software Product labeled as an upgrade replaces or supplements (and
may disable) the product that formed the basis for Your eligibility for the
upgrade. You may use the resulting upgraded product only in accordance with
the terms of this EULA. If the Software Product is an upgrade of a component
of a package of software programs that You licensed as a single product, the
Software Product may be used and transferred only as part of that single
product package and may not be separated for use on more than one Device.
Subscription Based Software Product. The following terms apply to You
instead of the terms in the previous paragraph if You licensed a Subscription
Product. If Microsoft releases any upgrades or new versions of the Subscription
Product during the term of Your subscription, You will be entitled to receive a
copy of such upgrade(s) or new version(s) at no additional cost, except for any
applicable connection charges, taxes, duties and shipping costs if You select
fulfillment by mail. Such upgrades shall be considered part of the Subscription
Product and subject to all of the terms and conditions of this EULA unless
otherwise indicated in any license agreement that accompanies such upgrade or
new version.
4. INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property
rights 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. All
title and intellectual property rights in and to the content that is not
contained in the Software Product, but may be accessed through use of the
Software Product, is the property of the respective content owners and may be
protected by applicable copyright or other intellectual property laws and
treaties. This EULA grants You no rights to use such content. If this Software
Product contains documentation that is provided only in electronic form, you may
print one copy of such electronic documentation. You may not copy the printed
materials accompanying the Software Product.
5. BACKUP COPY. After installation of one copy of the Software Product
pursuant to this EULA, you may keep the original media on which the Software
Product was provided by Microsoft solely for backup or archival purposes. If the
original media is required to use the Software Product on the Device, you may
make one copy of the Software Product solely for backup or archival purposes.
Except as expressly provided in this EULA, you may not otherwise make copies of
the Software Product or the printed materials accompanying the Software Product.
6. U.S. GOVERNMENT LICENSE RIGHTS. All Software Product provided to the
U.S. Government pursuant to solicitations issued on or after December 1, 1995 is
provided with the commercial license rights and restrictions described elsewhere
herein. All Software Product provided to the U.S. Government pursuant to
solicitations issued prior to December 1, 1995 is provided with RESTRICTED
RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR
252.227-7013 (OCT 1988), as applicable.
7. EXPORT RESTRICTIONS. You acknowledge that the Software Product is of
U.S. origin. You agree to comply with all applicable international and national
laws that apply to the Software Product, including the U.S. Export
Administration Regulations, as well as end-user, end-use and destination
restrictions issued by U.S. and other governments. For additional information,
see http://www.microsoft.com/exporting/.
8. APPLICABLE LAW.
If you acquired this Software Product in the United States, this EULA is
governed by the laws of the State of Washington.
If you acquired this Software Product in Canada, unless expressly prohibited
by local law, this EULA is governed by the laws in force in the Province of
Ontario, Canada; and, in respect of any dispute which may arise hereunder, you
consent to the jurisdiction of the federal and provincial courts sitting in
Toronto, Ontario. If this Software 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.
9. LIMITED WARRANTY
LIMITED WARRANTY FOR SOFTWARE PRODUCTS ACQUIRED IN THE US AND CANADA.
Microsoft warrants that the SOFTWARE PRODUCT will perform substantially in
accordance with the accompanying materials for a period of ninety (90) days from
the date of receipt.
If an implied warranty or condition is created by your state/jurisdiction and
federal or state/provincial law prohibits disclaimer of it, you also have an
implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE
PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED
AFTER THE NINETY (90) DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND.
Some states/jurisdictions do not allow limitations on how long an implied
warranty or condition lasts, so the above limitation may not apply to you.
Any supplements or updates to the SOFTWARE PRODUCT, including without
limitation, any (if any) service packs or hot fixes provided to you after the
expiration of the ninety (90) day Limited Warranty period are not covered by any
warranty or condition, express, implied or statutory.
LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive
remedy for any breach of this Limited Warranty is as set forth below. Except for
any refund elected by Microsoft, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING
BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software Product does not meet
Microsoft's Limited Warranty, and, to the maximum extent allowed by applicable
law, even if any remedy fails of its essential purpose. The terms of Section 11
below ("Exclusion of Incidental, Consequential and Certain Other
Damages") are also incorporated into this Limited Warranty. Some
states/jurisdictions do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation or exclusion may not apply to
you. This Limited Warranty gives you specific legal rights. You may have others
which vary from state/jurisdiction to state/jurisdiction.
YOUR EXCLUSIVE REMEDY. Microsoft's and its suppliers' entire liability and
your exclusive remedy shall be, at Microsoft's option from time to time
exercised subject to applicable law, (a) return of the price paid (if any) for
the Software Product, or (b) repair or replacement of the Software Product, that
does not meet this Limited Warranty and that is returned to Microsoft with a
copy of your receipt. You will receive the remedy elected by Microsoft without
charge, except that you are responsible for any expenses you may incur (e.g.
cost of shipping the Software Product to Microsoft). This Limited Warranty is
void if failure of the Software Product has resulted from accident, abuse,
misapplication, abnormal use or a virus. Any replacement Software Product will
be warranted for the remainder of the original warranty period or thirty (30)
days, whichever is longer. Outside the United States or Canada, neither these
remedies nor any product support services offered by Microsoft are available
without proof of purchase from an authorized international source. To exercise
your remedy, contact: Microsoft, Attn. Microsoft Sales Information Center/One
Microsoft Way/Redmond, WA 98052-6399, or the Microsoft subsidiary serving your
country.
