StarDestroyer.Net BBS

Posted: **2003-03-13 09:01pm**

Microshit.com wrote:When people of goodwill come together, there is no limit to what they can achieve. For example, discussions between the technology and recording industries recently produced an unusual and persuasive consensus on how best to respond to the difficult policy challenges posed by digital piracy.

The music, movie, publishing and software industries lose billions of dollars in sales annually because of unauthorized copying and redistribution of their products. They all share an interest in reducing piracy, which hurts consumers by discouraging continued investment in new, creative work.

Some in the affected industries have called on government to require that computers and other digital devices incorporate technology to prevent copying. But many—including Microsoft—believe that specific technology mandates would be costly and ineffective. Our concern is that they would hobble consumers’ lawful use of technology, and stifle the innovation that can ultimately make digital music, movies and other content both more secure and more available—legally.

These issues have been the focus of extensive discussions involving the leading technology and record companies, represented by three broad-based trade groups: the Recording Industry Association of America, the Computer Systems Policy Project and the Business Software Alliance.

These groups recently achieved breakthrough agreement on a set of policy principles. Noting that they have already collaborated to develop anti-copying technology used today in media and devices, they agreed that government mandates on how technology must work or be deployed are not practical, and not in the best interests of consumers or businesses.

The industry groups endorsed efforts to increase consumer awareness of the rights and wrongs of Internet use and digital copying. They expressed support for private and government sanctions against copyright infringers, and for technical measures to limit illegal distribution of copyrighted works—as long as those measures are reasonable, are not destructive to networks, data or equipment, and do not violate individuals’ privacy or similar legal interests.

Microsoft is proud to participate in this ongoing, cross-industry effort and in other efforts to bring together industry and consumer groups for constructive dialogue and joint action. We have listened and used what we have learned to integrate appropriate rights-management features into software such as Windows Media Player, and forthcoming products such as Windows Server 2003 and Office 11.

Through good-faith cooperation on piracy and other issues, technology can continue to advance, entertainment companies can explore secure new distribution channels, consumers can gain online access to a rich array of multimedia content—and the digital economy can flourish, without limit.

I agree that the Gov should keep it's paws off DRM, seeing their past history with this. However remember that this is just a PR ploy.

Office 11 having DRM-
There are bad implications to this. One would be employers could control the flow of data, meaning whistleblowers would have a hard time. Another would be data being controlled by MS. After all, in the WinXP license MS has the right to modify stuff on your computer. There are other implications.

Microshit.com wrote:The main benefit of the OSS model is that it allows any programmer to advance the ideas of the original developer, and global "communities" of programmers do emerge to contribute to major OSS projects. Another obvious benefit is that there is little or no cost in obtaining OSS software, although training, service, and support costs may be higher over the life of the software. The principal drawback of OSS is that no single entity can be held responsible for individual contributions of a far-flung army of unrelated programmers. There also is the possibility that one version of an OSS program will not work properly, or at all, with other versions. In addition, it is not clear that the OSS model can sustain software companies over the long term.

Hmm, MS complaining about compatibility. Their versions of Office aren't even compatible with each other. Much of the rest is true though, since we are seeing Mandrake going down. Redhat is making a profit though.

Microshit.com wrote:Shared Source Initiative (SSI)

In May 2001, seeking to garner the best aspects of both CSD and OSS, Microsoft launched its Shared Source Initiative, enabling it to make source code more broadly available to customers, partners, independent developers, researchers, students, and other interested individuals, while retaining the IP rights that are vital to sustain innovation within the software industry. The SSI is an evolving framework that supports a variety of licensing programs, each tailored to meet the source-code access needs of a specific constituent community.

Like the OSS model, the SSI uses broad-based licensing to foster the growth of global communities of software developers who, armed with Microsoft source code, are free to devise new solutions and implement their own innovations. By placing source code in the hands of universities throughout the world as a research and teaching tool, moreover, the SSI nurtures the vibrant software industry of the future.

Like the CSD model, the SSI rewards innovators for their research and development efforts by protecting their valuable IP rights in the source code they produce. By preserving this free-market incentive to labor for future rewards, programs like the SSI ensure that the software industry can sustain its unparalleled level of innovation and continue to fuel the global economy, while providing users access to source code.

So what happens when MS turns around and sues these people?
Post more comments please.

Posted: **2003-03-13 09:27pm**

Can anyone with Windows XP obtain me a copy of the Windows XP license?

Posted: **2003-03-13 11:15pm**

Bump

And please ignore any M$ or microshit... I'm just saying that because of IE's lack of proper CSS support.

Posted: **2003-03-13 11:15pm**

Microsoft Windows XP Professional

END-USER LICENSE AGREEMENT

IMPORTANT-READ CAREFULLY: This End-User
License Agreement ("EULA") is a legal agreement between you
(either an individual or a single entity) and Microsoft
Corporation for the Microsoft software product identified above,
which includes computer software and may include associated
media, printed materials, "online" or electronic documentation,
and Internet-based services ("Product"). An amendment or
addendum to this EULA may accompany the Product. YOU AGREE TO BE
BOUND BY THE TERMS OF THIS EULA BY
INSTALLING, COPYING, OR OTHERWISE USING THE
PRODUCT. IF YOU DO NOT AGREE, DO NOT INSTALL
OR USE THE PRODUCT; YOU MAY RETURN IT TO YOUR
PLACE OF PURCHASE FOR A FULL REFUND.

