RE: sql server 2000 and sql server ce are free on which scenarios?

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Date: Tue, 10 Aug 2004 16:03:37 GMT

Enclosed is a copy of the SQL Server CE 2.0 License agreement. This can be
found as part of the server tools install package downloadable at
http://www.microsoft.com/sql/ce. In general SQL Server CE is a free
product, however SQL Server 2000 will need to be licensed. See the
enclosed EULA for details.

--------------------------------

MICROSOFT SQL SERVER 2000 WINDOWS CE
VERSION 2.0
DEVELOPER AND TEST EDITION
END-USER LICENSE AGREEMENT

IMPORTANT-READ CAREFULLY: This 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 identified above, which
includes computer software and may include associated media, printed
materials, and “online” or electronic documentation (“Software”). YOU
AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR
OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY OR
USE THE SOFTWARE.

NOTE: YOU MAY ONLY USE MICROSOFT SQL SERVER 2000 WINDOWS CE VERSION 2.0
DEVELOPER AND TEST EDITION IN CONJUNCTION WITH EITHER OR BOTH OF THE
FOLLOWING MICROSOFT PRODUCTS: MICROSOFT EMBEDDED VISUAL TOOLS 3.0 OR
MICROSOFT EMBEDDED VISUAL C++4.0. IF YOU DO NOT HAVE A VALID LICENSE FOR
EITHER OF THE PRODUCTS SPECIFIED IN THE PRECEDING SENTENCE, YOU ARE NOT
AUTHORIZED TO INSTALL, COPY, DOWNLOAD, ACCESS OR OTHERWISE USE SQL SERVER
2000 WINDOWS CE EDITION - DEVELOPER AND TEST EDITION.

The Software is protected by copyright and other intellectual property laws
and treaties. Microsoft or its suppliers own the title, copyright, and
other intellectual property rights in the Software. The Software is
licensed, not sold.

