End User License Agreement - ASF Specification

Microsoft Advanced Systems Format (ASF) Specification version 1.2

IMPORTANT—READ CAREFULLY: This Microsoft Agreement (“Agreement”) is a legal agreement between you (either an individual or a single entity) and Microsoft Corporation (“Microsoft”) for the version of the Microsoft specification identified above which you are about to download (“Specification”). By downloading, copying, or otherwise using the Specification, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not download, copy or otherwise use the Specification.

The Specification is owned by Microsoft or its suppliers and is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

The capitalized terms used in this Agreement are defined as follows:

• “Advanced Systems Format” or “ASF” means version 1.2 of the extensible file storage format developed by or for Microsoft for authoring, editing, archiving, distributing, streaming, playing, referencing, or otherwise manipulating content.
• “Necessary Claims” means any and all claim(s), but only such claim(s), of a patent or patent application that (a) are owned, controlled, or sublicensable (without payment of royalties to an unaffiliated third party) by Microsoft now or at any future time; and (b) are necessarily infringed by implementing ASF as set forth in the Specification. Notwithstanding the foregoing sentence, Necessary Claims do not include any claims: (i) to any enabling technologies that may be necessary to make or use any product or portion thereof that includes ASF (e.g., enabling semiconductor manufacturing technology, compiler technology, object oriented technology, operating system technology, protocols, programming interfaces, etc.); or (ii) covering the implementation of other specifications, technical documentation or technology merely referred to in the Specification.
• “Windows Media Codecs” means all versions of the audio, video, and data compression/decompression algorithms (“codecs”) that have a ASF Codec Description that begins with “Windows Media” or “Microsoft”. Windows Media Codecs includes, but is not limited to, the “Windows Media Audio” codecs, “Windows Media Video” codecs, and “Microsoft MPEG-4” codec.

All other initially capitalized terms have the meanings assigned to them elsewhere in this Agreement.