1. GRANT OF LICENSE. Microsoft grants you the following rights
provided that you comply with all terms and conditions of
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* Installation and use. You may install, use, access,
display and run one copy of the Product on a single
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by more than two (2) processors at any one time on any
single Workstation Computer. You may permit a maximum
of ten (10) computers or other electronic devices (each
a "Device") to connect to the Workstation Computer to
utilize the services of the Product solely for File and
Print services, Internet Information Services, and remote
access (including connection sharing and telephony
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indirect connections made through "multiplexing" or other
software or hardware which pools or aggregates
connections. Except as otherwise permitted by the
NetMeeting, Remote Assistance, and Remote Desktop
features described below, you may not use the Product
to permit any Device to use, access, display or run other
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or run the Product or Product's user interface, unless
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Software Development Kit ("WMFSDK") components contained
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http://msdn.microsoft.com/workshop/imed ... /wmsdk.asp,
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(INCLUDING, BUT NOT LIMITED TO, DAMAGES
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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 PRODUCT, THE PROVISION OF
OR FAILURE TO PROVIDE SUPPORT OR OTHER
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SUPPLIER, AND EVEN IF MICROSOFT OR ANY
SUPPLIER HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.

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"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.

17. APPLICABLE LAW. If you acquired this Product in the United
States, this EULA is governed by the laws of the State of
Washington. If you acquired this Product in Canada, unless
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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
Product was acquired outside the United States, then local
law may apply.

18. ENTIRE AGREEMENT. This EULA (including
any addendum or amendment to this EULA which is included
with the Product) are the entire agreement between you and
Microsoft relating to the 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 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.

19. The Product is protected by copyright and other intellectual
property laws and treaties. Microsoft or its suppliers own
the title, copyright, and other intellectual property
rights in the Product. The Product is licensed, not sold.

Posted: **2003-03-13 11:35pm**

Damn that is a very restrictive license.
And of course there is that famous MS can download DRM onto your computer clause:

* Security Updates. Content providers are using the digital
rights management technology ("Microsoft DRM") contained
in this Product to protect the integrity of their content
("Secure Content") so that their intellectual property,
including copyright, in such content is not misappropriated. Owners of
such Secure Content ("Secure Content Owners") may, from
time to time, request Microsoft to provide security
related updates to the Microsoft DRM components of the
Product ("Security Updates") that may affect your ability
to copy, display and/or play Secure Content through
Microsoft software or third party applications that
utilize Microsoft DRM. You therefore agree that, if
you elect to download a license from the Internet which
enables your use of Secure Content, Microsoft may, in
conjunction with such license, also download onto your
computer such Security Updates that a Secure Content
Owner has requested that Microsoft distribute. Microsoft
will not retrieve any personally identifiable
information, or any other information, from your computer
by downloading such Security Updates.

Can't duel boot upgrade and original OS:

2. UPGRADES. To use a Product identified as an upgrade, you must
first be licensed for the product identified by Microsoft
as eligible for the upgrade. After upgrading, you may no
longer use the product that formed the basis for your
upgrade eligibility.

This part is unclear:

* Installation and use. You may install, use, access,
display and run one copy of the Product on a single
computer, such as a workstation, terminal or other device
("Workstation Computer"). The Product may not be used
by more than two (2) processors at any one time on any
single Workstation Computer. You may permit a maximum
of ten (10) computers or other electronic devices (each
a "Device") to connect to the Workstation Computer to
utilize the services of the Product solely for File and
Print services, Internet Information Services, and remote
access (including connection sharing and telephony
services). The ten connection maximum includes any
indirect connections made through "multiplexing" or other
software or hardware which pools or aggregates
connections. Except as otherwise permitted by the
NetMeeting, Remote Assistance, and Remote Desktop
features described below, you may not use the Product
to permit any Device to use, access, display or run other
executable software residing on the Workstation Computer,
nor may you permit any Device to use, access, display,
or run the Product or Product's user interface, unless
the Device has a separate license for the Product.

So can you still run cygwin and ssh into the computer, since you are not using the "product" to do that?

Good thing I don't use XP.

Now here's the 98 license for comparison:

MICROSOFT(r) Windows 98

END-USER LICENSE AGREEMENT FOR MICROSOFT DESKTOP OPERATING SYSTEMS

IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and the manufacturer ("Manufacturer") of the computer system or computer system component ("HARDWARE") with which you acquired the Microsoft software product(s) identified above ("SOFTWARE PRODUCT" or "SOFTWARE"). If the SOFTWARE PRODUCT is not accompanied by a new computer system or computer system component, you may not use or copy the SOFTWARE PRODUCT. The SOFTWARE PRODUCT includes computer software, and may include associated media, printed materials, and "online" or electronic documentation. Any software provided along with the SOFTWARE PRODUCT that is associated with a separate end-user license agreement is licensed to you under the terms of that license agreement. 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, Manufacturer and Microsoft Licensing, Inc. ("MS") are unwilling to license the SOFTWARE PRODUCT to you. In such event, you may not use or copy the SOFTWARE PRODUCT, and you should promptly contact Manufacturer for instructions on return of the unused product(s) for a refund.

SOFTWARE PRODUCT LICENSE

The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold. The term "COMPUTER" as used herein shall mean the HARDWARE, if the HARDWARE is a single computer system, or shall mean the computer system with which the HARDWARE operates, if the HARDWARE is a computer system component.

