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WITCHER 2 END-USER LICENSE AGREEMENT

IMPORTANT -- READ CAREFULLY BEFORE USING THIS SOFTWARE:


This End User License Agreement for certain products and services ("EULA" or
"License") is a legal agreement between you (either an individual or an entity) and
CD PROJEKT RED Sp. z o.o. (CDProjekt). This License applies to your use of the
game entitled Witcher 2, all software contained within or transferred with
Witcher 2, all updates and/or patches thereto, all on-line components, all
restricted-access community websites, all other CDProjekt game-related services
(including all CD and/or DVD-authentication components), all Alpha, Beta, trial,
pre-release, free, pay and premium versions of the above, and any accompanying
documentation to any of the above (collectively the "Software") which you obtained
from www.gog.com.

CDPROJEKT IS WILLING TO LICENSE THE SOFTWARE TO YOU ONLY ON THE CONDITIONS NOTED IN
THIS LICENSE, WHICH ARE NECESSARY PRECONDITIONS TO THE GRANT OF THIS LICENSE.

PLEASE READ THE TERMS CAREFULLY BEFORE SELECTING "YES" TO ACCEPT THE TERMS OF THIS
LICENSE. By selecting "Yes" to accept this License, and/or by loading or running
the Software, or placing or copying the Software onto your computer hard drive,
computer RAM or other storage, you acknowledge that you have read this License,
understand it and agree to be bound by all of its terms and conditions.

By selecting "No" or by otherwise failing to select "Yes" to accept this License,


you decline our offer and the terms of this License. If you do not accept the
terms of this License, you must immediately (1) not install (or uninstall) or use
the Software and any other materials associated with the Software, (2) completely
delete all copies of the Software and all related files from your computer and (3)
promptly return the Software in its protective covering, all other enclosed
materials and the original sales invoice to the place of purchase for a refund or
exchange, subject to the return policy of the retailer. If you so decline, any
refund by the retailer of the price you paid to use the Software will be your sole
and exclusive remedy and our sole and exclusive liability in connection with the
Software.

1. Grant of License. By purchasing this License and installing a copy of the


Software, you agree to accept from CDProjekt, and CDProjekt grants to you, a
personal, limited, non-exclusive license to install and use the Software for your
non-commercial use solely as set forth in this License and the accompanying
documentation. Your acquired rights are subject to your compliance with this
License, and your rights to acquire any updates, patches, or add-on content from
CDProjekt are subject to your acceptance of this License and your registration of
the Software (including providing a valid e-mail address and activation code as
required) at www.witcher.com. Any commercial use of the Software is prohibited.
You are expressly prohibited from sub-licensing, renting, leasing, or otherwise
distributing the Software or rights to use the Software, except by transfer as
expressly set forth in paragraph 2 below. The term of your License shall commence
on the date that you install or otherwise use the Software, and shall end on the
earlier of the date that you dispose of or transfer the Software, or this License
is terminated. A separate Terms of Service agreement may be used to govern your use
of online services in connection with the Software. To the extent that any
additional terms are incorporated in to this License, you will be notified and your
acceptance of these additional terms will be necessary. Failure to agree to any
additional terms may restrict your ability to use and enjoy the Software.
CDProjekt reserves all rights not expressly granted to you by this License.

2. Transfer of the License. You may make a one-time permanent transfer of all your
rights to install and use the Software to another individual or legal entity
provided that: a) you also transfer this License and all copies of the Software; b)
you retain no copies of the Software, upgrades, updates or prior versions; c) the
receiving party accepts the terms and conditions of this License; and d) you remove
your account, if previously created, at www.thewitcher.com and revoke code used to
start that account. Such transfer may not include access to any online feature,
service or functionality, or right thereto, unlocked or downloadable content,
dynamically served content and other online features and/or services that require
with the enclosed access code, that are limited to one user account and/or that are
otherwise non-transferable. CDProjekt may require that any end user of the Software
register the Software online as a condition of use and/or purchase additional
Licenses.

3. Preconditions of the License. The grant of license as set forth in Section 1


above is specifically conditioned upon the following:
a. You have accepted all of the terms in this License and indicated your
acceptance by selecting "YES";
b. You will comply with all of the terms in this License until such time as you
have either deleted all Software from your machine, or you have transferred the
Software as provided for in Section 2;
c. You will use the Software only on a computer, running validly licensed copies
of operating systems which the Software was designed to comply with; and
d. You will refrain from using any hacks, cracks, bots, or third party software
which may modify, temporarily or permanently, the code or the user experience of
the Software, whether on your local machine or on servers which enable use of any
features of the Software, except as provided for in Section 5 below. For the sake
of clarity, the use of any Software distributed by CDProjekt that is meant to
modify the Game in any way, including without limitation creating Variations (as
defined below), will not be a violation of this condition.

4. License Restrictions. CDProjekt and/or its licensors own the title, copyright,
and other intellectual property rights in the Software. The Software contains
copyrighted material, trade secrets and other proprietary material. You may not
delete the copyright notices or any other proprietary legends on the original copy
of the Software. You may not decompile, modify, reverse engineer, disassemble or
otherwise reproduce the Software. You may not copy, rent, lend, lease, sublicense,
distribute, publicly display, create derivative works based upon the Software
(except as set forth in this License) or otherwise commercially exploit the
Software (including, without limitation, hosting pay-per-play servers). You may
not electronically transmit the Software from one computer, console or other
platform to another or over a network. You will use the Software only in
compliance with applicable law.

