These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the pre-release software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
Internet-based services, and
for this software, unless other terms accompany those items. If so, those terms apply.
By using the software, you accept these terms. If you do not accept them, do not use the software.
As described below, using some features also operates as your consent to the transmission of certain standard computer information for Internet-based services.
INSTALLATION AND USE RIGHTS. You may install and test any number of copies of the software on your premises to run on Windows 7 Service Pack 1 and Windows Server 2008 R2 Service Pack 1.
INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software. It may change or cancel them at any time.
Consent for Internet-Based Services. The software features described below connect to Microsoft or service provider computer systems over the Internet. In some cases, you will not receive a separate notice when they connect. In some cases, you may switch off these features or not use them. For more information about these features, see the Internet Explorer privacy statement. By using these features, you consent to the transmission of this information. Microsoft does not use the information to identify or contact you.
Computer Information. The following features use Internet protocols, which send to the appropriate systems computer information, such as your Internet protocol address, the type of operating system, browser and name and version of the software you are using, and the language code of the device where you installed the software. Microsoft uses this information to make the Internet-based services available to you.
Digital Certificates. The software uses digital certificates. These digital certificates confirm the identity of Internet users sending X.509 standard encrypted information. The software retrieves certificates and updates certificate revocation lists. These security features operate only when you use the Internet.
Accelerators. When you click or move your mouse over an Accelerator in Internet Explorer, any of the following may be sent to the service provider:
the title and full web address or URL of the current webpage,
standard computer information, and
any content you have selected.
If you use an Accelerator provided by Microsoft, use of the information sent is subject to the Microsoft Online privacy statement. If you use an Accelerator provided by a third party, use of the information sent will be subject to the third party’s privacy practices.
Search Provider Update. The software will download an update to the data on your computer about search providers. This update upgrades your providers with the latest features, such as new icons or search suggestions. This is a one-time update, but the software will try to perform the update several times if it does not successfully download the update.
SmartScreen Filter. If enabled, the SmartScreen Filter will check the addresses of webpages and downloads you attempt to view against a frequently updated list of webpages and downloads that have been reported to Microsoft as unsafe or suspicious. SmartScreen will also check downloaded programs that you attempt to run against a list of commonly downloaded or run programs to help you make more informed trust decisions. More information can be found by visiting the Internet Explorer privacy statement. By enabling SmartScreen in either Windows or Internet Explorer, you consent to this feature, and you agree to use the SmartScreen Filter only in conjunction with Windows or Internet Explorer. You may not, either manually or by enabling or authorizing any software or service, copy, display, distribute, collect or store any data provided by the SmartScreen Filter.
Cookies. If you choose to use online features in the software, such as online Help and Support, cookies may be set. To learn how to block, control and delete cookies, please read the cookies section of the privacy statement.
Customer Experience Improvement Program (CEIP). This software uses CEIP, which sends anonymous information about your hardware and how you use this software to Microsoft. To make it easy for you to provide feedback, CEIP is on by default. To learn more about CEIP, see the Privacy statement for the Microsoft Customer Experience Improvement Program.
Use of Information. We may use the computer information, and CEIP information, to improve our software and services. We may also share it with others, such as hardware and software vendors. They may use the information to improve how their products run with Microsoft software.
TERM. The term of this agreement is until January 31, 2014, or 60 days after the commercial release of the software, whichever is earlier.
PRE-RELEASE SOFTWARE. This software is a pre-release version. It may not work the way a final version of the software will. We may change it for the final, commercial version. We also may not release a commercial version.
FEEDBACK. If you give feedback about the software to Microsoft, you give to Microsoft, without charge, the right to use, share and commercialize your feedback in any way and for any purpose. You also give to third parties, without charge, any patent rights needed for their products, technologies and services to use or interface with any specific parts of a Microsoft software or service that includes the feedback. You will not give feedback that is subject to a license that requires Microsoft to license its software or documentation to third parties because we include your feedback in them. These rights survive this agreement.
SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
disclose the results of any benchmark tests of the software to any third party without Microsoft’s prior written approval;
work around any technical limitations in the software;
reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
publish the software for others to copy;
rent, lease or lend the software;
transfer the software or this agreement to any third party; or
use the software for commercial software hosting services.
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.
SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.
ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
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.
Outside the United States. If you acquired the software in any other country, the laws of that country apply.
LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. 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.
NO WARRANTY. The software is licensed “as-is” and you bear the risk of using it. Microsoft gives no express 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.
LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. If you have any basis for recovering damages from Microsoft, you can recover only direct damages up to U.S. $5.00. You may not recover any other damages, including consequential, lost profits, special, indirect, or incidental damages. The damage exclusions and limitations in this agreement apply even if repair, replacement or a refund for the software does not fully compensate you for any losses or if Microsoft knew or should have known about the possibility of the damages. Some states and countries do not allow the exclusion or limitation of incidental, consequential, or other damages, so those limitations or exclusions may not apply to you. If your local law allows you to recover other damages from Microsoft even though we do not, you cannot recover more than U.S. $5.00, or the amount you paid for the software, whichever is higher.