M$ && Sending files back? [was: SOT: w2k alters mbr]

[wizard at neonedge.com (Wizard)]

> Of course I've never read all of the EULA, but is the statement:
>
> "by booting W2K you've also given them permission to send any of
> your files
> back
> to headquarters, to use as they wish."
>
> really true?  Just askin' for a rundown on where that came from.
> I'm not an
> advocate of MS, but I'd like to know if this is the real deal or
> if you are
> just taking poetic liberties here.  I mean, I like poetry too...

That's not in my EULA. Here's the full text of my EULA (copyright Microsoft
Corporation, but reprinted without express written permission, just implied
oral permission ;-).

************************************************************

Microsoft Windows 2000 Professional Licensed Copies: 1

*********************************************
END-USER LICENSE AGREEMENT
*********************************************

IMPORTANT-READ CAREFULLY: This End-User License Agreement
("EULA") is a legal agreement between you (either an
individual or a single entity) and Microsoft Corporation for
the Microsoft software product identified above, which
includes computer software and may include associated media,
printed materials, and "online" or electronic documentation
("Product"). An amendment or addendum to this EULA may
accompany the Product. YOU AGREE TO BE BOUND
BY THE TERMS OF THIS EULA BY INSTALLING,
COPYING, OR OTHERWISE USING THE PRODUCT. IF
YOU DO NOT AGREE, DO NOT INSTALL OR USE THE
PRODUCT; YOU MAY RETURN IT TO YOUR PLACE OF
PURCHASE FOR A FULL REFUND.

1.   GRANT OF LICENSE. Microsoft grants you the following
rights provided that you comply with all terms and
conditions of this EULA:

    * Installation and use. You may install, use, access,
display and run one copy of the Product on a single
computer, such as a workstation, terminal or other device
("Workstation Computer"). A "License Pack" allows you to
install, use, access, display and run additional copies of
the Product up to the number of "Licensed Copies" specified
above. The Product may not be used by more than two (2)
processors at any one time on any single Workstation
Computer. You may permit a maximum of ten (10) computers or
other electronic devices (each a "Device")to connect to the
Workstation Computer to utilize the services of the Product
solely for file and print services, internet information
services, and remote access (including connection sharing
and telephony services). The ten connection maximum includes
any indirect connections made through "multiplexing" or
other software or hardware which pools or aggregates
connections. You may not use the Product to permit any
Device to use, access, display or run other executable
software residing on the Workstation Computer, nor may you
permit any Device to display the Product's user interface,
unless the Device has a separate license for the Product.

     * Storage/Network Use. You may also store or install a
copy of the Product on a storage device, such as a network
server, used only to install or run the Product on your
other Workstation Computers over an internal network;
however, you must acquire and dedicate an additional license
for each separate Workstation Computer on or from which the
Product is installed, used, accessed, displayed or run. A
license for the Product may not be shared or used
concurrently on different Workstation Computers.

    * Reservation of Rights. Microsoft reserves all rights not
expressly granted to you in this EULA.

2.   UPGRADES. To use a Product identified as an upgrade, you
must first be licensed for the product identified by
Microsoft as eligible for the upgrade. After upgrading, you
may no longer use the product that formed the basis for your
upgrade eligibility.

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supplements to the original Product provided by Microsoft,
unless we provide other terms along with the update or
supplement.

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different Workstation Computer. Transfer to Third Party. The
initial user of the Product may make a one-time transfer of
the Product to another end user. The transfer has to include
all component parts, media, printed materials, this EULA,
and if applicable, the Certificate of Authenticity. The
transfer may not be an indirect transfer, such as a
consignment. Prior to the transfer, the end user receiving
the transferred Product must agree to all the EULA terms. No
Rental. You may not rent, lease, or lend the Product.

5.   LIMITATION ON REVERSE ENGINEERING,
DECOMPILATION, AND DISASSEMBLY. You may not reverse
engineer, decompile, or disassemble the Product, except and
only to the extent that it is expressly permitted by
applicable law notwithstanding this limitation.

6.   TERMINATION. Without prejudice to any other rights,
Microsoft may cancel this EULA if you do not abide by the
terms and conditions of this EULA, in which case you must
destroy all copies of the Product and all of its component
parts.

7.   CONSENT TO USE OF DATA. You agree that Microsoft and its
affiliates may collect and use technical information you
provide as a part of support services related to the
Product. Microsoft agrees not to use this information in a
form that personally identifies you.

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Resale" or "NFR," may not be resold, transferred or used for
any purpose other than demonstration, test or evaluation.

9.   ACADEMIC EDITION SOFTWARE. To use Product identified as
"Academic Edition" or "AE," you must be a "Qualified
Educational User." For qualification-related questions,
please contact the Microsoft Sales Information Center/One
Microsoft Way/Redmond, WA 98052-6399 or the Microsoft
subsidiary serving your country.

10.  EXPORT RESTRICTIONS. Export-Restricted Encryption. If
the Product is identified as "North America Only Version,"
the following terms apply: The Product contains strong
encryption and cannot be exported outside of the United
States (including Puerto Rico, Guam and all other
territories, dependencies and possessions of the United
States) or Canada without a U.S. Commerce Department export
license or an applicable license exception. You agree that
you will not directly or indirectly export or re-export the
Product (or portions thereof), other than to Canada, without
first obtaining an export license or determining that a
license exception is applicable. For additional information
see <http://www.microsoft.com/exporting/>.

