#
Plumbago by Microsoft Garage ##End User License AgreementThis End User License Agreement (“EULA”) is a binding legal agreement between you, as an individual or entity, and Microsoft Corporation ("Microsoft"). By downloading, installing, or using this application for Windows (the “Software”), you agree to be bound by the terms of this EULA. This EULA applies to any updates or supplements for the application, unless the application comes with separate terms, in which case those terms apply. If you do not agree to the EULA, do not check the “I accept” box and do not use the Software. You agree that installation or use of the Software signifies that you have read, understood, and agree to be bound by the EULA.
INSTALLATION AND USE RIGHTS; EXPIRATION. You may install and use one copy of the application on a reasonable number of Windows devices that you own. You may only use the application for private, non-commercial or research purposes. Examples of non-commercial uses are teaching, academic research, public demonstrations and personal experimentation.
PUBLICATION. You may publish (or present papers or articles) on your results from using the application, provided that no software source code or object code or documentation is included in any such publication or presentation.
THIRD PARTY PROGRAMS. The application may include third party programs that Microsoft, not the third party, licenses to you under this EULA. Notices, if any, for the third party program are included for your information only.
INTERNET-BASED SERVICES.
a. Consent for Internet-Based or Wireless Services. The application connects to computer systems over the Internet, which may include via a wireless network. Using the application operates as your consent to the transmission of standard device information (including but not limited to technical information about your device, system and application software, and peripherals) for internet-based or wireless services.
b. Misuse of Internet-based Services. You may not use any Internet-based service in any way that could harm it or impair anyone else’s use of it or the wireless network. You may not use the service to try to gain unauthorized access to any service, data, account or network by any means.
SCOPE OF LICENSE. The application is licensed, not sold. This EULA only gives you some rights to use the application. Application developer reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the application only as expressly permitted in this EULA. You may not:
a. work around any technical limitations in the application;
b. reverse engineer, decompile or disassemble the application, except and only to the extent that applicable law expressly permits, despite this limitation;
c. make more copies of the application than specified in this EULA or allowed by applicable law, despite this limitation;
d. publish or otherwise make the application available for others to copy; or
e. rent, lease or lend the application.Reserve the Right to Modify. Microsoft may change the Service or delete features of the Service at any time and for any reason. Microsoft may cancel or suspend your use of the Service at any time without notice and for any reason. Upon Service cancellation, you’re right to use the Service stops immediately.
DOCUMENTATION. If documentation is provided with the Application, you may copy and use the documentation for personal reference purposes.
TECHNOLOGY AND EXPORT RESTRICTIONS. The Application may be subject to United States or international technology control or export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the technology used or supported by the application. These laws include restrictions on destinations, end users and end use. For information on Microsoft branded products, see www.microsoft.com/exporting.
SUPPORT SERVICES. Microsoft and your hardware manufacturer are not responsible for providing support services for the application. Because this software is “as is,” we may not provide support services for it.
FEEDBACK. If you give feedback about the application 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 an application that includes the feedback. You will not give feedback that is subject to a license that requires Microsoft to license its application or documentation to third parties because we include your feedback in them. These rights survive this EULA.
ENTIRE AGREEMENT. This EULA, any applicable privacy policy, and the terms for supplements and updates are the entire agreement between you and Microsoft.
APPLICABLE LAW.
a. United States. If you acquired the application in the United States, Washington state law governs the interpretation of this EULA 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 application in any other country, the laws of that country apply.LEGAL EFFECT. This EULA describes certain legal rights. You may have other rights under the laws of your state or country. This EULA does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so.
DISCLAIMER OF WARRANTY. TO THE FULLEST EXTENT PERMITTED BY LAW, (A) THE APPLICATION IS LICENSED "AS-IS," "WITH ALL FAULTS," AND "AS AVAILABLE" AND YOU BEAR ALL RISK OF USING IT; (B) MICROSOFT, ON BEHALF OF ITSELF, MICROSOFT (IF MICROSOFT IS NOT MICROSOFT), AND EACH OF OUR RESPECTIVE AFFILIATES, VENDORS, AGENTS AND SUPPLIERS, GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS IN RELATION TO THE APPLICATION; (C) YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS EULA CANNOT CHANGE. APPLICATION DEVELOPER AND MICROSOFT EXCLUDE ANY IMPLIED WARRANTIES OR CONDITIONS, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, YOU CAN RECOVER FROM MICROSOFT ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE APPLICATION OR $1.00, WHICHEVER IS GREATER. YOU WILL NOT, AND WAIVE ANY RIGHT TO, SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM MICROSOFT.
This limitation applies to:
- anything related to the application or services made available through the application; 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:
- repair, replacement or a refund for the application does not fully compensate you for any losses; or
- application developer knew or should have known about the possibility of the damages.