1. GRANT OF LICENSE. This EULA grants you the following rights:

(a) Software Installation and Use.
You may only install and use one copy of the SOFTWARE PRODUCT on the COMPUTER.

(b) Storage/Network Use.
The SOFTWARE PRODUCT may not be installed, accessed, displayed, run, shared or used concurrently on or from different computers, including a workstation, terminal or other digital electronic device ("Devices") . Notwithstanding the foregoing and except as otherwise provided below, any number of Devices, may access or otherwise utilize the file and print services and peer web services of the SOFTWARE PRODUCT, if included.

If the SOFTWARE PRODUCT is Windows 98, you may additionally use the "Multiple Display" feature of the SOFTWARE PRODUCT to expand your desktop as described in the on-line Help file, without obtaining a license for each display.

If the SOFTWARE PRODUCT is Windows NT Workstation, you may use the SOFTWARE PRODUCT on a single COMPUTER as interactive workstation software, but not as server software. However, you may permit a maximum of ten (10) Devices to connect to the COMPUTER to access and use services of the SOFTWARE PRODUCT, such as file and print services and peer web services. The ten-connection maximum includes any indirect connections made through software or hardware which pools or aggregates connections.

(c) Back-up Copy.
If Manufacturer has not included a back-up copy of the SOFTWARE PRODUCT with the COMPUTER, you may make a single back-up copy of the SOFTWARE PRODUCT. You may use the back-up copy solely for archival purposes. Back-up Utility. If the SOFTWARE PRODUCT includes a Microsoft back-up utility, you may use the utility to make the single back-up copy. After the single back-up copy is made, the backup utility will be permanently disabled. Except as expressly provided in this EULA, you may not otherwise make copies of the SOFTWARE PRODUCT, including the printed materials accompanying the SOFTWARE.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

(a) Windows NT Workstation.
If the SOFTWARE PRODUCT is Windows NT Workstation, the following additional restriction(s) apply. Processor Limitation - The SOFTWARE PRODUCT may be used by no more than the maximum number of processors of the COMPUTER indicated at the top of this EULA.

(b) Multiple Processor Version Selection.
The CD or diskette(s) on which the SOFTWARE PRODUCT resides may contain several copies of the SOFTWARE PRODUCT, each of which is compatible with a different microprocessor architecture, such as the x86 architecture or various RISC architectures ("Processor Version(s)"). You may install and use only one copy of one Processor Version of the SOFTWARE PRODUCT on the COMPUTER.

(c) Language Version Selection.
Manufacturer may have elected to provide you with a selection of language versions for one or more of the Microsoft software products licensed under this EULA. If the SOFTWARE PRODUCT is included in more than one language version, you are licensed to use only one of the language versions provided. As part of the setup process for the SOFTWARE PRODUCT you will be given a one-time option to select a language version. Upon selection, the language version selected by you will be set up on the COMPUTER, and the language version(s) not selected by you will be automatically and permanently deleted from the hard disk of the COMPUTER.

(d) Operating System Selection.
Manufacturer may have elected to provide you with a selection of Microsoft operating system software for the COMPUTER. If the SOFTWARE PRODUCT includes more than one (1) Microsoft operating system software (i.e. Windows 98, Windows 95, Windows NT Workstation, Windows for Workgroups, Windows, MS-DOS, MS-DOS and Windows, or MS-DOS and Windows for Workgroups) ("Microsoft OS"), you are licensed to use only one of the Microsoft OS selections provided. As part of the setup process for the SOFTWARE you will be given a one-time option to select one (1) Microsoft OS. Upon selection, the one Microsoft OS selected by you will be set up on the COMPUTER, and the other Microsoft OS(s) not selected by you will be automatically and permanently deleted from the hard disk of the COMPUTER.

(e) 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.

(f) Separation of Components.
The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer.

(g) Single COMPUTER.
The SOFTWARE PRODUCT is licensed with the HARDWARE as a single integrated product. The SOFTWARE PRODUCT may only be used with the HARDWARE as set forth in this EULA.

(h) Single EULA.
The package for the SOFTWARE PRODUCT may contain multiple versions of this EULA, such as multiple translations and/or multiple media versions (e.g., in the user documentation and in the software). In this case, you are only licensed to use one (1) copy of the SOFTWARE PRODUCT.

(i) Rental. You may not rent, lease or lend the SOFTWARE PRODUCT.

(j) Software Product Transfer.
You may permanently transfer all of your rights under this EULA only as part of a permanent sale or transfer of the HARDWARE, provided you retain no copies, you transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this EULA and, if applicable, the Certificate(s) of Authenticity), and the recipient agrees to the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade, any transfer must also include all prior versions of the SOFTWARE PRODUCT.

(k) Termination.
Without prejudice to any other rights, Manufacturer or MS 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.

(l) Trademarks.
This EULA does not grant you any rights in connection with any trademarks or service marks of Manufacturer, MS or its suppliers (including Microsoft Corporation).

(m) Application Sharing.
The SOFTWARE PRODUCT may contain Microsoft NetMeeting, a product that enables applications to be shared between two or more computers, even if an application is installed on only one of the computers. You may use this technology with all Microsoft application products for multi-party conferences. For non-Microsoft applications, you should consult the accompanying license agreement or contact the licensor to determine whether application sharing is permitted by the licensor.

