key: ms-xml-core-4.0 short_name: MSXML 4.0 EULA name: Microsoft XML Core Services (MSXML) 4.0 EULA category: Proprietary Free owner: Microsoft spdx_license_key: LicenseRef-scancode-ms-xml-core-4.0 ignorable_urls: - http://www.microsoft.com/exporting text: "Microsoft XML Core Services (MSXML) 4.0 EULA\nEND-USER LICENSE AGREEMENT FOR MICROSOFT\ \ SOFTWARE\nMicrosoft xml CORE SERVICES (MSXML) 4.0 \n\nIMPORTANT-READ CAREFULLY: This Microsoft\ \ 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 identified above,\ \ which may include computer software, associated media, printed materials, and \"online\"\ \ or electronic documentation (\"SOFTWARE\"). By downloading, installing, copying, or otherwise\ \ using the SOFTWARE, 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 or use the SOFTWARE.\n\nThe SOFTWARE is protected\ \ by copyright laws and international copyright treaties, as well as other intellectual property\ \ laws and treaties. Microsoft or its suppliers own the title, copyright and other intellectual\ \ property rights in the SOFTWARE. The SOFTWARE is licensed, not sold.\n\nThe SOFTWARE consists\ \ of two elements: (1) XML Core Services component (\"COMPONENT\") which contains, among\ \ other items, files with \".dll\" extensions which expose application programming interfaces\ \ that provide implementation to read, write, transform and make other manipulations with\ \ XML; and (2) MSXML software development kit (\"SDK\") which may include documentation, sample\ \ code, and other information designed to assist in the development of your applications.\n\ \n1.\tGRANT OF LICENSE. This EULA grants you the following rights:\na.\tGeneral. You may\ \ install and use any number of copies of the SOFTWARE on any number of computers, including\ \ workstations, terminals or other digital electronic devices, for the purpose of designing,\ \ developing and testing your application(s) which work in conjunction with XML (\"Application(s)\"\ ). \nb.\tSample Code. You may modify the portions of the SDK designated as \"Sample Code\"\ \ for the purpose of designing, developing and testing your Application.\nc.\tRedistribution\ \ of SOFTWARE and/or COMPONENT. You may copy and redistribute the SOFTWARE (in its entirety)\ \ and/or the COMPONENT (in its entirety) either in conjunction with your Application or standalone\ \ in and of itself, subject to the following restrictions and limitations:\n(i)\tIf you redistribute\ \ the SOFTWARE and/or COMPONENT in their entirety, your copy must be a true and complete copy\ \ of the SOFTWARE and/or COMPONENT, including Microsoft’s set up and all copyright notices,\ \ logos, end user license agreement and/or trademarks that appear in the SOFTWARE and/or COMPONENT\ \ as received from Microsoft;\n(ii)\tIf you redistribute the SOFTWARE and/or COMPONENT in\ \ conjunction with your Application, your Application must include a valid copyright notice\ \ in your own name, which notice shall be sufficient to protect Microsoft’s copyright in the\ \ SOFTWARE and/or COMPONENT;\n(iii)\tIf you redistribute the SOFTWARE and/or COMPONENT in\ \ conjunction with your Application, and if your Application does not display Microsoft’s\ \ end user license agreement to your end user, then your Application must be accompanied by\ \ license terms that are at least as restrictive as, and as protective of Microsoft as, those\ \ contained in this EULA.;\n(iv)\tYou shall not use Microsoft’s name, logo or trademarks to\ \ market your Application;\n(v)\tYou shall not modify or alter the SOFTWARE and/or COMPONENT\ \ in any way; provided that you may merge those files in the SOFTWARE and/or COMPONENT with\ \ \"msm\" extensions into the \"msm\" files of your Application;\n(vi)\tYou shall not redistribute\ \ individual parts or files of the COMPONENT; you must redistribute the COMPONENT in its entirety;\n\ (vii)\tYou shall not redistribute the SDK separately; the SDK may only be redistributed as\ \ part of the SOFTWARE in its entirety; and\n(viii)\tYou agree to indemnify, hold harmless\ \ and defend Microsoft from and against any claims or lawsuits, including reasonable attorneys’\ \ fees, which arise or result from your distribution of the SOFTWARE and/or COMPONENT and/or\ \ your Application.\nd.\tRedistribution of Sample Code as Modified by You. You may copy and\ \ redistribute any Sample Code that you have modified as described in Section 1(b) above and\ \ incorporated into your Application, in both source code form and object code form, subject\ \ to the following restrictions and limitations:\n(i)\tYou shall distribute the modified Sample\ \ Code only in conjunction with and as part of an Application that adds significant and primary\ \ functionality to the Sample Code;\n(ii)\tYou shall not use Microsoft’s name, logo or trademarks\ \ to market your Application;\n(iii)\tYou shall to include a valid copyright notice in your\ \ own name in your Application, which notice shall be sufficient to protect Microsoft’s copyright\ \ in the modified Sample Code; and\n(iv)\tYou agree to indemnify, hold harmless and defend\ \ Microsoft from and against any claims or lawsuits including reasonable attorneys’ fees,\ \ which arise or result from the use or distribution of the modified Sample Code and/or your\ \ Application.\ne.