5. End-User Variations. So long as you fully comply, at all times, with this
License, CDProjekt grant to you a limited, personal, revocable, non-exclusive right
to: (a) use the Softwares toolset features to create your own Software modules
("Modules"), and (b) create your own modifications to work with the Software (e.g.,
custom data files not created using the toolset) (the "User Conversions"). Modules
and User Conversions can be used together or separately (the Variations). Your
rights to create Variations are subject to the following restrictions: (i) your
Variations must only work with the full commercial versions of Software; (ii) your
Variations must not contain modifications to any executable file; (iii) your
Variations must not contain any libelous, defamatory, scandalous, pornographic,
obscene, or otherwise illegal material; (iv) your Variations must not infringe upon
the rights of any third party, including without limitation trademark, trade dress,
trade secret, copyright, privacy, publicity, patent, or any other proprietary
rights; (v) your Variations must not contain any viruses, worms, or other malicious
code; and (vi) you may not rent, sell, lease, lend, offer on a pay-per-play or
timesharing basis or otherwise commercially exploit or commercially distribute your
Variations (including, without limitation, hosting pay-per-play servers, hosting
pay-per-download web-sites for Variations including sites that charge for bandwidth
use, and independently selling Variations online, at retail, mail order, etc.).
Without limiting the foregoing, you expressly acknowledge and agree that in no
event shall you have the right or license to make any modification (whether using
the toolkit or otherwise) to any portion of the Software for the purpose of
creating any data file, executable, or other derivative work that is intended to
operate in a stand-alone mode, with any pre-release or beta version of the
Software.

6. Distribution of Modules and User Conversions. So long as you fully comply at


all times with this License, CDProjekt grant to you the limited, personal,
revocable, non-exclusive right to distribute your Modules or User Conversions by
means of providing a copy of the actual Module or User Conversion code to other
users (e.g., via ftp, email, disc copies, etc.) (collectively "Distribute").

7. CDProjekts Use of Variations. If you Distribute, or permit others to


Distribute, your Variations, you hereby grant back to CDProjekt and its licensors,
licensees, successors and affiliates, a perpetual, irrevocable, royalty free,
worldwide license in all rights, titles and interests of every kind and nature, now
known or hereafter devised, in and to your Variations and the right to use and
distribute such Variations by any mean now known or hereafter devised, and to make
such modifications thereto as CDProjekt and/or its licensors, licensees, successors
and affiliates deem are necessary to package, combine, and otherwise distribute
and/or sell such Variations. CDProjekt and/or its licensors, licensees, successors
and affiliates will make a reasonable effort to provide credit to you in the event
either party uses or distributes your Variations, but you acknowledge that
identifying you and/or other Variation creators may be difficult, and any failure
by CDProjekt and/or its licensors, licensees, successors and affiliates to provide
credit to any person shall not be a breach of this License and shall not limit the
rights to use and distribute any Variation granted in this License.

8. Revocation of Variation Rights. CDProjekt may at any time and in its sole
discretion revoke your right to make your Variations publicly available.

9. Termination. Your rights to use the Software under this License: (i) may be
terminated by you at any time, by removing all copies of the Software from your
computer systems and by destroying the Software; (ii) may be terminated by
CDProjekt if it determines that you have improperly used the Software in any way,
as determined in its sole discretion; or (iii) will terminate immediately without
notice from CDProjekt if you fail to comply with any provision of this License.
The circumstances of this License termination may require CDProjekt to take any of
the following action: suspend or terminate your account(s) with CDProjekt, whether
those accounts are related to the Software or to other products offered by
CDProjekt; suspend or terminate your ability to connect to any/all online resources
offered by CDProjekt; and demand that you destroy your copy of the Software must be
destroyed).

10. Disclaimer of Other Content. As a service to you, CDProjekt may include with
the Software third party drivers and other software utilities intended to assist
you with installing and operating the Software (collectively, the "Drivers").
CDProjekt specifically disclaims any warranties relating to the Drivers, and you
agree that your use of the Drivers is at your own risk. The Drivers are not part
of the Software and shall not be governed by the terms and conditions of this
License except for and to the extent of this disclaimer.

11. General Disclaimer. EXCEPT AS EXPRESSLY SET FORTH ABOVE, CDPROJEKT EXPRESSLY
DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. CDPROJEKT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE
SOFTWARE WILL MEET YOUR REQUIREMENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE
GIVEN BY CDPROJEKT OR ANY CDPROJEKT-AUTHORIZED REPRESENTATIVE SHALL CREATE A
WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT
APPLY TO YOU.

12. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL


CDPROJEKT, ITS AGENTS, LICENSEES, AND LICENSORS, AND ANY EMPLOYEES, OFFICERS, OR
DIRECTORS OF THESE PARTIES (COLLECTIVELY, THE RELEASED PARTIES), BE LIABLE FOR
ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES IN CONNECTION WITH THE
SOFTWARE, INCLUDING THOSE THAT RESULT FROM THE USE OF OR INABILITY TO USE THE
SOFTWARE, EVEN IF ANY RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE
DAMAGES. IN NO EVENT SHALL THE RELEASED PARTIES TOTAL LIABILITY TO YOU FOR ALL
DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE)
EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

13. Indemnity; Injunctive Relief. You agree to indemnify, defend and hold
harmless the Released Parties, and any successors and assigns thereof from and
against all losses, lawsuits, damages, causes of action and claims relating to
and/or arising from your breach of this License, violation of any condition
thereto, distribution or any use of any Variations, and/or any other use of the
Software. You agree that your unauthorized use of the Software and/or Variations,
or any part thereof, may immediately and irreparably damage CDProjekt such that it
could not be adequately compensated solely by a monetary award. As such, at
CDProjekts option, CDProjekt shall be entitled to an injunctive order, in addition
to all other available remedies including a monetary award, appropriately
restraining and/or prohibiting such unauthorized use without the necessity of
CDProjekt posting bond or other security. Your obligations set forth in this
Section shall survive the cancellation or termination of this License.

14. Choice of Law and Venue. THIS LICENSE SHALL BE GOVERNED BY AND CONSTRUED IN
ACCORDANCE WITH CONTROLLING POLISH LAW EXCLUSIVE OF ITS CHOICE OF LAW AND/OR
CONFLICTS OF LAW JURISPRUDENCE. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, THE
EXCLUSIVE VENUE FOR ALL LITIGATION REGARDING OR ARISING OUT OF THIS LICENSE SHALL
BE IN WARSAW, POLAND, AND YOU AGREE TO SUBMIT TO THE JURISDICTION OF THE COURTS IN
WARSAW, POLAND FOR ANY SUCH LITIGATION. For any claim (excluding claims for
injunctive or other equitable relief) where the total amount of the award sought is
less than $10,000, the party requesting relief may elect to resolve the dispute in
a cost effective manner through binding non-appearance-based arbitration. In the
event a party elects arbitration, they shall initiate such arbitration through an
established alternative dispute resolution ("ADR") provider mutually agreed upon by
the parties. The ADR provider and the parties must comply with the following rules:
(a) the arbitration shall be conducted by telephone, online and/or be solely based
on written submissions, the specific manner shall be chosen by the party initiating
the arbitration; (b) the arbitration shall not involve any personal appearance by
the parties or witnesses unless otherwise mutually agreed by the parties; and (c)
any judgment on the award rendered by the arbitrator may be entered in any court of
competent jurisdiction. All claims you bring against CDProjekt must be resolved in
accordance with this Section. All claims filed or brought contrary to this Section
shall be considered improperly filed. Should you improperly file a claim, CDProjekt
may recover attorneys' fees and costs up to $1000, provided that CDProjekt has
notified you in writing of the improperly filed claim, and you have failed to
promptly withdraw the claim.

15. Miscellaneous. Nothing herein shall be deemed to supersede or derogate from


CDProjekts remedies at law for any violation of this License or applicable law.
If any provision of this License is unenforceable, the rest of it shall remain in
effect. This License constitutes the entire agreement between you and CDProjekt
with respect to the use of the Software and the support services (if any) and
supersedes all prior or contemporaneous oral or written communications and
representations with respect to the Software or any other subject matter covered by
this License.

========================================
== GOG.com End-User License Agreement ==
========================================

READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE INSTALLING THE PROGRAM.
This end user license agreement (this Agreement) is a legal agreement between you
(an individual or a single entity You) and GOG.com or GOG Limited (Company) for
the accompanying software product which includes computer software and any
associated media, printed materials, and/or online or electronic documentation
(collectively, the Program). By installing, copying, or otherwise using the
Program, you acknowledge that you have read this Agreement and agree to be bound by
the terms. If you do not accept or agree to the terms of this Agreement, do not
install or use the Program.

1.License. Company grants you a non-exclusive, non-transferable license to use the


Program, but retains all property rights in the Program and all copies thereof.
This Program is licensed, not sold, for your personal, non-commercial use. Your
license confers no title or ownership in this Program and should not be construed
as any sale of any rights in this Program. You may not transfer, distribute, rent,
sub-license, or lease the Program or documentation, except as provided herein;
alter, modify, or adapt the Program or documentation, or portions thereof
including, but not limited to, translation, decompiling or disassembling. You
agree not to modify or attempt to reverse engineer, decompile, or disassemble the
Program, except and only to the extent that such activity is expressly permitted
under applicable law notwithstanding this limitation. All rights not expressly
granted under this Agreement are reserved by Company.

2.No Warranty. You are responsible for assessing your own computer and the results
to be obtained therefrom. You expressly agree that use of the Program is at your
sole risk. The Program is provided on an as is, as available basis, unless
such warranties are legally incapable of exclusion. Company and its licensors
disclaim all warranties and conditions, whether oral or written, express, or
implied, including without limitation any implied warranties or conditions of
merchantability, fitness for a particular purpose, non-infringement of third party
rights, and those arising from a course of dealing or usage of trade, regarding the
Program. Company and its licensors assume no responsibility for any damages
suffered by you, including, but not limited to, loss of data, items or other
materials from errors or other malfunctions caused by Company, its licensors,
licensee and/or subcontractors, or by your or any other participants own errors
and/or omissions. Company and its licensors make no warranty with respect to any
related software or hardware used or provided by Company in connection with the
Program except as expressly set forth above.

