MICROSOFT SOFTWARE EVALUATION LICENSE TERMS FOR VIRTUAL HARD DISK IMAGE WITH

WINDOWS 11, VISUAL STUDIO, AND OTHER MICROSOFT PRODUCTS IDENTIFIED IN EXHIBIT A

By using the virtual machines, you are accepting the EULAs for all the installed products:

• Windows Operating System

• Microsoft Visual Studio Community 2022

These license terms are an agreement between Microsoft Corporation (or based on where you
live, one of its affiliates) and you. Please read them. They apply to the evaluation software
named above and in the Exhibit(s) attached hereto, which includes the media on which you
received it, if any. The individual software titles listed in the Exhibit(s)are ordinarily licensed
separately but are being provided to you under these consolidated license terms for your
convenience. The terms also apply to any updates, supplements, support services or Microsoft
Internet-based services for this software unless other terms accompany those items. If so,
those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO
NOT USE THE SOFTWARE.
 EXHIBIT A
MICROSOFT PRODUCTS INCLUDED IN THE VIRTUAL HARD DISC IMAGE AND EXCEPTIONS AND
ADDITIONAL TERMS FOR THOSE PRODUCTS

Microsoft Exceptions and Additional Terms for Included Products

Product
included in the
Virtual Hard
Disk Image
Windows MICROSOFT SOFTWARE LICENSE TERMS
Operating WINDOWS OPERATING SYSTEM
System
IF YOU LIVE IN (OR IF YOUR PRINCIPAL PLACE OF BUSINESS IS IN) THE
UNITED STATES, PLEASE READ THE BINDING ARBITRATION CLAUSE
AND CLASS ACTION WAIVER IN SECTION 11. IT AFFECTS HOW
DISPUTES ARE RESOLVED.

Thank you for choosing Microsoft!

Depending on how you obtained the Windows software, this is a license
agreement between (i) you and the device manufacturer or software
installer that distributes the software with your device; or (ii) you and
Microsoft Corporation (or, based on where you live or, if a business, where
your principal place of business is located, one of its affiliates) if you
acquired the software from a retailer. Microsoft is the device manufacturer
for devices produced by Microsoft or one of its affiliates, and Microsoft is
the retailer if you acquired the software directly from Microsoft. If you are a
volume license customer, use of this software is subject to your volume
license agreement rather than this agreement.

This agreement describes your rights, obligations, and the conditions upon
which you may use the Windows software. You should review the entire
agreement, including any supplemental license terms that accompany the
software and any linked terms, because all of the terms are important and
together create this agreement that applies to you. You can review linked
terms by pasting the (aka.ms/) link into a browser window.

By accepting this agreement or using the software, you agree to all of

these terms, and consent to the transmission of certain information
during activation and during your use of the software as per the
privacy statement described in Section 3. If you do not accept and
comply with these terms, you may not use the software or its features.
You may contact the device manufacturer or installer, or your retailer if you
purchased the software directly, to determine its return policy and return
the software or device for a refund or credit under that policy. You must
comply with that policy, which might require you to return the software with
the entire device on which the software is installed for a refund or credit, if
any.

1. Overview.
a. Applicability. This agreement applies to the Windows software
that is preinstalled on your device, or acquired from a retailer
and installed by you, the media on which you received the
software (if any), any fonts, icons, images or sound files included
with the software, and also any Microsoft updates, upgrades,
supplements or services for the software, unless other terms
come with them. It also applies to Windows apps developed by
Microsoft that provide functionality such as mail, contacts, music
and photos that are included with and are a part of Windows. If
this agreement contains terms regarding a feature or service not
available on your device, those terms do not apply.

b. Additional terms. Additional Microsoft and third-party terms

may apply to your use of certain features, services and apps,
depending on your device’s capabilities, how it is configured,
and how you use it. Please read them.

(i) Some Windows apps provide an access point to, or rely

on, online services, and the use of those services is
sometimes governed by separate terms and privacy
policies, such as the Microsoft Services Agreement
at https://aka.ms/msa. You can view these terms and
policies by looking at the service terms of use or the
app’s settings, as applicable. The services may not be
available in all regions.

(ii) Microsoft, or the device manufacturer or installer may

include additional apps, which will be subject to separate
license terms and privacy policies.

(iii) The software may include third-party programs that are

licensed to you under this agreement, or under their own
terms. License terms, notices and acknowledgements, if
any, for the third-party programs can be viewed
at https://aka.ms/thirdpartynotices.
 (iv) To the extent included with Windows, Word, Excel,
PowerPoint and OneNote are licensed for your personal,
non-commercial use, unless you have commercial use
rights under a separate agreement.

2. Installation and Use Rights.

a. License. The software is licensed, not sold. Under this
agreement, we grant you the right to install and run one instance
of the software on your device (the licensed device), for use by
one person at a time, so long as you comply with the terms and
restrictions contained in this agreement. Updating or upgrading
from non-genuine software with software from Microsoft or
authorized sources does not make your original version or the
updated/upgraded version genuine, and in that situation, you do
not have a license to use the software.

b. Device. In this agreement, “device” means a local hardware

system (whether physical or virtual) with an internal storage
device capable of running the software. A hardware partition or
blade is considered to be a device.For purposes of this
agreement, “device” does not include any hardware system
(whether physical or virtual) on which the software is installed or
accessed solely for remote use over a network.