LIMITED WARRANTY FOR SOFTWARE PRODUCTS ACQUIRED OUTSIDE THE US AND CANADA.
FOR THE LIMITED WARRANTIES AND SPECIAL PROVISIONS PERTAINING TO YOUR PARTICULAR
JURISDICTION, PLEASE REFER TO YOUR WARRANTY BOOKLET INCLUDED WITH THIS PACKAGE
OR PROVIDED WITH THE SOFTWARE PRODUCT PRINTED MATERIALS.
10. DISCLAIMER OF WARRANTIES. THE LIMITED WARRANTY THAT APPEARS ABOVE IS
THE ONLY EXPRESS WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER
EXPRESS WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING. EXCEPT
FOR THE LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
MICROSOFT AND ITS SUPPLIERS PROVIDE THE SOFTWARE AND SUPPORT SERVICES (IF ANY) AS
IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND
CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO,
ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF
FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OR RESPONSES, OF
RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES AND OF LACK OF NEGLIGENCE,
ALL WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE
SUPPORT SERVICES. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET
ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT
WITH REGARD TO THE SOFTWARE.
11. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT OR
ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL
DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS
OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL
INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD
FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR
OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR
INABILITY TO USE THE SOFTWARE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE
SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS
EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT
LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF MICROSOFT OR ANY
SUPPLIER, AND EVEN IF MICROSOFT OR ANY SUPPLIER HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
12. LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES
THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE
LIABILITY OF MICROSOFT AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS EULA
AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING (EXCEPT FOR ANY REMEDY OF
REPAIR OR REPLACEMENT ELECTED BY MICROSOFT WITH RESPECT TO ANY BREACH OF THE
LIMITED WARRANTY) SHAL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY
YOU FOR THE SOFTWARE OR U.S. $5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND
DISCLAIMERS (INCLUDING SECTIONS 7, 8, AND 9 ABOVE) SHALL APPLY TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL
PURPOSE.
13. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to
this EULA which is included with the Software Product) is the entire agreement
between you and Microsoft relating to the Software Product and the support
services (if any) and they supersede all prior or contemporaneous oral or
written communications, proposals and representations with respect to the
Software Product or any other subject matter covered by this EULA. To the extent
the terms of any Microsoft policies or programs for support services conflict
with the terms of this EULA, the terms of this EULA shall control.
Si vous avez acquis votre produit Microsoft au CANADA, la garantie limitée :
suivante vous concerne
GARANTIE LIMITÉE
Microsoft garantit que le Produit fonctionnera conformément aux documents
inclus pendant une période de 90 jours suivant la date de réception.
Si une garantie ou condition implicite est créée par votre État ou votre
territoire et qu'une loi fédérale ou provinciale ou État en interdit le
déni, vous jouissez également d'une garantie ou condition implicite, MAIS
UNIQUEMENT POUR LES DÉFAUTS DÉCOUVERTS DURANT LA PÉRIODE DE LA PRÉSENTE
GARANTIE LIMITÉE (QUATRE-VINGT-DIX JOURS). IL N'Y A AUCUNE GARANTIE OU
CONDITION DE QUELQUE NATURE QUE CE SOIT QUANT AUX DÉFAUTS DÉCOUVERTS APRÈS
CETTE PÉRIODE DE QUATRE-VINGT-DIX JOURS. Certains États ou territoires ne
permettent pas de limiter la durée d'une garantie ou condition implicite de
sorte que la limitation cidessus peut ne pas s'appliquer à vous.
Tous les suppléments ou toutes les mises à jour relatifs au Produit,
notamment, les ensembles de services ou les réparations à chaud (le cas
échéant) qui vous sont fournis après l'expiration de la période de
quatre-vingt-dix jours de la garantie limitée ne sont pas couverts par quelque
garantie ou condition que ce soit, expresse ou implicite.
