MICROSOFT PRE-RELEASE SOFTWARE LICENSE TERMS
MICROSOFT WINDOWS MEDIA PLAYER 11

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 pre-release 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.


As described below, using some features also operates as your consent to the transmission of certain standard computer information for Internet-based services.

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 premises to design, develop and test your programs for use with the software.  
* You may not test the software in a live operating environment unless Microsoft permits you to do so under another agreement.

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

a. Consent for Internet-Based Services.  The software features described below connect to Microsoft or service provider computer systems over the Internet.  In some cases, you will not receive a separate notice when they connect.  You may switch off these features or not use them.  For more information about these features, see http://go.microsoft.com/fwlink/?LinkId=31490.  By using these features, you consent to the transmission of this information.  Microsoft does not use the information to identify or contact you.

i. Computer Information.  The following features use Internet protocols, which send to the appropriate systems computer information, such as your Internet protocol address, the type of operating system, browser and name and version of the software you are using, and the language code of the device where you installed the software.  Microsoft uses this information to make the Internet-based services available to you.

* Windows Media Digital Rights Management.  Content owners use Windows Media digital rights management technology (WMDRM) to protect their intellectual property, including copyrights.   This software and third party software use WMDRM to play and copy WMDRM-protected content.  If the software fails to protect the content, content owners may ask Microsoft to revoke the software’s ability to use WMDRM to play or copy protected content.  Revocation does not affect other content.  When you download licenses for protected content, you agree that Microsoft may include a revocation list with the licenses.  Content owners may require you to upgrade WMDRM to access their content.  Microsoft software that includes WMDRM will ask for your consent prior to the upgrade.  If you decline an upgrade, you will not be able to access content that requires the upgrade.  You may switch off WMDRM features that access the Internet.  When these features are off, you can still play content for which you have a valid license.

* Windows Media Player.  When you use Windows Media Player, it checks with Microsoft for
* compatible online music services in your region;
* new versions of the player; and
* codecs if your device does not have the correct ones for playing content.

You can switch off this last feature.  For more information, go to http://go.microsoft.com/fwlink/?linkid=47486.

* Customer Experience Improvement Program (CEIP).  This software uses CEIP, which automatically sends to Microsoft anonymous information about your hardware and how you use this software.  For more information about CEIP, see http://go.microsoft.com/fwlink/?linkid=47486.

ii. Use of Information.  We may use the computer information, and CEIP information, to improve our software and services.  We may also share it with others, such as hardware and software vendors.  They may use the information to improve how their products run with Microsoft software.

3. TERM.  The term of this agreement is 365 days, or commercial release of the software, whichever is first.

4. PRE-RELEASE SOFTWARE.  This software is a pre-release version.  It may not work the way a final version of the software will.  We may change it for the final, commercial version.  We also may not release a commercial version.

5. 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 also give to third parties, without charge, any patent rights needed for their products, technologies and services to use or interface with any specific parts of a Microsoft software or service that includes the feedback.  You will not give feedback that is subject to a license that requires Microsoft to license its software or documentation to third parties because we include your feedback in them.  These rights survive this agreement.

6. 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 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;
* 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.

7. 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.

8. SUPPORT SERVICES. Because this 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 that you use, are the entire agreement for the software and support services.

10. 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.

11. 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.

12. 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.

13. 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.