c. Restrictions. The device manufacturer or installer and Microsoft

reserve all rights (such as rights under intellectual property laws)
not expressly granted in this agreement and no other rights are
licensed to you. For the avoidance of doubt, this license does not
give you any right to, and you may not(and you may
not permit any other person or entity to):

(i) use or virtualize features of the software separately;

(ii) publish, copy (other than the permitted backup copy),

rent, lease, or lend the software;

(iii) transfer the software (except as permitted by this

agreement);

(iv) work around any technical restrictions or limitations in

the software;
 (v) use the software as server softwareor to operate the
device as a server, except as permitted under Section
2(d)(iii) below; use the software to offer commercial
hosting services; make the software available for
simultaneous use by more than one user over a
network, except as permitted under Section 2(d)(vi)
below;install the software on a server for
remote access or use over a network; or install the
software on a device for use only by remote users;

(vi) reverse engineer, decompile, or disassemble the software,

or attempt to do so, except and only to the extent that
the foregoing restriction is (a) permitted by applicable
law; (b) permitted by licensing terms governing the use
of open-source components that may be included with
the software; or (c) required to debug changes to any
libraries licensed under the GNU Lesser General Public
License that are included with and linked to by the
software; and

(vii) when using Internet-based features you may not use those
features in any way that could interfere with anyone else’s
use of them, or to try to gain access to or use any service,
data, account, or network, in an unauthorized manner.

d. Multi-Use scenarios.
(i) Multiple versions. If when acquiring the software you
were provided with multiple versions (such as 32-bit and
64-bit versions), you may install and activate only one of
those versions at a time.
(ii) Multiple or pooled connections. Hardware or software
you use to multiplex or pool connections, or reduce the
number of devices or users that access or use the software,
does not reduce the number of licenses you need. You may
only use such hardware or software if you have a license for
each instance of the software you are using.

(iv) Device connections. You may allow up to 20 other

devices to access the software installed on the licensed
device solely to use the following software features for
personal or internal purposes: file services, print services,
Internet information services, and Internet connection
sharing and telephony services on the licensed device.
 You may allow any number of devices to access the
software on the licensed device to synchronize data
between devices. This subsection does not mean,
however, that you have the right to install the software,
or use the primary function of the software (other than
the features listed in this subsection), on any of these
other devices.

(v) Use in a virtualized environment. This license allows

you to install only one instance of the software for use on
one device, whether that device is physical or virtual. If
you want to use the software on more than one virtual
device, you must obtain a separate license for each
instance.

(vi) Remote access. No more than once every 90 days, you

may designate a single user who physically uses the
licensed device as the licensed user. The licensed user
may access the licensed device from another device using
remote access technologiesfor a period of up to 365 days
from the last physical use. Other users, at different times,
may access the licensed device from another device using
remote access technologies, but only on devices
separately licensed to run the same or higher edition of
this software.

(vii) Remote assistance. You may use remote assistance

technologies to share an active session without obtaining
any additional licenses for the software. Remote
assistance allows one user to connect directly to another
user’s computer, usually to correct problems.

e. Backup copy. You may make a single copy of the software for
backup purposes, and may also use that backup copy to transfer
the software if it was acquired as stand-alone software, as
described in Section 4 below.

3. Privacy; Consent to Use of Data. Your privacy is important to us.

Some of the software features send or receive information when using
those features. Many of these features can be switched off in the user
interface, or you can choose not to use them. By accepting this
agreement and using the software you agree that Microsoft may
collect, use, and disclose the information as described in the Microsoft
 Privacy Statement at https://aka.ms/privacy, and as may be described
in the user interface associated with the software features.
4. Transfer. The provisions of this section do not apply if you acquired
the software in Germany or in any of the countries listed on this
site https://aka.ms/transfer, in which case any transfer of the software
to a third party, and the right to use it, must comply with applicable
law.

a. Software preinstalled on device. If you acquired the software

preinstalled on a device (and also if you upgraded from software
preinstalled on a device), you may transfer the license to use the
software directly to another user, only with the licensed device.
The transfer must include the software and, if provided with the
device, an authentic Windows label including the product key.
Before any permitted transfer, the other party must agree that
this agreement applies to the transfer and use of the software.

b. Stand-alone software. If you acquired the software as stand-

alone software (and also if you upgraded from software you
acquired as stand-alone software), you may transfer the software
to another device that belongs to you. You may also transfer the
software to a device owned by someone else if (i) you are the
first licensed user of the software and (ii) the new user agrees to
the terms of this agreement. You may use the backup copy we
allow you to make or the media that the software came on to
transfer the software. Every time you transfer the software to a
new device, you must remove the software from the prior device.
You may not transfer the software to share licenses between
devices.

5. Authorized Software and Activation. You are authorized to use this

software only if you are properly licensed and the software has been
properly activated with a genuine product key or by other authorized
method. When you connect to the Internet while using the software,
the software will automatically contact Microsoft or its affiliate to
conduct activation to associate it with a certain device. You can also
activate the software manually by Internet or telephone. In either case,
transmission of certain information will occur, and Internet, telephone
and SMS service charges may apply. During activation (or reactivation
that may be triggered by changes to your device’s components), the
software may determine that the installed instance of the software is
counterfeit, improperly licensed or includes unauthorized changes. If
activation fails, the software will attempt to repair itself by replacing
 any tampered Microsoft software with genuine Microsoft software.
You may also receive reminders to obtain a proper license for the
software. Successful activation does not confirm that the software is
genuine or properly licensed. You may not bypass or circumvent
activation. To help determine if your software is genuine and whether
you are properly licensed, see https://aka.ms/genuine. Certain
updates, support, and other services might be offered only to users of
genuine Microsoft software.