3.Limitation of Liability. You acknowledge and agree that Company and its
licensors shall not assume or have any liability for any action by Company or its
content providers, other participants, or other licensors with respect to conduct,
communication, or content of the Program. Company and its licensors shall not be
liable for any indirect, incidental, special, punitive, exemplary, or consequential
damages resulting hereunder in any manner, even if advised of the possibility of
such damages. Except as expressly provided herein, Companys and its licensors
entire liability to you and your exclusive remedy for any breach of this Agreement
is limited solely to the total amount paid by you for the Program, if any. Because
some states do not allow the exclusion or limitation of liability for certain
damages, in such states Companys and its licensors liability is limited to the
extent permitted by law.

4.Indemnity. At Companys request, you agree to defend, indemnify and hold


harmless Company, its affiliates and licensors from all damages, losses,
liabilities, claims and expenses, including attorneys fees, arising directly or
indirectly from your acts and omissions to act in using the Program pursuant to the
terms of this Agreement or any breach of this Agreement by you.

5.Termination. Without prejudice to any other rights of Company, this Agreement


and your right to use the Program may automatically terminate without notice from
Company if you fail to comply with any provision of this Agreement or any terms and
conditions associated with the Program. In such event, you must destroy all copies
of this Program and all of its component parts.

6.Injunction. Because Company would be irreparably damaged if the terms of this


Agreement were not specifically enforced, you agree that Company shall be entitled,
without bond, other security or proof of damages, to appropriate equitable remedies
with respect to breaches of this Agreement, in addition to such other remedies as
Company may otherwise have under applicable laws.

7.General Provisions. Companys failure to enforce at any time any of the


provisions of this Agreement shall in no way be construed to be a present or future
waiver of such provisions, nor in any way affect the right of any party to enforce
each and every such provision thereafter. The express waiver by Company of any
provision, condition or requirement of this Agreement shall not constitute a waiver
of any future obligation to comply with such provision, condition or requirement.
This Agreement shall be governed by the laws of the State of California and the
United States without regard to its conflicts of laws rules and you consent to the
exclusive jurisdiction of the courts in Los Angeles County, California. The United
Nations Convention on Contracts for the International Sale of Goods shall not apply
to this Agreement. This Agreement represents the complete agreement concerning
this License Agreement between you and Company.

========================================
======= Inno Setup License Terms =======
========================================

Except where otherwise noted, all of the documentation and software included
in the Inno Setup package is copyrighted by Jordan Russell.

Copyright (C) 1997-2008 Jordan Russell. All rights reserved.

This software is provided "as-is," without any express or implied warranty.


In no event shall the author be held liable for any damages arising from the
use of this software.

Permission is granted to anyone to use this software for any purpose,


including commercial applications, and to alter and redistribute it,
provided that the following conditions are met:

1. All redistributions of source code files must retain all copyright


notices that are currently in place, and this list of conditions without
modification.

2. All redistributions in binary form must retain all occurrences of the


above copyright notice and web site addresses that are currently in
place (for example, in the About boxes).
3. The origin of this software must not be misrepresented; you must not
claim that you wrote the original software. If you use this software to
distribute a product, an acknowledgment in the product documentation
would be appreciated but is not required.

4. Modified versions in source or binary form must be plainly marked as


such, and must not be misrepresented as being the original software.

Jordan Russell
jr-2008 AT jrsoftware.org
http://www.jrsoftware.org/

========================================
=== MICROSOFT SOFTWARE LICENSE TERMS ===
========================================

MICROSOFT SOFTWARE LICENSE TERMS


MICROSOFT VISUAL C++ 2010 RUNTIME LIBRARIES
These license terms are an agreement between Microsoft Corporation (or based on
where you live, one of its affiliates) and you. Please read them. They apply to the
software named above, which includes the media on which you received it, if any.
The terms also apply to any Microsoft
updates,
supplements,
Internet-based services, and
support services
for this software, unless other terms accompany those items. If so, those terms
apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT
USE THE SOFTWARE.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of
the software on your devices.
2. 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
disclose the results of any benchmark tests of the software to any third
party without Microsofts prior written approval;
work around any technical limitations in the software;
reverse engineer, decompile or disassemble the software, except and only to
the extent that applicable law expressly permits, despite this limitation;
make more copies of the software than specified in this agreement or allowed
by applicable law, despite this limitation;
publish the software for others to copy;
rent, lease or lend the software;
transfer the software or this agreement to any third party; or
use the software for commercial software hosting services.
3. BACKUP COPY. You may make one backup copy of the software. You may use it
only to reinstall the software.
4. DOCUMENTATION. Any person that has valid access to your computer or internal
network may copy and use the documentation for your internal, reference purposes.
5. Export Restrictions. The software is subject to United States export laws and
regulations. You must comply with all domestic and international export laws and
regulations that apply to the software. These laws include restrictions on
destinations, end users and end use. For additional information, see
www.microsoft.com/exporting <http://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.
a. United States. If you acquired the software in the United States, Washington
state law governs the interpretation of this agreement 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 software in any other country,
the laws of that country apply.
9. Legal Effect. This agreement describes certain legal rights. You may have
other rights under the laws of your country. You may also have rights with respect
to the party from whom you acquired the software. This agreement does not change
your rights under the laws of your country if the laws of your country do not
permit it to do so.
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. You
may have additional consumer rights under your local laws which this agreement
cannot change. 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 Remedies and 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
anything related to the software, services, content (including code) on third
party Internet sites, or third party programs; 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 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.