LIMITATION DES RECOURS; ABSENCE DE DOMMAGES INDIRECTS OU AUTRES. Votre
recours exclusif pour toute violation de la présente garantie limitée est
décrit ciaprès. Sauf pour tout remboursement au choix de Microsoft, si le
Produit ne respecte pas la garantie limitée de Microsoft et, dans la mesure
maximale permise par les lois applicables, même si tout recours n'atteint pas
son but essentiel, VOUS N'AVEZ DROIT À AUCUNS DOMMAGES, NOTAMMENT DES
DOMMAGES INDIRECTS. Les modalités de la clause Exclusion des dommages
accessoires, indirects et de certains autres dommages sont également
intégrées à la présente garantie limitée. Certains États ou territoires ne
permettent pas l'exclusion ou la limitation des dommages indirects ou
accessoires de sorte que la limitation ou l'exclusion cidessus peut ne pas s'appliquer
à vous. La présente garantie limitée vous donne des droits légaux
spécifiques. Vous pouvez avoir d'autres droits qui peuvent varier d'un
territoire ou d'un État à un autre. VOTRE RECOURS EXCLUSIF. L'obligation
intégrale de Microsoft et de ses fournisseurs et votre recours exclusif seront,
selon le choix de Microsoft de temps à autre sous réserve de toute loi
applicable, a) le remboursement du prix payé, le cas échéant, pour le Produit
ou b) la réparation ou le remplacement du Produit qui ne respecte pas la
présente garantie limitée et qui est retourné à Microsoft avec une copie de
votre reçu. Vous recevrez la compensation choisie par Microsoft, sans frais,
sauf que vous êtes responsable des dépenses que vous pourriez engager (p. ex.,
les frais d'envoi du Produit à Microsoft). La présente garantie limitée est
nulle si la défectuosité du Produit est causée par un accident, un usage
abusif, une mauvaise application, un usage anormal ou un virus. Tout Produit de
remplacement sera garanti pour le reste de la période de garantie initiale ou
pendant trente (30) jours, selon la plus longue entre ces deux périodes. À l'extérieur
des États-Unis ou du Canada, ces recours ou l'un quelconque des services de
soutien technique offerts par Microsoft ne sont pas disponibles sans preuve d'achat
d'une source internationale autorisée. Pour exercer votre recours, vous devez
communiquer avec Microsoft et vous adresser au Microsoft Sales Information
Center/One Microsoft Way/Redmond, WA 98052-6399, ou à la filiale de Microsoft
de votre pays.
DÉNI DE GARANTIES. La garantie limitée mentionnée ci-dessus constitue la
seule garantie expresse qui vous est donnée et remplace toutes autres garanties
expresses (s'il en est) mentionnées dans un document ou sur un emballage.
Sauf en ce qui a trait à la garantie limitée et dans la mesure maximale
permise par les lois applicables, le Produit et les services de soutien
technique (le cas échéant) sont fournis TELS QUELS ET AVEC TOUS LES
DÉFAUTS par Microsoft et ses fournisseurs, lesquels par les présentes
dénient toutes autres garanties et conditions expresses, implicites ou en vertu
de la loi, notamment (le cas échéant) les garanties, devoirs ou conditions
implicites de qualité marchande, d'adaptation à un usage particulier, d'exactitude
ou d'exhaustivité des réponses, des résultats, des efforts déployés selon
les règles de l'art, d'absence de virus et de négligence, le tout à l'égard
du Produit et de la prestation des services de soutien technique ou de l'omission
d'une telle prestation. PAR AILLEURS, IL N'Y A AUCUNE GARANTIE OU CONDITION
QUANT AU TITRE DE PROPRIÉTÉ, À LA JOUISSANCE OU LA POSSESSION PAISIBLE, À LA
CONCORDANCE À UNE DESCRIPTION NI QUANT À UNE ABSENCE DE CONTREFAÇON
CONCERNANT LE PRODUIT.
EXCLUSION DES DOMMAGES ACCESSOIRES, INDIRECTS ET DE CERTAINS AUTRES DOMMAGES.
DANS LA MESURE MAXIMALE PERMISE PAR LES LOIS APPLICABLES, EN AUCUN CAS MICROSOFT
OU SES FOURNISSEURS NE SERONT RESPONSABLES DES DOMMAGES SPÉCIAUX, CONSÉCUTIFS,
ACCESSOIRES OU INDIRECTS DE QUELQUE NATURE QUE CE SOIT (NOTAMMENT, LES DOMMAGES
À L'ÉGARD DU MANQUE À GAGNER OU DE LA DIVULGATION DE RENSEIGNEMENTS
CONFIDENTIELS OU AUTRES, DE LA PERTE D'EXPLOITATION, DE BLESSURES CORPORELLES,
DE LA VIOLATION DE LA VIE PRIVÉE, DE L'OMISSION DE REMPLIR TOUT DEVOIR, Y
COMPRIS D'AGIR DE BONNE FOI OU D'EXERCER UN SOIN RAISONNABLE, DE LA
NÉGLIGENCE ET DE TOUTE AUTRE PERTE PÉCUNIAIRE OU AUTRE PERTE DE QUELQUE NATURE
QUE CE SOIT) SE RAPPORTANT DE QUELQUE MANIÈRE QUE CE SOIT À L'UTILISATION DU
PRODUIT OU À L'INCAPACITÉ DE S'EN SERVIR, À LA PRESTATION OU À L'OMISSION
D'UNE TELLE PRESTATION DE SERVICES DE SOUTIEN TECHNIQUE OU AUTREMENT AUX
TERMES DE TOUTE DISPOSITION DU PRÉSENT EULA OU RELATIVEMENT À UNE TELLE
DISPOSITION, MÊME EN CAS DE FAUTE, DE DÉLIT CIVIL (Y COMPRIS LA NÉGLIGENCE),
DE RESPONSABILITÉ STRICTE, DE VIOLATION DE CONTRAT OU DE VIOLATION DE GARANTIE
DE MICROSOFT OU DE TOUT FOURNISSEUR ET MÊME SI MICROSOFT OU TOUT FOURNISSEUR A
ÉTÉ AVISÉ DE LA POSSIBILITÉ DE TELS DOMMAGES.
