Internet-based services. Microsoft provides Internet-based services with the software. It may change or cancel them at any time




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MICROSOFT PRE-RELEASE SOFTWARE LICENSE TERMS

MICROSOFT ASP.NET WEB PAGES – BETA 3N22ONE

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

  • updates,

  • supplements,

  • Internet-based services, and

  • support services

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.

If you comply with these license terms, you have the rights below.
  1. INSTALLATION AND USE RIGHTS.


  • You may install and use any number of copies of the software on your devices to design, develop, test and demonstrate your ASP.NET programs for use with the software.

  • You may provide your programs containing the software to your hosting services provider for testing purposes only.

  • You may not test the software in a live operating environment unless Microsoft permits you to do so under another agreement.
  1. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software. It may change or cancel them at any time.

    1. 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 elect to not use it. For more information about this feature, see the software documentation and the privacy statement appended at the end of this agreement. BY USING THIS FEATURE, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION. Microsoft does not use the information to identify or contact you.

      1. Computer Information. The following feature uses Internet protocols, which send to the appropriate systems computer information, such as your Internet protocol address. Microsoft or a third-party service provider uses this information to make the Internet-based service available to you.

        • Open Data Protocol (OData) Service. This software will access a list of packages that is supplied by means of an OData service online from Microsoft or a third-party service provider.

      2. Installing Packages and their Dependencies. Please refer to the “Third Party Package Manager” section below for a description of this feature.

      3. Use of Information. We or the third-party service provider may use the computer information, to improve our or their software and services. We or they may also share it with others, such as hardware and software vendors.

    2. 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.

  2. TERM. The term of this agreement is until February 28, 2011, or commercial release of the software, whichever is first.

  3. 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.

  4. 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

  5. THIRD PARTY PACKAGE MANAGER.  This software includes a package manager feature, which enables you to obtain other software packages from other sources.  Those packages are offered and distributed in some cases by third parties or in some cases by Microsoft, but each such package is under its own license terms.  Microsoft is not developing, distributing or licensing any of the third-party packages to you, but instead, as a convenience, is providing you with this package manager feature in order to access any packages for your own use By using this package manager feature, you acknowledge and agree that you may be accessing and using the third-party packages as distributed by such third parties and under the separate license terms applicable to each package, including any terms applicable to software dependencies that may be included in the package. You acknowledge and agree that it is your responsibility to locate, understand and comply with all applicable license terms for each package and its dependencies, for example, by following the package source (feed) URL or by reviewing the packages for embedded notices or license terms The package manager feature may have been pre-set to a sample feed that is hosted by a third party at a sample URL, located here: go.microsoft.com/fwlink/?LinkID=205388 The packages listed on this sample feed may include packages submitted by third parties.  Microsoft makes no representations, warranties or guarantees as to the sample feed URL, any feeds from such URL, the information contained therein, or any packages referenced in or accessed by you through such feeds. Microsoft does not grant you any licensing rights to the third-party packages you access or download using the package manager software or the sample feedYou may change the sample feed URL that the package manager feature initially points to at any time at your discretion.

  6. THIRD PARTY NOTICES. The package manager feature of the software includes third party code. However, all such code is licensed by you by Microsoft under this license agreement, rather than licensed to you by any third party under some other license terms. Notices, if any, for the third party code are included with this software for your information only.

  7. 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. Microsoft grants you no license rights for third-party software that is obtained using this software. 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;

  • 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.
  1. 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.

  2. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.

  3. 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.

  4. Applicable Law.

    1. 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.

    2. Outside the United States. If you acquired the software in any other country, the laws of that country apply.

  5. 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.

  6. Disclaimer of Warranty. The software is licensed “as-is.” 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.

  7. 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

  • 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 Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.

Please note: As this software is distributed in Quebec, Canada, some of the clauses in this agreement are provided below in French.

