I'll resist the temptation to comment on the anti open source issue for now. I'm not sure if they appear in other Microsoft licenses but I find some of the other terms of the agreement objectionable too, such as:
You "may not use the Software in a live operating environment with data that has not been sufficiently backed up." This is common sense, but who are Microsoft to insist that I back up my data. This is my application and my data after all. I'd be stupid to not have backups, but that's my prerogative.
It appears that you have 2 business days from release to install all updates that Microsoft delivers to you. What about time for testing? Even if these updates have bugs that adversely affect your application? This is especially unnerving in light of the fact that their disclaimer ends with "THE ENTIRE RISK AS TO THE QUALITY, OR ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND ANY SUPPORT SERVICES, REMAINS WITH RECIPIENT." In denying me the right to decline an update they are taking away some of my control over my application, yet I must accept all the risk as to its quality? Hardly a fair deal if you ask me. While GPL and other free/open source software might also come with a heavy disclaimer I at least have the source code and the right to fix it.
All in all, I see many reasons to click "Decline" on this one...
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You "may not use the Software in a live operating environment with data that has not been sufficiently backed up." This is common sense, but who are Microsoft to insist that I back up my data. This is my application and my data after all. I'd be stupid to not have backups, but that's my prerogative.
It appears that you have 2 business days from release to install all updates that Microsoft delivers to you. What about time for testing? Even if these updates have bugs that adversely affect your application? This is especially unnerving in light of the fact that their disclaimer ends with "THE ENTIRE RISK AS TO THE QUALITY, OR ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND ANY SUPPORT SERVICES, REMAINS WITH RECIPIENT." In denying me the right to decline an update they are taking away some of my control over my application, yet I must accept all the risk as to its quality? Hardly a fair deal if you ask me. While GPL and other free/open source software might also come with a heavy disclaimer I at least have the source code and the right to fix it.
All in all, I see many reasons to click "Decline" on this one...