LIMITATION DE RESPONSABILITÉ ET RECOURS. Malgré les dommages que vous
puissiez subir pour quelque motif que ce soit (notamment, tous les dommages
susmentionnés et tous les dommages directs ou généraux), l'obligation
intégrale de Microsoft et de l'un ou l'autre de ses fournisseurs aux termes
de toute disposition du présent EULA et votre recours exclusif à l'égard de
tout ce qui précède (sauf en ce qui concerne tout recours de réparation ou de
remplacement choisi par Microsoft à l'égard de tout manquement à la
garantie limitée) se limite au plus élevé entre les montants suivants : le
montant que vous avez réellement payé pour le Produit ou 5,00 $US. Les
limites, exclusions et dénis qui précèdent (y compris les clauses ci-dessus),
s'appliquent dans la mesure maximale permise par les lois applicables, même
si tout recours n'atteint pas son but essentiel.
La présente Convention est régie par les lois de la province d'Ontario,
Canada. Chacune des parties à la présente reconnaît irrévocablement la
compétence des tribunaux de la province d'Ontario et consent à instituer
tout litige qui pourrait découler de la présente auprès des tribunaux situés
dans le district judiciaire de York, province d'Ontario.
Au cas où vous auriez des questions concernant cette licence ou que vous
désiriez vous mettre en rapport avec Microsoft pour quelque raison que ce soit,
veuillez contacter la succursale Microsoft desservant votre pays, dont l'adresse
est fournie dans ce produit, ou écrivez à : Microsoft Sales Information
Center, One Microsoft Way, Redmond, Washington 98052-6399.
have all the mod points gone? God, it's depressing... and it sucks. There's so few of them, it's tough to sift the +1's from the karma bonus crowd - that makes for lame reading.
Yes...I remember that...i have the whole email conversation somewhere. Hmm....wonder where it is.
This would only be interesting if it had appeared in the Apache or GNU license.
'You may not use the Software in connection with any site that disparages Microsoft, MSN, MSNBC, Expedia, or their products or services
Because IIS is guaranteed to get you 'owned', and thus be a source of disparagement, the license simply means that you aren't allowed to use Frontpage with IIS.
I guess I will be being sued, my site doesnt really "promote" microsoft. More of like Demote, and I did use FrontPage 2002.
Gaming Shizzle
(bill gates currently pictured laying back on a loveseat surrounded by half lit lightbulbs)
My poetry site welcomes the unusual.
And, further, in this case, the "MS bar" in question is a product that, while not technically always required for MS foo to work, is required for the full set of features of MS foo to work.
In practice, however, this probably won't come up often, given that a site that is disparaging of MS is probably NOT going to be edited in Frontpage.
Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.
How does that stand against the First Amendment? A license agreement that loudly that prohibits free speech? Our government would never allow that...
Oh wait the DMCA and possibly coming soon to a computer near you... the 3SCA!
"It takes many nails to build a crib, but one screw to fill it."
It actually has some very interesting points about his view of the future of Microsoft and where they are headed...
Its a shame the submitter had to focus on this minor point in the article.
From what I understand, you cannot read the EULA until you have purchased the product, opened the shrink wrap, and placed the CD in your CD-ROM and begun the install process.
So, if you end up disagreeing with the EULA, you cannot take it back because most stores do not allow returns of opened software if there was no defect.
Do I have this right?
Did anyone bother to check the EULA itself? Here is what it says:
For purposes of this section, the Software means the FrontPage Web components, including the MSNBC news headline component, the MSN MoneyCentral Stock Quote component, and the MSN Search component.
You may not use the Software in connection
with any site that disparages Microsoft, MSN, MSNBC, Expedia or their products or services, infringe any intellectual property or other rights of these parties, violate any state, federal or international law, or promote racism, hatred, or pornography.
They are not talking about Frontpage! They are only covering the Microsoft Web components! This has nothing to do with pages made with Frontpage itself! But then it was too hard for the author of the article to verify the "tip" he got from a reader.
Something along the lines of: "No corporation may violate any rights which the government is not allowed to violate."
The whole point of contracts is to get you to agree to do something you wouldn't otherwise be bound to do. For example, the gov't can't tell me not to go to work for company X. But when company Y hires me they want me to sign a non-compete agreeing not to go to work for company X. That is, giving up my *right* to work for company X. All contracts are about giving up some rights in exchange for something. (Naturally, IM ANAL, no, wait, that's not what I meant...)
"I don't know half of you half as well as I should like, and I like less than half of you half as well as you deserve."
