Zeeshan Quireshi said:
can you tell me what "freedom" exactly are you being deprived off in the bolded part ?
:Sigh:
Doesn't the grp of 3 musketeers (2 active here) do some planning before they line up to post one by one? On one hand, one of the musketeers comes up showing his inabilty to read the EULA or may be he's having a problem in acknowledging the meaning of the improperly formatted EULA which most of the time is telling what not to do and even giving links....how convenient!! And on other, another musketeers tells me to stop!
eula-scan said:
9. MICROSOFT .NET BENCHMARK TESTING. The software includes one or more components of the .NET Framework 3.0 (".NET Components"). You may conduct internal benchmark testing of those components. You may disclose the results of any benchmark test of those components, provided that you comply with the conditions set forth at *go.microsoft/fwlink/?LinkID=66406.
Foster brings up good points about the inevitable problems that this clause will bring. Microsoft can - and undoubtedly will - change the terms on that web page at any time, thus complicating life for anyone wanting to disclose test results.
And can u please post the contents of that link, its not even opening here giving me error
Code:
Firefox can't find the server at www.go.microsoft.
Its quite laughable on u that now u r quoting only some part of the bolded paras that I quoted. Is it too much for u?
After all such debate, u come and ask the meaning of "freedom"? How cute!...like a child who asks whats "A" after having a crash course of English alphabet!!
No go and read again the whole EULA line by line,word by word, letter by letter with ur eyes wide open. May be u like to work "only" for MS that u forgot whats freedom! And u call urself a programmer!
Lets make it simple for u!
AA.
a. General. One user may install and use copies of the software to design, develop, test and demonstrate your programs. Testing does not include staging on a server in a production environment, such as loading content prior to production use.
Ahem!!
BB.
b. Included Microsoft Programs. These license terms apply to all Microsoft programs included with the software. If the license terms with any of those programs give you other rights that do not expressly conflict with these license terms, you also have those rights.
May be an average developer has to do a Law degree to research and understand the license terms before coding! May be a dual degree will help programmers!
CC.
i. Right to Use and Distribute. The code and text files listed below are “Distributable Code.”
• REDIST.TXT Files. You may copy and distribute the object code form of code listed in REDIST.TXT files.
• Sample Code. You may modify, copy, and distribute the source and object code form of code marked as “sample.”
• Microsoft Merge Modules. You may copy and distribute the unmodified output of Microsoft Merge Modules.
• MFCs, ATLs and CRTs. You may modify the source code form of Microsoft Foundation Classes (MFCs), Active Template Libraries (ATLs), and C runtimes (CRTs) to design, develop and test your programs, and copy and distribute the object code form of your modified files under a new name. (...Some relief)
• MDAC. You may copy and distribute the object code form of the MDAC_TYP.EXE file.
• Image Library. You may copy and distribute images and animations in the Image Library as described in the software documentation. You may also modify that content. If you modify the content, it must be for use that is consistent with the permitted use of the unmodified content.
• Third Party Distribution. You may permit distributors of your programs to copy and distribute the Distributable Code as part of those programs.
Read the bolded part! I see, we have to check out whether the code is under the "sample" first!!
DD.
iii. Distribution Restrictions.
You may not
• alter any copyright, trademark or patent notice in the Distributable Code;
• use Microsoft’s trademarks in your programs’ names or in a way that suggests your programs come from or are endorsed by Microsoft;
•
distribute Distributable Code, other than code listed in OTHER-DIST.TXT files,
to run on a platform other than the Windows platform; 
shock:
)
• include Distributable Code in malicious, deceptive or unlawful programs; or
•
modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that
• the code be disclosed or distributed in source code form; or
• others have the right to modify it.
c. Additional Functionality.
Microsoft may provide additional functionality for the software. Other license terms and fees may apply.
Great! Can't we give additional functionality to the software? Atleast they cud have been more clear! Do u understand the bolded parts??....MS helping Linux??
EE
4. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software. It may change or cancel them at any time.
MS apologises for 'serving malwares'....Internet based service?
FF
a. Consent for Internet-Based Services. The software feature described below connects to Microsoft or service provider computer systems over the Internet. In some cases, you will not receive a separate notice when they connect. You may switch off this feature or not use it. For more information about this feature, see the software documentation. BY USING THIS FEATURE, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION. Microsoft does not use the information to identify or contact you.
Pretty good privacy(PGP)? Looks like we have to *learn* how to switch off this "feature" first before we start coding!!
GG
b. Misuse of Internet-based Services. You may not use this service in any way that could harm it or impair anyone else’s use of it. You may not use the service to try to gain unauthorized access to any service, data, account or network by any means.
HH
5. TIME-SENSITIVE SOFTWARE. If the version of the software is a trial version, the software will stop running either ninety days or one hundred eighty days after you install it, depending on the trial version you have. You will receive notice before it stops running. You may not be able to access data used with the software when it stops running.
Have u paid for ur edition? May be its time MS gets more serious with the piracy thing!
II
7. MICROSOFT WINDOWS SOFTWARE. The software contains the Microsoft .NET Framework 2.0 and Microsoft Data Access Component 2.8 SP1 software. These software are part of Windows. The license terms for Windows apply to your use of the .NET Framework 2.0 and Microsoft Data Access Component software.
JJ
8. SQL SERVER BENCHMARK TESTING. You must obtain Microsoft’s prior written approval to disclose to a third party the results of any benchmark test of the SQL Server software that accompanies this software.
