MICROSOFT SOFTWARE LICENSE TERMS

MICROSOFT DYNAMICS 365 SOFTWARE DEVELOPMENT KIT

These license terms are an agreement between you and Microsoft Corporation (or o
ne of its affiliates). They apply to the software named above and any Microsoft
services or software updates (except to the extent such services or updates are
accompanied by new or additional terms, in which case those different terms appl
y prospectively and do not alter your or Microsofts rights relating to pre-update
d software or services). IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RI
GHTS BELOW. BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS.
1. INSTALLATION AND USE RIGHTS.
a. General. You may install and use any number of copies of the software to deve
lop and test your applications.
b. Third Party Software. The software may include third party applications that
Microsoft, not the third party, licenses to you under this agreement. Any includ
ed notices for third party applications are for your information only.
2. DISTRIBUTABLE CODE. The software may contain code you are permitted to distri
bute (i.e. make available for third parties) in applications you develop, as des
cribed in this Section.
a. Distribution Rights. The code and test files described below are distributabl
e if included with the software.
i. Sample Code. You may copy, modify, and distribute the source and object code
form of code marked as sample.
ii. Other Distributable Code. You may copy and distribute the object code form o
f code if it is a file with the extension *.dll.
iii. Icons. You may copy and distribute the icons in the Image Library as descri
bed in the software documentation.
iv. Image Library. You may copy and distribute images and animations in the Imag
e Library as described in the software documentation. You may also modify that c
ontent. If you modify the content, it must be for use that is consistent with th
e permitted use of the unmodified content.
v. Third Party Distribution. You may permit distributors of your applications to
copy and distribute any of this distributable code you elect to distribute with
your applications.
b. Distribution Requirements. For any code you distribute, you must:
i. add significant primary functionality to it in your applications;
ii. require distributors and external end users to agree to terms that protect i
t and Microsoft at least as much as this agreement; and
iii. indemnify, defend, and hold harmless Microsoft from any claims, including a
ttorneys fees, related to the distribution or use of your applications, except to
the extent that any claim is based solely on the unmodified distributable code.
c. Distribution Restrictions. You may not:
i. use Microsofts trademarks or trade dress in your application in any way that s
uggests your application comes from or is endorsed by Microsoft; or
ii. modify or distribute the source code of any distributable code so that any p
art of it becomes subject to any license that requires that the distributable co
de, any other part of the software, or any of Microsofts other intellectual prope
rty be disclosed or distributed in source code form, or that others have the rig
ht to modify it.
3. SCOPE OF LICENSE. The software is licensed, not sold. Microsoft reserves all
other rights. Unless applicable law gives you more rights despite this limitatio
n, you will not (and have no right to):
a. work around any technical limitations in the software that only allow you to
use it in certain ways;
b. reverse engineer, decompile, or disassemble the software, or attempt to do so
, except and only to the extent permitted by licensing terms governing the use o
f open-source components that may be included with the software;
c. remove, minimize, block, or modify any notices of Microsoft or its suppliers
in the software;
d. use the software in any way that is against the law or to create or propagate
 malware; or
e. share, publish, distribute, or lend the software (except for any distributabl
e code, subject to the terms above), provide the software as a stand-alone hoste
d solution for others to use, or transfer the software or this agreement to any
third party.
4. EXPORT RESTRICTIONS. You must comply with all domestic and international expo
rt laws and regulations that apply to the software, which include restrictions o
n destinations, end users, and end use. For further information on export restri
ctions, visit (aka.ms/exporting).
5. SUPPORT SERVICES. Microsoft is not obligated under this agreement to provide
any support services for the software. Any support provided is as is, with all faul
ts, and without warranty of any kind.
6. UPDATES. The software may periodically check for updates, and download and in
stall them for you. You may obtain updates only from Microsoft or authorized sou
rces. Microsoft may need to update your system to provide you with updates. You
agree to receive these automatic updates without any additional notice. Updates
may not include or support all existing software features, services, or peripher
al devices.
7. TERMINATION. Without prejudice to any other rights, Microsoft may terminate t
his agreement if you fail to comply with any of its terms or conditions. In such
event, you must destroy all copies of the software and all of its component par
ts.
8. ENTIRE AGREEMENT. This agreement, and any other terms Microsoft may provide f
or supplements, updates, or third-party applications, is the entire agreement fo
r the software.
9. 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 countr
y, its laws apply. If U.S. federal jurisdiction exists, you and Microsoft consen
t to exclusive jurisdiction and venue in the federal court in King County, Washi
ngton for all disputes heard in court. If not, you and Microsoft consent to excl
usive jurisdiction and venue in the Superior Court of King County, Washington fo
r all disputes heard in court.
10. 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 so
ftware in one of the below regions, or mandatory country law applies, then the f
ollowing provisions apply to you:
a) Australia. You have statutory guarantees under the Australian Consumer Law an
d nothing in this agreement is intended to affect those rights.
b) Canada. If you acquired this software in Canada, you may stop receiving updat
es by turning off the automatic update feature, disconnecting your device from t
he Internet (if and when you re-connect to the Internet, however, the software w
ill resume checking for and installing updates), or uninstalling the software. T
he product documentation, if any, may also specify how to turn off updates for y
our specific device or software.
c) Germany and Austria.
(i) Warranty. The properly licensed software will perform substantially as d
escribed in any Microsoft materials that accompany the software. However, Micros
oft gives no contractual guarantee in relation to the licensed software.
(ii) Limitation of Liability. In case of intentional conduct, gross negligenc
e, claims based on the Product Liability Act, as well as, in case of death or pe
rsonal or physical injury, Microsoft is liable according to the statutory law.
Subject to the foregoing clause (ii), Microsoft will only be liable for slight n
egligence if Microsoft is in breach of such material contractual obligations, th
e fulfillment of which facilitate the due performance of this agreement, the bre
ach of which would endanger the purpose of this agreement and the compliance wit
h which a party may constantly trust in (so-called "cardinal obligations"). In o
ther cases of slight negligence, Microsoft will not be liable for slight neglige
nce.
11. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED AS IS. YOU BEAR THE RISK OF U
SING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS. TO TH
E EXTENT PERMITTED UNDER APPLICABLE LAWS, MICROSOFT EXCLUDES ALL IMPLIED WARRANT
IES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRIN
GEMENT.
12. LIMITATION ON AND EXCLUSION OF DAMAGES. IF YOU HAVE ANY BASIS FOR RECOVERING
DAMAGES DESPITE THE PRECEDING DISCLAIMER OF WARRANTY, YOU CAN RECOVER FROM MICR
OSOFT 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, conte
nt (including code) on third party Internet sites, or third party applications;
and (b) claims for breach of contract, warranty, guarantee, or condition; strict
liability, negligence, or other tort; or any other claim; in each case to the e
xtent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibilit
y of the damages. The above limitation or exclusion may not apply to you because
your state, province, or country may not allow the exclusion or limitation of i
ncidental, consequential, or other damages.