The constitution ensures that no one may abridge your right to free speech except where you give up that right yourself. That is what happens here. By using the product, you agree to the terms of its use and you abridge your own right to say what you want. The constitution would provide recourse if there were no clause and M$ were tryign to stop you from saying things about it because you use their products. You all need to read more than just the Constitution.
http://slashdot.org/comments.pl?sid=21808&cid=2325 883
Odd. I couldn't format that as an anchor, the lameness filter kicked in. But anyway, the EULA is quoted in that comment. Enjoy.
Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.
Next M$ will say "All Hotmail users cannot repond, or read forums which bash M$".
Perhaps it's in French?
A winner is you!
It really hurts the whole community as such to see some crap being reported with an ounce of truth, and then having to revert it.
We are not a bunch of fanatics.
Lets not post stories without checking first. The whole slashdot community would look in front of the whole world to be a bunch of open source fanatic geeks who goes ballistic after a mis-reported piece of rumour.
Lets check the stories for consistency and truth before posting them, or else, we pose the risk of going down in history as a bunch of idiots who clamour for war at anything with the tag "Microsoft" on it.
Rapid Nirvana
Unfortunately, the Supreme Court hasn't concluded free speech is as important as free action. People are completely at liberty to sign away their rights to freedom of speech, whether it be technical information or simply expression of opinion. Contract law allows this (see The Insider for a good pop take on this phenomenon) and the only way to combat MS is the simplest way - don't buy their products. Don't use Hotmail. Don't patronize their websites. Isolate and destroy. Period.
Well, I'm not a MS fan to say the least but I didn't see anything in the EULA saying what I could or could not publish using FP2002. To top it off, apparently Slashdot REALLY doesn't like MS EULAs... every time I tried to post it here I get: Lameness filter encountered. Post aborted! so I've put the EULA up at http://www.perplexion.org/fp2002eula.htm complete with MS's stylesheets so it looks just as it does in Frontpage's help.
Doesn't look that way. Oh well.
Neat trick rOD.
First you write a 5, Informative article with a little information and then reply to your own article with more information and getting another 5, Informative.
I'd call you a karma whore, but judging solely from your ID number you probably don't need the karma. This will probably get modded down but then I don't need the karma either.
I am glad you posted this though, while others might disagree there does seem to be a substantial difference between "don't use our tools to bash us" and "don't use our tools to make stuff that bashes us".
Yet again slashdot manages to make a big deal out of NOTHING! First rule of journalism...verify the facts before you write an article. Jeez!
While I love M$ no more than the next /. reader, I'm inclined to side them on this one. I have no problems with people criticizing my work, yet nonetheless I wouldn't want them using logos or banners of my creation on their site that does so. And its not just M$ that does this either; I'm a student at NCSU and it says quite clearly in my web space usage policy that their "Wolf" logos may not be used on any site which insults the university, or that is designed to generate a profit. It simply means that they don't want it to appear that such sites are sponsored by the university. Is there anything wrong with that?
/. discussion, I would have laughed for long time . . . . .
*Sigh* A few hours ago if someone had told me I'd be defending M$ in a
In all seriousness, dont use it if you dont like the license. The thing I dislike about most EULs and that sort of thing is that most of the time when you're buying software you can't agree to the license before heading to the checkout line. Additionally, most companies (esp MS) like to hide the language that limits the use of the software from the end user. Or making it where once you've been able to read the EUL it's too late (I think MS got in trouble for that one already).
They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.-Franklin
I didn't know there was any other choice for editing web pages than vi. At least I could make an anti vi or M$ site with it without breaking the license. And if I was really going to make an anti vi site wouldn't I want to do it with emacs? So why would I use Frontpage for an anti M$ site?
GeneralKael -- Slacker Extraordinaire
Doesn't make sense...
Oh, that clause isn't in there, you say? To that I say "bullshit" because no one on Slashdot would doubt it and waste their time doing any independant verification.
If someone creates a web site with objectionable material - say, praising last week's terrorist actions - and plasters those Microsoft web controls all over the page, people who read that page will see Microsoft, Microsoft, Microsoft everywhere they look. Someone will call the news media, and the next thing you know, there are reports that Microsoft supports terrorism. If you think that's ridiculous, just think back to the wingdings episode, which I see has been revived again due to last week's events. You still think people wouldn't stoop to spreading ridiculous, out-of-context, warped FUD like that? See this link.
If you step back from the legalese that inevitably accompanies a document like a license agreement and ask yourself, "What are they TRYING to say?", it's obvious that they're not trying to restrict the types of content that people may produce. All they're trying to do is prevent implied endorsement of objectionable content by use of Microsoft-branded controls. Any attempt to read it differently probably demonstrates an over-active paranoia at work.
Granted, putting NIKE SUX on their own shoes isn't in quite the same category as the examples above, but I don't think it's unreasonable for them to refuse.
On the other hand, if I create a MS.SUX website, I am responsible for the content regardless of what tool I use to create it. I don't see how MS can legitimately bitch about it. On the other hand, I can see how it would be legal to create such restrictions (not that much different from the "no published benchmarks" clause in other EUL's), but it sure sounds sleezy...
Your Servant, B. Baggins
"FWIW, the clause appears only in the EULA agreement for use of the FrontPage Logo, not with the product or server extensions license."