6. Updates. The software periodically checks for system and app

updates, and downloads and installs them for you. You may obtain
updates only from Microsoft or authorized sources, and Microsoft may
need to update your system to provide you with those updates. By
accepting this agreement or using the software, you agree to receive
these types of automatic updates without any additional notice.

7. Hardware Specifications; Downgrade Rights.

a. Hardware Specifications. Certain versions of the Windows software
are only compatible with hardware that meets specified system
requirements as indicated by Microsoft from time to time and
available at https://aka.ms/minhw.

c. Downgrade Rights. If you acquired a device from a

manufacturer or installer with a Professional version of Windows
preinstalled on it and it is configured to run in full feature mode,
you may downgrade to an equivalent edition on a prior version
of Windows Professional, but only for so long as Microsoft
provides support for that earlier version as set forth at
https://aka.ms/windowslifecycle, and supports that earlier
version on your hardware as set forth at
https://aka.ms/minhw. This agreement applies to your use of the
earlier versions. If the earlier version includes different
components, any terms for those components in the agreement
that comes with the earlier version apply to your use of such
components. Neither the device manufacturer or installer, nor
Microsoft, is obligated to supply earlier versions to you. You
must obtain the earlier version separately, for which you may be
charged a fee. At any time, you may replace an earlier version
with the version you originally acquired.

8. Export Restrictions. You must comply with all domestic and

international export laws and regulations that apply to the software,
which include restrictions on destinations, end users, and end use. For
 further information on export restrictions,
visit https://aka.ms/exporting.

9. Warranty, Disclaimer, Remedy, Damages, and Procedures.

a. Limited Warranty. Depending on how you obtained the
Windows software, Microsoft, or the device manufacturer or
installer, warrants that properly licensed software will perform
substantially as described in any Microsoft materials that
accompany the software. This limited warranty does not cover
problems that you cause, that arise when you fail to follow
instructions, or that are caused by events beyond the reasonable
control of Microsoft, or the device manufacturer or installer. The
limited warranty starts when the first user acquires the software,
and lasts for one year if acquired from Microsoft, or for 90 days if
acquired from a device manufacturer or installer. If you obtain
updates or supplements directly from Microsoft during the 90-
day term of the device manufacturer’s or installer’s limited
warranty, Microsoft provides the limited warranty for those
updates or supplements. Any supplements, updates, or
replacement software that you may receive from Microsoft
during that year are also covered, but only for the remainder of
that one-year period if acquired from Microsoft, or for 90 days if
acquired from a device manufacturer or installer, or for 30 days,
whichever is longer. Transferring the software will not extend the
limited warranty.
b. Disclaimer. Neither Microsoft, nor the device manufacturer or
installer, gives any other express warranties, guarantees, or
conditions. Microsoft and the device manufacturer and
installer exclude all implied warranties and conditions,
including those of merchantability, fitness for a particular
purpose, and non-infringement. If your local law does not
allow the exclusion of implied warranties, then any implied
warranties, guarantees, or conditions last only during the
term of the limited warranty and are limited as much as your
local law allows. If your local law requires a longer limited
warranty term, despite this agreement, then that longer term
will apply, but you can recover only the remedies this
agreement allows.

d. Limited Remedy. If Microsoft, or the device manufacturer or

installer, breaches its limited warranty, it will, at its election,
either: (i) repair or replace the software at no charge, or (ii)
accept return of the software (or at its election the device on
which the software was preinstalled) for a refund of the amount
paid, if any. The device manufacturer or installer (or Microsoft if
 you acquired them directly from Microsoft) may also repair or
replace supplements, updates, and replacement of the software
or provide a refund of the amount you paid for them, if
any. These are your only remedies for breach of warranty. This
limited warranty gives you specific legal rights, and you may also
have other rights which vary from state to state or country to
country.

e. Damages. Except for any repair, replacement, or refund that

Microsoft, or the device manufacturer or installer, may
provide, you may not under this limited warranty, under any
other part of this agreement, or under any theory, recover
any damages or other remedy, including lost profits or
direct, consequential, special, indirect, or incidental
damages. The damage exclusions and remedy limitations in this
agreement apply even if repair, replacement, or a refund does
not fully compensate you for any losses, if Microsoft, or the
device manufacturer or installer, knew or should have known
about the possibility of the damages, or if the remedy fails of its
essential purpose. Some states and countries do not allow the
exclusion or limitation of incidental, consequential, or other
damages, so those limitations or exclusions may not apply to
you. If your local law allows you to recover damages from
Microsoft, or the device manufacturer or installer, even
though this agreement does not, you cannot recover more
than you paid for the software (or up to $50 USD if you
acquired the software for no charge).

f. Warranty and Refund Procedures. For service or refund, you

must provide a copy of your proof of purchase and comply with
Microsoft’s return policies if you acquired the software from
Microsoft, or the device manufacturer’s or installer’s return
policies if you acquired the software from a device manufacturer
or installer. If you purchased stand-alone software, those return
policies might require you to uninstall the software and return it
to Microsoft. If you acquired the software pre-installed on a
device, those return policies may require return of the software
with the entire device on which the software is installed; the
certificate of authenticity label including the product key (if
provided with your device) must remain affixed. Contact the
device manufacturer or installer at the address or toll-free
telephone number provided with your device to find out how to
obtain warranty service for the software. If Microsoft is your
 device manufacturer or if you acquired the software from a
retailer, contact Microsoft at:

(i) United States and Canada. Via telephone at (800)

MICROSOFT; via mail at Microsoft Customer Service and
Support, One Microsoft Way, Redmond, WA 98052-6399;
or visit https://aka.ms/nareturns.

