How to correctly use the "Windows Sysinternals" license

Wild, Markus 10 Reputation points
2023-04-19T13:35:03.25+00:00

I have read that Microsoft does not allow the redistribution of the "Windows Sysinternals software" [short: software]. But what does redistribution means and how do I have to cope with it in practical daily business? This is not quite clear or at least I need some concrete answers to following questions:

  • This is the License of the software https://learn.microsoft.com/en-us/sysinternals/license-terms!
  • Assume I have installed parts of that software on a machine (that we afterwards are selling to customers) during commissioning in our factory!
  • Does redistribution mean I have to uninstall the software after commissioning, when the ownership of the machine changes?
  • If the machine is at our customer site and our service needs the software on the machine, is the service technician allowed to install it on behalf of our customer who owns the machine?
  • If the service technician is not allowed to install on behalf of our customer, how can we prove that the customer itself installed the suite for example by a Menu Entry within our machine? Does the customer need to sign his download?
  • After the technician has done his maintenance work on the machine does he has to uninstall the software again?
  • Am I allowed to write scripts or applications that calls out to that software and only install this stubs?
  • If all the above fails, is a service technician allowed to use the software preinstalled on a USB or external Disk?
  • There are uncertainties regarding different laws. For example in Germany we have the § 69c Nr. 3 UrhG where "Verleihung" vs. "Vermietung" is not clear in this case. How to deal with that? Would be great to get a profound answer, that helps us being legal with that. P.S.: Would be great if Microsoft could change the License of the software to a FOSS license to overcome this problems!
Sysinternals
Sysinternals
Advanced system utilities to manage, troubleshoot, and diagnose Windows and Linux systems and applications.
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