3. UPGRADES.
If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly licensed to use a product identified by Manufacturer, MS or Microsoft Corporation as being eligible for the upgrade in order to use the SOFTWARE PRODUCT ("Eligible Product"). For the purpose of upgrade products only, "HARDWARE" shall mean the computer system or computer system component with which you received the Eligible Product. A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements the Eligible Product which came with the HARDWARE. You may use the resulting upgraded product only in accordance with the terms of this EULA and only with the HARDWARE. 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 computer.

4. COPYRIGHT.
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 MS or its suppliers (including Microsoft Corporation). You may not copy the printed materials accompanying the SOFTWARE PRODUCT. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted under this EULA are reserved by MS and its suppliers (including Microsoft Corporation).

5. DUAL-MEDIA SOFTWARE PRODUCT.
You may receive the SOFTWARE PRODUCT in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for the COMPUTER. You may not use or install the other medium on another computer. You may not loan, rent, lease, lend or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the SOFTWARE PRODUCT.

6. PRODUCT SUPPORT.
Product support for the SOFTWARE PRODUCT is not provided by MS, Microsoft Corporation, or their affiliates or subsidiaries. For product support, please refer to Manufacturer's support number provided in the documentation for the HARDWARE. Should you have any questions concerning this EULA, or if you desire to contact Manufacturer for any other reason, please refer to the address provided in the documentation for the HARDWARE.

7. EXPORT RESTRICTIONS.
You agree that you will not export or re-export the SOFTWARE PRODUCT to any country, person, or entity subject to U.S. export restrictions. You specifically agree not to export or re-export the SOFTWARE PRODUCT: (i) to any country to which the U.S. has embargoed or restricted the export of goods or services, which as of March 1998 include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria, or to any national of any such country, wherever located, who intends to transmit or transport the products back to such country; (ii) to any person or entity who you know or have reason to know will utilize the SOFTWARE PRODUCT or portion thereof in the design, development or production of nuclear, chemical or biological weapons; or (iii) to any person or entity who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government.

If SOFTWARE PRODUCT is labeled "North America Only Version" above, on the Product Identification Card, or on the SOFTWARE PRODUCT packaging or other written materials, then the following applies: The SOFTWARE PRODUCT is intended for distribution only in the United States, its territories and possessions (including Puerto Rico, Guam, and U.S. Virgin Islands) and Canada. Export of the SOFTWARE PRODUCT from the United States is regulated under "EI controls" of the Export Administration Regulations (EAR, 15 CFR 730-744) of the U.S. Commerce Department, Bureau of Export Administration (BXA). A license is required to export the SOFTWARE PRODUCT outside the United States or Canada. You agree that you will not directly or indirectly, export or re-export the SOFTWARE PRODUCT (or portions thereof) to any country, other than Canada, or to any person or entity subject to U.S. export restrictions without first obtaining a Commerce Department export license. You warrant and represent that neither the BXA nor any other U.S. federal agency has suspended, revoked or denied your export privileges.

8. NOTE ON JAVA SUPPORT.
THE SOFTWARE PRODUCT MAY CONTAIN SUPPORT FOR PROGRAMS WRITTEN IN JAVA. JAVA TECHNOLOGY IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR RESALE AS ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF JAVA TECHNOLOGY COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

APPENDIX (Warranties)

WARRANTY AND SPECIAL PROVISIONS FOR AUSTRALIA, NEW ZEALAND OR PAPUA NEW GUINEA

EXPRESS LIMITED WARRANTY

CONSUMER RIGHTS.
Consumers may have the benefit of certain rights or remedies pursuant to the Trade Practices Act and similar state and territory laws in Australia or the Consumer Guarantees Act in New Zealand, in respect of which certain liability may not be excluded.

LIMITED EXPRESS WARRANTY.
Manufacturer warrants that: (a) the SOFTWARE will perform substantially in accordance with the accompanying Product Manual(s) for a period of 90 days from the date of receipt; and (b) any Microsoft hardware accompanying SOFTWARE will be free from defects in materials and workmanship under normal use and service for a period of 1 year from the date of receipt.

CUSTOMER REMEDIES.
To the maximum extent permitted under applicable law, Manufacturer's and its supplier's entire liability and your exclusive remedy under the express warranty is, at Manufacturer's option, either (a) return of the price paid; or (b) repair or replacement of the SOFTWARE or Microsoft hardware which does not meet the warranty and which is returned to Manufacturer with a copy of your receipt. The warranty is void if failure of the SOFTWARE or Microsoft hardware has resulted from accident, abuse or misapplication. Any replacement SOFTWARE and/or Microsoft hardware will be warranted for the remainder of the original warranty period or 30 days, whichever is longer.

LIMITATION OF LIABILITY.
To the maximum extent permitted by applicable law, any conditions or warranties imposed or implied by law are hereby excluded. Consumers may nevertheless have the benefit of certain rights or remedies pursuant to the Trade Practices Act and similar state and territory laws in Australia or the Consumer Guarantees Act in New Zealand, in respect of which liability may not be excluded. Insofar as such liability may not be excluded, then to the maximum extent permitted by law, such liability is limited, at the exclusive option of Manufacturer, to either (a) replacement of the SOFTWARE (and any accompanying hardware supplied); or (b) correction of defects in the SOFTWARE; or (c) payment of the cost of having defects in the SOFTWARE (and any accompanying hardware supplied).