(ii) Europe, Middle East, and Africa. Via mail at Microsoft

Ireland Operations Limited, Customer Care Centre, One
Microsoft Place, South Country Business Park,
Leopardstown, Dublin 18, Ireland; or visit
https://aka.ms/mssupport.

(ii) Australia. Via telephone at 13 20 58; via mail at Microsoft

Pty Ltd, 1 Epping Road, North Ryde NSW 2113 Australia;
or visit https://aka.ms/mssupport.

(iv) Other countries. Contact the Microsoft affiliate serving your

country at https://aka.ms/mssupport.
10. Support.
a. For software preinstalled on a device. For the software
generally, contact the device manufacturer or installer for
support options. Refer to the support number provided with the
software. For updates and supplements obtained directly from
Microsoft, Microsoft may provide limited support services for
properly licensed software as described
at https://aka.ms/mssupport.

b. For software acquired from a retailer. Microsoft provides

limited support services for properly licensed software as
described at https://aka.ms/mssupport.

11. Binding Arbitration and Class Action Waiver if You Live in (or, if a
Business, Your Principal Place of Business is in) the United States.
We hope we never have a dispute, but if we do, you and we agree to
try for 60 days to resolve it informally. If we can’t, you and we agree
to binding individual arbitration before the American Arbitration
Association (“AAA”) under the Federal Arbitration Act (“FAA”), and
not to sue in court in front of a judge or jury. Instead, a neutral
arbitrator will decide and the arbitrator’s decision will be final except
for a limited right of review under the FAA. Class action lawsuits,
class-wide arbitrations, private attorney-general actions, and any
other proceeding where someone acts in a representative capacity
aren’t allowed. Nor is combining individual proceedings without
the consent of all parties. “We,” “our,” and “us” includes Microsoft,
the device manufacturer, and software installer.

a. Disputes covered—everything except IP. The term “dispute” is

as broad as it can be. It includes any claim or controversy
between you and the device manufacturer or installer, or you
and Microsoft, concerning the software, its price, or this
agreement, under any legal theory including contract, warranty,
tort, statute, or regulation, except disputes relating to the
enforcement or validity of your, your licensors’, our, or our
licensors’ intellectual property rights.

b. Mail a Notice of Dispute first. If you have a dispute and our

customer service representatives can’t resolve it, send a Notice
of Dispute by U.S. Mail to the device manufacturer or installer,
ATTN: LEGAL DEPARTMENT. If your dispute is with Microsoft,
mail it to Microsoft Corporation, ATTN: CELA ARBITRATION, One
Microsoft Way, Redmond, WA 98052-6399. Tell us your name,
address, how to contact you, what the problem is, and what you
want. A form is available
at https://go.microsoft.com/fwlink/?LinkId=245499. We’ll do the
same if we have a dispute with you. After 60 days, you or we may
start an arbitration if the dispute is unresolved.

c. Small claims court option. Instead of mailing a Notice of

Dispute, and if you meet the court’s requirements, you may sue
us in small claims court in your county of residence (or, if a
business, your principal place of business) or our principal place
of business—King County, Washington USA if your dispute is
with Microsoft.

d. Arbitration procedure. The AAA will conduct any arbitration

under its Commercial Arbitration Rules (or if you are an
individual and use the software for personal or household use, or
if the value of the dispute is $75,000 USD or less whether or not
you are an individual or how you use the software, its Consumer
Arbitration Rules). For more information, see https://aka.ms/adr
or call 1-800-778-7879. To start an arbitration, submit the form
available at https://aka.ms/arbitration to the AAA; mail a copy to
the device manufacturer or installer (or to Microsoft if your
dispute is with Microsoft). In a dispute involving $25,000 USD or
less, any hearing will be telephonic unless the arbitrator finds
good cause to hold an in-person hearing instead. Any in-person
 hearing will take place in your county of residence (or, if a
business, your principal place of business) or our principal place
of business—King County, Washington if your dispute is with
Microsoft. You choose. The arbitrator may award the same
damages to you individually as a court could. The arbitrator may
award declaratory or injunctive relief only to you individually to
satisfy your individual claim. Under AAA rules, the arbitrator rules
on his or her own jurisdiction, including the arbitrability of any
claim. But a court has exclusive authority to enforce the
prohibition on arbitration on a class-wide basis or in a
representative capacity.

e. Arbitration fees and payments.

(i) Disputes involving $75,000 USD or less. The device
manufacturer or installer (or Microsoft if your dispute is
with Microsoft) will promptly reimburse your filing fees and
pay the AAA’s and arbitrator’s fees and expenses. If you
reject our last written settlement offer made before the
arbitrator was appointed, your dispute goes all the way to
an arbitrator’s decision (called an “award”), and the
arbitrator awards you more than this last written offer, the
device manufacturer or installer (or Microsoft if your
dispute is with Microsoft) will: (1) pay the greater of the
award or $1,000 USD; (2) pay your reasonable attorney’s
fees, if any; and (3) reimburse any expenses (including
expert witness fees and costs) that your attorney
reasonably accrues for investigating, preparing, and
pursuing your claim in arbitration.

