Re: DDK EULA / using sample source in commercial projects
- From: "Maxim S. Shatskih" <maxim@xxxxxxxxxxxxxxxx>
- Date: Tue, 22 Nov 2005 22:15:56 +0300
Write the derived code which will do the same using the same documented
APIs. This will be perfect.
--
Maxim Shatskih, Windows DDK MVP
StorageCraft Corporation
maxim@xxxxxxxxxxxxxxxx
http://www.storagecraft.com
"Alan Whiteley" <aj_whiteley@xxxxxxxxxxx> wrote in message
news:43821ea7$0$5385$9a6e19ea@xxxxxxxxxxxxxxxxxxxxxxxxxxxx
> Hi--
>
> My employer has a DDK license. I'm not sure of the exact licensing
> details (e.g. which flavor if there are indeed flavors).
>
> We would like to include some code from the DDK in a utility we are
> developing. The project in the DDK is called DevCon. So: We'd like to
> include/use some source from DevCon for an installer we are writing.
>
> We don't want to actually use the DevCon utility executable. We just
> want to use some of the source code from the utility which will be
> compiled into a new utility that does other things beyond what DevCon
> does at the moment. But it is a commercial project and could be going on
> potentially tens of thousands of CDs.
>
> Can someone categorically say 'Yes, you can use code from the DevCon
> project for your own utility. Don't be stupid, that's what its there for.'
>
> Or can someone say 'No, you can't use code from DevCon in your own
> project because its not redistributable, can't you read?.'
>
> Or can someone point me in the direction of a more developer-friendly
> FAQ or some other resource that won't require a lawyer to understand
> (the EULA below is just plain confusing)?
>
> Or, if its a gray area, can someone tell me which department at
> Microsoft to contact?
>
> In the EULA it says:
> "You may also reproduce and distribute the Sample Code in object code
> form along with any modifications you make to the Sample Code, provided
> you comply with the Distribution Requirements described below."
>
> There is no section in the EULA titled 'Distribution Requirements', but
> there is a section called 'Redistribution Requirements'. In the
> redistribution requirements it says (amongst other things not applicable
> to a utility):
>
> "Contact Microsoft for the applicable royalties due and other licensing
> terms for all other uses and/or distribution of the Sample Code."
>
> Further, there is text on the page describing DevCon
> (http://support.microsoft.com/default.aspx?scid=kb;EN-US;Q311272) which
> says:
>
> "DevCon is not redistributable. It is provided for use as a debugging
> and development tool. You can freely modify DevCon for *private* (my
> emphasis) use. The sample demonstrates how to use the SetupAPI and
> CfgMgr32 functions together effectively to enumerate devices and perform
> device operations."
>
> I'm not a a lawyer. And the EULA that comes with the DDK seems to be
> confusing if not inconsistent when viewed in light of other text that
> governs individual utilities included on the DDK.
>
> The EULA is below. Apolgies about the length.
>
> thanks in advance
>
> Alan
>
> ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
> END-USER LICENSE AGREEMENT FOR THE MICROSOFT WINDOWS DRIVER DEVELOPMENT KIT
>
> IMPORTANT-READ CAREFULLY: This Microsoft End-User License Agreement
> ("EULA") is a legal agreement between you (either an individual or a
> single entity) and Microsoft Corporation for the Microsoft software
> product identified above, which includes computer software and may
> include associated media, printed materials, additional computer
> software applications, and "online" or electronic documentation
> ("SOFTWARE PRODUCT"). By downloading, installing, copying, or otherwise
> using the SOFTWARE PRODUCT, you agree to be bound by the terms of this
> EULA. If you do not agree to the terms of this EULA, do not install or
> use the SOFTWARE PRODUCT; you may however, return it to your place of
> purchase for a full refund.
>
> SOFTWARE PRODUCT LICENSE
>
> The SOFTWARE PRODUCT is protected by copyright laws and international
> copyright treaties, as well as other intellectual property laws and
> treaties. The SOFTWARE PRODUCT is licensed, not sold.
>
> 1. GRANT OF LICENSE. This EULA grants you the following rights:
>
> a. SOFTWARE PRODUCT. You may install and use five (5) copies of the
> SOFTWARE PRODUCT on computers, including workstations, terminals or
> other digital electronic devices ("COMPUTERS") to design, develop and
> test drivers ("Drivers") for use with Microsoft Windows Me, Microsoft
> Windows 2000 Professional, Microsoft Windows 2000 Server, Microsoft
> Windows 2000 Advanced Server, Microsoft Windows 2000 Datacenter Server,
> Microsoft Windows XP, and Microsoft Windows XP Service Pack 1 operating
> system products and any Microsoft operating system product that is a
> successor to any of the foregoing (each an "OS Product").
