|Date||28 January 2011|
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT SECURITY ESSENTIALS
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
- subsequent version of the software (including any updates or 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, installation or use of the software also operates as your consent to the transmission of certain standard computer information during validation, automatic download and installation of certain updates, and for Internet-based services.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS.
a. Home Use. If you are a home user, then you may install and use any number of copies of the software on your personal devices for use by people who reside in your household. As a home user, you may not use the software in any commercial, non-profit, or revenue generating business activities.
b. Small Business. If you operate a small business, then you may install and use the software on up to ten (10) devices in your business.
i. The software may not be used on a device running an enterprise version of a Microsoft Windows operating system.
ii. The software may not be used on devices owned by government or academic institutions.
d. Separation of Components. The components of the software are licensed as a single unit. You may not separate the components and install them on different devices.
e. Included Microsoft Programs. The software may contain other Microsoft programs. The license terms with those programs apply to your use of them.
a. The software may cause the operating system software to conduct validation checks of your operating system software from time to time, depending upon your specific operating system.
b. Validation verifies that your computer’s operating system has been activated and is properly licensed. Validation also permits you to use certain features of the operating system software or to obtain additional benefits.
c. If a validation check is performed, the operating system software will send information about the software and your operating system software to Microsoft. This information includes the versions of the software and operating system software. Microsoft does not use the information to identify or contact you. By using the software, you consent to the transmission of this information. For more information, see http://www.microsoft.com/genuine/downloads/PrivacyInfo.aspx.
d. If, after a validation check, your operating system software is found not to be properly licensed, the software you are installing may be disabled, or the functionality of the operating system software may be affected, depending upon your specific operating system and applicable laws. For example, you may need to reactivate the operating system software or you may receive reminders to obtain a properly licensed copy of the operating system software, or you may not be able to use or continue to use some of the features of the operating system software or obtain certain updates, upgrades or services from Microsoft.
e. You may only obtain updates or upgrades for the operating system software from Microsoft or authorized sources. For more information on obtaining updates from authorized sources, see http://www.microsoft.com/genuine/downloads/faq.aspx.
3. 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 and in the Microsoft Security Essentials Privacy Statement 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. For more information about these features, see http://go.microsoft.com/fwlink/?LinkId=148744. 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.
- Automatic Updates. Software with Click-to-Run technology may check with Microsoft now and then for updates and supplements. If the software finds updates and supplements, it might download and install them on your licensed device.
- Microsoft SpyNet Participation. When you install the software, Microsoft SpyNet allows users to become part of a network community of users that report spyware and other forms of Potentially Unwanted Software to Microsoft. Upon initial installation, users will be opted-in by default to participate in Microsoft SpyNet under a “basic” membership, which allows the software to report potential threats identified in the software that have not yet been analyzed for risks. The reports include information about the files or programs in question. For more information about Microsoft SpyNet and the information collected for reports, see the privacy statement at http://go.microsoft.com/fwlink/?LinkId=148744.
- Malicious Software Removal. The software will check for and remove certain high severity malicious software (“Malware”) stored on your device during scheduled scans and when you select this action. When the software checks your device for Malware, a report will be sent to Microsoft about any Malware detected or errors that occur while the software is checking for Malware, specific information relating to the detection, errors that occurred while the software was checking for Malware, and other information about your device that will help us improve this and other Microsoft products and services. No information that can be used to identify you is included in the report.
- Potentially Unwanted Software. The software will search your computer for low to medium severity Malware, including but not limited to, spyware, and other potentially unwanted software (“Potentially Unwanted Software”). The software will only remove or disable low to medium severity Potentially Unwanted Software if you agree. Removing or disabling this Potentially Unwanted Software may cause other software on your computer to stop working, and it may cause you to breach a license to use other software on your computer, if the other software installed this Potentially Unwanted Software on your computer as a condition of your use of the other software. You should read the license agreements for other software before authorizing the removal of this Potentially Unwanted Software. By using this software, it is possible that you or the system will also remove or disable software that is not Potentially Unwanted Software.
- Error Reports. This software automatically sends error reports to Microsoft that describe which software components had errors. No files or memory dumps will be sent unless you choose to send them. From time-to-time, we will also download a small file to your computer that permits us to collect information about specific errors you have while using the software. For more information about Error Reports, see http://go.microsoft.com/fwlink/?LinkId=148744.
ii. Use of Information. We may use the computer information, error reports, CEIP information, and Malware reports, 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.
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
- 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.
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 ANOTHER DEVICE. You may uninstall the software and install it on another device for your use. You may not do so to share this license between devices.
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 http://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.