The Best EULA Ever

[Randall R Schulz]

HI,

Here's the EULA referred to earlier. It appears in my browser as a big 
blob, just like this:

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Please read the following license agreement.  Use the scroll bar to see the 
rest of the agreement.

This is a legal agreement ("Agreement") between you (either an individual 
or an entity), the end user ("Recipient"), and Microsoft Corporation 
("Microsoft"). BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE (AS 
DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF 
YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL, COPY OR 
USE THE SOFTWARE. MICROSOFT CORPORATION LICENSE AGREEMENT FOR PRERELEASE 
SOFTWARE Microsoft Mobile Internet Toolkit Beta 2 Accompanying this 
Agreement is a prerelease copy of the Microsoft software identified above, 
which includes software and related documentation and information 
(collectively the "Software"). The Software is protected by copyright laws 
and international copyright treaties, as well as other intellectual 
property laws and treaties. The Software is licensed, not sold. 1. GRANT OF 
LICENSE; RESTRICTIONS; ACKNOWLEDGEMENT. This Agreement grants Recipient the 
following rights provided that Recipient complies with all terms and 
conditions of this Agreement: (a) License Grant for Internal Use; 
Applications. Microsoft grants to Recipient a limited, non-exclusive, 
nontransferable, royalty-free license to install and use unlimited copies 
of the executable code of the Software on any number of CPUs residing on 
Recipient's premises running validly licensed copies of both Microsoft 
Windows 2000 and the Microsoft .Net Framework (each a server), solely (i) 
to test the compatibility of Recipient's application or other product(s) 
which operate in conjunction with the Software and to evaluate the Software 
for the purpose of providing feedback thereon to Microsoft, and (ii) to 
develop software applications ("Applications") for use in accordance with 
Section 3 of this Agreement. All other rights are reserved to Microsoft 
except as expressly provided herein. (b) License to Device Adapter Code. In 
addition to the rights granted in Section 1(a), Microsoft grants to 
Recipient the right to use, copy and modify the source code version of 
those portions of the Software identified as "Device Adapter Code" ("Device 
Adapter Code") for the sole purposes of designing, developing, and testing 
Recipient's Applications, and to reproduce and distribute the Device 
Adapter Code, along with any modifications thereof, solely in object code 
form as a part of Recipient's Applications in accordance with Section 3 of 
this Agreement. In addition to the conditions set forth in Section 3 of 
this Agreement, the foregoing license is subject to the following 
conditions: (i) any modifications or derivatives made by Recipient to the 
Device Adapter Code shall only be used in conjunction with the Software; 
and (ii) Recipient shall not distribute the Device Adapter Code, or any 
portion thereof, on a stand-alone basis or otherwise permit further 
distribution of the Device Adapter Code and/or derivatives thereof by third 
parties. (c) Open Source. Recipient's license rights to the Software are 
conditioned upon Recipient (i) not distributing such Software, in whole or 
in part, in conjunction with Potentially Viral Software (as defined below); 
and (ii) not using Potentially Viral Software (e.g. tools) to develop 
Recipient software which includes the Software, in whole or in part. For 
purposes of the foregoing, "Potentially Viral Software" means software 
which is licensed pursuant to terms that: (x) create, or purport to create, 
obligations for Microsoft with respect to the Software or (y) grant, or 
purport to grant, to any third party any rights to or immunities under 
Microsoft's intellectual property or proprietary rights in the Software. By 
way of example but not limitation of the foregoing, Recipient shall not 
distribute the Software, in whole or in part, in conjunction with any 
Publicly Available Software. "Publicly Available Software" means each of 
(i) any software that contains, or is derived in any manner (in whole or in 
part) from, any software that is distributed as free software, open source 
software (e.g. Linux) or similar licensing or distribution models; and (ii) 
any software that requires as a condition of use, modification and/or 
distribution of such software that other software distributed with such 
software (A) be disclosed or distributed in source code form; (B) be 
licensed for the purpose of making derivative works; or (C) be 
redistributable at no charge. Publicly Available Software includes, without 
limitation, software licensed or distributed under any of the following 
licenses or distribution models, or licenses or distribution models similar 
to any of the following: (A) GNU's General Public License (GPL) or 
Lesser/Library GPL (LGPL), (B) The Artistic License (e.g., PERL), (C) the 
Mozilla Public License, (D) the Netscape Public License, (E) the Sun 
Community Source License (SCSL), and (F) the Sun Industry Standards License 
(SISL). (d) ACKNOWLEDGEMENT. All other rights are reserved to Microsoft. 
Recipient shall not rent, lease, sell, sublicense, assign, or otherwise 
