Licensing#

napari is distributed under the BSD-3-Clause license, a copy of which is available here.

BSD 3-Clause License

Copyright (c) 2018, Napari
All rights reserved.

Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are met:

* Redistributions of source code must retain the above copyright notice, this
  list of conditions and the following disclaimer.

* Redistributions in binary form must reproduce the above copyright notice,
  this list of conditions and the following disclaimer in the documentation
  and/or other materials provided with the distribution.

* Neither the name of the copyright holder nor the names of its
  contributors may be used to endorse or promote products derived from
  this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS"
AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Notice of Third Party Software Licenses#

napari may be installed through a variety of methods. Particularly, the bundled installers may include third party software packages or tools licensed under different terms. These licenses may be accessed from within the resulting napari installation or https://napari.org.

Intel® OpenMP

Intel Simplified Software License (Version August 2021)

Use and Redistribution. You may use and redistribute the software (the
"Software"), without modification, provided the following conditions are met:

* Redistributions must reproduce the above copyright notice and the following
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* Neither the name of Intel nor the names of its suppliers may be used to
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* No reverse engineering, decompilation, or disassembly of this Software is
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No other licenses. Except as provided in the preceding section, Intel grants no
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copyright, trademark, trade name, service mark or other intellectual property
licenses or rights of Intel.

Third party software. The Software may contain Third Party Software. "Third
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Intel® Math Kernel Library

Intel End User License Agreement for Developer Tools (Version October 2021)

IMPORTANT NOTICE - PLEASE READ AND AGREE BEFORE DOWNLOADING, INSTALLING, COPYING
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UCRT (Redistributable files for Windows SDK)

MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT WINDOWS SOFTWARE DEVELOPMENT KIT (SDK) FOR WINDOWS 10
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            i. Right to Use and Distribute. The code and test files listed below are “Distributable Code”.
                • REDIST.TXT Files. You may copy and distribute the object code form of code listed in REDIST.TXT files plus the files listed on the
REDIST.TXT list located at http://go.microsoft.com/fwlink/?LinkId=524842. Depending on the specific edition of the software, the number of REDIST files you
receive with the software may not be equal to the number of REDIST files listed in the REDIST.TXT List. We may add additional files to the list from time to
time.
                • 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;
                • For any Distributable Code having a filename extension of .lib, distribute only the results of running such Distributable Code through a
linker with your program;
                • Distribute Distributable Code included in a setup program only as part of that setup program without modification;
                • Require distributors and external end users to agree to terms that protect it at least as much as this agreement;
                • For Distributable Code from the Windows Performance Toolkit portions of the software, distribute the unmodified software package as a whole
with your programs, with the exception of the KernelTraceControl.dll and the WindowsPerformanceRecorderControl.dll which can be distributed with your
programs;
                • 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 Microsoft’s trademarks in your programs’ names or in a way that suggests your programs come from or are endorsed by Microsoft;
                • Distribute partial copies of the Windows Performance Toolkit portion of the software package with the exception of the
KernelTraceControl.dll and the WindowsPerformanceRecorderControl.dll which can be distributed with your programs;
                • Distribute Distributable Code to run on a platform other than the Microsoft operating system platform;
                • Include Distributable Code in malicious, deceptive or unlawful programs; or
                • Modified or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. And Excluded
License is on that requir3es, 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.
        b. Additional Rights and Restrictions for Features made Available with the Software.
            i. Windows App Requirements. If you intend to make your program available in the Windows Store, the program must comply with the Certification
Requirements as defined and described in the App Developer Agreement, currently available at:
https://msdn.microsoft.com/en-us/library/windows/apps/hh694058.aspx.
            ii. Bing Maps. The software may include features that retrieve content such as maps, images and other data through the Bing Maps (or successor
branded) application programming interface (the “Bing Maps API”) to create reports displaying data on top of maps, aerial and hybrid imagery. If these
features are included, you may use these features to create and view dynamic or static documents only in conjunction with and through methods and means of
access integrated in the software. You may not otherwise copy, store, archive, or create a database of the entity information including business names,
addresses and geocodes available through the Bing Maps API. You may not use the Bing Maps API to provide sensor based guidance/routing, nor use any Road
Traffic Data or Bird’s Eye Imager (or associated metadata) even if available through the Bing Maps API for any purpose. Your use of the Bing Maps API and
associated content is also subject to the additional terms and conditions at http://go.microsoft.com/fwlink/?LinkId=21969.
            iii. Additional Mapping APIs. The software may include application programming interfaces that provide maps and other related mapping features and
services that are not provided by Bing (the “Additional Mapping APIs”). These Additional Mapping APIs are subject to additional terms and conditions and may
require payment of fees to Microsoft and/or third party providers based on the use or volume of use of such Additional Mapping APIs. These terms and
conditions will be provided when you obtain any necessary license keys to use such Additional Mapping APIs or when you review or receive documentation related
to the use of such Additional Mapping APIs.
            iv. Push Notifications. The Microsoft Push Notification Service may not be used to send notifications that are mission critical or otherwise could
affect matters of life or death, including without limitation critical notifications related to a medical device or condition. MICROSOFT EXPRESSLY DISCLAIMS
ANY WARRANTIES THAT THE USE OF THE MICROSOFT PUSH NOTIFICATION SERVICE OR DELIVERY OF MICROSOFT PUSH NOTIFICATION SERVICE NOTIFICATIONS WILL BE UNINTERRUPTED,
ERROR FREE, OR OTHERWISE GUARANTEED TO OCCUR ON A REAL-TIME BASIS.
            v. Speech namespace API. Using speech recognition functionality via the Speech namespace APIs in a program requires the support of a speech
recognition service. The service may require network connectivity at the time of recognition (e.g., when using a predefined grammar). In addition, the service
may also collect speech-related data in order to provide and improve the service. The speech-related data may include, for example, information related to
grammar size and string phrases in a grammar.
            vi.     Also, in order for a user to use speech recognition on the phone they must first accept certain terms of use. The terms of use notify the
user that data related to their use of the speech recognition service will be collected and used to provide and improve the service. If a user does not accept
the terms of use and speech recognition is attempted by the application, the operation will not work and an error will be returned to the application.
            vii. PlayReady Support. The software may include the Windows Emulator, which contains Microsoft’s PlayReady content access technology.  Content
owners use Microsoft PlayReady content access technology to protect their intellectual property, including copyrighted content.  This software uses PlayReady
technology to access PlayReady-protected content and/or WMDRM-protected content.  Microsoft may decide to revoke the software’s ability to consume
PlayReady-protected content for reasons including but not limited to (i) if a breach or potential breach of PlayReady technology occurs, (ii) proactive
robustness enhancement, and (iii) if Content owners require the revocation because the software fails to properly enforce restrictions on content usage.
Revocation should not affect unprotected content or content protected by other content access technologies.  Content owners may require you to upgrade
PlayReady to access their content.  If you decline an upgrade, you will not be able to access content that requires the upgrade and may not be able to install
other operating system updates or upgrades.
            viii. Package Managers. The software may include package managers, like NuGet, that give you the option to download other Microsoft and third
party software packages to use with your application. Those packages are under their own licenses, and not this agreement. Microsoft does not distribute,
license or provide any warranties for any of the third party packages.
            ix. Font Components. While the software is running, you may use its fonts to display and print content. You may only embed fonts in content as
permitted by the embedding restrictions in the fonts; and temporarily download them to a printer or other output device to help print content.
            x. Notice about the H.264/AVD Visual Standard, and the VC-1 Video Standard. This software may include H.264/MPEG-4 AVC and/or VD-1 decoding
technology. MPEG LA, L.L.C. requires this notice:
        c. THIS PRODUCT IS LICENSED UNDER THE AVC AND THE VC-1 PATENT PORTFOLIO LICENSES FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE
VIDEO IN COMPLIANCE WITH THE ABOVE STANDARDS (“VIDEO STANDARDS”) AND/OR (ii) DECODE AVC, AND VC-1 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL
AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE SUCH VIDEO. NONE OF THE LICENSES EXTEND TO ANY OTHER PRODUCT
REGARDLESS OF WHETHER SUCH PRODUCT IS INCLUDED WITH THIS SOFTWARE IN A SINGLE ARTICLE. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL
INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE WWW.MPEGLA.COM.
        d. For clarification purposes, this notice does not limit or inhibit the use of the software for normal business uses that are personal to that
business which do not include (i) redistribution of the software to third parties, or (ii) creation of content with the VIDEO STANDARDS compliant technologies
for distribution to third parties.
        e. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software. It may change or cancel them at any time.
        f. Consent for Internet-Based Services. The software features described below and in the privacy statement at
http://go.microsoft.com/fwlink/?LinkId=521839 connect to Microsoft or service provider computer systems over the Internet. In some cases, you will not receive
a separate notice when they connect. In some cases, you may switch off these features or not use them as described in the applicable product documentation. 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.
                • Software Use and Performance.  This software collects info about your hardware and how you use the software and automatically sends error
reports to Microsoft.  These reports include information about problems that occur in the software.  Reports might unintentionally contain personal
information. For example, a report that contains a snapshot of computer memory might include your name. Part of a document you were working on could be
included as well, but this information in reports or any info collected about hardware or your software use will not be used to identify or contact you.
                • Digital Certificates. The software uses digital certificates. These digital certificates confirm the identity of Internet users sending
X.509 standard encryption information. They also can be used to digitally sign files and macros to verify the integrity and origin of the file contents. The
software retrieves certificates and updates certificate revocation lists using the Internet, when available.
                • Windows Application Certification Kit. To ensure you have the latest certification tests, when launched this software periodically checks a
Windows Application Certification Kit file on download.microsft.com to see if an update is available.  If an update is found, you are prompted and provided a
link to a web site where you can download the update. You may use the Windows Application Certification Kit solely to test your programs before you submit
them for a potential Microsoft Windows Certification and for inclusion on the Microsoft Windows Store. The results you receive are for informational purposes
only. Microsoft has no obligation to either (i) provide you with a Windows Certification for your programs and/or ii) include your program in the Microsoft
Windows Store.
                • Microsoft Digital Rights Management for Silverlight.
                • If you use Silverlight to access content that has been protected with Microsoft Digital Rights Management (DRM), in order to let you play
the content, the software may automatically
                • request media usage rights from a rights server on the Internet and
                • download and install available DRM Updates.
                • For more information about this feature, including instructions for turning the Automatic Updates off, go to
http://go.microsoft.com/fwlink/?LinkId=147032.
                1. Web Content Features.  Features in the software can retrieve related content from Microsoft and provide it to you. To provide the content,
these features send to Microsoft the type of operating system, name and version of the software you are using, type of browser and language code of the device
where you installed the software. Examples of these features are clip art, templates, online training, online assistance, help and Appshelp. You may choose
not to use these web content features.
            ii. Use of Information. We may use  nformation collected about software use and performance to provide and improve Microsoft software and services
as further described in Microsoft’s Privacy Statement available at: https://go.microsoft.com/fwlink/?LinkID=521839. 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.
            iii. Misuse of Internet-based Services. You may not use these services in any way that could harm them or impair anyone else’s use of them. You
may not use the services to try to gain unauthorized access to any service, data, account or network by any means.
    3. YOUR COMPLIANCE WITH PRIVACY AND DATA PROTECTION LAWS.
        a. Personal Information Definition. "Personal Information" means any information relating to an identified or identifiable natural person; an
identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an
identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic,
cultural or social identity of that natural person.
        b. Collecting Personal Information using Packaged and Add-on APIs.  If you use any API to collect personal information from the software, you must
comply with all laws and regulations applicable to your use of the data accessed through APIs including without limitation laws related to privacy, biometric
data, data protection, and confidentiality of communications. Your use of the software is conditioned upon implementing and maintaining appropriate
protections and measures for your applications and services, and that includes your responsibility to the data obtained through the use of APIs. For the data
you obtained through any APIs, you must:
            i. obtain all necessary consents before collecting and using data and only use the data for the limited purposes to which the user consented,
including any consent to changes in use;
            ii. In the event you’re storing data, ensure that data is kept up to date and implement corrections, restrictions to data, or the deletion of data
as updated through packaged or add-on APIs or upon user request if required by applicable law;
            iii. implement proper retention and deletion policies, including deleting all data when as directed by your users or as required by applicable
law; and
            iv. maintain and comply with a written statement available to your customers that describes your privacy practices regarding data and information
you collect, use and that you share with any third parties.
        c. Location Framework. The software may contain a location framework component or APIs that enable support of location services in programs.
Programs that receive device location must comply with the requirements related to the Location Service APIs as described in the Microsoft Store Policies
(https://docs.microsoft.com/en-us/legal/windows/agreements/store-policies).   If you choose to collect device location data outside of the control of Windows
system settings, you must obtain legally sufficient consent for your data practices, and such practices must comply with all other applicable laws and
regulations.
        d. Security.  If your application or service collects, stores or transmits personal information, it must do so securely, by using modern cryptography
methods.
    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. 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
    • Except for the Microsoft .NET Framework, you must obtain Microsoft's prior written approval to disclose to a third party the results of any benchmark
test of the software.
    • 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. INDEPENDENT PARTIES.  Microsoft and you are independent contractors. Nothing in this agreement shall be construed as creating an employer-employee
relationship, processor-subprocessor relationship, a partnership, or a joint venture between the parties.
    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. 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 or statutory guarantees 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.
FOR AUSTRALIA – You have statutory guarantees under the Australian Consumer Law and nothing in these terms is intended to affect those rights.
    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.