========================================
===== .Net Framework License terms =====
========================================

Microsoft .NET Framework Redistributable EULA


SUPPLEMENTAL END-USER LICENSE AGREEMENT FOR MICROSOFT SOFTWARE

IMPORTANT: READ CAREFULLYThese Microsoft Corporation ("Microsoft") operating


system components, including any "online" or electronic documentation ("OS
Components") are subject to the terms and conditions of the agreement under which
you have licensed the applicable Microsoft operating system product ("OS Product")
described below (each an "End User License Agreement" or "EULA") and the terms and
conditions of this Supplemental EULA. BY INSTALLING, COPYING OR OTHERWISE USING THE
OS COMPONENTS, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE APPLICABLE
OS PRODUCT EULA AND THIS SUPPLEMENTAL EULA. IF YOU DO NOT AGREE TO THESE TERMS AND
CONDITIONS, DO NOT INSTALL, COPY OR USE THE OS COMPONENTS.
NOTE: IF YOU DO NOT HAVE A VALID EULA FOR ANY "OS PRODUCT" (MICROSOFT WINDOWS 98,
WINDOWS ME, WINDOWS NT 4.0 (DESKTOP EDITION), WINDOWS 2000 OPERATING SYSTEM,
WINDOWS XP PROFESSIONAL AND/OR WINDOWS XP HOME EDITION), YOU ARE NOT AUTHORIZED TO
INSTALL, COPY OR OTHERWISE USE THE OS COMPONENTS AND YOU HAVE NO RIGHTS UNDER THIS
SUPPLEMENTAL EULA.
Capitalized terms used in this Supplemental EULA and not otherwise defined herein
shall have the meanings assigned to them in the applicable OS Product EULA.
General. The OS Components are provided to you by Microsoft to update, supplement,
or replace existing functionality of the applicable OS Product Microsoft grants you
a license to use the OS Components under the terms and conditions of the OS Product
EULA for the applicable OS Product (which are hereby incorporated by reference) and
the terms and conditions set forth in this Supplemental EULA, provided that you
comply with all such terms and conditions. To the extent that any terms in this
Supplemental EULA conflict with terms in the applicable OS Product EULA, the terms
of this Supplemental EULA control solely with respect to the OS Components.
Additional Rights and Limitations.
*If you have multiple validly licensed copies of the applicable OS Product(s), you
may reproduce, install and use one copy of the OS Components as part of such
applicable OS Product(s) on all of your computers running validly licensed copies
of the OS Product(s) provided that you use such additional copies of the OS
Components in accordance with the terms and conditions above.
*You may conduct internal benchmark testing of the .NET Framework component of the
OS Components (".NET Component"). You may disclose the results of any benchmark
test of the .NET Component, provided that you comply with the following terms: (1)
you must disclose all the information necessary for replication of the tests,
including complete and accurate details of your benchmark testing methodology, the
test scripts/cases, tuning parameters applied, hardware and software platforms
tested, the name and version number of any third party testing tool used to conduct
the testing, and complete source code for the benchmark suite/harness that is
developed by or for you and used to test both the .NET Component and the competing
implementation(s); (2) you must disclose the date(s) that you conducted the
benchmark tests, along with specific version information for all Microsoft software
products tested, including the .NET Component; (3) your benchmark testing was
performed using all performance tuning and best practice guidance set forth in the
product documentation and/or on Microsoft's support web sites, and uses the latest
updates, patches and fixes available for the .NET Component and the relevant
Microsoft operating system; (4) it shall be sufficient if you make the disclosures
provided for above at a publicly available location such as a website, so long as
every public disclosure of the results of your benchmark test expressly identifies
the public site containing all required disclosures; and (5) nothing in this
provision shall be deemed to waive any other right that you may have to conduct
