Live Labs Software License Agreement – Seadragon Ajax Code
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 Seadragon Ajax Code made available by
Microsoft (”Software”) at this link:
http://go.microsoft.com/fwlink/?LinkId=164943.
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 the terms, conditions, and limitations in this
Agreement, Microsoft grants you a non-exclusive, world-wide,
royalty-free copyright license to use and modify the Software
solely as part of your own web applications which are served at
runtime from a web server over the internet to run on a Javascript
runtime in a remote end user’s web browser (referred to as
“Applications”). You may distribute the Software only to the
extent necessary for end users to make use of your Application(s)
in their web browsers. You may not rent, lease or lend any of
Your rights in the Software.
B) Subject to the terms, conditions, and limitations in this
Agreement, Microsoft grants you a non-exclusive, worldwide,
non-transferable, non-sublicensable, royalty-free license under
only its patents that read directly on the Software as provided to
you to make, use, sell, offer for sale, import and/or otherwise
dispose of the Software in your Applications, conditioned upon
your compliance with the requirements and limitations described in
Sections 1(A) and 1(C).
C) You must
- ensure that the Applications are compatible with the then
current Deep Zoom Image (DZI) File Format published by Microsoft
at http://go.microsoft.com/fwlink/?LinkId=164944;
- indicate in the user interface of your Application that your
Application is “built on Microsoft technology”; and
- indemnify, defend and hold harmless Microsoft from any claims,
including attorneys’ fees, related to the distribution or use of
Your Applications.
Additionally, You may not
- alter any copyright, trademark or patent notice in the Software;
- Except as expressly granted in this Agreement, 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;
- port the Software to another programming language; or
- modify or distribute the Software 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
- the code be disclosed or distributed in source code form; or
- 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 and distribute the
Software. Microsoft reserves all other rights. Unless applicable
law gives You more rights despite this limitation, You may use and
distribute 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.
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, 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 retains 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. Without limiting the foregoing,
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.
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 Software, 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.