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 étant distribué au Québec, Canada, certaines des clauses dans ce contrat sont fournies ci-dessous en français.
EXONÉRATION DE GARANTIE. Le logiciel visé par une licence est offert « tel quel ». Toute utilisation de ce logiciel est à votre seule risque et péril.
Microsoft n’accorde aucune autre garantie expresse. Vous pouvez bénéficier 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 qualité marchande, d’adéquation à un usage
particulier et d’absence de contrefaçon sont exclues.
LIMITATION DES DOMMAGES-INTÉRÊTS ET EXCLUSION DE RESPONSABILITÉ POUR LES DOMMAGES. Vous pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation
en cas de dommages directs uniquement à hauteur de 5,00 $ US. Vous ne pouvez prétendre à aucune indemnisation pour les autres dommages, y compris les dommages
spéciaux, indirects ou accessoires et pertes de bénéfices.
Crete limitation concern:
    • tout ce qui est relié au logiciel, aux services ou au contenu (y compris le code) figurant sur des sites Internet tiers ou dans des programmes tiers ;
et
    • les réclamations au titre de violation de contrat ou de garantie, ou au titre de responsabilité stricte, de négligence ou d’une autre faute dans la
limite autorisée par la loi en vigueur.
Elle s’applique également, même si Microsoft connaissait ou devrait connaître l’éventualité d’un tel dommage. Si votre pays n’autorise pas l’exclusion ou la
limitation de responsabilité pour les dommages indirects, accessoires ou de quelque nature que ce soit, il se peut que la limitation ou l’exclusion ci-dessus
ne s’appliquera pas à votre égard.
EFFET JURIDIQUE. Le présent contrat décrit certains droits juridiques. Vous pourriez avoir d’autres droits prévus par les lois de votre pays. Le présent
contrat ne modifie pas les droits que vous confèrent les lois de votre pays si celles-ci ne le permettent pas.
***************
EULAID:WIN10SDK.RTM.AUG_2018_en-US