EXCLUSION OF LIABILITY/DAMAGES.
The following is without prejudice to any rights you may have at law which cannot legally be excluded or restricted. You acknowledge that no promise, representation, warranty or undertaking has been made or given by Manufacturer and/or Microsoft Corporation (or related company of either) to any person or company on its behalf in relation to the profitability of or any other consequences or benefits to be obtained from the delivery or use of the SOFTWARE and any accompanying Microsoft hardware, software, manuals or written materials. You have relied upon your own skill and judgement in deciding to acquire the SOFTWARE and any accompanying hardware, manuals and written materials for use by you. Except as and to the extent provided in this agreement, neither Manufacturer and/or Microsoft Corporation (or related company of either) will in any circumstances be liable for any other damages whatsoever (including, without limitation, damages for loss of business, business interruption, loss of business information or other indirect or consequential loss) arising out of the use or inability to use or supply or non-supply of the SOFTWARE and any accompanying hardware and written materials. Manufacturer's and/or Microsoft Corporation (or related company of either) total liability under any provision of this agreement is in any case limited to the amount actually paid by you for the SOFTWARE and/or Microsoft hardware.

This agreement is governed by the laws of New South Wales, Australia or, where supplies are made in New Zealand, by the laws of New Zealand.

WARRANTY AND SPECIAL PROVISIONS FOR ENGLAND, SCOTLAND, WALES AND IRELAND

LIMITED WARRANTY

LIMITED WARRANTY.
Manufacturer warrants that (a) the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and (b) any Microsoft hardware accompanying the SOFTWARE will be free from defects in materials and workmanship under normal use and service for a period of one (1) year from the date of receipt. Any implied warranties on the SOFTWARE and Microsoft hardware are limited to ninety (90) days and one (1) year, respectively. Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.

CUSTOMER REMEDIES.
Manufacturer's and its suppliers' entire liability and your exclusive remedy shall be, at Manufacturer's option, either (a) return of the price paid, or (b) repair or replacement of the SOFTWARE or hardware that does not meet this Limited Warranty and which is returned to Manufacturer with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE or hardware has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE or hardware will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.

NO OTHER WARRANTIES.
To the maximum extent permitted by applicable law, Manufacturer and its suppliers disclaim all other representations, warranties, conditions or other terms, either express or implied, including, but not limited to implied warranties amd/or conditions of merchantability and fitness for a particular purpose, with regard to the SOFTWARE, the accompanying written materials, and any accompanying hardware. This limited warranty gives you specific legal rights. You may have others which vary from state/jurisdiction to state/jurisdiction.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES.
To the maximum extent permitted by applicable law, in no event shall Manufacturer or its suppliers be liable for any damages whatsoever (including without limitation, direct or indirect damages for personal injury, loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this product, even if Manufacturer has been advised of the possibility of such damages. In any case, Manufacturer's and its suppliers' entire liability under any provision of this agreement shall be limited to the amount actually paid by you for the SOFTWARE and/or Microsoft hardware. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

SPECIAL PROVISIONS

Reverse Engineering:
If you acquired the SOFTWARE in the European Community, you may not reverse engineer, decompile, or dissassemble the SOFTWARE except to the extent and for the express purposes authorized by applicable law.

This Software License Agreement is governed by the laws of England.

APPENDIX WARRANTY AND SPECIAL PROVISIONS FOR CANADA

LIMITED WARRANTY

LIMITED WARRANTY.
Manufacturer warrants that (a) the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and (b) any Microsoft hardware accompanying the SOFTWARE will be free from defects in materials and workmanship under normal use and service for a period of one (1) year from the date of receipt. Any implied warranties or conditions on the SOFTWARE and Microsoft hardware are limited to ninety (90) days and one (1) year, respectively. Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.

CUSTOMER REMEDIES.
Manufacturer's and its suppliers' entire liability and your exclusive remedy shall be, at Manufacturer's option, either (a) return of the price paid, or (b) repair or replacement of the SOFTWARE or hardware that does not meet this Limited Warranty and which is returned to Manufacturer with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE or hardware has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE or hardware will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.

NO OTHER WARRANTIES.
To the maximum extent permitted by applicable law, Manufacturer and its suppliers disclaim all other warranties, either express or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose, with regard to the SOFTWARE, the accompanying written materials, and any accompanying hardware. This limited warranty gives you specific legal rights. You may have others which vary from state/jurisdiction to state/jurisdiction.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES.
To the maximum extent permitted by applicable law, in no event shall Manufacturer or its suppliers be liable for any damages whatsoever (including without limitation, direct or indirect damages for personal injury, loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this product, even if Manufacturer has been advised of the possibility of such damages. In any case, Manufacturer's and its suppliers' entire liability under any provision of this agreement shall be limited to the amount actually paid by you for the SOFTWARE and/or Microsoft hardware. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

This Software License Agreement is governed by the laws of the Province of Ontario, Canada. Each of the parties hereto irrevocably attorns to the jurisdiction of the courts of the Province of Ontario and further agrees to commence any litigation which may arise hereunder in the courts located in the Judicial District of York, Province of Ontario.

GARANTIE ET DISPOSITIONS PARTICULIÈRES POUR LE CANADA

GARANTIE LIMITÉE

Si vous vous êtes procuré ce produit Microsoft(r) ou ce matériel Microsoft(r) au CANADA, la garantie suivante s'adresse à vous.