Remarque : Ce logiciel étant distribué au Québec, Canada, certaines des clauses dans ce contrat sont fournies ci-dessous en français.

EXONÉRATION DE GARANTIE. Le logiciel visé par une licence est offert « tel quel ». Toute utilisation de ce logiciel est à votre seule risque et péril. Microsoft n’accorde aucune autre garantie expresse. Vous pouvez bénéficier de droits additionnels en vertu du droit local sur la protection des consommateurs, que ce contrat ne peut modifier. La ou elles sont permises par le droit locale, les garanties implicites de qualité marchande, d’adéquation à un usage particulier et d’absence de contrefaçon sont exclues.

LIMITATION DES DOMMAGES-INTÉRÊTS ET EXCLUSION DE RESPONSABILITÉ POUR LES DOMMAGES. Vous pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation en cas de dommages directs uniquement à hauteur de 5,00 $ US. Vous ne pouvez prétendre à aucune indemnisation pour les autres dommages, y compris les dommages spéciaux, indirects ou accessoires et pertes de bénéfices.

Cette limitation concerne :

  • tout ce qui est relié au logiciel, aux services ou au contenu (y compris le code) figurant sur des sites Internet tiers ou dans des programmes tiers ; et

  • les réclamations au titre de violation de contrat ou de garantie, ou au titre de responsabilité stricte, de négligence ou d’une autre faute dans la limite autorisée par la loi en vigueur.

Elle s’applique également, même si Microsoft connaissait ou devrait connaître l’éventualité d’un tel dommage. Si votre pays n’autorise pas l’exclusion ou la limitation de responsabilité pour les dommages indirects, accessoires ou de quelque nature que ce soit, il se peut que la limitation ou l’exclusion ci-dessus ne s’appliquera pas à votre égard.

EFFET JURIDIQUE. Le présent contrat décrit certains droits juridiques. Vous pourriez avoir d’autres droits prévus par les lois de votre pays. Le présent contrat ne modifie pas les droits que vous confèrent les lois de votre pays si celles-ci ne le permettent pas.


* * * * * * * *

PRIVACY STATEMENT FOR MICROSOFT THIRD PARTY PACKAGE MANAGER BETA 2 AND FOR MICROSOFT ASP.NET WEB PAGES BETA 3


Last updated: 11/2/2010

Microsoft is committed to protecting your privacy, while delivering software that brings you the performance, power, and convenience you desire in your personal computing. This privacy statement explains many of the data collection and use practices the package manager functionality contained in Microsoft Third Party Package Manager Beta 2, and in Microsoft ASP.NET Web Pages Beta 3 (collectively, the “Package Manager”).  This is a preliminary disclosure that focuses on features that communicate with the Internet and is not intended to be an exhaustive list. It does not apply to other online or offline Microsoft sites, products, or services.

Package Manager is a developer-focused package management system for the .NET platform that simplifies the process of finding and incorporating third party libraries into .NET applications during development.

COLLECTION AND USE OF YOUR INFORMATION

The information we collect from you will be used by Microsoft and its controlled subsidiaries and affiliates to enable the features you are using and provide the service(s) or carry out the transaction(s) you have requested or authorized.  It may also be used to analyze and improve Microsoft products and services.

We may send certain mandatory service communications such as welcome letters, billing reminders, information on technical service issues, and security announcements.  Some Microsoft services may send periodic member letters that are considered part of the service. We may occasionally request your feedback, invite you to participate in surveys, or send you promotional mailings to inform you of other products or services available from Microsoft and its affiliates.

In order to offer you a more consistent and personalized experience in your interactions with Microsoft, information collected through one Microsoft service may be combined with information obtained through other Microsoft services. We may also supplement the information we collect with information obtained from other companies. For example, we may use services from other companies that enable us to derive a general geographic area based on your IP address in order to customize certain services to your geographic area.