Damn, there goes my chance to pull its use at the university...oh, but i will find a way.
Well, Microsoft has done it again... This time, they have gone againsts constitutional laws in several countries, and thus can be prosecuted for this, in the same way a government can be prosecuted for breaking, for example, the first amendment law of the US. These laws are there for a reason. By having this, you allow a democracy. Microsoft, in using this has enabled us to list them as people who are attempting to create a tyrany, or at the very least, a dictatorship. This is the first time, however, that Microsoft's lawyers, who should have known better while designing the service agreement, have completely chucked out all forms of legal propriety. They have now fully admited, in terms of this service agreement, that laws, federal, provincial, state, or international, do not matter. They prefer to be known as people who are against the public, and wish to control them and the thoughts that they have. Ironic, considering that MSNBC, a Microsoft subdivision with NBC News Productions depends upon the very law they are trampling.
This wasn't the main thrust of the article. Perhaps you should read it again.
Frontpage is a shoddy, worthless piece of...let go of me...where are you taking me!!!...aaahhhhhh!
It is by the juice of the coffee bean that thoughts acquire speed, the teeth acquire stains. The stains become a warning
Actually, it's not all that different from using any other GUI editor. The whole point of using a WYSIWYG editor is that you don't need to see the ugly underlying formatting code! Fer chrissakes, if we all wanted to deal with format codes, we'd still be using nroff/troff and dot commands. The point of using Frontpage, or any other GUI based editor, is that it makes it easier to maintain the page, in a way that sort-of looks like it did when you edited it. Of course, this points out the sillyness of the original suggestion. Once you've doinked with the underlying HTML, you can't use (legally) FP to update or maintain the pages.
Your Servant, B. Baggins
I have FrontPage 2002, went to the help screen to find the license, and discovered that no such clause exists in it. This entire thread is bullshit. A search throught the text found no instances of the clause referred to 'You may not use the Software in connection with any site that disparages Microsoft, MSN, MSNBC, Expedia, or their products or services ...', particularly, I searched for disparages, MSN, MSNBC, and Expedia. These words are not in the license agreement. If they are, please point out which section and paragraph (There are 13 sections in the "END USER LICENSE AGREEMENT FOR MICROSOFT SOFTWARE"). Otherwise, stop wasting your time, and for God's sake, stop wasting everyone else's.
And apparently the only person who found the real place that the clause is, and gave you all a link to it, got a score of 2: Flamebait for posting it. That link is: http://www.microsoft.com/frontpage/logo.htm
Hey, how about that! CmdrTaco did update the article!
Ok, I concede to the smelly, and I'm a geek, but I don't have spots, and my wife doesn't appreciate having her strong efforts to please me (yes, in that way) being degraded as such. No, my wife isn't a geek, no, she isn't a model, but you didn't mention anything about looks in the post (I still think she's beautiful).
Office XP in the EULA states you can not run benchmark tests of this product and publish them without the written consent of Microsoft...whats up with that?
Worship Satan. Just kidding, I'm a devout Christian.
???????
I don't get it.
So we'll see next version of MSIE will have a 'feature' to automatically filter out objectionable material. /. will be on the filer list as well as all Linux sites.
Ofcourse, MS will decide what the nature of the objectionable material is. I guess
As usual, MS will make this feature very hard/impossible to disable in order to further cripple the user's web experience.
Make even shorter URLs - 8LN.org
Home home on the web
Where the folks who have FrontPage can play
Where seldom is heard
A disparaging word...
because our lawyers have wrote it that way...
Is it really that hard to check the facts first before slashdotting something?
I know you are going to bash Microsoft no matter what, but it would be nice if every now and then you actually try to check the story first.
Pedro
----
The Insomniac Coder
http://www.suffusions.net/~eric
"You may not use the Logo in connection with any disparaging statements about Sun or its products, or statements that otherwise reflect poorly on Sun."
I bet this is standard practice for any logo program
You are correct in assuming that the FP Server Extensions are a different animal from the "FrontPage Web Components".
You are incorrect in stating that the server extensions are "required to serve frontpage HTML". FP will indeed work on a web server without the server extensions installed. Some extra server-side functionality provided by the extensions will be disabled, but everything else works just fine, including serving the pages.
Not really--
IIS is insecure, FrontPage server extensions can effectively reduce the uptime of a site, and Windows XP requires activation on most installations creating a real liability for small to midsize companies.
All of this is not to diminish the fact that Microsoft is a really great company. They have been at least partly responsible for making computers affordable because of innovation, if not in technical fields, at least in economic ones.
Can I use the logo now?
LedgerSMB: Open source Accounting/ERP
Let me see.
I myself would have some problem recommending all-Microsoft products to customers. IIS is insecure, and along with FrontPage Server Extensions, can lead to downtime on e-commerce web-sites much in excess of what one sees in the UNIX world. Also Windows XP requires activation, and the tampering with certain files can render this action void, creating a very real liability for many companies.
All of this is not to dimish the fact that Microsoft is a really great company. What they have lacked in technical know-how or innovation (or security) they have made up for in economic innovation, helping to reduce the price of software well below that of other proprietary products.