GARANTIE LIMITÉE.
Le Fabricant garantit que (a) la performance du LOGICIEL sera substantiellement en conformité avec les documents écrits qui l'accompagnent pour une période de quatre-vingt-dix (90) jours à compter de la date de réception, et que (b) tout matériel de Microsoft fourni avec le LOGICIEL sera exempt de défaut de matière première ou de vice de fabrication dans des conditions normales d'utilisation et d'entretien pour une période d'un (1) an à compter de la date de réception. Toutes garanties ou conditions implicites concernant le LOGICIEL et le matériel Microsoft sont limitées à quatre-vingt-dix (90) jours et un (1) an, respectivement.

RECOURS DU CLIENT.
La seule obligation du Fabricant et de ses fournisseurs et votre recours exclusif seront, au choix du Fabricant, soit (a) le remboursement du prix payé ou (b) la réparation ou le remplacement du LOGICIEL ou du matériel qui n'est pas conforme à la Garantie limitée et qui est retourné au Fabricant avec une copie de votre reçu. Cette Garantie limitée est nulle si la défectuosité du LOGICIEL ou du matériel est causée par un accident, un traitement abusif ou une mauvaise application. Tout LOGICIEL ou matériel de remplacement sera garanti pour le reste de la période de garantie initiale ou pour trente (30) jours, selon laquelle de ces deux périodes est la plus longue.

EXCLUSION DE TOUTE AUTRE GARANTIE.
Selon la portée maximale autorisée par la loi applicable, le Fabricant et ses fournisseurs renoncent à toutes autres garanties ou conditions, expresses ou implicites, y compris mais ne se limitant pas aux garanties implicites de la qualité marchande ou un usage particulier en ce qui concerne le LOGICIEL, la documentation écrite et tout matériel qui l'accompagnent. Cette garantie limitée vous accorde des droits spécifiques reconnus par la loi.

ABSENCE DE RESPONSABILITÉ POUR LES DOMMAGES INDIRECTS.
Selon la portée maximale autorisée par la loi applicable, le Fabricant ou ses fournisseurs ne pourront être tenus responsables en aucune circonstance de tous dommages quels qu'ils soient (y compris mais non de façon limitative les dommages directs ou indirects causés par des lésions corporelles, la perte de bénéfices commerciaux, l'interruption des affaires, la perte d'information commerciale ou toute autre perte pécuniaire) découlant de l'utilisation ou de l'impossibilité d'utilisation de ce produit, et ce même si le Fabricant a été avisé de l'éventualité de tels dommages. En tout état de cause, la seule responsabilité du Fabricant et de ses fournisseurs en vertu de toute disposition de cette Convention se limitera au montant que vous aurez effectivement payé pour l'achat du LOGICIEL et/ou du matériel Microsoft.

La présente Convention de droits d'utilisation de logiciel est régie par les lois de la province d'Ontario, Canada. Chacune des parties aux présentes reconnaît irrévocablement la compétence des tribunaux de la province d'Ontario et consent à instituer tout litige qui pourrait découler des présentes auprès des tribunaux situés dans le district judiciaire de York, province d'Ontario.

WARRANTY AND SPECIAL PROVISIONS FOR THE UNITED STATES OF AMERICA AND ANY OTHER COUNTRY

LIMITED WARRANTY

LIMITED WARRANTY.
Manufacturer warrants that (a) the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and (b) any Microsoft hardware accompanying the SOFTWARE will be free from defects in materials and workmanship under normal use and service for a period of one (1) year from the date of receipt. Any implied warranties on the SOFTWARE and Microsoft hardware are limited to ninety (90) days and one (1) year, respectively. Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.

CUSTOMER REMEDIES.
Manufacturer's and its suppliers' entire liability and your exclusive remedy shall be, at Manufacturer's option, either (a) return of the price paid, or (b) repair or replacement of the SOFTWARE or hardware that does not meet this Limited Warranty and which is returned to Manufacturer with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE or hardware has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE or hardware will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.

NO OTHER WARRANTIES.
To the maximum extent permitted by applicable law, Manufacturer and its suppliers disclaim all other warranties, either express or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose, with regard to the SOFTWARE, the accompanying written materials, and any accompanying hardware. This limited warranty gives you specific legal rights. You may have others which vary from state/jurisdiction to state/jurisdiction.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES.
To the maximum extent permitted by applicable law, in no event shall Manufacturer or its suppliers be liable for any damages whatsoever (including without limitation, special, incidental, consequential, or indirect damages for personal injury, loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this product, even if Manufacturer has been advised of the possibility of such damages. In any case, Manufacturer's and its suppliers' entire liability under any provision of this agreement shall be limited to the amount actually paid by you for the SOFTWARE and/or Microsoft hardware. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

SPECIAL PROVISIONS

U.S. GOVERNMENT RESTRICTED RIGHTS.
The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Microsoft Corporation/One Microsoft Way/Redmond, WA 98052-6399.

If you acquired the SOFTWARE in the United States of America, this Software License Agreement and Warranty are governed by the laws of the State of Washington, U.S.A. If you acquired the SOFTWARE outside the United States of America, local law may apply.

03/26/98

A lot less restrictive, isn't it. Then again it's probably better to compare it to Win2k. Anyone have Win2k license?

Posted: **2003-03-13 11:41pm**

Plutonium, did you really have to quote the ENTIRE license?