Except as described in this statement, personal information you provide will not be transferred to third parties without your consent. We occasionally hire other companies to provide limited services on our behalf, such as packaging, sending and delivering purchases and other mailings, answering customer questions about products or services, processing event registration, or performing statistical analysis of our services. We will only provide those companies the personal information they need to deliver the service, and they are prohibited from using that information for any other purpose.

Microsoft may access or disclose information about you, including the content of your communications, in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of Microsoft or our customers, including the enforcement of our agreements or policies governing your use of the services; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of Microsoft employees, customers, or the public. We may also disclose personal information as part of a corporate transaction such as a merger or sale of assets.

Information that is collected by or sent to Microsoft by Package Manager may be stored and processed in the United States or any other country in which Microsoft or its affiliates, subsidiaries, or service providers maintain facilities. Microsoft abides by the safe harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of data from the European Union, the European Economic Area, and Switzerland. 

COLLECTION AND USE OF INFORMATION ABOUT YOUR COMPUTER

When you use software with Internet-enabled features, information about your computer ("standard computer information") is sent to the Web sites you visit and online services you use. Microsoft uses standard computer information to provide you Internet-enabled services, to help improve our products and services, and for statistical analysis. Standard computer information typically includes information such as your IP address, operating system version, browser version, and regional and language settings. In some cases, standard computer information may also include hardware ID, which indicates the device manufacturer, device name, and version. If a particular feature or service sends information to Microsoft, standard computer information will be sent as well. 

Because this is a pre-release version of the software, some of these Internet-enabled features are turned on by default so that we can collect enough information about how the software is working in order to improve the commercially released software. The default settings in this pre-release software do not necessarily reflect how these features will be configured in the commercially released software.

The privacy details for each Package Manager feature, software or service listed in this privacy statement describe what additional information is collected and how it is used.

SECURITY OF YOUR INFORMATION

Microsoft is committed to helping protect the security of your information. We use a variety of security technologies and procedures to help protect your information from unauthorized access, use, or disclosure. For example, we store the information you provide on computer systems with limited access, which are located in controlled facilities.

CHANGES TO THIS PRIVACY STATEMENT

We will occasionally update this privacy statement to reflect changes in our products, services, and customer feedback. When we post changes, we will revise the "last updated" date at the top of this statement. If there are material changes to this statement or in how Microsoft will use your personal information, we will notify you either by posting a notice of such changes prior to implementing the change or by directly sending you a notification. We encourage you to periodically review this statement to be informed of how Microsoft is protecting your information.

FOR MORE INFORMATION

Microsoft welcomes your comments regarding this privacy statement. If you have questions about this statement or believe that we have not adhered to it, please contact us at  .

SPECIFIC FEATURES 


The remainder of this document will address the following specific features:

FEED DOWNLOADS

WHAT THIS FEATURE DOES: The package manager will download a list of packages and descriptions from an ATOM feed.

INFORMATION COLLECTED, PROCESSED, OR TRANSMITTED: The package manager connects to a third party feed located at go.microsoft.com/fwlink/?LinkID=204820 for Microsoft Third Party Package Manager Beta 2, and at go.microsoft.com/fwlink/?LinkID=205388 for Microsoft ASP.NET Web Pages Beta 3.

USE OF INFORMATION:  None of this information is sent to Microsoft.

CHOICE/CONTROL: Do not launch the package manager from Visual Studio if you do not want it to connect to an atom feed.




INSTALLING PACKAGES AND THEIR DEPENDENCIES

WHAT THIS FEATURE DOES: The package manager allows the user to download packages and their dependencies directly from the publisher/developer and install them into the user’s project.

INFORMATION COLLECTED, PROCESSED, OR TRANSMITTED: The package manager connects to the publisher/developer to allow the user to download the package.

USE OF INFORMATION:  None of this information is sent to Microsoft.

CHOICE/CONTROL: Do not install packages using the package manager if you do not want the package manager to connect to the publisher/developer of a package to download it.





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