Floss License - Microsoft

MICROSOFT SOFTWARE LICENSE TERMS

MICROSOFT VISUAL STUDIO COMMUNITY 2022

These license terms are an agreement between you and Microsoft Corporation (or based on where you live, one of its affiliates). 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. Individual License. If you are an individual working on your own applications, either to sell or for any other purpose, you may use the software to develop and test those applications.

b. Organizational License. If you are an organization, your users may use the software as follows:

i. Any number of your users may use the software to develop and test applications released under Open Source Initiative (OSI) approved open source software licenses.

ii. Any number of your users may use the software to develop and test extensions to Visual Studio.

iii. Any number of your users may use the software to develop and test device drivers for the Windows operating system.

iv. Any number of your users may use the software only for Microsoft SQL Server development when using the SQL Server Data Tools or the extensions “Microsoft Analysis Services Projects”, “Microsoft Reporting Services Projects”, or “SQL Server Integration Services Projects” to develop Microsoft SQL Server database projects or Analysis Services, Reporting Services, Power BI Report Server, or Integration Services projects.

v. Any number of your users may use the software to develop and test your applications as part of online or in person classroom training and education, or for performing academic research.

vi. If none of the above apply, and you are also not an enterprise (defined below), then up to 5 of your individual users can use the software concurrently to develop and test your applications.

vii. If you are an enterprise, your employees and contractors may not use the software to develop or test your applications, except for: (i) open source; (ii) Visual Studio extensions; (iii) device drivers for the Windows operating system; (iv) SQL Server development; and, (v) education purposes as permitted above.

An “enterprise” is any organization and its affiliates who collectively have either (a) more than 250 PCs or users or (b) one million U.S. dollars (or the equivalent in other currencies) in annual revenues, and “affiliates” means those entities that control (via majority ownership), are controlled by, or are under common control with an organization.

c. Workloads. These license terms apply to your use of the workloads made available to you within the software, except to the extent a workload, or a workload component comes with different license terms and support policies.

d. Backup Copy. You may make one backup copy of the software, for reinstalling the software.

e. Online Services in the Software. Some features of the software make use of online services to provide you information about updates to the software or extensions, or to enable you to retrieve

content, collaborate with others, or otherwise supplement your development experience. As used throughout this agreement, the term “software” includes these online service features, and by using them, you consent to the transmission of information as described in Section 6, DATA.

f. Demo Use. The uses permitted above include use of the software in demonstrating your applications.

g. Previews. You may use any number of copies of software, components, or features (“preview channel software”) Microsoft may make available to you through the Preview Channel only for internal evaluation purposes. Microsoft may also make available to you preview features or components (“preview features”) through the Current Channel. Preview features may be used consistent with your use rights to Visual Studio Community. Preview Channel software and preview features (collectively, “previews”), the Preview Channel, and Current Channel are further described at https://aka.ms/vs/17/channels-overview. Previews are experimental and may be substantially different from the commercially released version. They may not operate correctly or work the way a final version will. Microsoft may change previews for the final, commercial version, if any. Microsoft is not obligated to provide maintenance, technical support or updates to you for previews.

2. VISUAL STUDIO INTELLICODE SERVICE.

a. AI-assisted IntelliSense Service. This service provides a base model trained on publicly available open source code that enables you to receive AI-assisted IntelliSense suggestions. The base model will enable you to receive AI-assisted IntelliSense suggestions for common types and components. You may use the base model, in whole or in part, only with the software. The service also provides the facility to train any number of team completion models on your own applications. These team completion models are for your use and use by those with whom you wish to share. (See 2.c. below for the definition of a team completion model.)

b. Your Data. AI-assisted IntelliSense analyzes your application locally to generate a summary file with metadata on the types and their usage across your application which illustrate your patterns of usage. The summary file contains information about the names of classes, methods, and how often they are used in your application (“Your Data”). You retain ownership of all aspects of Your Data, including, but not limited to, all right, title and interest in and to the underlying application code.

c. Team Completion Model.

i. You may submit Your Data to Microsoft through the AI-assisted IntelliSense service for the sole purpose of enabling Microsoft to create a team completion model. The team completion model is an AI-assisted IntelliSense set of recommendations based on Your Data. By submitting Your Data to Microsoft, you give Microsoft the right and license to copy, modify, create derivative works of, and transform Your Data to create a team completion model. Microsoft will not use Your Data or the resulting trained machine learning of the team completion model for any other purpose.

ii. You may use the team completion model, in whole or in part, only with the software.

3. TERMS FOR SPECIFIC COMPONENTS. a. Utilities. The software contains items on the Utilities List at https://aka.ms/vs/17/utilities. You may copy and install those items onto your devices to debug and deploy your applications and databases you developed with the software. The Utilities are designed for temporary use. Microsoft may not be able to patch or update Utilities separately from the rest of the software. Some Utilities by their nature may make it possible for others to access the devices on which the Utilities are installed. You should delete all Utilities you have installed after you finish debugging or deploying your applications and databases. Microsoft is not responsible for any third party use or access of devices, or of the applications or databases on devices, on which Utilities have been installed.

b. Build Devices and Visual Studio Build Tools. You may copy and install files from the software or from Visual Studio Build Tools onto your build devices, including physical devices and virtual machines or containers on those machines, whether on-premises or remote machines that are owned by you, hosted on Microsoft Azure for you, or dedicated solely to your use (collectively, “Build Devices”). You and others in your organization may us these files on your Build Devices solely to compile, build, and verify applications developed by using the software, or run quality or performance tests of those applications as part of the build process.

