License:
Custom License
Microsoft FeedSync Source Code Software License Agreement
This is an agreement between You ( "You") and Microsoft Corporation, located at One Microsoft Way,
Redmond, WA 98052-6399, ("Microsoft") regarding Your use of the Microsoft FeedSync Service
Software made available by Microsoft, which includes code related to the FeedSync Service
implementation (collectively referred to in this agreement as the "Software"). This agreement
applies to any Software that includes, displays or links to this agreement and to any updates,
supplements or support services for the Software, unless other terms accompany those items. If so,
those other terms apply.
By installing, accessing or otherwise using the Software, You accept the terms of this agreement.
If You do not agree to the terms of this agreement, do not install, access or use the Software.
If You comply with this agreement, You have the rights below.
1. USE AND MODIFICATION OF THE SOFTWARE.
A) Subject to Your compliance with this agreement, Microsoft hereby grants to you a non-
exclusive, worldwide, royalty-free license under all copyrights in the Software to: (i) modify the
source code of the Software, as provided by Microsoft, (ii) include the Software or any
modifications you make ("Modifications") in your own applications ("Products"), and (iii) distribute
such Products to third parties in compiled form only, provided that all such license rights are
subject to the requirements and limitations described in Section 1(C) below.
B) Subject to the terms of this Agreement, Microsoft additionally grants to you a non-exclusive,
worldwide, non-transferable, non-sublicensable, royalty-free license under its patents that read
directly on the Software as provided to You by Microsoft to make, use, offer for sale, import
and/or otherwise dispose of Software and Modifications in your Products, conditioned upon your
compliance with the requirements and limitations described in Sections 1(A) and 1(C).
C) You must
* Ensure that the Products are compatible with the then-current FeedSync Specification
published by Microsoft at http://dev.live.com/feedsync/spec/ ("Specification");
* Ensure that the Software or Modifications within the Products do not connect to any
synchronization technology that is not compatible with the then-current Specification;
* Require distributors and end users of your Products to agree to terms that protect the
Software at least as much as this Agreement;
* Display your valid copyright notice on your Products; and
* indemnify, defend and hold harmless Microsoft from any claims, including attorneys'
fees, related to the distribution or use of Your Products.
Additionally, You may not
* distribute the Products, Software or Modifications in source code form;
* alter any copyright, trademark or patent notice in the Software;
* use Microsoft's trademarks in Your programs' names or in a way that suggests Your
Applications come from or are endorsed by Microsoft;
* include the Software in malicious, deceptive or unlawful applications; or
* modify or distribute the Software or Modifications so that any part of it becomes
subject to an Excluded License. An Excluded License is one that requires, as a
condition of use, modification or distribution, that
o the code be disclosed or distributed in source code form; or
o others have the right to modify it.
2. SCOPE OF LICENSES. The Software is licensed, not sold. This agreement only gives You some rights
to use the Software. Microsoft reserves all other rights. Unless applicable law gives You more
rights despite this limitation, You may use the Software only as expressly permitted in this
agreement.
3. EXPORT RESTRICTIONS. THE SOFTWARE IS SUBJECT TO UNITED STATES EXPORT LAWS AND
REGULATIONS. YOU MUST COMPLY WITH ALL DOMESTIC AND INTERNATIONAL EXPORT LAWS AND
REGULATIONS THAT APPLY TO THE SOFTWARE. THESE LAWS INCLUDE RESTRICTIONS ON
DESTINATIONS, END USERS AND END USE. FOR ADDITIONAL INFORMATION, SEE
WWW.MICROSOFT.COM/EXPORTING < HTTP://WWW.MICROSOFT.COM/EXPORTING>.
4. SUPPORT. Microsoft is not obligated to provide any technical or other support ("Support
Services") for the Software to You. However, if Microsoft chooses to provide any Support Services
to You, Your use of such Support Services will be governed by then-current Microsoft policies. With
respect to any technical or other information You provide to Microsoft in connection with the
Support Services, You agree that Microsoft has an unrestricted right to use such information for its
business purposes, including for product support and development. Microsoft will not use such
information in a form that personally identifies You.
5. TERMINATION. If You are dissatisfied with any aspect of the Software at any time, Your sole and
exclusive remedy is to cease using it. You acknowledge that termination and/or monetary damages
may not be a sufficient remedy if You breach this agreement and that Microsoft will be entitled,
without waiving any other rights or remedies, to injunctive or equitable relief as may be deemed
proper by a court of competent jurisdiction in the event of a breach. This Section and Sections 2,
3, 4, 6, 7, 8, 9, 10, and 11 will survive termination of this agreement, along with any other
provisions that would reasonably be deemed to survive such events.
6. RESERVATION OF RIGHTS. Except for the licenses expressly granted under this agreement,
Microsoft and its suppliers retain all right, title and interest in and to the Software, and all
intellectual property rights therein. No other rights except those expressly granted in this
Agreement shall be deemed granted, waived or received by implication, exhaustion, estoppel, or
otherwise. You are not authorized to alter, modify, copy, edit, format, create derivative works of
or otherwise use any materials, content or technology provided under this agreement except as
explicitly provided in this agreement or approved in advance in writing by Microsoft.
7. ENTIRE AGREEMENT. This agreement is the entire agreement with respect to the Software.
8. APPLICABLE LAW.
i. United States. If You acquired the Software in the United States, Washington State law
governs the interpretation of this agreement and applies to claims for breach of it,
regardless of conflict of laws principles. The laws of the state where You live govern all
other claims, including claims under state consumer protection laws, unfair competition
laws and in tort.
ii. Outside the United States. If You acquired the Software in any other country, the laws of
that country apply.
9. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under
the laws of Your country. This agreement does not change Your rights under the laws of Your
country if the laws of Your country do not permit it to do so.
10. DISCLAIMER OF WARRANTY. The Software is licensed "as-is." You bear the risk of using it.
Microsoft gives no express or implied warranties, guarantees or conditions. You may have
additional consumer rights under Your local laws which this agreement cannot change. To the
extent permitted under Your local laws, Microsoft excludes the implied warranties of
merchantability, fitness for a particular purpose and non-infringement. Without limiting the
generality of the foregoing, Microsoft makes no warranties regarding the Icons, and hereby
disclaims all warranties that might otherwise be implied by law.
11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. You can recover from Microsoft
and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages,
including consequential, lost profits, special, indirect or incidental damages.
This limitation applies to
* anything related to the Software; and
* claims for breach of contract, breach of warranty, guarantee or condition, strict liability,
negligence, or other tort to the extent permitted by applicable law.
It applies even if Microsoft knew or should have known about the possibility of the damages.
The above limitation or exclusion may not apply to You because Your country may not allow
the exclusion or limitation of incidental, consequential or other damages.