1. LICENSE.
   1. Specification.
      Provided you comply with all terms and conditions of this Agreement, including without limitation Section 2 below, Microsoft grants you the following limited, non-exclusive, world-wide, royalty-free, non-assignable, nontransferable, non-sublicenseable license during the Term (defined below), under any copyrights owned or licensable by Microsoft without payment of consideration to unaffiliated third parties, to:
      1. reproduce and internally use a reasonable number of copies of the Specification in its entirety as a reference for the sole purpose of implementing ASF in your hardware, application, or utilities (your "Solutions");
      2. reproduce and internally use your implementations of ASF made pursuant to the terms of this Agreement (your “Implementations”) in source code form solely for internal development and testing of your Solutions, and
      3. reproduce and have reproduced in object code form only, your Implementations and distribute, directly and indirectly, your Implementations (only in object code form) solely as part of and for use with your Solutions.
   2. Necessary Claims.
      Provided you comply with all terms and conditions of this Agreement, including without limitation Section 2 below, Microsoft grants you the following limited, non-exclusive, world-wide, royalty-free, non-assignable, nontransferable, non-sublicenseable license during the Term under its Necessary Claims to make, use and distribute in object code form (in accordance with the distribution criteria set forth in Section 1(a)(iii) above) your Implementations that fully comply with the Specification.
   3. Reserved Rights.
      The foregoing license is applicable only to the version of the Specification which you are about to download. This Agreement does not grant you any rights to any additional versions of or extensions to the Specification. Microsoft and its suppliers retain title and all ownership rights to the Specification and the information contained therein. All rights not expressly granted are reserved to Microsoft. Microsoft may have patents or pending patent applications, trademarks, copyrights, trade secrets or other intellectual property rights covering the subject matter in the Specification. The furnishing of this Specification does not give you any license to these patents, trademarks, trade secrets, copyrights, or other intellectual property rights, except as specifically set forth in Sections 1(a) and 1(b) above.
2. DESCRIPTION OF ADDITIONAL LIMITATIONS.
   Without limiting the conditions set forth in Section 1 above, your rights under Section 1 are expressly conditioned upon your compliance with each of the following limitations:
   1. You may not alter or remove any copyright, trademark or other protective notices or legends from any copy of the Specification.
   2. You may not provide, publish or otherwise distribute the Specification to any third party. Further, you shall use commercially reasonable efforts to ensure that the use or distribution of your Solutions, including your Implementations as incorporated into your Solutions, shall not in any way disclose or reveal the information contained in the Specification.
   3. Your Implementations as incorporated into your Solutions must implement the Specification in its entirety. By way of clarification of the foregoing, you are not required to implement any portion of the Specification that is identified as “optional”. However, if you elect to implement a portion of the Specification that is identified as optional, you must also implement that optional portion of the Specification in its entirety.
   4. Your Solutions shall not circumvent or compromise the protection of content protected with Microsoft's digital rights management.
   5. To promote interoperability with legacy and future solutions built on Windows Media technologies, Microsoft recommends that your Solutions follow these guidelines:
      1. if your Solutions save to permanent storage, write to a network, or otherwise export content compressed with Windows Media Codecs, such content should be contained within ASF and
      2. if your Solutions create ASF files, or register for any file types or MIME types associated with ASF files, your Solutions should adhere to the ASF file naming and registration conventions posted on the
         http://go.microsoft.com/fwlink/?LinkId=11652
         web site.
   6. For a variety of reasons, including without limitation, because you do not have the right to sublicense the Necessary Claims, your license rights to the Specification are conditioned upon your not creating or distributing your Implementations in any manner that would cause ASF (whether embodied in your Implementation or otherwise) to become subject to any of the terms of an Excluded License. An “Excluded License” is any license that requires as a condition of use, modification and/or distribution of software subject to the Excluded License, that such software or other software combined and/or distributed with such software be (x) disclosed or distributed in source code form; (y) licensed for the purpose of making derivative works; or (z) redistributable at no charge;
3. TERM.
   The term of this Agreement (“Term”) commences upon your downloading of the Specification and expires without notice on January 1, 2012, unless terminated sooner as provided in Section 4. After the expiration or termination of the Term, you must cease creating any new Implementations.  If you have complied with the terms and conditions of this Agreement and Microsoft has not terminated this Agreement as provided in Section 4, you may continue to exercise the license rights granted herein after the expiration of the Term, including the right to use a reasonable number of copies of the Specification, subject to the conditions and restrictions herein and solely to the limited extent needed to
   1. continue to distribute your Solutions containing your Implementations where such Solutions were first commercially released in a general, non-beta form during the Term (“Legacy Solutions”) and
   2. develop bug fixes and provide product support for your Legacy Solutions.  You may not continue to exercise the license rights granted herein after the expiration of the Term (i) if Microsoft has terminated this Agreement as provided in Section 4 or (ii) if you do not continue to comply with any of the conditions and restrictions herein that were applicable to your exercise of the license rights during the Term.
4. TERMINATION.
   Without prejudice to any other rights, Microsoft may terminate this Agreement if you fail to comply with any of the terms and conditions of this Agreement (“Termination for Cause”).  Immediately following a Termination for Cause, you must destroy all copies of the Specification in your possession or under your control and cease any further distribution of your Solutions that use or incorporate Implementations.
5. SUPPORT.
   Microsoft is not obligated to provide technical or other support for the Specification. You are responsible for any and all maintenance, end-user support, technical support and updates for your Solutions.
6. EXPORT RESTRICTIONS.
   You acknowledge that the Specification is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Specification, including the U.S. Export Administration Regulations, as well as end-user, end-use and country destination restrictions issued by U.S. and other governments. For additional information on exporting Microsoft products, see
   http://www.microsoft.com/exporting/
7. DISCLAIMER OF WARRANTIES.
   TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT AND ITS SUPPLIERS PROVIDE TO YOU THE SPECIFICATION (AND ALL INTELLECTUAL PROPERTY THEREIN), AND ANY (IF ANY) SUPPORT SERVICES RELATED TO THE SPECIFICATION ("SUPPORT SERVICES") AS IS AND WITH ALL FAULTS; AND MICROSOFT AND ITS SUPPLIERS HEREBY DISCLAIM WITH RESPECT TO THE SPECIFICATION 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: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, WORKMANLIKE EFFORT AND LACK OF NEGLIGENCE. ALSO THERE IS NO WARRANTY, DUTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OF THE SPECIFICATION (AND ALL INTELLECTUAL PROPERTY THEREIN) AND ANY SUPPORT SERVICES REMAINS WITH YOU.
8. 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 or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the specification, any intellectual property therein, the provision of or failure to provide Support Services, or otherwise under or in connection with any provision of this AGREEMENT, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of Microsoft or any supplier, and even if Microsoft or any supplier has been advised of the possibility of such damages.
9. 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 AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SPECIFICATION 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.
10. APPLICABLE LAW.
    This Agreement is governed by the laws of the State of Washington.
11. ENTIRE AGREEMENT.
    This Agreement is the entire agreement between you and Microsoft relating to the Specification and it supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Specification.

Should you have any questions concerning this EULA, or if you desire to contact Microsoft for any reason, please contact the Microsoft subsidiary serving your country, or write: Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399.