These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. They apply to the software named above. The terms also apply to any Microsoft services or updates for the software, except to the extent those have different terms.
IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW.
1. INSTALLATION AND USE RIGHTS.
a. Installation and Use. You and your organization may use copies of the Visual Studio Isolated or Integrated Shells (the “software” or “the Shell”) with Visual Studio 2008, Visual Studio 2010, Visual Studio 2012, Visual Studio 2013, or Visual Studio 2015 to develop and test your applications.
b. Demo Use. The uses permitted above include use of the software in demonstrating your applications.
c. Sample Code and Templates. You and your organization may use and modify the sample code and templates in the software to customize your applications.
d. Third Party Components. The software may include third party components with separate legal notices or governed by other agreements, as may be described in the ThirdPartyNotices file(s) accompanying the software. Even if such components are governed by other agreements, the disclaimers and the limitations on and exclusions of damages below also apply.
2. DISTRIBUTABLE CODE. The software contains code that you are permitted to distribute in applications you develop if you comply with the terms below. (For this Section the term “distribution” also means deployment of your applications for third parties to access over the Internet.)
a. Distribution Rights.
b. Distribution Requirements. To distribute the Shell you must:
- add significant primary functionality to it in your applications;
- require distributors and external end users to agree to terms that
protect the software at least as much as this agreement does;
- indemnify, defend, and hold harmless Microsoft from any claims,
including attorneys’ fees, related to the distribution or use of your
applications, except to the extent that any claim is based solely on
the distributable code described in Section 2 above.
c. Distribution Restrictions. You may not:
- use Microsoft’s trademarks in your applications’ names in a way that suggests your applications come from or are endorsed by Microsoft;
- distribute any extraction script that Microsoft may provide; or,
- modify or distribute the software so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that (i) the software be disclosed or distributed in source code form; or (ii) others have the right to modify it.
d. Developing for the Shell. In addition to the requirements and restrictions for the software
described above, the following applies to your applications that work with the software:
- Limits on Extensions and Functionality. You will not develop, or
enable others to develop, functionality for or any extension to the
software that circumvents the technical limitations implemented in the software; or is substantially
similar to or otherwise competes with any Microsoft products.
- No Degrading Visual Studio. You will design and test the
installation, uninstallation, and operation of your applications to
ensure that such processes do not disable any features or adversely
affect the functionality of any edition of the Visual Studio family
a. Collection and Use. 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 our products and services. You may opt out of many of these scenarios, but not all, as described in the product documentation. There are also some features in the software that may enable you and Microsoft to collect data
from users of your applications. If you use these features, you must comply with applicable law, including providing appropriate notices to users of your applications and you should provide a copy of our privacy statement to your users. Our privacy statement is located here.
You can learn more about data collection and use in the help documentation and our privacy statement. Your use of the software operates as your consent to these practices.
b. Automatic Download Feature. The software includes a feature that will detect whether your customer’s machine contains Microsoft components that are needed for the software to run, such as the .NET Framework. The software will automatically download and install such components over the Internet if they are not present on your customer’s machine. The software does not notify the user that such components are being installed. You will comply with all applicable laws and notice obligations necessary to inform your customer of this automatic download feature.
4. 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, or otherwise attempt to derive the source code for the software except and to the extent required by third party licensing terms governing use of certain open source components that may be included in the software;
- remove, minimize, block or modify any notices of Microsoft or its suppliers in the software;
- use the software in any way that is against the law; or
- share, publish, rent or lease the software, or provide the software as a stand-alone hosted solution for others to use, or transfer the
software or this agreement to any third party.
5. EXPORT RESTRICTIONS. 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 www.microsoft.com/exporting.
6. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.
7. 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.
8. APPLICABLE LAW. If you acquired the software in the United States, Washington State law applies to interpretation of and claims for breach of this agreement, and the laws of the state where you live apply to all other claims. If you acquired the software in any other country, its laws apply.
9. CONSUMER RIGHTS; REGIONAL VARIATIONS. This agreement describes certain legal rights. You may have other rights, including consumer rights, under the laws of your state 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 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:
a. Australia. You have statutory guarantees under the Australian Consumer Law and nothing in this agreement is intended to affect those rights.
b. Canada. 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.
c. Germany and Austria.
(i) Warranty. 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.
(ii) Limitation of Liability. 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.
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.
10. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11. LIMITATION ON AND EXCLUSION OF 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 (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, 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.