terminal/dep/WinAppDriver/EULA.rtf

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\pard\widctlpar\sb120\sa120\b\f0\fs28 MICROSOFT SOFTWARE LICENSE TERMS\par
\pard\brdrb\brdrs\brdrw10\brsp20 \widctlpar\sb120\sa120 Pre-Release and Evaluation EULA \endash Windows Application Driver\par
\pard\widctlpar\sb120\sa120\b0\fs20 IF YOU LIVE IN (OR ARE A BUSINESS WITH YOUR PRINCIPAL PLACE OF BUSINESS IN) THE UNITED STATES, PLEASE READ THE \ldblquote BINDING ARBITRATION AND CLASS ACTION WAIVER\rdblquote SECTION BELOW. IT AFFECTS HOW DISPUTES ARE RESOLVED.\lang9\par
\pard\brdrt\brdrs\brdrw10\brsp20 \widctlpar\sb120\sa120 These license terms are an agreement between you and Microsoft Corporation (or one of its affiliates). They apply to the software named above and any Microsoft services or software updates (except to the extent such services or updates are accompanied by new or \lang1033 additional terms, in which case those different terms apply prospectively and do not alter your or Microsoft\rquote s rights relating to pre-updated software or services\lang9 ). IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW.\par
\pard
{\pntext\f0 1.\tab}{\*\pn\pnlvlbody\pnf0\pnindent360\pnstart1\pndec{\pntxta.}}
\widctlpar\s1\fi-357\li357\sb120\sa120\b\lang1033 INSTALLATION AND USE RIGHTS.\par
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\widctlpar\s2\fi-360\li717\sb120\sa120 General. \b0 You may install and use any number of copies of the software on your devices, solely to i) evaluate for internal business purposes; and ii) design, develop and test your applications. \par
{\pntext\f0 b)\tab}\b Included Microsoft Applications. \b0 The software may include other Microsoft applications. These license terms apply to those included applications, if any, unless other license terms are provided with the other Microsoft applications.\par
{\pntext\f0 c)\tab}\b Third Party Applications. \b0 The software may include third party applications that Microsoft, not the third party, licenses to you under this agreement. Any included notices for third party applications are for your information only and are listed in Exhibit A to these license terms.\par
{\pntext\f0 d)\tab}\b No Distribution Rights. \b0 This agreement does not grant you a license to distribute nor sublicense all or part of the software to any third party.\par
{\pntext\f0 e)\tab}\b\lang9 Package Managers. \b0\lang1033 The software may include package managers, like NuGet, that give you the option to download other Microsoft and third party software packages to use with your application. Those packages are under their own licenses, and not this agreement. Microsoft does not distribute, license or provide any warranties for any of the third party packages\lang9 .\lang1033\par
\pard\widctlpar\s1\fi-357\li357\sb120\sa120\b 2.\tab TIME-SENSITIVE SOFTWARE.\par
\pard
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\widctlpar\s2\fi-360\li717\sb120\sa120 Period. \b0 The software is time-sensitive and may stop running on a date that is defined in the software.\par
{\pntext\f0 b)\tab}\b Notice. \b0 You may receive periodic reminder notices of this date through the software.\par
{\pntext\f0 c)\tab}\b Access to data. \b0 You may not be able to access data used in the software when it stops running.\par
\pard\widctlpar\s1\fi-357\li357\sb120\sa120\b 3.\tab PRE-RELEASE SOFTWARE.\b0 The software is a pre-release version. It may not operate correctly. It may be different from the commercially released version.\par
\b 4.\tab FEEDBACK.\b0 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 will not give feedback that is subject to a license that requires Microsoft to license its software or documentation to third parties because Microsoft includes your feedback in them. These rights survive this agreement.\par
\b 5.\tab DATA.\b0 The software may collect information about you and your use of the software and send that to Microsoft. Microsoft may use this information to provide services and improve Microsoft\rquote s products and services. Your opt-out rights, if any, are described in\b \b0 the product documentation. Some features in the software may enable collection of data from users of your applications that access or use the software. If you use these features to enable data collection in your applications, you must comply with applicable law, including getting any required user consent, and maintain a prominent privacy policy that accurately informs users about how you use, collect, and share their data. You can learn more about Microsoft\rquote s data collection and use in the product documentation and the Microsoft Privacy Statement at {{\field{\*\fldinst{HYPERLINK http://go.microsoft.com/fwlink/?LinkID=521839 }}{\fldrslt{http://go.microsoft.com/fwlink/?LinkID=521839\ul0\cf0}}}}\f0\fs20 . You agree to comply with all applicable provisions of the Microsoft Privacy Statement.\par