1. GRANT OF LICENSE. Microsoft grants you the following rights provided
you comply with all terms and conditions of this EULA. Microsoft grants
you a nonexclusive, personal license to make and use copies of the Software
on any number of your computers solely for the purposes of designing,
developing and testing your software products according to the terms of
this EULA. See Section 3 below for redistribution rights.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
a. Documentation. With respect to electronic and other documentation, you
may make any number of copies (either in hard copy or electronic form)
provided that such copies shall be used only for internal purposes and are
not republished or distributed beyond your premises.
b. Benchmark Testing. You may not disclose the results of any benchmark
test of the Software or any component thereof to any third party without
Microsoft’s prior written approval.
3. USE OF SAMPLE/REDISTRIBUTABLE CODE. You may install and use copies of
the Software on one or more computers located at your premises solely for
the purpose of designing, developing and testing your software products
(“Applications”). You may modify the Sample Code (identified in the
“samples” directories) and use the Sample Code, as modified, on one or more
computers located at your premises. You may also reproduce and distribute
the Sample Code, along with any modifications you make thereto (for
purposes of this section, “modifications” shall mean enhancements to the
functionality of the Sample Code), and any other files that may be listed
and identified in a REDIST.TXT file as “redistributable” (collectively, the
“Redistributable Code”) provided that you agree: (1) to distribute the
Redistributable Code in object code form and only in conjunction with your
Application, which Application adds significant and primary functionality
to the Redistributable Code; (2) not to use Microsoft’s name, logo, or
trademarks to market the Application; (3) to include a valid copyright
notice in your name on the Application; (4) 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 the
Application; (5) to otherwise comply with the terms of this EULA; and (6)
that Microsoft reserves all rights not expressly granted. Your license
rights to the Redistributable Code are conditioned upon your (a) not
incorporating Identified Software into or combining Identified Software
with the Redistributable Code or a derivative work thereof; (b) not
distributing Identified Software in conjunction with the Redistributable
Code or a derivative work thereof; and (c) not using Identified Software in
the development of a derivative work of the Redistributable Code.
“Identified Software” means software which is licensed pursuant to terms
that directly or indirectly (i) create, or purport to create, obligations
for Microsoft with respect to the Redistributable 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 Redistributable Code or derivative work thereof. Identified
Software includes, without limitation, any software that requires as a
condition of use, modification and/or distribution of such software that
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.
4. NO RENTAL/NO COMMERCIAL HOSTING. You may not rent, lease, lend, or
provide commercial hosting services to third parties with the Software.
5. RESERVATION OF RIGHTS. Microsoft reserves all rights not expressly
granted to you in this EULA.
6. ADDITIONAL SOFTWARE. This EULA applies to updates, supplements, add-on
components of the Software that Microsoft may provide to you or make
available to you after the date you obtain you initial copy of the
Software, unless we provide other terms along with the update, supplement
or add-on component.
7. LIMITATION ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You
may not reverse engineer, decompile, or disassemble the Software, except
and only to the extent that it is expressly permitted by applicable law
notwithstanding this limitation.
8. TERMINATION. Without prejudice to any other rights, Microsoft may cancel
this EULA if you do not abide by the terms and conditions of this EULA, in
which case you must destroy all copies of the Software and all of its
component parts.
9. CONSENT TO USE OF DATA. You agree that Microsoft and its affiliates may
collect and use technical information gathered in any manner as part of the
product support services provided to you, if any, related to the Software.
Microsoft may use this information solely to improve our products or to
provide customized services or technologies to you. Microsoft may disclose
this information to others, but not in a form that personally identifies
you.
 10. EXPORT RESTRICTIONS. You acknowledge that Software is subject to U.S.
export jurisdiction. You agree to comply with all applicable international
and national laws that apply to the Software, 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/>.
11. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, MICROSOFT AND ITS SUPPLIERS PROVIDE THE SOFTWARE AND
SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM
ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR
CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF
RELIABILITY OR AVAILABILITY, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF
RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF
NEGLIGENCE, ALL WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR
FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES. ALSO, THERE IS NO WARRANTY
OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO
DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.
12. 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 or confidential or other information, for business
interruption, for personal injury, for loss of privacy, for failure to meet
any duty including of good faith or of reasonable care, for negligence, and
for 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, the provision
of or failure to provide Support Services, or otherwise under or in
connection with any provision of this EULA, even in the event of the fault,
tort (including negligence), strict liability, breach of contract or breach
of warranty of Microsoft or any supplier, and even if Microsoft or any
supplier has been advised of the possibility of such damages.
13. 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 OR
U.S.$5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS
(INCLUDING SECTIONS 11, AND 12 ABOVE) SHALL APPLY TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
14. U.S. GOVERNMENT LICENSE RIGHTS. All Software provided to the U.S.
Government pursuant to solicitations issued on or after December 1, 1995 is
provided with the commercial license rights and restrictions described
elsewhere herein. All Software 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 DFAR, 48
CFR 252.227-7013 (OCT 1988), as applicable.
15. APPLICABLE LAW. If you acquired this Software in the United States,
this EULA is governed by the laws of the State of Washington. If you
acquired this Software in Canada, unless expressly prohibited by local law,
this EULA is governed by the laws in force in the Province of Ontario,
Canada; and, in respect of any dispute which may arise hereunder, you
consent to the jurisdiction of the federal and provincial courts sitting in
Toronto, Ontario. If this Software was acquired outside the United States,
then local law may apply.
16. TRANSFER. The initial user of the Software may make a one-time transfer
of the Software to another end user. The transfer has to include all
component parts, media, printed materials, this EULA, and if applicable,
the Certificate of Authenticity. The transfer may not be an indirect
transfer, such as a consignment. Prior to the transfer, the end user
receiving the transferred Software must agree to all the EULA terms.
17. ENTIRE AGREEMENT. This EULA, including any addendum or amendment to
this EULA which is included with the Software, are the entire agreement
between you and Microsoft relating to the Software and the support services
(if any) and they supersede all prior or contemporaneous oral or written
communications, proposals and representations with respect to the Software
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.

Jon Heide
SQL Server CE Team

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Everything you need to know about SQL Server CE:
http://www.microsoft.com/sql/ce/techinfo/default.asp

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• Previous message: Ginny Caughey [MVP]: "Re: sql server 2000 and sql server ce are free on which scenarios?"
• In reply to: Luminal: "sql server 2000 and sql server ce are free on which scenarios?"
• Messages sorted by: [ date ] [ thread ]