MICROSOFT SOFTWARE LICENSE TERMS

MICROSOFT SQL SERVER 2005 EXPRESS EDITION SERVICE PACK 4

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.  These license terms apply to your use of those programs.

2.  INTERNET-BASED SERVICES.  Microsoft provides Internet-based services with the software.  It may change or cancel them at any time.

3.  MICROSOFT .NET FRAMEWORK BENCHMARK TESTING.  The software includes the .NET Framework component of the Windows operating systems (".NET Component").  You may conduct internal benchmark testing of the .NET (".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.

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

  *  disclose the results of any benchmark tests of the software, other than the Microsoft .NET Framework (see separate term above), to any third party without Microsoft's 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; or

  *  rent, lease or lend the software.

5.  BACKUP COPY.  You may make one backup copy of the software.  You may use it only to reinstall the software.

6.  DOCUMENTATION.  Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.

7.  TRANSFER TO A THIRD PARTY.  The first user of the software may transfer it and this agreement directly to a third party.  Before the transfer, that party must agree that this agreement applies to the transfer and use of the software.  The first user must uninstall the software before transferring it separately from the device.  The first user may not retain any copies.

8.  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.

9.  SUPPORT SERVICES. Because this software is "as is," we may not provide support services for it.

10.  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.

11.  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.

12.  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.

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.  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.

14.  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.