Posted: **2003-03-13 11:53pm**

Pu-239 wrote:Damn that is a very restrictive license.
And of course there is that famous MS can download DRM onto your computer clause:

Only if you actually elect to get a Secure Content license, though. Still infringes on our rights to playing teh music, of course, but it's slightly overblown.

Can't duel boot upgrade and original OS

AFAIK, you can't do that with any upgrade product.

So can you still run cygwin and ssh into the computer, since you are not using the "product" to do that?

Essentially, you're limited to 10 inbound connections for the built-in services. If you decided to use OpenSSH or Apache or whatever it doesn't apply. Furthermore, the remote execution of software refers to something like Terminal Server or Citrix ICA.

Good thing I don't use XP.

W2K and WNT have similar restrictions for the inbound connections.

A lot less restrictive, isn't it. Then again it's probably better to compare it to Win2k. Anyone have Win2k license?

I have it as well

Posted: **2003-03-13 11:56pm**

IMPORTANT-READ CAREFULLY: This End-User License Agreement
("EULA") is a legal agreement between you (either an
individual or a single entity) and Microsoft Corporation for
the Microsoft software product identified above, which
includes computer software and may include associated media,
printed materials, and "online" or electronic documentation
("Product"). An amendment or addendum to this EULA may
accompany the Product. YOU AGREE TO BE BOUND
BY THE TERMS OF THIS EULA BY INSTALLING,
COPYING, OR OTHERWISE USING THE PRODUCT. IF
YOU DO NOT AGREE, DO NOT INSTALL OR USE THE
PRODUCT; YOU MAY RETURN IT TO YOUR PLACE OF
PURCHASE FOR A FULL REFUND.

1. GRANT OF LICENSE. Microsoft grants you the following
rights provided that you comply with all terms and
conditions of this EULA:

* Installation and use. You may install, use, access,
display and run one copy of the Product on a single
computer, such as a workstation, terminal or other device
("Workstation Computer"). A "License Pack" allows you to
install, use, access, display and run additional copies of
the Product up to the number of "Licensed Copies" specified
above. The Product may not be used by more than two (2)
processors at any one time on any single Workstation
Computer. You may permit a maximum of ten (10) computers or
other electronic devices (each a "Device")to connect to the
Workstation Computer to utilize the services of the Product
solely for file and print services, internet information
services, and remote access (including connection sharing
and telephony services). The ten connection maximum includes
any indirect connections made through "multiplexing" or
other software or hardware which pools or aggregates
connections. You may not use the Product to permit any
Device to use, access, display or run other executable
software residing on the Workstation Computer, nor may you
permit any Device to display the Product's user interface,
unless the Device has a separate license for the Product.

* Storage/Network Use. You may also store or install a
copy of the Product on a storage device, such as a network
server, used only to install or run the Product on your
other Workstation Computers over an internal network;
however, you must acquire and dedicate an additional license
for each separate Workstation Computer on or from which the
Product is installed, used, accessed, displayed or run. A
license for the Product may not be shared or used
concurrently on different Workstation Computers.

* Reservation of Rights. Microsoft reserves all rights not
expressly granted to you in this EULA.

2. UPGRADES. To use a Product identified as an upgrade, you
must first be licensed for the product identified by
Microsoft as eligible for the upgrade. After upgrading, you
may no longer use the product that formed the basis for your
upgrade eligibility.

3. ADDITIONAL SOFTWARE. This EULA applies to updates or
supplements to the original Product provided by Microsoft,
unless we provide other terms along with the update or
supplement.

4. TRANSFER-Internal. You may move the Product to a
different Workstation Computer. Transfer to Third Party. The
initial user of the Product may make a one-time transfer of
the Product to another end user. The transfer has to include
all component parts, media, printed materials, this EULA,
and if applicable, the Certificate of Authenticity. The
transfer may not be an indirect transfer, such as a
consignment. Prior to the transfer, the end user receiving
the transferred Product must agree to all the EULA terms. No
Rental. You may not rent, lease, or lend the Product.

5. LIMITATION ON REVERSE ENGINEERING,
DECOMPILATION, AND DISASSEMBLY. You may not reverse
engineer, decompile, or disassemble the Product, except and
only to the extent that it is expressly permitted by
applicable law notwithstanding this limitation.

6. TERMINATION. Without prejudice to any other rights,
Microsoft may cancel this EULA if you do not abide by the
terms and conditions of this EULA, in which case you must
destroy all copies of the Product and all of its component
parts.

7. CONSENT TO USE OF DATA. You agree that Microsoft and its
affiliates may collect and use technical information you
provide as a part of support services related to the
Product. Microsoft agrees not to use this information in a
form that personally identifies you.

8. NOT FOR RESALE SOFTWARE. Product identified as "Not for
Resale" or "NFR," may not be resold, transferred or used for
any purpose other than demonstration, test or evaluation.

9. ACADEMIC EDITION SOFTWARE. To use Product identified as
"Academic Edition" or "AE," you must be a "Qualified
Educational User." For qualification-related questions,
please contact the Microsoft Sales Information Center/One
Microsoft Way/Redmond, WA 98052-6399 or the Microsoft
subsidiary serving your country.

10. EXPORT RESTRICTIONS. Export-Restricted Encryption. If
the Product is identified as "North America Only Version,"
the following terms apply: The Product contains strong
encryption and cannot be exported outside of the United
States (including Puerto Rico, Guam and all other
territories, dependencies and possessions of the United
States) or Canada without a U.S. Commerce Department export
license or an applicable license exception. You agree that
you will not directly or indirectly export or re-export the
Product (or portions thereof), other than to Canada, without
first obtaining an export license or determining that a
license exception is applicable. For additional information
see <http://www.microsoft.com/exporting/>.