\b 6.\tab SCOPE OF LICENSE.\b0 The software is licensed, not sold. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you will not (and have no right to):\par
\pard
{\pntext\f0 a)\tab}{\*\pn\pnlvlbody\pnf0\pnindent0\pnstart1\pnlcltr{\pntxta)}}
\widctlpar\s2\fi-360\li717\sb120\sa120 work around any technical limitations in the software that only allow you to use it in certain ways;\par
{\pntext\f0 b)\tab}reverse engineer, decompile or disassemble the software;\par
{\pntext\f0 c)\tab}remove, minimize, block, or modify any notices of Microsoft or its suppliers in the software;\par
{\pntext\f0 d)\tab}use the software in any way that is against the law or to create or propagate malware; or\par
{\pntext\f0 e)\tab}share, publish, or lend the software (except for any distributable code, and then subject to the applicable terms above), provide the software as a stand-alone hosted solution for others to use, or transfer the software or this agreement to any third party.\par
\pard\widctlpar\s1\fi-357\li357\sb120\sa120\b 7.\tab EXPORT RESTRICTIONS.\b0 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 (aka.ms/exporting).\par
\b 8.\tab SUPPORT SERVICES.\b0 Microsoft is not obligated under this agreement to provide any support services for the software. Any support provided is \ldblquote as is\rdblquote , \ldblquote with all faults\rdblquote , and without warranty of any kind.\par
\b 9.\tab UPDATES.\b0 The software may periodically check for updates, and download and install them for you. You may obtain updates only from Microsoft or authorized sources. Microsoft may need to update your system to provide you with updates. You agree to receive these automatic updates without any additional notice. Updates may not include or support all existing software features, services, or peripheral devices.\par
\b 10.\tab BINDING ARBITRATION AND CLASS ACTION WAIVER.\b0 This Section applies if you live in (or, if a business, your principal place of business is in) the United States. If you and Microsoft have a dispute, you and Microsoft agree to try for 60 days to resolve it informally. If you and Microsoft can\rquote t, you and Microsoft agree to binding individual arbitration before the American Arbitration Association under the Federal Arbitration Act (\ldblquote FAA\rdblquote ), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity are not allowed; nor is combining individual proceedings without the consent of all parties. The complete Arbitration Agreement contains more terms and is at aka.ms/arb-agreement-1. You and Microsoft agree to these terms.\par
\b 11.\tab ENTIRE AGREEMENT.\b0 This agreement, and any other terms Microsoft may provide for supplements, updates, or third-party applications, is the entire agreement for the software.\par
\b 12.\tab APPLICABLE LAW AND PLACE TO RESOLVE DISPUTES.\b0 If you acquired the software in the United States or Canada, the laws of the state or province where you live (or, if a business, where your principal place of business is located) govern the interpretation of this agreement, claims for its breach, and all other claims (including consumer protection, unfair competition, and tort claims), regardless of conflict of laws principles, except that the FAA governs everything related to arbitration. If you acquired the software in any other country, its laws apply, except that the FAA governs everything related to arbitration. If U.S. federal jurisdiction exists, you and Microsoft consent to exclusive jurisdiction and venue in the federal court in King County, Washington for all disputes heard in court (excluding arbitration). If not, you and Microsoft consent to exclusive jurisdiction and venue in the Superior Court of King County, Washington for all disputes heard in court (excluding arbitration).\par
\b 13.\tab CONSUMER RIGHTS; REGIONAL VARIATIONS\b0 . This agreement describes certain legal rights. You may have other rights, including consumer rights, under the laws of your state, province, 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, province, 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:\par
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\widctlpar\s2\fi-360\li717\sb120\sa120\b Australia.\b0 You have statutory guarantees under the Australian Consumer Law and nothing in this agreement is intended to affect those rights.\par