benchmark testing. The foregoing obligations shall not apply to your disclosure of
the results of any customized benchmark test of the .NET Component, whereby such
disclosure is made under confidentiality in conjunction with a bid request by a
prospective customer, such customer's application(s) are specifically tested and
the results are only disclosed to such specific customer.
Notwithstanding any other agreement you may have with Microsoft, if you disclose
such benchmark test results, Microsoft shall have the right to disclose the results
of benchmark tests it conducts of your products that compete with the .NET
Component, provided it complies with the same conditions above.
rights not expressly granted are reserved by Microsoft.
IF THE APPLICABLE OS PRODUCT WAS LICENSED TO YOU BY MICROSOFT OR ANY OF ITS WHOLLY
OWNED SUBSIDIARIES, THE LIMITED WARRANTY (IF ANY) INCLUDED IN THE APPLICABLE OS
PRODUCT EULA APPLIES TO THE OS COMPONENTS PROVIDED THE OS COMPONENTS HAVE BEEN
LICENSED BY YOU WITHIN THE TERM OF THE LIMITED WARRANTY IN THE APPLICABLE OS
PRODUCT EULA. HOWEVER, THIS SUPPLEMENTAL EULA DOES NOT EXTEND THE TIME PERIOD FOR
WHICH THE LIMITED WARRANTY IS PROVIDED.
IF THE APPLICABLE OS PRODUCT WAS LICENSED TO YOU BY AN ENTITY OTHER THAN MICROSOFT
OR ANY OF ITS WHOLLY OWNED SUBSIDIARIES, MICROSOFT DISCLAIMS ALL WARRANTIES WITH
RESPECT TO THE OS COMPONENTS AS FOLLOWS:
DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
MICROSOFT AND ITS SUPPLIERS PROVIDE TO YOU THE OS COMPONENTS, AND ANY (IF ANY)
SUPPORT SERVICES RELATED TO THE OS COMPONENTS ("SUPPORT SERVICES") AS IS AND WITH
ALL FAULTS; and Microsoft and its suppliers hereby disclaim with respect to THE os
COMPONENTS AND SUPPORT SERVICES all warranties and conditions, whether express,
implied or statutory, including, but not limited to, any (if any) warranties or
conditions of OR RELATED TO: TITLE, NON-INFRINGEMENT, merchantability, fitness for
a particular purpose, lack of viruses, accuracy or completeness of responses,
results, lack of negligence or lack of workmanlike effort, QUIET ENJOYMENT, QUIET
POSSESSION, AND CORRESPONDENCE TO DESCRIPTION. The entire risk arising out of use
or performance of the OS Components AND ANY SUPPORT SERVICES remains with you.
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. To the maximum
extent permitted by applicable law, in no event shall Microsoft or its suppliers be
liable for any special, incidental, indirect, or consequential damages whatsoever
(including, but not limited to, damages for:
loss of profits, LOSS OF confidential or other information, business interruption,
personal injury, loss of privacy, failure to meet any duty (including of good faith
or of reasonable care), negligence, and any other pecuniary or other loss
whatsoever) arising out of or in any way related to the use of or inability to use
the OS Components OR THE SUPPORT SERVICES, OR the provision of or failure to
provide Support Services, or otherwise under or in connection with any provision of
this Supplemental EULA, even if Microsoft or any supplier has been advised of the
possibility of such damages.
LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT
INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES
REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF
MICROSOFT AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS SUPPLEMENTAL EULA
AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE GREATER
OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE OS COMPONENTS OR U.S.$5.00. THE
FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
Si vous avez acquis votre produit Microsoft au CANADA, le texte suivant vous
concerne :
SI LE PRODUIT OS APPLICABLE VOUS A T CONCD SOUS LICENCE PAR MICROSOFT OU PAR
L'UNE QUELCONQUE DE SES FILIALES A 100%, LA GARANTIE LIMITE (SI ELLE EXISTE)
APPLICABLE EN VERTU DU CONTRAT DE LICENCE UTILISATEUR FINAL ( CLUF ) RELATIF A CE
PRODUIT OS S'APPLIQUE AUX COMPOSANTS SYSTEME D'EXPLOITATION DE MICROSOFT Y COMPRIS
TOUTE DOCUMENTATION EN LIGNE OU SOUS FORME LECTRONIQUE (LES COMPOSANTS OS