*************************************************************************

Microsoft Visual C++ 2019 Runtime

MICROSOFT SOFTWARE LICENSE TERMS

MICROSOFT VISUAL C++ 2019 RUNTIME

These license terms are an agreement between Microsoft Corporation (or
based on where you live, one of its affiliates) and you. They apply to
the software named above. The terms also apply to any Microsoft services
or updates for the software, except to the extent those have different
terms.

IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW.

-   INSTALLATION AND USE RIGHTS.

-   You may install and use any number of copies of the software.

-   TERMS FOR SPECIFIC COMPONENTS.

    -   MICROSOFT PLATFORMS. The software may include components from
        Microsoft Windows; Microsoft Windows Server; Microsoft SQL
        Server; Microsoft Exchange; Microsoft Office; and Microsoft
        SharePoint. These components are governed by separate agreements
        and their own product support policies, as described in the
        Microsoft “Licenses” folder accompanying the software, except
        that, if license terms for those components are also included in
        the associated installation directory, those license terms
        control.

    -   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.

-   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

    -   work around any technical limitations in the software;

    -   reverse engineer, decompile or disassemble the software, or
        otherwise attempt to derive the source code for the software
        except, and only to the extent required by third party licensing
        terms governing the use of certain open source components that
        may be included in the software;

    -   remove, minimize, block or modify any notices of Microsoft or
        its suppliers in the software;

    -   use the software in any way that is against the law; or

    -   share, publish, rent or lease the software, or provide the
        software as a stand-alone offering for others to use, or
        transfer the software or this agreement to any third party.

-   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
    www.microsoft.com/exporting.

-   SUPPORT SERVICES. Because this software is “as is,” we may not
    provide support services for it.

-   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.

-   APPLICABLE LAW. If you acquired the software in the United States,
    Washington law applies to interpretation of and claims for breach of
    this agreement, and the laws of the state where you live apply to
    all other claims. If you acquired the software in any other country,
    its laws apply.

-   CONSUMER RIGHTS; REGIONAL VARIATIONS. This agreement describes
    certain legal rights. You may have other rights, including consumer
    rights, under the laws of your state 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 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:

    -   AUSTRALIA. You have statutory guarantees under the Australian
        Consumer Law and nothing in this agreement is intended to affect
        those rights.

    -   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.

    -   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.

-   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 YOUR LOCAL
    LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY,
    FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

-   LIMITATION ON AND EXCLUSION OF 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 (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,
    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.