MICROSOFT SOFTWARE LICENSE
TERMS
MICROSOFT PERFVIEW
.NET LIBRARY
These
license terms are an agreement between you and Microsoft Corporation (or based
on where you live, one of its affiliates). They apply to the software named
above. The terms also apply to any Microsoft services or updates for the
software, except to the extent those have different terms.
If
you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS.
To develop
and test your applications you may install and use any number of copies of the
software only with the Microsoft implementation of PerfView located on GitHub
here: https://github.com/microsoft/perfview.
2.
THIRD PARTY COMPONENTS. The software may include third party components with
separate legal notices or governed by other agreements, as may be described in
the ThirdPartyNotices file(s) accompanying the software.
3.
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
·
work around any technical
limitations in the software;
·
reverse engineer, decompile or
disassemble the software, or otherwise attempt to derive the source code for
the software, except and to the extent required by third party licensing terms
governing use of certain open source components that may be included in the
software;
·
remove, minimize, block or modify
any notices of Microsoft or its suppliers in the software;
·
use the software in any way that
is against the law; or
·
share, publish, rent or lease the
software, provide the software as a stand-alone offering for others to use, or
transfer the software or this agreement to any third party.
4.
export
restrictions. You must comply with all domestic
and international export laws and regulations that apply to the software, which
include restrictions on destinations, end users, and end use. For further
information on export restrictions, visit www.microsoft.com/exporting.
5.
SUPPORT
SERVICES. Because this software is “as is,” we may not provide
support services for it.
6.
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.
7. Applicable Law. If you acquired the software in the United States, Washington law
applies to interpretation of and claims for breach of this agreement, and the
laws of the state where you live apply to all other claims. If you acquired the
software in any other country, its laws apply.
8. CONSUMER RIGHTS; REGIONAL VARIATIONS. This agreement describes certain
legal rights. You may have other rights, including consumer rights, under the
laws of your state or country. Separate and apart from your relationship with
Microsoft, you may also have rights with respect to the party from which you
acquired the software. This agreement does not change those other rights if the
laws of your state or country do not permit it to do so. For example, if you
acquired the software in one of the below regions, or mandatory country law
applies, then the following provisions apply to you:
a) Australia. You have statutory guarantees under the Australian Consumer
Law and nothing in this agreement is intended to affect those rights.
b) Canada. If you acquired this software in Canada, you may stop
receiving updates by turning off the automatic update feature, disconnecting
your device from the Internet (if and when you re-connect to the Internet,
however, the software will resume checking for and installing updates), or
uninstalling the software. The product documentation, if any, may also specify
how to turn off updates for your specific device or software.
c) Germany and Austria.
(i) Warranty. The software will perform
substantially as described in any Microsoft materials that accompany it.
However, Microsoft gives no contractual guarantee in relation to the software.
(ii) Limitation of Liability. In case of
intentional conduct, gross negligence, claims based on the Product Liability
Act, as well as in case of death or personal or physical injury, Microsoft is
liable according to the statutory law.
Subject to the foregoing clause (ii), Microsoft will only
be liable for slight negligence if Microsoft is in breach of such material
contractual obligations, the fulfillment of which facilitate the due
performance of this agreement, the breach of which would endanger the purpose
of this agreement and the compliance with which a party may constantly trust in
(so-called "cardinal obligations"). In other cases of slight
negligence, Microsoft will not be liable for slight negligence
9. Disclaimer of Warranty. THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR THE RISK
OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS.
TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
10.
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 (a)
anything related to the software, services, content (including code) on third
party Internet sites, or third party applications; and (b) 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
also 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 state or country may not allow the exclusion or limitation of incidental,
consequential or other damages.