{\pntext\f0 b)\tab}\b Canada.\b0 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.\par
{\pntext\f0 c)\tab}\b Germany and Austria\b0 .\par
\pard\widctlpar\li717\sb120\sa120\b (i)\b0\tab\b Warranty.\b0 The properly licensed software will perform substantially as described in any Microsoft materials that accompany the software. However, Microsoft gives no contractual guarantee in relation to the licensed software.\par
\b (ii)\b0\tab\b Limitation of Liability\b0 . 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.\par
\pard\widctlpar\s1\li717\sb120\sa120 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.\par
\pard\widctlpar\s1\fi-357\li357\sb120\sa120\b 14.\tab DISCLAIMER OF WARRANTY.\b0 \b THE SOFTWARE IS LICENSED \ldblquote AS IS.\rdblquote YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, MICROSOFT EXCLUDES ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.\b0\par
\b 15.\tab LIMITATION ON AND EXCLUSION OF DAMAGES. IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES DESPITE THE PRECEDING DISCLAIMER OF WARRANTY, 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.\par
\pard\widctlpar\li357\sb120\sa120\b0 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, warranty, guarantee, or condition; strict liability, negligence, or other tort; or any other claim; in each case to the extent permitted by applicable law.\par
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, province, or country may not allow the exclusion or limitation of incidental, consequential, or other damages.\par
\pard\widctlpar\sb120\sa120\page\par
\pard\widctlpar\sb120\sa120\qc EXHIBIT A\par
THIRD PARTY NOTICES AND INFORMATION\par
FOR\par
MICROSOFT WINDOWS APPLICATION DRIVER\par
\pard\widctlpar\sb120\sa120\par
THIRD-PARTY SOFTWARE NOTICES AND INFORMATION\line\line Note: While Microsoft is not the author of the files below, Microsoft is offering you a license subject to the terms of the Microsoft Software License Terms for Microsoft Windows Application Driver (the \ldblquote Microsoft Program\rdblquote ). Microsoft reserves all other rights. The notices below are provided for informational purposes only and are not the license terms under which Microsoft distributes these files.\par
The Microsoft Program includes the following third-party software:\par
1.\tab Newtonsoft.json version 7.0. ({\b{\field{\*\fldinst{HYPERLINK http://www.newtonsoft.com/json }}{\fldrslt{http://www.newtonsoft.com/json\ul0\cf0}}}}\f0\fs20 )\par
2.\tab Casablanca ({{\field{\*\fldinst{HYPERLINK http://casablanca.codeplex.com/ }}{\fldrslt{http://casablanca.codeplex.com/\ul0\cf0}}}}\f0\fs20 )\par
As the recipient of the above third-party software, Microsoft sets forth a copy of the notices and other information below.\par
1. Newtonsoft.json version 7.0.1 ({{\field{\*\fldinst{HYPERLINK http://www.newtonsoft.com/json }}{\fldrslt{http://www.newtonsoft.com/json\ul0\cf0}}}}\f0\fs20 )\par
NEWTONSOFT.JSON NOTICES AND INFORMATION BEGIN HERE\line =========================================\par
The MIT License (MIT)\line\line Copyright (c) 2007 James Newton-King\line\line Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:\line\line The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.\line\line THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.\par
NEWTONSOFT.JSON NOTICES AND INFORMATION END HERE\line =========================================\par
2. Casablanca ({{\field{\*\fldinst{HYPERLINK http://casablanca.codeplex.com/ }}{\fldrslt{http://casablanca.codeplex.com/\ul0\cf0}}}}\f0\fs20 )\par
CASABLANCA NOTICES AND INFORMATION BEGIN HERE\line =========================================\par
Copyright (c) Microsoft Corporation. All rights reserved. \line Licensed under the Apache License, Version 2.0 (the "License");\line you may not use this file except in compliance with the License.\line You may obtain a copy of the License at\line {{\field{\*\fldinst{HYPERLINK http://www.apache.org/licenses/LICENSE-2.0 }}{\fldrslt{http://www.apache.org/licenses/LICENSE-2.0\ul0\cf0}}}}\f0\fs20\line\line Unless required by applicable law or agreed to in writing, software\line\f1\fs19 distributed under the License is distributed on an "AS IS" BASIS,\line WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.\line See the License for the specific language governing permissions and\line limitations under the License.\fs20\par
\f0 CASABLANCA NOTICES AND INFORMATION END HERE\line =========================================\par
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