>
> b. Sample Code. You may modify the sample source code ("Sample Code")
> to design, develop and test your Drivers for an applicable OS Product.
> You may also reproduce and distribute the Sample Code in object code
> form along with any modifications you make to the Sample Code, provided
> you comply with the Distribution Requirements described below. For
> purposes of this section, "modifications" shall mean enhancements to the
> functionality of the Sample Code.
>
> c. Redistribution Requirements. You may reproduce and distribute an
> unlimited number of copies of the Sample Code as described above in
> object code form, provided that: (i) you distribute the Sample Code only
> in conjunction with and as a part of your Drivers for the applicable OS
> Product; (ii) the Sample Code only operates in conjunction with an
> applicable OS Product identified in Section 1(a) above; (iii) you do not
> use Microsoft's name, logo, or trademarks to advertise, market or
> promote your Drivers for the applicable OS Product without the express
> written permission of Microsoft; (iv) you include a valid copyright
> notice on your Drivers for the applicable OS Product; (v) you agree to
> indemnify, hold harmless, and defend Microsoft from and against any
> claims or lawsuits, including attorney's fees, that arise or result from
> the use or distribution of your Drivers. Contact Microsoft for the
> applicable royalties due and other licensing terms for all other uses
> and/or distribution of the Sample Code.
>
> 2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
>
> a. Limitations on Reverse Engineering, Decompilation, and Disassembly.
> You may not reverse engineer, decompile, or disassemble the SOFTWARE
> PRODUCT, except and only to the extent that such activity is expressly
> permitted by applicable law notwithstanding this limitation.
>
> b. Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.
>
> c. Support Services. Microsoft may provide you with support services
> related to the SOFTWARE PRODUCT ("Support Services"). Use of Support
> Services is governed by the Microsoft policies and programs described in
> the user manual, in "online" documentation, and/or in other
> Microsoft-provided materials. Any supplemental software code provided
> to you as part of the Support Services shall be considered part of the
> SOFTWARE PRODUCT and subject to the terms and conditions of this EULA.
> With respect to technical information you provide to Microsoft as part
> of the Support Services, Microsoft may use such information for its
> business purposes, including for product support and development.
> Microsoft will not utilize such technical information in a form that
> personally identifies you.
>
> d. Software Transfer. You may permanently transfer of all of your
> rights under this EULA, provided you retain no copies, you transfer all
> of the SOFTWARE PRODUCT (including all component parts, the media and
> printed materials, any upgrades, this EULA, and, if applicable, the
> Certificate of Authenticity), and the recipient agrees to the terms of
> this EULA. If the SOFTWARE PRODUCT is an upgrade, any transfer must
> include all prior versions of the SOFTWARE PRODUCT.
>
> e. Termination. Without prejudice to any other rights, Microsoft may
> terminate this EULA if you fail to comply with the terms and conditions
> of this EULA. In such event, you must destroy all copies of the
> SOFTWARE PRODUCT and all of its component parts.
>
> f. Publicly Available Software. Your license rights to the Sample Code
> are conditioned upon you (a) not incorporating Identified Software into,
> or combining Identified Software with, the Sample Code or a derivative
> work thereof; (b) not distributing Identified Software in conjunction
> with the Sample Code or a derivative work thereof; and (c) not using
> Identified Software in the development of a derivative work of the
> Sample Code. "Identified Software" means software which is licensed
> pursuant to terms that (i) create, or purport to create, obligations for
> Microsoft with respect to the Sample Code or derivative work thereof or
> (ii) grant, or purport to grant, to any third party any rights or
> immunities under Microsoft's intellectual property or proprietary rights
> in the Sample Code or derivative work thereof. Identified Software
> includes, without limitation, "Publicly Available Software". "Publicly
> Available Software" means any software that requires as a condition of
> use, modification and/or distribution of such software that such
> software or other software incorporated into, derived from or
> distributed with such software be (a) disclosed or distributed in source
> code form; (b) be licensed for the purpose of making derivative works;
> or (c) be redistributable at no charge.