(iii) Disputes involving more than $75,000 USD. The AAA

rules will govern payment of filing fees and the AAA’s
and arbitrator’s fees and expenses.

e. Must file within one year. You and we must file in small claims
court or arbitration any claim or dispute (except intellectual
property disputes — see Section 11.a.) within one year from
when it first could be filed. Otherwise, it’s permanently barred.

f. Severability. If any part of Section 11 (Binding Arbitration and

Class Action Waiver) is found to be illegal or unenforceable, the
remainder will remain in effect (with an arbitration award issued
before any court proceeding begins), except that if a finding of
partial illegality or unenforceability would allow class-wide or
 representative arbitration, Section 11 will be unenforceable in its
entirety.

g. Conflict with AAA rules. This agreement governs if it conflicts

with the AAA’s Commercial Arbitration Rules or Consumer
Arbitration Rules.

h. Microsoft as party or third-party beneficiary. If Microsoft is

the device manufacturer or if you acquired the software from a
retailer, Microsoft is a party to this agreement. Otherwise,
Microsoft is not a party but is a third-party beneficiary of your
agreement with the device manufacturer or installer to resolve
disputes through informal negotiation and arbitration.

12. Governing Law. The laws of the state or country where you live (or, if
a business, where your principal place of business is located) govern
all claims and disputes concerning the software, its price, or this
agreement, including breach of contract claims and claims under
consumer protection laws, unfair competition laws, implied warranty
laws, for unjust enrichment, and in tort, regardless of conflict of law
principles. In the United States, the FAA governs all provisions relating
to arbitration.

13. Consumer Rights, Regional Variations. This agreement describes

certain legal rights. You may have other rights, including consumer
rights, under the laws of your state or country. You may also have
rights with respect to the party from which you acquired the software.
This agreement does not change those other rights if the laws of your
state or country do not permit it to do so. For example, if you acquired
the software in one of the below regions, or mandatory country law
applies, then the following provisions apply to you:
a. Australia. References to “Limited Warranty” are references to
the express warranty provided by Microsoft or the device
manufacturer or installer. This warranty is given in addition to
other rights and remedies you may have under law, including
your rights and remedies under the Australian Consumer Law
consumer guarantees. Nothing in this agreement limits or
changes those rights and remedies. In particular:

(i) the provisions excluding and limiting warranties,

guarantees, damages and remedies, and limiting duration
of your rights under local laws in Section 9
headed Warranty, Disclaimer, Remedy, Damages and
 Procedures do not apply to the Australian Consumer
Law consumer guarantees and your rights and remedies
under them;

(ii) support and refund policies referred to in Sections 9.e

and 10 are subject to the Australian Consumer Law;

(iii) the Australian Consumer Law consumer guarantees apply

to the evaluation software described in Section 14.d(ii)
and the preview software described in Section 14.d(iv);
and

(iv) our goods come with guarantees that cannot be

excluded under the Australian Consumer Law. In
this subsection, “goods” refers to the software for which
Microsoft, or the device manufacturer or installer
provides the express warranty. You are entitled to a
replacement or refund for a major failure and
compensation for any other reasonably foreseeable loss
or damage. You are also entitled to have the goods
repaired or replaced if the goods fail to be of acceptable
quality and the failure does not amount to a major
failure.

To learn more about your rights under the Australian Consumer

Law, please review the information at https://aka.ms/acl.

b. Canada. You may stop receiving updates on your device by

turning off Internet access. If and when you re-connect to the
Internet, the software will resume checking for and installing
updates.

c. European Union. The academic use restriction in Section 14.d(i)

below does not apply in the jurisdictions
listed at https://go.microsoft.com/fwlink/?LinkId=534978.

d. Germany and Austria.

(i) Warranty. The properly licensed software will perform

substantially as described in any Microsoft materials that
accompany the software. However, the device
manufacturer or installer, and Microsoft, give no
contractual guarantee in relation to the licensed software.
 (ii) Limitation of Liability. In case of intentional conduct,
gross negligence, claims based on the Product Liability Act,
as well as, in case of death or personal or physical injury,
the device manufacturer or installer, or Microsoft is liable
according to the statutory law.
Subject to the preceding sentence, the device manufacturer
or installer, or Microsoft will only be liable for slight
negligence if the device manufacturer or installer or
Microsoft is in breach of such material contractual
obligations, the fulfillment of which facilitate the due
performance of this agreement, the breach of which would
endanger the purpose of this agreement and the
compliance with which a party may constantly trust in (so-
called "cardinal obligations"). In other cases of slight
negligence, the device manufacturer or installer or
Microsoft will not be liable for slight negligence.

e. Other
regions. See https://go.microsoft.com/fwlink/?LinkId=534978 for
a current list of regional variations.