transfer any portion of the Software. Recipient may not reverse engineer, 
decompile or disassemble any portion of the Software, except and only to 
the extent that this limitation is expressly prohibited by applicable law 
notwithstanding this limitation. 2. FEEDBACK. Recipient agrees to provide 
reasonable feedback to Microsoft, including but not limited to usability, 
bug reports and test results, with respect to Software testing. All bug 
reports, test results and other feedback provided to Microsoft by Recipient 
shall be the property of Microsoft and may be used by Microsoft for any 
purpose. Due to the nature of the development work, Microsoft provides no 
assurance that any specific errors or discrepancies in the Software will be 
corrected. Recipient may not use the Software in a live operating 
environment with data that has not been sufficiently backed up. 3. APPROVED 
USES OF APPLICATIONS. (a) Except as provided in Subsection 3(b), Recipient 
may only use Applications on an internal basis for non-production purposes 
only and may not distribute or license the Applications to third parties or 
make the Applications available for use by any third party. (b) Recipient 
may deploy and make Applications available for use by third parties via the 
Internet provided that for the purposes of such deployment, the Application 
is hosted by an Approved Hoster. The list of Approved Hosters is available 
within the Visual Studio.Net software product, on the Visual Studio.NET 
Start page, in the Web Hosting Section. The Approved Hoster may require a 
separate hosting agreement with the Recipient and Microsoft disclaims all 
liability related to any agreements or services provided by the Approved 
Hoster. In addition, Recipient agrees (i) to promptly upgrade to and obtain 
a license for the commercially released version of the Software when it 
becomes generally available to the public; (ii) to install all updates as 
"mandatory updates" by Microsoft within 2 business days of receipt of such 
updates (all updates delivered to Recipient by Microsoft shall be subject 
to this Agreement); (iii) that Recipient is solely responsible for updating 
its customers with versions of Applications that operate satisfactorily 
with the final commercially released version of the Software; (iv) not to 
use Microsoft's name, logo, or trademarks to market the Application, 
provided however, that any Application that includes the Device Adapter 
Code or any derivatives thereof must include a clear statement indicating 
that such Application is based upon the Microsoft Mobile Internet Toolkit; 
(v) to include a valid copyright notice on the Applications in Recipient's 
name; (vi) to indemnify and hold harmless Microsoft from and against any 
claims or lawsuits, including attorneys' fees, that arise from or result 
from the use or deployment of the Application; (vii) to otherwise comply 
with the terms of this EULA; and (viii) that Microsoft reserves all rights 
not expressly granted. 4. TERM OF AGREEMENT. The term of this Agreement 
shall commence on the date accepted by Recipient and shall continue until 
terminated by Microsoft in writing at any time, with or without cause. This 
Agreement will terminate without notice upon the earlier of (i) commercial 
release of the Software or (ii) one year after the last date Recipient 
receives the Software or any Update thereto, unless terminated earlier by 
Microsoft. Upon the termination of this Agreement (or upon request by 
Microsoft), Recipient shall promptly return to Microsoft, or certify 
destruction of, all full or partial copies of the Software provided by 
Microsoft. The following Sections shall survive termination or expiration 
of this Agreement: Sections 2, 7, 8, 9, 10 and 11. 5. COST OF TESTING. 
There is no charge to Recipient for testing of the Software. 6. 
MAINTENANCE/UPDATES. Microsoft is not obligated to provide maintenance, 
technical support or updates to Recipient for the Software provided to 
Recipient pursuant to this Agreement or to provide any support with respect 
to the Applications. However, Microsoft may, in its sole discretion, 
provide further pre-release versions, technical support, updates and/or 
supplements of the Software and/or related information ("Updates") to 
Recipient hereunder, in which case such Updates shall also be deemed to be 
included in the "Software" and therefore governed by this Agreement, unless 
other terms of use are provided by Microsoft with such Updates. In no event 
shall Microsoft be obligated to provide Recipient a copy of the commercial 
release version of the Software in connection with Recipient's 
participation in the testing program. Microsoft is not obligated to make 
the Software commercially available. 7. INTELLECTUAL 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 
of the Software that Recipient is expressly permitted to make herein, are 
owned by Microsoft or its suppliers. All title and intellectual property 
rights in and to the content that may be accessed through use of the 
Software are the property of the respective content owner and may be 
protected by applicable copyright or other intellectual property laws and 
treaties. This Agreement grants Recipient no rights to use such content. If 
