MICROSOFT LICENSE AND NON-DISCLOSURE AGREEMENT FOR PRE-RELEASE PRODUCT(S) 1. GRANT OF LICENSE. Microsoft grants you the non-transferrable right to make and use up to ten (10) copies of the enclosed software program (the "PRODUCT") solely for your personal testing and evaluation.. You agree to provide reasonable feedback to Microsoft, including but not limited to usability, bug reports and test results, with respect to the PRODUCT evaluation. You agree to use reasonable efforts to review and comment on all documentation supplied. All bug reports, test results and other feedback made by you shall be the property of Microsoft and may be used by Microsoft for any purpose it sees fit. Due to the nature of the development work, Microsoft is not certain as to when errors or discrepancies in the PRODUCT may be corrected. You may not rent, lease, sell, sublicense, assign, or otherwise transfer this PRODUCT or accompanying written materials ("Documentation"). You may not reverse engineer, decompile, or disassemble the PRODUCT except to the extent that the foregoing restriction is expressly prohibited by applicable law. You must cease use of the PRODUCT upon the earlier of either Microsoft's public release of the commercial version of the PRODUCT, or upon request by Microsoft. 2. PRE-RELEASE CODE. This PRODUCT is pre-release code and is not at the level of performance and compatibility of the final, generally available product offering. The PRODUCT may not operate correctly and may be substantially modified prior to first commercial shipment. 3. COPYRIGHT. The PRODUCT is owned by Microsoft or its suppliers and is protected by United States copyright laws and international treaty provisions. Therefore, you must treat the PRODUCT like any other copyrighted material (e.g. a book or musical recording) except that you may either make one copy of the PRODUCT solely for backup or archival purposes, or (b) transfer the PRODUCT to a single hard disk provided you keep the original solely for backup or archival purposes. You may not copy the Documentation accompanying the PRODUCT. 4. CONFIDENTIALITY. The PRODUCT and Documentation are confidential and proprietary to Microsoft. You agree not to disclose or provide the PRODUCT, Documentation, or any information relating to the PRODUCT (including the existence of the PRODUCT or the results of use or testing) to any other party without Microsoft's written permission. Unauthorized use or disclosure of the PRODUCT or Documentation may cause irreparable harm to Microsoft. You agree to promptly report any unauthorized use or disclosure to Microsoft. 5. Termination. Microsoft may terminate this Agreement in writing at any time, with or without cause. Upon termination, you shall immediately return, or certify destruction of, all full or partial copies of the PRODUCT and all other materials provided by Microsoft. You agree that your obligation regarding non-disclosure of any specific information shall terminate at such time as that specific information is in the public domain through no fault of your own, or upon written consent by Microsoft. DISCLAIMER OF WARRANTY The PRODUCT constitutes pre-release code and may be changed substantially before the first commercial release. The PRODUCT and Documentation are provided "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT FURTHER DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PRODUCT AND DOCUMENTATION REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT OR DOCUMENTATION, EVEN IF MICROSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.