MICROSOFT PRE-RELEASE SOFTWARE LICENSE TERMS
MICROSOFT WINDOWS DEFENDER OFFLINE v2
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
· 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 potentially malicious software information and computer information for Internet-based services.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS.
a. Installation and Use.
· You may install and use any number of copies of the software on your premises to test how it runs with your programs.
· You may not test the software in a live operating environment unless Microsoft permits you to do so under another agreement.
2. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software. It may change or cancel them at any time.
a. Consent for Internet-Based Services. The software features described below and in the Windows Defender Offline Privacy Statement 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 go.microsoft.com/fwlink/?LinkId=253996. By using these features, you consent to the transmission of this information. Microsoft does not use the information to identify or contact you.
i. 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.
· Customer Experience Improvement Program (CEIP). This software uses CEIP. CEIP automatically sends Microsoft information about your hardware and how you use this software. We do not use this information to identify or contact you. To learn more about CEIP, see go.microsoft.com/fwlink/?LinkId=253996.
· Updates. By default, the software will automatically download definition updates. For more information, see the privacy statement at go.microsoft.com/fwlink/?LinkId=253996.
· Malicious Software Removal. The software will check for and remove certain high severity malicious software (“Malware”) stored on your device during scheduled scans and when you select this action. When the software checks your device for Malware, a report will be sent to Microsoft about any Malware detected or errors that occur while the software is checking for Malware, specific information relating to the detection, errors that occurred while the software was checking for Malware, and other information about your device that will help us improve this and other Microsoft products and services. No information that can be used to identify you is included in the report.
· Potentially Unwanted Software. The software will search your computer for low to medium severity Malware, including but not limited to, spyware, and other potentially unwanted software ("Potentially Unwanted Software"). The software will only remove or disable low to medium severity Potentially Unwanted Software if you agree. Removing or disabling this Potentially Unwanted Software may cause other software on your computer to stop working, and it may cause you to breach a license to use other software on your computer, if the other software installed this Potentially Unwanted Software on your computer as a condition of your use of the other software. You should read the license agreements for other software before authorizing the removal of this Potentially Unwanted Software. By using this software, it is possible that you or the system will also remove or disable software that is not Potentially Unwanted Software.
· Microsoft Active Protection Service (MAPS) Participation. The Microsoft Active Protection Service (MAPS) antimalware community is a voluntary, worldwide community that includes users of the software. Upon initial installation, users will be opted-in by default to participate in MAPS under a Basic membership. Under the Basic membership, if the software is turned on, MAPS can report information about Malware and other forms of Potentially Unwanted Software to Microsoft. If a MAPS report includes details about Malware or Potentially Unwanted Software that the software may be able to remove, MAPS will download the latest signature to address it. MAPS can also find “false positives” (where something originally identified as Malware turns out not to be) and fix them. In some instances, personal information might unintentionally be sent to Microsoft. However, Microsoft will not use this information to identify you or contact you. To learn more about MAPS and the information this feature transmits to Microsoft, see the privacy statement at go.microsoft.com/fwlink/?LinkId=253996.
· Error Reports. This software automatically sends error reports to Microsoft that describe which software components had errors. No files or memory dumps will be sent unless you choose to send them. For more information about Error Reports, see go.microsoft.com/fwlink/?LinkId=253996.
ii. 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.
3. TERM. The term of this agreement is until 15/09/2012 (day/month/year), or commercial release of the software, whichever is first.
4. 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.
5. 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.
6. 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, 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.
7. 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 Microsoft Exporting - Home
8. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.
9. 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.
10. 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.
11. 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.
12. 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 or statutory guarantees 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.
FOR AUSTRALIA – You have statutory guarantees under the Australian Consumer Law and nothing in these terms is intended to affect those rights.
13. 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.