MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT PROJECT DIRECTSTORAGE
These license terms are an agreement between you and Microsoft Corporation (or one of its affiliates). They
apply to the software named above and any Microsoft services or software updates (except to the extent such
services or updates are accompanied by new or additional terms, in which case those different terms apply
prospectively and do not alter your or Microsoft's rights relating to pre-updated software or services). IF YOU
COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW. BY USING THE SOFTWARE, YOU
ACCEPT THESE TERMS.
1. INSTALLATION AND USE RIGHTS.
a) General. Subject to the terms of this agreement, you may install and use any number of copies of the
software on your devices, and solely for use on Windows. You may not use the software in a live
operating environment unless Microsoft permits you to do so under another agreement.
b) Included Microsoft Applications. The software may include other Microsoft applications. These
license terms apply to those included applications, if any, unless other license terms are provided with
the other Microsoft applications.
c) Microsoft Platforms. The software may include components from Microsoft Windows. These
components are governed by separate agreements and their own product support policies, as
described in the license terms found in the installation directory for that component or in the
"Licenses" folder accompanying the software.
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.
2. TIME-SENSITIVE SOFTWARE.
a) Period. This agreement is effective on your acceptance and terminates on the earlier of (i) 30 days
following first availability of a commercial release of the software or (ii) upon termination by Microsoft.
Microsoft may extend this agreement in its discretion.
b) Access to data. You may not be able to access data used in the software when it stops running.
3. 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
product documentation. There are also some features in the software that may enable you to collect
data from users of your applications. If you use these features to enable data collection in your
applications, you must comply with applicable law, including providing appropriate notices to users of
your applications. You can learn more about data collection and use in the help documentation and
the privacy statement at https://aka.ms/privacy. 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 Online Services Terms to all customers effective May
25, 2018, at https://docs.microsoft.com/en-us/legal/gdpr.
4. SCOPE OF LICENSE. The software is licensed, not sold. Microsoft reserves all other rights. Unless
applicable law gives you more rights despite this limitation, you will not (and have no right to):
a) work around any technical limitations in the software that only allow you to use it in certain ways;
b) 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;
c) remove, minimize, block, or modify any notices of Microsoft or its suppliers in the software;
d) disclose the results of any benchmark tests of the software to any third party without Microsoft's prior
written approval;
e) use the software in any way that is against the law or to create or propagate malware; or
f) share, publish, distribute, or lease the software, provide the software as a stand-alone offering for
others to use, or transfer the software or this agreement to any third party.
5. PRE-RELEASE SOFTWARE. The software is a pre-release version. It may not operate correctly. It may
be different from the commercially released version.
6. FEEDBACK. If you give feedback about the software 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 will not give
feedback that is subject to a license that requires Microsoft to license its software or documentation to
third parties because Microsoft includes your feedback in them. These rights survive this agreement.
7. 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 https://aka.ms/exporting.
8. SUPPORT SERVICES. Microsoft is not obligated under this agreement to provide any support services for
the software. Any support provided is "as is", "with all faults", and without warranty of any kind.
9. UPDATES. The software may periodically check for updates, and download and install them for you. You
may obtain updates only from Microsoft or authorized sources. Microsoft may need to update your system
to provide you with updates. You agree to receive these automatic updates without any additional notice.
Updates may not include or support all existing software features, services, or peripheral devices.
10. ENTIRE AGREEMENT. This agreement, and any other terms Microsoft may provide for supplements,
updates, or third-party applications, is the entire agreement for the software.
11. APPLICABLE LAW AND PLACE TO RESOLVE DISPUTES. If you acquired the software in the United
States or Canada, the laws of the state or province where you live (or, if a business, where your principal
place of business is located) govern the interpretation of this agreement, claims for its breach, and all
other claims (including consumer protection, unfair competition, and tort claims), regardless of conflict of
laws principles. If you acquired the software in any other country, its laws apply. If U.S. federal jurisdiction
exists, you and Microsoft consent to exclusive jurisdiction and venue in the federal court in King County,
Washington for all disputes heard in court. If not, you and Microsoft consent to exclusive jurisdiction and
venue in the Superior Court of King County, Washington for all disputes heard in court.
12. CONSUMER RIGHTS; REGIONAL VARIATIONS. This agreement describes certain legal rights. You
may have other rights, including consumer rights, under the laws of your state, province, 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, province, 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.
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 APPLICABLE LAWS, MICROSOFT EXCLUDES ALL IMPLIED
WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT.
14. LIMITATION ON AND EXCLUSION OF DAMAGES. IF YOU HAVE ANY BASIS FOR RECOVERING
DAMAGES DESPITE THE PRECEDING DISCLAIMER OF WARRANTY, 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, warranty, guarantee, or condition; strict liability, negligence, or other tort; or any
other claim; in each case 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,
province, or country may not allow the exclusion or limitation of incidental, consequential, or
other damages.
15. CONFIDENTIAL INFORMATION. The software, including its user interface, features and
documentation, is confidential and proprietary to Microsoft and its suppliers.
a) Use. For five years after installation of the software or its commercial release, whichever is first, you
may not disclose confidential information to third parties. You may disclose confidential information
only to your employees and consultants who need to know the information. You must have written
agreements with them that protect the confidential information at least as much as this agreement.
b) Survival. Your duty to protect confidential information survives this agreement.
c) Exclusions. You may disclose confidential information in response to a judicial or governmental
order. You must first give written notice to Microsoft to allow it to seek a protective order or otherwise
protect the information. Confidential information does not include information that:
i. becomes publicly known through no wrongful act;
ii. you received from a third party who did not breach confidentiality obligations to Microsoft or its
suppliers; or
iii. you developed independently.