Source

Microsoft Symbol Server EULA Circa VS 2005

TERMS OF USE FOR MICROSOFT SYMBOLS AND BINARIES

These Terms of Use govern your access to and use of computer files obtained from Microsoft Corporation (“Microsoft”) via the Internet (collectively, “Files”).  By clicking on “Yes” below or by accessing or using any Files, you agree to these Terms of Use.  If you do not agree, then you may not access or use any Files.  These Terms of Use also govern any support services that Microsoft may provide in connection with Files.  You can find a copy of these Terms of Use at http://www.microsoft.com/whdc/ddk/debugging/symsrvTOU2.mspx.

1. Ownership, License and Limitations.  All Files are the copyrighted work of Microsoft and/or its suppliers.  Microsoft grants you the right to use Files solely in the ordinary operation of debugging software for the purpose of debugging a validly licensed copy of a Microsoft operating system or one or more applications running on a validly licensed copy of a Microsoft operating system.  Any rights not expressly granted herein are reserved.  Without limiting the generality of the foregoing sentence, you may not make additional copies of any Files or post or distribute any Files to others.  Reverse engineering, decompiling, or disassembling the Files is prohibited, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.  Microsoft is not obligated to provide any Files or any support services in connection with Files, and Microsoft reserves the right to discontinue providing Files or any support services at any time in its sole discretion.

2. No Malicious Use.  As a condition of your use of Files, you may not request or use any Files in any manner that could damage, disable, overburden or impair any Microsoft server or the network(s) connected to any Microsoft server, or could interfere with any other party’s use of any Files.  You may not attempt to gain unauthorized access to any Files, accounts, computer systems or networks connected to any Microsoft server.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Microsoft.

3. DISCLAIMER OF WARRANTIES.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT AND ITS SUPPLIERS PROVIDE FILES AND ANY SUPPORT SERVICES AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF RELIABILITY OR AVAILABILITY, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO FILES AND THE PROVISION OF OR FAILURE TO PROVIDE FILES OR OTHER SERVICES, INFORMATION, SOFTWARE OR RELATED CONTENT OR OTHERWISE ARISING OUT OF THE USE OF FILES.  ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO FILES.

4. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT 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 FILES, INFORMATION, SOFTWARE OR RELATED CONTENT THROUGH THE FILES OR OTHERWISE ARISING OUT OF THE USE OF FILES OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THESE TERMS OF USE, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, 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.

5. LIMITATION OF LIABILITY AND REMEDIES.  NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), THE ENTIRE LIABILITY OF MICROSOFT AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THESE TERMS OF USE AND YOUR EXCLUSIVE REMEDY HEREUNDER SHALL BE LIMITED TO US$5.00.  THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS (INCLUDING SECTIONS 3, 4 AND 5) WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

6. RESTRICTED RIGHTS LEGEND.  Any Files downloaded for or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), are provided with Restricted Rights.  Use, duplication or disclosure by the U.S. 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.

7. APPLICABLE LAW; ENTIRE AGREEMENT; SEVERABILITY.  These Terms of Use are governed by the laws of the State of Washington and constitute the entire agreement between you and Microsoft relating to Files and any support services, and supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by these Terms of Use.  If any provision of these Terms of Use is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.

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