c. Code Inspection. This software includes functionality that enables you to inspect binary code and reproduce source code from original binary code. Use of these features of the software is entirely optional. By using this functionality, you acknowledge that the binary code and source code may be protected by copyright and trademark laws. You also agree not to violate any applicable copyright and trademark laws or license agreements and represent that you will have obtained permission or otherwise be permitted to inspect binary code and reproduce source code if you use this functionality. Microsoft is not responsible for any uses by you in violation of applicable laws or license agreements.

d. Fonts. While the software is running, you may use its fonts to display and print content. You may only (i) embed fonts in content as permitted by the embedding restrictions in the fonts; and (ii) temporarily download them to a printer or other output device to print content.

e. Licenses for Other Components.

i. Microsoft Platforms. The software may include components from Microsoft Windows; Microsoft Windows Server; Microsoft SQL Server; Microsoft Exchange; Microsoft Office; and Microsoft SharePoint, or other Microsoft software. These components are governed by separate agreements and their own product support policies, as described in the Microsoft “Licenses” folder accompanying the software, except that, if license terms for those components are also included in the associated installation directory, those license terms control.

ii. 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 notices file(s) accompanying the software.

f. Package Managers. The software includes package managers, like NuGet, that give you the option to download other Microsoft and third party software packages to use with your applications. Those packages are under their own licenses, and not these license terms. Microsoft does not distribute, license or provide any warranties for any of the third party packages.

4. DISTRIBUTABLE CODE. The software contains code that you may distribute in applications you develop as described in this Section. For purposes of this Section 4, the term “distribution” also means deployment of your applications for third parties to access over the Internet.

a. Right to Use and Distribute. The code and text files listed below are “Distributable Code”.

i. Distributable List. You may copy and distribute the object code form of code listed on the Distributable List located at https://aka.ms/vs/17/redistribution.

ii. Sample Code, Templates and Styles. You may copy, modify and distribute the source and object code form of code marked as “sample”, “template”, “simple styles” and “sketch styles”.

iii. Third Party Distribution. You may permit distributors of your applications to copy and distribute the Distributable Code as part of those applications.

b. Distribution Requirements. For any Distributable Code you distribute, you must:

· add significant primary functionality to it in your applications; and

· require distributors and external end users to agree to terms that protect the Distributable Code at least as much as this agreement.

c. Distribution Restrictions. You may not:

· distribute components or runtimes that are marked “Preview”, “Pre-release” or “Beta”;

· use Microsoft’s trademarks in your applications’ names or in a way that suggests your applications come from or are endorsed by Microsoft; or

· modify or distribute the source code of any Distributable Code 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 of code, that (i) it be disclosed or distributed in source code form; or (ii) others have the right to modify it.

5. DEVELOPING EXTENSIONS.

a. Limits on Extensions. You may not develop or enable others to develop extensions for the software (or any other component of the Visual Studio family of products) which circumvent the technical limitations implemented in the software. If Microsoft technically limits or disables extensibility for the software, you may not extend the software by, among other things, loading or injecting into the software any non-Microsoft add-ins, macros, or packages; modifying the software registry settings; or adding features or functionality equivalent to that found in the Visual Studio family of products.

b. No Degrading the Software. If you develop an extension for the software (or any other component of the Visual Studio family of products), you must test the installation, uninstallation, and operation of your extension to ensure that such processes do not disable any features or adversely affect the functionality of the software (or such component) or of any previous version or edition thereof.

6. DATA.

a. Data Collection. 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 software 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 together with a copy of Microsoft’s privacy statement. Our privacy statement is located at https://aka.ms/privacy. You can learn more about data collection and its use from the software documentation and our privacy statement. Your use of the software operates as your consent to these practices.

b. Processing of Personal Data. To the extent Microsoft is a processor or subprocessor of personal data in connection with the software, Microsoft makes the commitments in the European Union General Data Protection Regulation Terms of the Microsoft Products and Services Data Protection Addendum to all customers effective May 25, 2018, at https://docs.microsoft.com/legal/gdpr.

7. SCOPE OF LICENSE. The software is licensed, not sold. These license terms only give 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 these license terms. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. In addition, 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 only to the extent required by third party licensing terms governing use of certain open source components that may be included with 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;

· share, publish, rent or lease the software; or

· provide the software as a stand-alone offering or combine it with any of your applications for others to use, or transfer the software or this agreement to any third party. 8. SUPPORT. Because the 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, are the entire agreement for the software and support services.

10. 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.

11. 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.

12. CONSUMER RIGHTS; REGIONAL VARIATIONS. These license terms describe certain legal rights. You may have other rights, including consumer rights, under the laws of your state or country. 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 these license terms is intended to affect those rights.

b. Canada. You may stop receiving updates on your device by turning off Internet access. If and when you re-connect to the Internet, the software will resume checking for and installing updates.

c. Germany and Austria.

(i) Warranty. The properly licensed software will perform substantially as described in any Microsoft materials that accompany it. However, Microsoft gives no contractual guarantee in relation to the 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 preceding sentence (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.

13. 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.

14. LIMITATION ON 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 state or country may not allow the exclusion or limitation of incidental, consequential or other damages.

EULAID: VS_Comm_2022_ENU.1033