Can I use the logo now?
LedgerSMB: Open source Accounting/ERP
Does it taste like Chicken?
Let's assume ... just for the sake of argument ... that the Front Page license actually contained a clause that said you cannot use Front Page to create an anti-Microsoft web site.
If you were going to create an anti-microsoft website, wouldn't you use a non-microsoft program to do it?
Nice reporting. God forbid you should double check before you post.
This is typical EULA for any company's logo.
I also like the way you appended a retraction at the end of the article. The better thing to do would be to also change the article title to reflect the retraction.
You guys totally rip on Microsoft(and most of the time your in the right) and then when you clearly in the wrong, you tag a little change on the end of the article, but leave the errant title up.
I call shenanigans on this. Come on guys, slashdot is usually better than this. Check your sources and when your in the wrong fess up.
BlingBlings
--Flossin it Slashdot style.
-BlingBlings Flossin it
Using the Logo
You must enter into the Microsoft Certified Professional Program Agreement (the "Agreement") before using the Logo. The Logo may be used only to indicate that you have met the criteria to be a Microsoft Certified Professional. If you do not maintain your certification, or your Microsoft Certified Professional Program Agreement has expired or is terminated, you must immediately discontinue use of the Logo.
You may use the Logo only on your business cards, letterhead, and resume to indicate that you are a Microsoft Certified Professional. You may not use the Logo on any product or material.
You may not alter the Logo artwork in any way. The Logo may not be translated or otherwise localized into any other language. Any localized versions of the Logo must be provided by Microsoft.
You may not display the Logo in any manner that suggests you are an employee of Microsoft or in a manner that suggests "Microsoft" is a part of your company name. Your use of the Logo must clearly indicate that you are independent from Microsoft.
You may not use the Logo in any manner that is derogatory to or critical of Microsoft or any Microsoft product.
Your name, trade name, or company name must appear on any materials where the Logo is used. The Logo cannot appear larger or more prominent than your name, product or service name, trademark or service mark, logo, or trade or company name.
The Logo may not be used in any manner that expresses or might imply Microsoft's affiliation, sponsorship, endorsement, certification, or approval, other than as set forth by the Microsoft Certified Professional Program Agreement.
The Logo, or any elements thereof, may not be included in your trade or business name, domain name, product or service name, logo, trade dress, design, slogan, or other trademarks.
You may not combine the Logo with any other object, including, but not limited to, other logos, icons, words, graphics, photos, slogans, numbers, design features, symbols, or Web site audio files.
The Logo may not be used as a design feature on any of your materials.
The Logo may not be imitated in any manner in your materials.
The Logo shall be attributed to Microsoft Corporation with the following attribution clause in all materials where it is used: "Microsoft is a registered trademark of Microsoft Corporation in the United States and other countries."
Link Microsofts MCSE site
So were those great American heroes, the Dukes of Hazard...
:)
"Making their way,
the only way they know how,
but that's just a little bit more
than the law'll allow"
The problem is that Bill's way is also a "little bit more than the law'll allow". I think it's high time we sicced Roscoe P. Coltrane on him. Without the General Lee Bill's got no chance
It took some digging to figure out what the FP Server Extentions actually *do*. At first I thought they were for content uploading only, but it appears that they have some CGI-like features.
http://cte.uncwil.edu/how2/fp_extensions/
unfortunatly any legal attempt to address the issues of freespeach in frontpage was ended as the licence of using MS word wich had been resently modified to say that "no agruments or anything negative about MS could be created with that program either"
..
don't worry. . sigularity is coming
I'd rather use a pic like this one anyway.
Guideline No 5 states: "The Logo must appear by itself, with a minimum spacing (30 pixels) between each side of the Logo and other graphic or textual elements on your page....."
If you look at the logo at the bottom of the screen it is only 13 pixels away from the text at the bottom of the screen.
And besides, any idiot can tell that "group Foo uses MS software to do Bar" is not the same thing as "MS supports Bar". Or at least it would if MS didn't go around plastering their logo on every little component. (Do they? I don't know since I don't use their web stuff, I'm insuating that they do from your response {otherwise your response doesn't make any sense at all}.)
Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.
If someone creates a web site with objectionable material - say, praising last week's terrorist actions - and plasters those Microsoft web controls all over the page, people who read that page will see Microsoft, Microsoft, Microsoft everywhere they look. Someone will call the news media, and the next thing you know, there are reports that Microsoft supports terrorism.
If you read it, I could do exactly that without violating the license. They're only concerned with me using their controls in conjunction with disparaging Microsoft itself, not using them in conjunction with unpopular speech.
It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
Anyone that would know enough, to want to write a M$ hate site. Would not need to use Front Page... end of story, next.
I didn't use the preview button, so get over it!!!!