the Software contains documentation that is provided only in electronic 
form, Recipient may print one copy of such electronic documentation. 
Recipient may not copy the printed materials accompanying the Software. 
Microsoft reserves all rights not expressly granted. 8. DISCLAIMER OF 
WARRANTIES. THE SOFTWARE IS DEEMED ACCEPTED BY RECIPIENT. THE SOFTWARE 
CONTAINS PRE-RELEASE SOFTWARE AND MAY BE CHANGED SUBSTANTIALLY BEFORE 
COMMERCIAL RELEASE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 
MICROSOFT AND ITS SUPPLIERS PROVIDE THE SOFTWARE AND ANY (IF ANY) SUPPORT 
SERVICES RELATED TO THE SOFTWARE ("SUPPORT SERVICES") AS IS AND WITH ALL 
FAULTS, AND HEREBY DISCLAIM WITH RESPECT TO THE SOFTWARE AND SUPPORT 
SERVICES ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR 
STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES, DUTIES 
OR CONDITIONS OF OR RELATED TO: MERCHANTABILITY, FITNESS FOR A PARTICULAR 
PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, 
WORKMANLIKE EFFORT AND LACK OF NEGLIGENCE. ALSO, THERE IS NO WARRANTY, DUTY 
OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND 
CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT. THE ENTIRE RISK AS TO 
THE QUALITY, OR ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND 
ANY SUPPORT SERVICES, REMAINS WITH RECIPIENT. 9. 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 DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL OR OTHER 
DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF 
PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, 
PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF 
GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND 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 OR SUPPORT SERVICES, THE PROVISION OF OR 
FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION 
WITH ANY PROVISION OF THIS AGREEMENT, 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. 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 RECIPIENT. 10. LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY 
DAMAGES THAT RECIPIENT 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 AGREEMENT AND RECIPIENT'S EXCLUSIVE REMEDY FOR ALL OF 
THE FOREGOING SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY YOU BASED ON 
REASONABLE RELIANCE UP TO THE LESSER OF THE AMOUNT ACTUALLY PAID BY 
RECIPIENT FOR THE SOFTWARE OR FIVE DOLLARS (US$5.00). THE FOREGOING 
LIMITATIONS, EXCLUSIONS AND DISCLAIMERS (INCLUDING SECTIONS 8 AND 9 ABOVE) 
SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY 
REMEDY FAILS ITS ESSENTIAL PURPOSE. 11. GOVERNING 
LAW/JURISDICTION/ATTORNEYS' FEES. This Agreement shall be construed and 
controlled by the laws of the State of Washington, and Recipient consents 
to exclusive jurisdiction and venue in the federal courts sitting in King 
County, Washington, unless no federal jurisdiction exists, in which case 
Recipient consents to exclusive jurisdiction and venue in the Superior 
Court of King County, Washington. Recipient waives all defenses of lack of 
personal jurisdiction and forum non-conveniens. Process may be served on 
either party in the manner authorized by applicable law or court rule. If 
either party employs attorneys to enforce any rights arising out of or 
relating to this Agreement, the prevailing party shall be entitled to 
recover its reasonable attorneys' fees, costs and other expenses. 12. U.S. 
GOVERNMENT RIGHTS. All Software provided to the U.S. Government pursuant to 
solicitations issued on or after December 1, 1995 is provided with the 
rights and restrictions described elsewhere herein. All 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. 13. EXPORT RESTRICTIONS. Recipient acknowledges that Software 
is of U.S. origin. Recipient agrees 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 U.S. and other governments. For 
additional information, see < http://www.microsoft.com/exporting/ >. 14. NOTE 
ON JAVA SUPPORT. THE SOFTWARE 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 ONLINE 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. Sun 
Microsystems, Inc. has contractually obligated Microsoft to make this 
disclaimer. 15. ENTIRE AGREEMENT. This Agreement constitutes the complete 
and exclusive agreement between Microsoft and Recipient with respect to the 
subject matter hereof, and supersedes all prior or contemporaneous oral or 
written communications, proposals, representations, understandings, or 
agreements not specifically incorporated herein. This Agreement may not be 
amended except in a writing duly signed by an authorized representative of 
Microsoft and Recipient. 16. PARTIES BOUND. If Recipient is executing this 
Agreement on behalf of an entity, then Recipient represents he/she has 
authority to execute this Agreement on behalf of such entity and agrees 
that the Software (and any copies thereof) shall remain on the company 
premises, unless otherwise agreed to in writing by Microsoft. 17. Should 
you have any questions concerning this Agreement, or if you desire to 
contact Microsoft for any reason, please write Microsoft Corporation, One 
Microsoft Way, Redmond WA 98052-6399.

Do you accept all of the terms of the preceding License Agreement?  If you 
choose No, Install will close.  To install you must accept this agreement.


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