), A CONDITION QUE CEUX-CI VOUS AIENT T CONCDS SOUS LICENCE PENDANT LA DURE
DE LA GARANTIE LIMITE DU CLUF RELATIF AU PRODUIT OS APPLICABLE. LE PRSENT CLUF
SUPPLMENTAIRE N'A PAS POUR EFFET DE PROROGER LA DURE DE CETTE GARANTIE LIMITE.
SI LE PRODUIT OS VOUS A T CONCD SOUS LICENCE PAR UNE ENTIT AUTRE QUE MICROSOFT
OU QUE L'UNE QUELCONQUE DE SES FILIALES A 100%, MICROSOFT EXCLUT TOUTE GARANTIE
RELATIVE AUX COMPOSANTS OS COMME CELA EST STIPUL CI-APRES :
EXCLUSION DE GARANTIE. DANS TOUTE LA MESURE PERMISE PAR LE DROIT APPLICABLE,
MICROSOFT ET SES FOURNISSEURS VOUS FOURNISSENT LES COMPOSANTS OS, AINSI QUE, LE CAS
CHANT, TOUT SERVICE D'ASSISTANCE RELATIF A CES COMPOSANTS OS (LES "SERVICES
D'ASSISTANCE"), COMME TELS ET AVEC TOUS LEURS DEFAUTS . EN OUTRE, MICROSOFT ET
SES FOURNISSEURS EXCLUENT PAR LES PRSENTES TOUTE AUTRE Microsoft .NET Framework
Redistributable EULA (.NET Framework Deployment) 10/25/2006
http://msdn.microsoft.com/libra... 2GARANTIE LGALE, EXPRESSE OU IMPLICITE,
RELATIVE AUX COMPOSANTS OS ET AUX SERVICES D'ASSISTANCE, NOTAMMENT (LE CAS
CHANT), TOUTE GARANTIE : DE PROPRIT, D'ABSENCE DE CONTREFAON, DE QUALIT,
D'ADAPTATION A UN USAGE PARTICULIER, D'ABSENCE DE VIRUS, DE PRCISION,
D'EXHAUSTIVIT DES RPONSES, DES R;SULTATS OBTENUS, D'ABSENCE DE NGLIGENCE, OU DE
DFAUT DE FABRICATION, DE JOUISSANCE PAISIBLE, D'ABSENCE DE TROUBLE DE POSSESSION
ET DE CONFORMIT A LA DESCRIPTION. VOUS ASSUMEZ L'ENSEMBLE DES RISQUES DCOULANT DE
L'UTILISATION OU DU FONCTIONNEMENT DES COMPOSANTS OS ET DES SERVICES D'ASSISTANCE.
EXCLUSION DE RESPONSABILIT POUR LES DOMMAGES ACCESSOIRES, INDIRECTS ET CERTAINS
AUTRES TYPES DE DOMMAGES. DANS TOUTE LA MESURE PERMISE PAR LE DROIT APPLICABLE,
MICROSOFT OU SES FOURNISSEURS NE POURRONT EN AUCUN CAS ETRE TENUS RESPONSABLES DE
TOUT DOMMAGE SPCIAL, ACCESSOIRE, INCIDENT OU INDIRECT DE QUELQUE NATURE QUE CE
SOIT (Y COMPRIS, MAIS NON DE FACON LIMITATIVE, LES PERTES DE BNFICES, PERTES
D'INFORMATIONS CONFIDENTIELLES OU AUTRES INFORMATIONS, INTERRUPTIONS D'ACTIVIT,
PRJUDICES CORPORELS, ATTEINTES A LA VIE PRIVE, MANQUEMENT A TOUTE OBLIGATION
(NOTAMMENT L'OBLIGATION DE BONNE FOI ET DE DILIGENCE), NGLIGENCE, ET POUR TOUTE
PERTE PCUNIAIRE OU AUTRE DE QUELQUE NATURE QUE CE SOIT), RSULTANT DE, OU RELATIFS
A, L'UTILISATION OU L'IMPOSSIBILIT D'UTILISER LES COMPOSANTS OS OU LES SERVICES
D'ASSISTANCE, OU LA FOURNITURE OU LE DFAUT DE FOURNITURE DES SERVICES
D'ASSISTANCE, OU AUTREMENT EN VERTU DE, OU RELATIVEMENT A, TOUTE DISPOSITION DE CE
CLUF SUPPLMENTAIRE, MEME SI LA SOCIT MICROSOFT OU UN QUELCONQUE FOURNISSEUR A
T PRVENU DE L'VENTUALIT DE TELS DOMMAGES.
LIMITATION DE RESPONSABILIT ET RECOURS. NONOBSTANT TOUT DOMMAGE QUE VOUS POURRIEZ
SUBIR POUR QUELQUE MOTIF QUE CE SOIT (NOTAMMENT TOUS LES DOMMAGES NUM;RS CI-
DESSUS ET TOUS LES DOMMAGES DIRECTS OU GNRAUX), L'ENTIERE RESPONSABILIT DE
MICROSOFT ET DE L'UN QUELCONQUE DE SES FOURNISSEURS AU TITRE DE TOUTE STIPULATION
DE CE CLUF SUPPLMENTAIRE ET VOTRE SEUL RECOURS EN CE QUI CONCERNE TOUS LES
DOMMAGES PRCITS NE SAURAIENT EXCDER LE MONTANT QUE VOUS AVEZ EFFECTIVEMENT PAY
POUR LES COMPOSANTS OS OU 5 DOLLARS US (US$ 5,00), SELON LE PLUS LEV DES DEUX
MONTANTS. LES PRSENTES LIMITATIONS ET EXCLUSIONS DEMEURERONT APPLICABLES DANS
TOUTE LA MESURE PERMISE PAR LE DROIT APPLICABLE QUAND BIEN MEME UN QUELCONQUE
REMEDE A UN QUELCONQUE MANQUEMENT NE PRODUIRAIT PAS D'EFFET.
La prsente Convention est r;gie par les lois de la province d'Ontario, Canada.
Chacune des parties a la prsente reconnat irrvocablement la comptence des
tribunaux de la province d'Ontario et consent a instituer tout litige qui pourrait
dcouler de la prsente aupres des tribunaux situs dans le district judiciaire de
York, province d'Ontario.
Au cas ou vous auriez des questions concernant cette licence ou que vous d;siriez
vous mettre en rapport avec Microsoft pour quelque raison que ce soit, veuillez
contacter la succursale Microsoft desservant votre pays, ou crire a : Microsoft
Sales Information Center, One Microsoft Way, Redmond, Washington 98052-6399.
========================================
=== MICROSOFT SOFTWARE LICENSE TERMS ===
========================================