Exportable Encryption. If the Product is not identified as
"North America Only Version," the following terms apply: You
agree that you will not export or re-export the Product (or
portions thereof) to any country, person or entity subject
to U.S. export restrictions. You specifically agree not to
export or re-export the Product (or portions thereof): (i)
to any country subject to a U.S. embargo or trade
restriction; (ii) to any person or entity who you know or
have reason to know will utilize the Product (or portions
thereof) in the production of nuclear, chemical or
biological weapons; or (iii) to any person or entity who has
been denied export privileges by the U.S. government. For
additional information see
<http://www.microsoft.com/exporting/>.

11. LIMITED WARRANTY FOR SOFTWARE PRODUCTS
ACQUIRED IN THE US AND CANADA. Microsoft warrants that the
Product will perform substantially in accordance with the
accompanying materials for a period of ninety 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 Product, including without limitation, any
(if any) service packs or hot fixes provided to you after
the expiration of the ninety 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 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 13 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 Product, or (b) repair or replacement of the
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
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Posted: **2003-03-14 12:01am**

If you actually read the Windows 98 license, it's more restrictive than the 2K/XP licences (excepting the latter's DRM)

Posted: **2003-03-14 08:33am**

Spanky The Dolphin wrote:Plutonium, did you really have to quote the ENTIRE license?

If you actually bothered to READ, that was the Windows 98 license.

Posted: **2003-03-14 08:38am**

AFAIK, you can't do that with any upgrade product.

Yeah, but it's needed for backward compatibility. Also the Win98 license just says that you cannot run the original on one computer and the original+upgrade on another.

Win2k and WNT have similar restrictions for the inbound connections.

Don't use those either.

A lot less restrictive, isn't it. Then again it's probably better to compare it to Win2k. Anyone have Win2k license?

I have it as well

[/quote]

If you actually read the Windows 98 license, it's more restrictive than the 2K/XP licences (excepting the latter's DRM)

Doesn't look like it.

The 98 license posted above is the original 98 license, not SE. I think it might also apply to NT4.

Posted: **2003-03-14 08:55am**

phongn wrote:If you actually read the Windows 98 license, it's more restrictive than the 2K/XP licences (excepting the latter's DRM)

And on all of them there is a bunch of stuff that a NZ Judge would laugh out of court.

Posted: **2003-03-14 09:13am**

Pu-239 wrote:
AFAIK, you can't do that with any upgrade product.
Yeah, but it's needed for backward compatibility. Also the Win98 license just says that you cannot run the original on one computer and the original+upgrade on another.

Ahem.

"A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements the Eligible Product which came with the HARDWARE. You may use the resulting upgraded product only in accordance with the terms of this EULA and only with the HARDWARE. 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 computer."

The license for the newer operating system supercedes that of the older one.

Don't use those either.

For that matter, so did W9X.

The 98 license posted above is the original 98 license, not SE. I think it might also apply to NT4.

The W98 and W98 SE licenses are more or less the same, IIRC. I have an NT4 CD laying around here somewhere...

Posted: **2003-03-14 09:15am**

Stuart Mackey wrote:
phongn wrote:If you actually read the Windows 98 license, it's more restrictive than the 2K/XP licences (excepting the latter's DRM)
And on all of them there is a bunch of stuff that a NZ Judge would laugh out of court.

Which parts? AFAIK the EULA is similar in all countries?

Posted: **2003-03-14 09:33am**

phongn wrote:
Stuart Mackey wrote:
phongn wrote:If you actually read the Windows 98 license, it's more restrictive than the 2K/XP licences (excepting the latter's DRM)
And on all of them there is a bunch of stuff that a NZ Judge would laugh out of court.
Which parts? AFAIK the EULA is similar in all countries?

Similar yes, but NZ law would prevail, esp the consumer garuntee's {sp!!}act. "A product must be fit for the use for which it is intended"
At least they admit to it, and these excerpts point to consumer protection in NZ.

CONSUMER RIGHTS.
Consumers may have the benefit of certain rights or remedies pursuant to the Trade Practices Act and similar state and territory laws in Australia or the Consumer Guarantees Act in New Zealand, in respect of which certain liability may not be excluded.

LIMITATION OF LIABILITY.
To the maximum extent permitted by applicable law, any conditions or warranties imposed or implied by law are hereby excluded. Consumers may nevertheless have the benefit of certain rights or remedies pursuant to the Trade Practices Act and similar state and territory laws in Australia or the Consumer Guarantees Act in New Zealand, in respect of which liability may not be excluded. Insofar as such liability may not be excluded, then to the maximum extent permitted by law, such liability is limited, at the exclusive option of Manufacturer, to either (a) replacement of the SOFTWARE (and any accompanying hardware supplied); or (b) correction of defects in the SOFTWARE; or (c) payment of the cost of having defects in the SOFTWARE (and any accompanying hardware supplied).

Despite what the 'EXCLUSION OF LIABILITY/DAMAGES' says I rather suspect that if a microsoft product failed due to MS fuckups, that the Judge would award damages to the procecution. Our Judges dont seem to be tolerant of such things as evation of responcibility.

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