\t\tIdentified Software. Your license rights to the SOFTWARE are conditioned\ \ upon your (a) not incorporating Identified Software into, or combining Identified Software\ \ with, the SOFTWARE, or a derivative work thereof; (b) not distributing Identified Software\ \ in conjunction with the SOFTWARE; and (c) not using Identified Software in the development\ \ of a derivative work of the SOFTWARE. \"Identified Software\" means software which is licensed\ \ pursuant to terms that directly or indirectly (i) create, or purport to create, obligations\ \ for Microsoft with respect to the SOFTWARE or derivative work thereof or (ii) grant, or\ \ purport to grant, to any third party any rights or immunities under Microsoft’s intellectual\ \ property or proprietary rights in the SOFTWARE or derivative work thereof. Identified\ \ Software includes, without limitation, any software that requires as a condition of use,\ \ modification and/or distribution of such software that other software incorporated into,\ \ derived from or distributed with such software be (a) disclosed or distributed in source\ \ code form; (b) be licensed for the purpose of making derivative works; or (c) be redistributable\ \ at no charge.\nf.\tBenchmark Testing. You may not disclose the results of any benchmark\ \ test using the SOFTWARE to any third party without Microsoft’s prior written approval. \ \ \ng.\tReservation of Rights. Microsoft reserves all rights not expressly granted herein.\ \ \n\n2.\tLIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not\ \ reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent\ \ that such activity is expressly permitted by applicable law notwithstanding this limitation.\n\ 3.\tNO RENTAL. You may not rent, lease, or lend the SOFTWARE.\n\n4.\tSUPPORT SERVICES. In\ \ the event Microsoft does provide you with support services related to the SOFTWARE (\"Support\ \ Services\"), use of such Support Services is governed by the Microsoft policies and programs\ \ described in the user manual, in \"online\" documentation, and/or in other Microsoft-provided\ \ materials. Any supplemental software code provided to you as part of the Support Services\ \ shall be considered part of the SOFTWARE and subject to the terms and conditions of this\ \ EULA. With respect to technical information you provide to Microsoft as part of the Support\ \ Services, Microsoft may use such information for its business purposes, including for product\ \ support and development. Microsoft will not utilize such technical information in a form\ \ that personally identifies you.\n\n5.\tTERMINATION. 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 and all of its component\ \ parts.\n\n6.\tINTELLECTUAL PROPERTY RIGHTS. All title and intellectual property rights in\ \ and to the SOFTWARE (including but not limited to any images, photographs, animations, video,\ \ audio, music, text and \"applets\" incorporated into the SOFTWARE), and any copies you are\ \ permitted to make herein are owned by Microsoft or its suppliers. All title and intellectual\ \ property rights in and to the content which may be accessed through use of the SOFTWARE\ \ 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. \n\n7.\tU.S. GOVERNMENT LICENSE RIGHTS. SOFTWARE 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. SOFTWARE 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. \n\n8.\tEXPORT RESTRICTIONS. You agree that the SOFTWARE is subject\ \ to U.S. export jurisdiction. You agree to comply with all applicable international and\ \ national laws that apply to the SOFTWARE including the U.S. Export Administration Regulations,\ \ as well as end-user, end use and destination restrictions issued by the U.S. and other governments.\ \ For additional information see http://www.microsoft.com/exporting/.\n\n9. \tDISCLAIMER\ \ OF WARRANTIES. To the maximum extent permitted by applicable law, Microsoft and its suppliers\ \ provide the SOFTWARE and any (if any) Support Services AS IS AND WITH ALL FAULTS, and hereby\ \ disclaim all warranties and conditions, either express, implied or statutory, including,\ \ but not limited to, any (if any) implied warranties or conditions of merchantability, of\ \ fitness for a particular purpose, of lack of viruses, of accuracy or completeness of responses,\ \ of results, and of lack of negligence or lack of workmanlike effort, 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. THE ENTIRE RISK AS TO\ \ THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND SUPPORT SERVICES,\ \ IF ANY, REMAINS WITH YOU.\n\n10. 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, PUNITIVE, 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, 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. \n\n11. \tLIMITATION 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 shall 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 shall apply to the maximum extent permitted by applicable law, even if any\ \ remedy fails its essential purpose.\n\n12.\tAPPLICABLE LAW. If you acquired this SOFTWARE\ \ in the United States, this EULA is governed by the laws of the State of Washington. If\ \ you acquired this SOFTWARE 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 was acquired outside the\ \ United States, then local law may apply.\n\n13.\tENTIRE AGREEMENT. This EULA (including\ \ any addendum or amendment to this EULA which is included with the SOFTWARE) is the entire\ \ agreement between you and Microsoft relating to the SOFTWARE and the Support Services (if\ \ any) and it supersedes all prior or contemporaneous oral or written communications, proposals\ \ and representations with respect to the SOFTWARE 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.\n\n14. \tQUESTIONS?\ \ 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. \n\n"