Exportable Encryption. If the Product is not identified as
"North America Only Version," the following terms apply: You
agree that you will not export or re-export the Product (or
portions thereof) to any country, person or entity subject
to U.S. export restrictions. You specifically agree not to
export or re-export the Product (or portions thereof): (i)
to any country subject to a U.S. embargo or trade
restriction; (ii) to any person or entity who you know or
have reason to know will utilize the Product (or portions
thereof) in the production of nuclear, chemical or
biological weapons; or (iii) to any person or entity who has
been denied export privileges by the U.S. government. For
additional information see
<http://www.microsoft.com/exporting/>.

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ACQUIRED IN THE US AND CANADA. Microsoft warrants that the
Product will perform substantially in accordance with the
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country.

LIMITED WARRANTY FOR SOFTWARE PRODUCTS
ACQUIRED OUTSIDE THE US AND CANADA. FOR THE
LIMITED WARRANTIES AND SPECIAL PROVISIONS
PERTAINING TO YOUR PARTICULAR JURISDICTION,
PLEASE REFER TO YOUR WARRANTY BOOKLET
INCLUDED WITH THIS PACKAGE OR PROVIDED WITH
THE SOFTWARE PRODUCT PRINTED MATERIALS.

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appears above is the only express warranty made to you and
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TITLE, QUIET ENJOYMENT, QUIET POSSESSION,
CORRESPONDENCE TO DESCRIPTION OR
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AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL MICROSOFT OR ITS SUPPLIERS BE
LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT,
OR CONSEQUENTIAL DAMAGES WHATSOEVER
(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS OR CONFIDENTIAL OR OTHER
INFORMATION, FOR BUSINESS INTERRUPTION, FOR
PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR
FAILURE TO MEET ANY DUTY INCLUDING OF GOOD
FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE,
AND FOR ANY OTHER PECUNIARY OR OTHER LOSS
WHATSOEVER) ARISING OUT OF OR IN ANY WAY
RELATED TO THE USE OF OR INABILITY TO USE THE
PRODUCT, THE PROVISION OF OR FAILURE TO
PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER
OR IN CONNECTION WITH ANY PROVISION OF THIS
EULA, EVEN IN THE EVENT OF THE FAULT, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY,
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MICROSOFT OR ANY SUPPLIER, AND EVEN IF
MICROSOFT OR ANY SUPPLIER HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.

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Notwithstanding any damages that you might incur for any
reason whatsoever (including, without limitation, all
damages referenced above and all direct or general damages),
the entire liability of Microsoft and any of its suppliers
under any provision of this EULA and your exclusive remedy
for all of the foregoing (except for any remedy of repair or
replacement elected by Microsoft with respect to any breach
of the Limited Warranty) shall be limited to the greater of
the amount actually paid by you for the Product or
U.S.$5.00. The foregoing limitations, exclusions and
disclaimers (including Sections 11, 12 and 13 above) shall
apply to the maximum extent permitted by applicable law,
even if any remedy fails its essential purpose.

15.  NOTE ON JAVA SUPPORT. THE PRODUCT MAY
CONTAIN SUPPORT FOR PROGRAMS WRITTEN IN JAVA.
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NOT DESIGNED,MANUFACTURED, OR INTENDED FOR
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HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE
PERFORMANCE, SUCH AS IN THE OPERATION OF
NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR
COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL,
DIRECT LIFE SUPPORT MACHINES, OR WEAPONS
SYSTEMS, IN WHICH THE FAILURE OF JAVA
TECHNOLOGY COULD LEAD DIRECTLY TO DEATH,
PERSONAL INJURY, OR SEVERE PHYSICAL OR
ENVIRONMENTAL DAMAGE. Sun Microsystems, Inc. has
contractually obligated Microsoft to make this disclaimer.

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the U.S. Government pursuant to solicitations issued on or
after December 1, 1995 is provided with the commercial
license rights and restrictions described elsewhere herein.
All Product provided to the U.S. Government pursuant to
solicitations issued prior to December 1, 1995 is provided
with "Restricted Rights" as provided for in FAR, 48 CFR
52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT
1988), as applicable.

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State of Washington. If you acquired this Product in Canada,
unless expressly prohibited by local law, this EULA is
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hereunder, you consent to the jurisdiction of the federal
and provincial courts sitting in Toronto, Ontario. If this
Product was acquired outside the United States, then local
law may apply.

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with the Product) are the entire agreement between you and
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(if any) and they supersede all prior or contemporaneous
oral or written communications, proposals and
representations with respect to the Product or any other
subject matter covered by this EULA. To the extent the terms
of any Microsoft policies or programs for support services
conflict with the terms of this EULA, the terms of this EULA
shall control.

19.  The Product is protected by copyright and other
intellectual property laws and treaties. Microsoft or its
suppliers own the title, copyright, and other intellectual
property rights in the Product. The Product is licensed, not
sold.


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