>
> 3. INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property
> rights in and to the SOFTWARE PRODUCT (including but not limited to any
> images, photographs, animations, video, audio, music, text and "applets"
> incorporated into the SOFTWARE PRODUCT), and any copies you are
> permitted to make herein are owned by Microsoft or its suppliers. All
> title and intellectual property rights in and to the content which may
> be accessed through use of the SOFTWARE PRODUCT is the property of the
> respective content owner and may be protected by applicable copyright or
> other intellectual property laws and treaties. This EULA grants you no
> rights to use such content. If this SOFTWARE PRODUCT contains
> documentation which is provided only in electronic form, you may print
> one copy of such electronic documentation. You may not copy the printed
> materials accompanying the SOFTWARE PRODUCT.
>
> 4. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT provided to
> the U.S. Government pursuant to solicitations issued on or after
> December 1, 1995 is provided with the commercial rights and restrictions
> described elsewhere herein. The SOFTWARE PRODUCT provided to the U.S.
> Government pursuant to solicitations issued prior to December 1, 1995 is
> provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14
> (JUNE 1987) or FAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
>
> 5. EXPORT RESTRICTIONS. You acknowledge that the SOFTWARE PRODUCT is of
> U.S. origin. You agree to comply with all applicable international and
> national laws that apply to the SOFTWARE PRODUCT, including the U.S.
> Export Administration Regulations, as well as end-user, end-use and
> destination restrictions issued by U.S. and other governments. For
> additional information, see <http://www.microsoft.com/exporting/>.
>
> 6. DISCLAIMER OF WARRANTIES. To the maximum extent permitted by
> applicable law, Microsoft and its suppliers provide to you the SOFTWARE
> PRODUCT and Support Services AS IS AND WITH ALL FAULTS; and Microsoft
> and its suppliers hereby disclaim with respect to the SOFTWARE PRODUCT
> and Support Services all warranties and conditions, whether express,
> implied or statutory, including, but not limited to, any (if any)
> warranties, duties or conditions of or related to: merchantability,
> fitness for a particular purpose, lack of viruses, accuracy or
> completeness of responses, results, workmanlike effort and lack of
> negligence. ALSO THERE IS NO WARRANTY, DUTY OR CONDITION OF TITLE,
> QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR
> NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF
> THE SOFTWARE PRODUCT AND ANY SUPPORT SERVICES REMAINS WITH YOU.
>
> 7. EXCLUSION OF 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 SPECIAL, INCIDENTAL,
> INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT
> NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR
> OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF
> PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF
> REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS
> WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR
> INABILITY TO USE THE SOFTWARE PRODUCT OR THE SUPPORT SERVICES, OR THE
> PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER
> OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IF MICROSOFT OR
> ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
>
> 8. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages
> that you might incur for any reason whatsoever (including, without
> limitation, all damages referenced above and all direct or general
> damages), the entire liability of Microsoft and any of its suppliers
> under any provision of this EULA and your exclusive remedy for all of
> the foregoing shall be limited to the greater of the amount actually
> paid by you for the SOFTWARE PRODUCT 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.
>
> 9. APPLICABLE LAW. This EULA shall be construed and controlled by the
> laws of the State of Washington, and you consent to the jurisdiction and
> venue in the federal courts sitting in King County, Washington, unless
> no federal subject matter jurisdiction exists, in which case you consent
> to the jurisdiction and venue in the Superior Court of King County,
> Washington. You waive all defenses of lack of personal jurisdiction and
> forum non conveniens. Process may be served on either party in the
> manner authorized by applicable law or court rule. If either Microsoft
> or you employ attorneys to enforce any rights arising out of or relating
> to this EULA, the prevailing party shall be entitled to recover
> reasonable attorneys' fees.
>
> 10. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to
> this EULA which is included with the SOFTWARE PRODUCT) is the entire
> agreement between you and Microsoft relating to the SOFTWARE PRODUCT and
> the Support Services (if any) and it supersedes all prior or
> contemporaneous oral or written communications, proposals and
> representations with respect to the SOFTWARE PRODUCT or any other
> subject matter covered by this EULA. To the extent the terms of any
> Microsoft policies or programs for Support Services conflict with the
> terms of this EULA, the terms of this EULA shall control.
>
> 11. QUESTIONS? Should you have any questions concerning this EULA, or
> if you desire to contact Microsoft for any reason, please contact the
> Microsoft subsidiary serving your country, or write: Microsoft DDK
> Development/One Microsoft Way/Redmond, WA 98052-6399.
.
- References:
- DDK EULA / using sample source in commercial projects
- From: Alan Whiteley
- DDK EULA / using sample source in commercial projects
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