Now get some approval too!
KK
9. MICROSOFT .NET FRAMEWORK BENCHMARK TESTING. The software includes the .NET Framework component of the Windows operating systems (“.NET Component”). You may conduct internal benchmark testing of the .NET Component. You may disclose the results of any benchmark test of the .NET Component, provided that you comply with the following terms: (1) you must disclose all the information necessary for replication of the tests, including complete and accurate details of your benchmark testing methodology, the test scripts/cases, tuning parameters applied, hardware and software platforms tested, the name and version number of any third party testing tool used to conduct the testing, and complete source code for the benchmark suite/harness that is developed by or for you and used to test both the .NET Component and the competing implementation(s); (2) you must disclose the date (s) that you conducted the benchmark tests, along with specific version information for all Microsoft software products tested, including the .NET Component; (3) your benchmark testing was performed using all performance tuning and best practice guidance set forth in the product documentation and/or on Microsoft’s support web sites, and uses the latest updates, patches and fixes available for the .NET Component and the relevant Microsoft operating system; (4) it shall be sufficient if you make the disclosures provided for above at a publicly available location such as a website, so long as every public disclosure of the results of your benchmark test expressly identifies the public site containing all required disclosures; and (5) nothing in this provision shall be deemed to waive any other right that you may have to conduct benchmark testing. The foregoing obligations shall not apply to your disclosure of the results of any customized benchmark test of the .NET Component, whereby such disclosure is made under confidentiality in conjunction with a bid request by a prospective customer, such customer’s application(s) are specifically tested and the results are only disclosed to such specific customer. Notwithstanding any other agreement you may have with Microsoft, if you disclose such benchmark test results, Microsoft shall have the right to disclose the results of benchmark tests it conducts of your products that compete with the .NET Component, provided it complies with the same conditions above.
Are we playing hide n seek?
LL
10. 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. For more information, see www.microsoft.com/licensing/userights. You may not
• 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; or
• use the software for commercial software hosting services.
MM
11. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software
Now they'll tell us about the number of backups too! Impressive!
NN
18. 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.
19. SUPPORT SERVICES. Microsoft provides support services for the software as described at *www.support.microsoft.com/com...rnational.aspx.
Links blinks all around!
OO
. 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.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
Better research on US laws and patents too if u decide to move to US!! FUnny!
PP
21. APPLICABLE LAW.
a. 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.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
22. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your state or 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 state or country if the laws of your state or country do not permit it to do so.
23. LIMITATION ON AND EXCLUSION OF DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE SOFTWARE. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
• anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
• 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
• repair, replacement or a refund for the software does not fully compensate you for any losses; or
• Microsoft knew or should have known about the possibility of the damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. They also may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
************************************************** ************************************
LIMITED WARRANTY
A. LIMITED WARRANTY. If you follow the instructions, the software will perform substantially as described in the Microsoft materials that you receive in or with the software.
B. TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES. THE LIMITED WARRANTY COVERS THE SOFTWARE FOR ONE YEAR AFTER ACQUIRED BY THE FIRST USER. IF YOU RECEIVE SUPPLEMENTS, UPDATES, OR REPLACEMENT SOFTWARE DURING THAT YEAR, THEY WILL BE COVERED FOR THE REMAINDER OF THE WARRANTY OR 30 DAYS, WHICHEVER IS LONGER. If the first user transfers the software, the remainder of the warranty will apply to the recipient.
TO THE EXTENT PERMITTED BY LAW, ANY IMPLIED WARRANTIES, GUARANTEES OR CONDITIONS LAST ONLY DURING THE TERM OF THE LIMITED WARRANTY. Some states do not allow limitations on how long an implied warranty lasts, so these limitations may not apply to you. They also might not apply to you because some countries may not allow limitations on how long an implied warranty, guarantee or condition lasts.
C. EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your acts (or failures to act), the acts of others, or events beyond Microsoft’s reasonable control.
Part of ur law degree!
Now just count how many times they said 'u may not', 'read the documentations', makes 'exceptions', links us to diff 'sites', stresses on the 'consequences' if not adhereing to rulezz or even by mistake etc etc!! So much freedom!
I guess our MS developers can be good lawyers if not good programmers! It seems an innocent developer has to spend most of the time reading EULA, 'links', don't, consequences even before typing a letter in the prestigious Visual studio!!
I hope u know what "brainstorming sessions" mean in "software development process". I guess here we have new meaning of it, where people argue to make sure if all the terms n conditions are met.
Typically software development life cycle model has five stages
1. Requirements and analaysis
2. Design
3. Implementation and unit testing
4. Integration and system testing
5. Operation and maintenance testing
I guess with EULA we have one more "agree terms and conditions"...telling u what not to do mostly!! How laughable!!
@Zeeshan are u ready to code? May be u shud make sure that u comply with "all' the terms and conditions. WE don't want our zeeshan bhai to be doing olympics around the court instead making a career in software firms! May be u shud really consult some lawyers to find even the meaning of simplest word in EULA before going out for the final battle i.e to code "freely" on Visual Studio?
So @zeeshan I hope u still haven't understood the meaning of EULA or the freedom!! U may ask again what freedom is or consult the wiki this time or may be the American children dictionary!
@GX: I'm sorry, but I guess ur fellow musketeer forgot to consult u.....before asking me the meaning of english aplhabet!