14. Additional Notices.

a. Networks, data and Internet usage. Some features of the
software and services accessed through the software may require
your device to access the Internet. Your access and usage
(including charges) may be subject to the terms of your cellular
or internet provider agreement. Certain features of the software
may help you access the Internet more efficiently, but the
software’s usage calculations may be different from your service
provider’s measurements. You are always responsible for (i)
understanding and complying with the terms of your own plans
and agreements, and (ii) any issues arising from using or
accessing networks, including public/open networks. You may
use the software to connect to networks, and to share access
information about those networks, only if you have permission
to do so.

b. H.264/AVC and MPEG-4 visual standards and VC-1 video

standards. The software may include H.264/MPEG-4 AVC and/or
VC-1 decoding technology. MPEG LA, L.L.C. requires this notice:
THIS PRODUCT IS LICENSED UNDER THE AVC, THE VC-1, AND
THE MPEG-4 PART 2 VISUAL PATENT PORTFOLIO LICENSES FOR
 THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER
TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE ABOVE
STANDARDS (“VIDEO STANDARDS”) AND/OR (ii) DECODE AVC,
VC-1, AND MPEG-4 PART 2 VIDEO THAT WAS ENCODED BY A
CONSUMER ENGAGED IN A PERSONAL AND NON-
COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A
VIDEO PROVIDER LICENSED TO PROVIDE SUCH VIDEO. NO
LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER
USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM
MPEG LA, L.L.C. SEE HTTPS://AKA.MS/MPEGLA.
c. Malware protection. Microsoft cares about protecting your
device from malware. The software will turn on malware
protection if other protection is not installed or has expired. To
do so, other antimalware software will be disabled or may have
to be removed.

d. Limited rights versions. If the software version you acquired is

marked or otherwise intended for a specific or limited use, then
you may only use it as specified. You may not use such versions
of the software for commercial, non-profit, or revenue-
generating activities.

(i) Academic. For academic use, you must be a student,

faculty or staff of an educational institution at the time of
purchase.

(ii) Evaluation. For evaluation (or test or demonstration) use,

you may not sell the software, use it in a live operating
environment, or use it after the evaluation period.
Notwithstanding anything to the contrary in this
Agreement, evaluation software is provided “AS IS” and
no warranty, implied or express (including the Limited
Warranty), applies to these versions.

(iii) NFR. You may not sell software marked as “NFR” or “Not
for Resale”.

(iv) Preview. You may choose to use preview, insider, beta,

or other pre-release versions of the software (“previews”)
that Microsoft may make available. You may use previews
only up to the software’s expiration date and so long as
you comply with all the terms of this agreement. Previews
are experimental and may be substantially different from
the commercially released version. Notwithstanding
 anything to the contrary in this agreement, previews are
provided “AS IS,” and no warranty, implied or express
(including the Limited Warranty), applies to these
versions. By installing previews on your device, you
may void or impact your device warranty and may not
be entitled to support from your device manufacturer
or network operator, if applicable. Microsoft is not
responsible for any damage thereby caused to you.
Microsoft may not provide support services for previews.
If you provide Microsoft comments, suggestions or other
feedback about the preview (“submission”), you grant
Microsoft and its partners rights to use the submission in
any way and for any purpose.

15. Entire Agreement. This agreement (together with the printed paper
license terms or other terms accompanying any software supplements,
updates, and services that are provided by the device manufacturer or
installer, or Microsoft, and that you use), and the terms contained in
web links listed in this agreement, are the entire agreement for the
software and any such supplements, updates, and services (unless the
device manufacturer or installer, or Microsoft, provides other terms
with such supplements, updates, or services). You can review this
agreement after your software is running by going
to https://aka.ms/useterms or going to Settings - System - About
within the software. You can also review the terms at any of the links
in this agreement by typing the URLs into a browser address bar, and
you agree to do so. You agree that you will read the terms before
using the software or services, including any linked terms. You
understand that by using the software and services, you ratify this
agreement and the linked terms. There are also informational links in
this agreement. The links containing notices and binding terms are:
· Microsoft Privacy Statement https://aka.ms/privacy
· Microsoft Services Agreement https://aka.ms/msa

Microsoft IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS
Visual Studio BELOW.
Community
2022
1. INSTALLATION AND USE RIGHTS.
a. Individual License. If you are an individual working on your own applications, either
to sell or for any other purpose, you may use the software to develop and test
those applications.
b. Organizational License. If you are an organization, your users may use the software
as follows:
i. Any number of your users may use the software to develop and test
applications released under Open Source Initiative (OSI) approved open
source software licenses.
ii. Any number of your users may use the software to develop and test
extensions to Visual Studio.
iii. Any number of your users may use the software to develop and test device
drivers for the Windows operating system.
iv. Any number of your users may use the software only for Microsoft SQL
Server development when using the SQL Server Data Tools or the extensions
“Microsoft Analysis Services Projects”, “Microsoft Reporting Services
Projects”, or “SQL Server Integration Services Projects” to develop Microsoft
SQL Server database projects or Analysis Services, Reporting Services, Power
BI Report Server, or Integration Services projects.
v. Any number of your users may use the software to develop and test your
applications as part of online or in person classroom training and education,
or for performing academic research.
vi. If none of the above apply, and you are also not an enterprise (defined
below), then up to 5 of your individual users can use the software
concurrently to develop and test your applications.
vii. If you are an enterprise, your employees and contractors may not use the
software to develop or test your applications, except for: (i) open source; (ii)
Visual Studio extensions; (iii) device drivers for the Windows operating
system; (iv) SQL Server development; and, (v) education purposes as
permitted above.
An “enterprise” is any organization and its affiliates who collectively
have either (a) more than 250 PCs or users or (b) one million U.S. dollars
(or the equivalent in other currencies) in annual revenues, and
“affiliates” means those entities that control (via majority ownership),
are controlled by, or are under common control with an organization.
c. Workloads. These license terms apply to your use of the workloads made available
to you within the software, except to the extent a workload, or a workload
component comes with different license terms and support policies.
d. Backup Copy. You may make one backup copy of the software, for reinstalling the
software.
e. Online Services in the Software. Some features of the software make use of online
services to provide you information about updates to the software or extensions,
or to enable you to retrieve content, collaborate with others, or otherwise
supplement your development experience. As used throughout this agreement,
 the term “software” includes these online service features, and by using them, you
consent to the transmission of information as described in Section 6, DATA.
f. Demo Use. The uses permitted above include use of the software in demonstrating
your applications.
g. Previews. You may use any number of copies of software, components, or features
(“preview channel software”) Microsoft may make available to you through the
Preview Channel only for internal evaluation purposes. Microsoft may also make
available to you preview features or components (“preview features”) through the
Current Channel. Preview features may be used consistent with your use rights to
Visual Studio Community. Preview Channel software and preview features
(collectively, “previews”), the Preview Channel, and Current Channel are further
described at https://aka.ms/vs/17/channels-overview. Previews are experimental
and may be substantially different from the commercially released version. They
may not operate correctly or work the way a final version will. Microsoft may
change previews for the final, commercial version, if any. Microsoft is not
obligated to provide maintenance, technical support or updates to you for
previews.