MICROSOFT SOFTWARE LICENSE TERMS


MICROSOFT DIRECTX SOFTWARE DEVELOPMENT KIT (SDK)
These license terms are an agreement between Microsoft Corporation (or based on
where you live, one of its affiliates) and you. Please read them. They apply to
the software named above, which includes the media on which you received it, if
any. The terms also apply to any Microsoft
updates,
supplements,
Internet-based services, and
support services
for this software, unless other terms accompany those items. If so, those terms
apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT
USE THE SOFTWARE.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS.
a. Installation and Use. You may install and use any number of copies of the
software on your devices.
b. Included Microsoft Programs. The software contains other Microsoft programs.
The license terms with those programs apply to your use of them.
2. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
a. Media Elements and Templates. You may copy and use images, clip art,
animations, sounds, music, shapes, video clips and templates provided with the
software and identified for such use in documents and projects that you create.
You may distribute those documents and projects non-commercially. If you wish to
use these media elements or templates for any other purpose, go to
www.microsoft.com/permission to learn whether that use is allowed.
b. Distributable Code. The software contains code that you are permitted to
distribute in programs you develop if you comply with the terms below.
i. Right to Use and Distribute. The code and text files listed below are
Distributable Code.
DIRECTX REDIST.TXT Files. You may copy and distribute the object code form
of code listed in DIRECTX REDIST.TXT files.
Sample Code. You may modify, copy, and distribute the source and object code
form of code marked as sample, as well as those marked as follows:
\Utilities\bin\x86\dxerr
\Utilities\bin\x64\dxerr
\Utilities\bin\x86\dxtex
\Utilities\bin\x64\dxtex
\Utilities\bin\x86\DxViewer
\Utilities\bin\x64\DxViewer
\Utilities\bin\x86\GDFTrace
\Utilities\bin\x64\GDFTrace
\Utilities\bin\x86\MeshConvert
\Utilities\bin\x64\MeshConvert
\Utilities\Source\Sas
\Utilities\Source\Effects11
Third Party Distribution. You may permit distributors of your programs to
copy and distribute the Distributable Code as part of those programs.
ii. Distribution Requirements. For any Distributable Code you distribute, you
must
add significant primary functionality to it in your programs;
require distributors and external end users to agree to terms that protect it
at least as much as this agreement;
display your valid copyright notice on your programs; and
indemnify, defend, and hold harmless Microsoft from any claims, including
attorneys fees, related to the distribution or use of your programs.
iii. Distribution Restrictions. You may not
alter any copyright, trademark or patent notice in the Distributable Code;
use Microsofts trademarks in your programs names or in a way that suggests
your programs come from or are endorsed by Microsoft;
distribute Distributable Code to run on a platform other than the Windows,
Xbox and Windows Mobile platforms;
include Distributable Code in malicious, deceptive or unlawful programs; 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, that
the code be disclosed or distributed in source code form; or
others have the right to modify it.
3. 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
disclose the results of any benchmark tests of the software to any third
party without Microsofts prior written approval;
work around any technical limitations in the software;
reverse engineer, decompile or disassemble the software, except and only to
the extent that applicable law expressly permits, despite this limitation;
make more copies of the software than specified in this agreement or allowed
by applicable law, despite this limitation;
publish the software for others to copy;
rent, lease or lend the software; or
use the software for commercial software hosting services.
4. BACKUP COPY. You may make one backup copy of the software. You may use it
only to reinstall the software.
5. DOCUMENTATION. Any person that has valid access to your computer or internal
network may copy and use the documentation for your internal, reference purposes.
6. EXPORT RESTRICTIONS. The software is subject to United States export laws
and regulations. You must comply with all domestic and international export laws
and regulations that apply to the software. These laws include restrictions on
destinations, end users and end use. For additional information, see
www.microsoft.com/exporting.
7. SUPPORT SERVICES. Because this software is as is, we may not provide
support services for it.
8. 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.
9. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington
state law governs the interpretation of this agreement 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 software in any other
country, the laws of that country apply.
10. LEGAL EFFECT. This agreement describes certain legal rights. You may have
other rights under the laws of your country. You may also have rights with respect
to the party from whom you acquired the software. This agreement does not change
your rights under the laws of your country if the laws of your country do not
permit it to do so.
11. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED AS-IS. YOU BEAR THE
RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS.
YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT
CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
12. LIMITATION ON AND EXCLUSION OF REMEDIES AND 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
anything related to the software, services, content (including code) on third
party Internet sites, or third party programs; 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 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.
Please note: As this software is distributed in Quebec, Canada, some of the clauses
in this agreement are provided below in French.
Remarque : Ce logiciel tant distribu au Qubec, Canada, certaines des clauses
dans ce contrat sont fournies ci-dessous en franais.
EXONRATION DE GARANTIE. Le logiciel vis par une licence est offert tel quel .
Toute utilisation de ce logiciel est votre seule risque et pril. Microsoft
naccorde aucune autre garantie expresse. Vous pouvez bnficier de droits
additionnels en vertu du droit local sur la protection des consommateurs, que ce
contrat ne peut modifier. La ou elles sont permises par le droit locale, les
garanties implicites de qualit marchande, dadquation un usage particulier et
dabsence de contrefaon sont exclues.
LIMITATION DES DOMMAGES-INTRTS ET EXCLUSION DE RESPONSABILIT POUR LES DOMMAGES.
Vous pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation en cas de
dommages directs uniquement hauteur de 5,00 $ US. Vous ne pouvez prtendre
aucune indemnisation pour les autres dommages, y compris les dommages spciaux,
indirects ou accessoires et pertes de bnfices.
Cette limitation concerne :
tout ce qui est reli au logiciel, aux services ou au contenu (y compris le
code) figurant sur des sites Internet tiers ou dans des programmes tiers ; et
les rclamations au titre de violation de contrat ou de garantie, ou au titre
de responsabilit stricte, de ngligence ou dune autre faute dans la limite
autorise par la loi en vigueur.
Elle sapplique galement, mme si Microsoft connaissait ou devrait connatre
lventualit dun tel dommage. Si votre pays nautorise pas lexclusion ou la
limitation de responsabilit pour les dommages indirects, accessoires ou de quelque
nature que ce soit, il se peut que la limitation ou lexclusion ci-dessus ne
sappliquera pas votre gard.
EFFET JURIDIQUE. Le prsent contrat dcrit certains droits juridiques. Vous
pourriez avoir dautres droits prvus par les lois de votre pays. Le prsent
contrat ne modifie pas les droits que vous confrent les lois de votre pays si
celles-ci ne le permettent pas.

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