Is the MSR-EULA license free?
I am considering packaging the TLA software suite, which is available
I am however not sure about the license (in attachement). It seems quite
non-free to me, but I may be wrong, so I'm asking for your advice on
Thanks for your time, dudes.
Il ne faut pas confondre « La société m'opprime » et « le système
m'étrique ». --- éphéméride du 19 juin
1) Where the following copyright notice appears:
Copyright (c) 2003 Compaq Corporation. All rights reserved.
Portions Copyright (c) 2003 Microsoft Corporation. All rights reserved. or
Copyright (c) 2003 Microsoft Corporation. All rights reserved.
that code is licensed as follows:
This Microsoft Research end user license agreement ("MSR-EULA") is a
legal agreement between you and Microsoft Corporation
("Microsoft" or "we") for the software identified above,
which includes source code, and any associated materials and "online"
or electronic documentation (together, the "Software").
By installing, copying, or otherwise using the Software, found at
http://research.microsoft.com/downloads, you agree to be bound by the
terms of this MSR-EULA. If you do not agree, do not install, copy or
use the Software. The Software is protected by copyright and other
intellectual property laws and is licensed, not sold.
Upon your agreement to the terms below, you may do anything you want
with the Software source code for research, teaching purposes, or
internal use, free of charge, provided that you agree to the
(a) To leave in place all copyright notices and licensing information
that you might find in the Software.
(b) That you will not use the Software in a live operating environment
where it may be relied upon to perform in the same manner as a
commercially released product, or with data that has not been
sufficiently backed up.
(c) That any feedback about the Software provided by you to us is
voluntarily given, and Microsoft shall be free to use the feedback as
it sees fit without obligation or restriction of any kind, even if the
feedback is designated by you as confidential.
(d) To make freely available to others the source code or data of any
modifications or additions you make to the Software, and any related
documentation, solely and exclusively under the same terms as this
(e) That Microsoft is granted back, without limitations, the rights to
reproduce, install, use, modify, distribute and transfer your
modifications to the Software source code or data.
(f) NO WARRANTIES WHATSOEVER: That the Software comes "AS IS",
with all faults and with no warranties, conditions or
representations. The implied warranties of merchantability and fitness
for a particular purpose, and any warranty against interference with
your enjoyment of the Software or against infringement, do not apply
to the Software. The entire risk as to satisfactory quality,
performance, accuracy, and effort concerning the Software is assumed
by you. There is no warranty that this Software will fulfill any of
your particular purposes or needs.
(g) That we have no duty of reasonable care or lack of negligence, and
we are not obligated to (and will not) provide technical support for
(h) That we will not be liable for any damages, including those known
as direct, indirect, special, consequential, or incidental damages
related to the Software, this MSR-EULA, or under any legal theory
(such as negligence), to the maximum extent that overriding applicable
(i) That if you sue or threaten to sue anyone over patents that you
think may apply to the Software, or if you breach this MSR-EULA in any
way, your license to the Software ends automatically.
(j) That this MSR-EULA shall be construed and controlled by the laws
of the State of Washington, USA, without regard to conflicts of law.
2) Where the following copyright notice appears: Copyright (c) 2003
Compaq Corporation. All rights reserved.
that code is licensed as follows:
Compaq Computer Corporation, a Delaware corporation with offices at
20555 SH 249, Houston, TX, (COMPAQ) and you the CUSTOMER agree as
Permission is hereby granted, free of charge, to any person obtaining
a copy of this software and associated documentation files (the
"Software"), to deal in the Software without restriction, including
without limitation the rights to use, copy, modify, merge, publish,
distribute, sublicense, and/or sell copies of the Software, and to
permit persons to whom the Software is furnished to do so, subject to
the following conditions:
The above copyright notice and this permission notice shall be
included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT. IN NO EVENT SHALL COMPAQ BE LIABLE FOR ANY CLAIM,
DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR
OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR
THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Except as contained in this notice, the name of COMPAQ shall not be
used in advertising or otherwise to promote the sale, use or other
dealings in this Software without prior written authorization from