2. VISUAL STUDIO INTELLICODE SERVICE.

a. AI-assisted IntelliSense Service. This service provides a base model trained on
publicly available open source code that enables you to receive AI-assisted
IntelliSense suggestions. The base model will enable you to receive AI-assisted
IntelliSense suggestions for common types and components. You may use the
base model, in whole or in part, only with the software. The service also provides
the facility to train any number of team completion models on your own
applications. These team completion models are for your use and use by those
with whom you wish to share. (See 2.c. below for the definition of a team
completion model.)
b. Your Data. AI-assisted IntelliSense analyzes your application locally to generate a
summary file with metadata on the types and their usage across your application
which illustrate your patterns of usage. The summary file contains information
about the names of classes, methods, and how often they are used in your
application (“Your Data”). You retain ownership of all aspects of Your Data,
including, but not limited to, all right, title and interest in and to the underlying
application code.
c. Team Completion Model.
i. You may submit Your Data to Microsoft through the AI-assisted IntelliSense
service for the sole purpose of enabling Microsoft to create a team
completion model. The team completion model is an AI-assisted IntelliSense
set of recommendations based on Your Data. By submitting Your Data to
Microsoft, you give Microsoft the right and license to copy, modify, create
derivative works of, and transform Your Data to create a team completion
model. Microsoft will not use Your Data or the resulting trained machine
learning of the team completion model for any other purpose.
ii. You may use the team completion model, in whole or in part, only with the
software.
3. TERMS FOR SPECIFIC COMPONENTS.
4. Utilities. The software contains items on the Utilities List at
https://aka.ms/vs/17/utilities. You may copy and install those items onto your
devices to debug and deploy your applications and databases you developed with
the software. The Utilities are designed for temporary use. Microsoft may not be
able to patch or update Utilities separately from the rest of the software. Some
Utilities by their nature may make it possible for others to access the devices on
which the Utilities are installed. You should delete all Utilities you have installed
after you finish debugging or deploying your applications and databases. Microsoft
is not responsible for any third party use or access of devices, or of the
applications or databases on devices, on which Utilities have been installed.
5. Build Devices and Visual Studio Build Tools. You may copy and install files from the
software or from Visual Studio Build Tools onto your build devices, including
physical devices and virtual machines or containers on those machines, whether
on-premises or remote machines that are owned by you, hosted on Microsoft
Azure for you, or dedicated solely to your use (collectively, “Build Devices”). You
and others in your organization may us these files on your Build Devices solely to
compile, build, and verify applications developed by using the software, or run
quality or performance tests of those applications as part of the build process.
6. Code Inspection. This software includes functionality that enables you to inspect
binary code and reproduce source code from original binary code. Use of these
features of the software is entirely optional. By using this functionality, you
acknowledge that the binary code and source code may be protected by copyright
and trademark laws. You also agree not to violate any applicable copyright and
trademark laws or license agreements and represent that you will have obtained
permission or otherwise be permitted to inspect binary code and reproduce
source code if you use this functionality. Microsoft is not responsible for any uses
by you in violation of applicable laws or license agreements.
7. Fonts. While the software is running, you may use its fonts to display and print
content. You may only (i) embed fonts in content as permitted by the embedding
restrictions in the fonts; and (ii) temporarily download them to a printer or other
output device to print content.
8. Licenses for Other Components.
i. Microsoft Platforms. The software may include components from
Microsoft Windows; Microsoft Windows Server; Microsoft SQL Server;
Microsoft Exchange; Microsoft Office; and Microsoft SharePoint, or
other Microsoft software. These components are governed by separate
agreements and their own product support policies, as described in the
Microsoft “Licenses” folder accompanying the software, except that, if
license terms for those components are also included in the associated
installation directory, those license terms control.
ii. Third party Components. The software may include third party
components with separate legal notices or governed by other
agreements, as may be described in the notices file(s) accompanying
the software.
 9. Package Managers. The software includes package managers, like NuGet, that give
you the option to download other Microsoft and third party software packages to
use with your applications. Those packages are under their own licenses, and not
these license terms. Microsoft does not distribute, license or provide any
warranties for any of the third party packages.

