In <[EMAIL PROTECTED]>, on 05/01/00 
   at 11:35 AM, "David R. Conrad" <[EMAIL PROTECTED]> said:

>Hi,

>Because they want you to agree to their licensing terms for the
>specification, the executive summary of which would most likely be:

>"... the Specification is provided to you solely for your informational
>purposes (for review as specified above) and, pursuant to this Agreement,
>Microsoft does not grant you any right to implement this Specification."

>I imagine you can't force people to say "yes" to see the doc if it is in
>PDF.

It's even worse. The morons are trying to claim "trade secret" status for
a specification that they are publishing on the internet. Too bad the
Justice Dept can't just dissolve these SOB's rather than split them up.

Oh well at least there are anonymous remailers. :)


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
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. 

1. LICENSE. 

a. Provided that you comply with all terms and conditions of this
Agreement, including without limitation subsections (b)-(d) below,
Microsoft grants to you the following non-exclusive, worldwide,
royalty-free, non-transferable, non-sublicenseable license, under any
copyrights or trade secrets owned or licensable by Microsoft without
payment of consideration to unaffiliated third parties, to reproduce and
use a reasonable number of copies of the Specification in its entirety for
the sole purpose of reviewing the Specification for security analysis. By
way of clarification of the foregoing, the Specification is provided to
you solely for your informational purposes (for review as specified above)
and, pursuant to this Agreement, Microsoft does not grant you any right to
implement this Specification. 

b. The Specification is confidential information and a trade secret of
Microsoft. Therefore, you may not disclose the Specification to anyone
else (except as specifically allowed below), and you must take reasonable
security precautions, at least as great as the precautions you take to
protect your own confidential information, to keep the Specification
confidential. If you are an entity, you may disclose the Specification to
your full-time employees on a need to know basis, provided that you have
executed appropriate written agreements with your employees sufficient to
enable you to comply with the terms of this Agreement. You are also
permitted to discuss the Specification with anyone else who has downloaded
the Specification and agreed to these terms and conditions. 

c. You may not remove any of the copyright notices or other legends from
any copy of the Specification. 

d. Microsoft reserves all other rights it may have in the Specification
and any intellectual property therein. Microsoft may have patents or
pending patent applications, trademarks, copyrights, trade secrets or
other intellectual property rights covering 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
subsection (a) above with respect to certain copyrights and trade secrets.


2. ADDITIONAL LIMITATIONS. 

a. The foregoing license is applicable only to the version of the
Specification which you are about to download. It does not apply to any
additional versions of or extensions to the Specification. 

b. Without prejudice to any other rights, Microsoft may terminate this
Agreement if you fail to comply with its terms and conditions. In such
event you must destroy all copies of the Specification in your possession
or under your control. 

3. INTELLECTUAL PROPERTY RIGHTS. All ownership, title and intellectual
property rights in and to the Specification are owned by Microsoft or its
suppliers. 

4. DISCLAIMER OF WARRANTIES. To the maximum extent permitted by applicable
law, Microsoft and its suppliers provide the Specification (and all
intellectual property therein) AS IS AND WITH ALL FAULTS, and hereby
disclaim all warranties and conditions, either express, implied or
statutory, including, but not limited to, any (if any) implied warranties
or conditions of merchantability, of fitness for a particular purpose, and
of accuracy or completeness, all with regard to the Specification and any
intellectual property therein. ALSO, THERE IS NO WARRANTY OR CONDITION OF
TITLE OR NON-INFRINGEMENT WITH REGARD TO THE SPECIFICATION AND ANY
INTELLECTUAL PROPERTY THEREIN. 

5. EXCLUSION OF DIRECT, 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 DIRECT, SPECIAL,
INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR FOR BUSINESS INTERRUPTION)
ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE
SPECIFICATION, ANY INTELLECTUAL PROPERTY THEREIN, OR OTHERWISE UNDER OR IN
CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IF MICROSOFT OR ANY
SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

6. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that
you might incur for any reason whatsoever, 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. 

7. APPLICABLE LAW. This Agreement is governed by the laws of the State of
Washington. 

8. 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.

-- 
---------------------------------------------------------------
William H. Geiger III                    http://www.openpgp.net  
Geiger Consulting    

Data Security & Cryptology Consulting
Programming, Networking, Analysis
 
PGP for OS/2:                   http://www.openpgp.net/pgp.html
---------------------------------------------------------------


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