Mike
Sig (Score:)
by Anonymous Coward on Wednesday September 19, @07:00PM (#)
One of the big problems with the internet is people find it too easy, to do things on the internet anonomously with no come back,
spoofing mungs in a blizzard of hotmail accounts, a hailstorm of electronic virtual litter. Then releasing hideously configured
worms, with very nasty virii, all set to gobble bandwidth, gobble gobble. And steal peoples identity, rootle about in their hard
drives doing who knows what, virtual vampires desecrating our soulfull bytes, UUURRGGHH. The music, the vids, pictures,
writings, programs, half started projects, half finished projects. Emails, thousands and thousands of them. Jottings, Chess games.
All kinds of stuff really. I started out with a 850 meg then when that started to fill up, I bought a 5.1 gig and imaged the 850 on it.
Then came a 10.1 gig partitioned that to run Linux. Swapped out the 5.1 gig for a 30 gig imaging the 5.1 on it, of course. I can't
wait for the day firewire hard drives become affordable. Infinite harddrive space yay.
I got a firewire card so it won't be long.
When they unravelled the sequence of our genome the reason they were able to do it so quickly was IBM came up with a chip
that could read DNA, the answer is simple, get one of these chips, make it read your DNA, and get your root password from
there, sort of lick your finger and bung it in a hole in your keyboard type thing. Make it so that web content can only be altered by
people with root access. ie only a machine that is capable of recognising the person using it. This would make all web use,
ulimately tracable in terms of everything other than web based emails and message boards. Sort of limit those channels to ascii
code only. Force organisations like slashdot, to automatically turn URLs that are written in text to hyperlinks. The nameless shall
be named and the shameless shall be shamed.
Nobody minds having a real address in meat space, why should they mind having a real address in virtual space.
Sig: Subject
You can't buy something else, cause you can't get a refund for the software that you didn't know you couldn't use, when you bought it.
Sure, no one is forceing you to buy frontpage, but if you do choose to, you are tricked into agreeing with the licence, or having wasted your money on a software packege that you can't use or return.
That's where the problem lyes.
... slashdotters are so eager to bash on MS, that they'll even make stuff up to do it. As you see in the update, this is only for using the FP logo, which only makes sense. Bash MS all you want, even use FP to do it, but don't put "Designed by FP" on your site when you're doing it. Duh!
Calm down, read, and think...
M$ only has problems with those who don't fall in line with thier way of thinking, but in the end they will convert them or crush them, the same approach used by the U$ government.
Everyone else on the other hand is either to ignorant to understand what is going on, or they understand and are filled with rage, just read the comments on this thread.
Microsoft is the Lord your God,
You Shall have no Other software Before Me
You Shall Not Make for Yourself
Open Source Code
You Shall Not Take Microsoft's Name in Vain, nor MSNBC, nor any Affiliated Company, nor anyone nor anything that Microsoft or its Affilated Companies determine at any time undeserving of any comment made for any reason by anybody.
Keep Holy the Day of any Microsoft Announcement or Rollout
Honor your License Agreement, and Do Not Expect Microsoft to Honor any Agreement, Fitness for Service, or Product Guarantee.
Do Not Kill. That's Microsoft's job.
Do Not Commit Adultery with Other Non-Microsoft Products
Do Not Steal This Software, and pay for all upgrades whether functional or not.
Do Not Lie, and Report Anyone Who Does Not Appear to Be A True Microsoft Follower
Honor Microsoft's Goods and All That Belongs to Microsoft, and All that Microsoft Deems to Belong to Microsoft, even When Stolen from those Determined by Microsoft Not to Properly Honor Microsoft with their contributions
Cogito Tute (desiderata nostra eriximus, vestra nunc erigite)
You put the MS Frontpage logo on Slashdot? At least we'll know when you're gone mentally unbalanced ;-)
It goes against the freedom of speech. It is protected by our constitutional rights. They cannot eliminate that!
I'l sure they are using publisher, not open source. Somehow I doubt MS will bust DOJ, and revoke their licence(s). If so, then discrimination and market abuse comes in to play. Or maybe this is why DOJ are self-censoring their own publications. I think one of the DOJ staffers should stick it and say 'sorrry, I cant publish this', and see what reaction it gets.
One of my best friends is a "webdesigner" and I thought he was knowledgable....was I surprised when he wanted a form-based site accessing a database and I had to explain him *what* CGI was and *what* a database was. He thought all that could be done with some JavaScript and a plain text file. Ouch! He's still my friend, but his ignorance shocked me.
Ahhh...the great dumpster continuum. Many a free computer will be found there. -- sowth (748135)
As for the Linux desktops, I tend to disagree...there are teriffic desktops under Linux, you just need to get used to them: this means, using them more than 10 minutes and say "bah, it isn't like windows, I'm going back". I personally use WindowMaker as desktop under Linux, first it was very weird but after a week or two it's just like any other environment (in some case I feel that it's even easier).
Ahhh...the great dumpster continuum. Many a free computer will be found there. -- sowth (748135)
Why does the
And this is from an "unregulated subsidiary" of a public utility. One that has achieved a de facto monopoly on residential DSL service in most of California.
OMG, your .sig made me laugh out loud. It's about 5 lines shorter than the last one I saw about the woodchuck thing, and it's the whole code tuning for faster chuckage that made me laugh.
Well done.
Virg