10. DISTRIBUTABLE CODE. The software contains code that you may distribute in
applications you develop as described in this Section. For purposes of this Section 4,
the term “distribution” also means deployment of your applications for third parties to
access over the Internet.
11. Right to Use and Distribute. The code and text files listed below are “Distributable
Code”.
i. Distributable List. You may copy and distribute the object code form
of code listed on the Distributable List located at
https://aka.ms/vs/17/redistribution.
ii. Sample Code, Templates and Styles. You may copy, modify and
distribute the source and object code form of code marked as
“sample”, “template”, “simple styles” and “sketch styles”.
iii. Third Party Distribution. You may permit distributors of your
applications to copy and distribute the Distributable Code as part of
those applications.
12. Distribution Requirements. For any Distributable Code you distribute, you must:
• add significant primary functionality to it in your applications; and
• require distributors and external end users to agree to terms that
protect the Distributable Code at least as much as this agreement.
13. Distribution Restrictions. You may not:
• distribute components or runtimes that are marked “Preview”, “Pre-
release” or “Beta”;
• use Microsoft’s trademarks in your applications’ names or in a way that
suggests your applications come from or are endorsed by Microsoft; or
• modify or distribute the source code of any Distributable Code so that
any part of it becomes subject to an Excluded License. An “Excluded
License” is one that requires, as a condition of use, modification or
distribution of code, that (i) it be disclosed or distributed in source
code form; or (ii) others have the right to modify it.

14. DEVELOPING EXTENSIONS.

15. Limits on Extensions. You may not develop or enable others to develop extensions
for the software (or any other component of the Visual Studio family of products)
which circumvent the technical limitations implemented in the software. If
Microsoft technically limits or disables extensibility for the software, you may not
extend the software by, among other things, loading or injecting into the software
any non-Microsoft add-ins, macros, or packages; modifying the software registry
 settings; or adding features or functionality equivalent to that found in the Visual
Studio family of products.
16. No Degrading the Software. If you develop an extension for the software (or any
other component of the Visual Studio family of products), you must test the
installation, uninstallation, and operation of your extension to ensure that such
processes do not disable any features or adversely affect the functionality of the
software (or such component) or of any previous version or edition thereof.

17. DATA.
18. Data Collection. The software may collect information about you and your use of
the software, and send that to Microsoft. Microsoft may use this information to provide
services and improve our products and services. You may opt-out of many of these
scenarios, but not all, as described in the software documentation. There are also some
features in the software that may enable you and Microsoft to collect data from users of
your applications. If you use these features, you must comply with applicable law, including
providing appropriate notices to users of your applications together with a copy of
Microsoft’s privacy statement. Our privacy statement is located at https://aka.ms/privacy.
You can learn more about data collection and its use from the software documentation and
our privacy statement. Your use of the software operates as your consent to these
practices.
19. Processing of Personal Data. To the extent Microsoft is a processor or
subprocessor of personal data in connection with the software, Microsoft makes the
commitments in the European Union General Data Protection Regulation Terms of the
Microsoft Products and Services Data Protection Addendum to all customers effective May
25, 2018, at https://docs.microsoft.com/legal/gdpr.

20. SCOPE OF LICENSE. The software is licensed, not sold. These license terms only give you
some rights to use the software. Microsoft reserves all other rights. Unless applicable
law gives you more rights despite this limitation, you may use the software only as
expressly permitted in these license terms. In doing so, you must comply with any
technical limitations in the software that only allow you to use it in certain ways. In
addition, you may not:
• work around any technical limitations in the software;
• reverse engineer, decompile or disassemble the software, or otherwise
attempt to derive the source code for the software, except and only to
the extent required by third party licensing terms governing use of
certain open source components that may be included with the
software;
• remove, minimize, block or modify any notices of Microsoft or its
suppliers in the software;
• use the software in any way that is against the law;
• share, publish, rent or lease the software; or
• provide the software as a stand-alone offering or combine it with any
of your applications for others to use, or transfer the software or this
agreement to any third party.
21. SUPPORT. Because the software is “as is”, we may not provide support services for it.

22. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates,
Internet-based services and support services, are the entire agreement for the
software and support services.

23. EXPORT RESTRICTIONS. You must comply with all domestic and international export
laws and regulations that apply to the software, which include restrictions on
destinations, end users and end use. For further information on export restrictions,
visit www.microsoft.com/exporting.

24. APPLICABLE LAW. If you acquired the software in the United States, Washington state
law applies to interpretation of, and claims for breach of this agreement, and the laws
of the state where you live apply to all other claims. If you acquired the software in any
other country, its laws apply.

25. CONSUMER RIGHTS; REGIONAL VARIATIONS. These license terms describe certain legal
rights. You may have other rights, including consumer rights, under the laws of your
state or country. You may also have rights with respect to the party from which you
acquired the software. This agreement does not change those other rights if the laws
of your state or country do not permit it to do so. For example, if you acquired the
software in one of the below regions, or mandatory country law applies, then the
following provisions apply to you:
a. Australia. You have statutory guarantees under the Australian
Consumer Law and nothing in these license terms is intended to
affect those rights.
b. Canada. You may stop receiving updates on your device by turning
off Internet access. If and when you re-connect to the Internet, the
software will resume checking for and installing updates.
c. Germany and Austria.
(i) Warranty. The properly licensed software will perform substantially as
described in any Microsoft materials that accompany it. However, Microsoft gives
no contractual guarantee in relation to the software.
(ii) Limitation of Liability. In case of intentional conduct, gross negligence, claims
based on the Product Liability Act, as well as in case of death or personal or
physical injury, Microsoft is liable according to the statutory law.

Subject to the preceding sentence (ii), Microsoft will only be liable for slight
negligence if Microsoft is in breach of such material contractual obligations, the
fulfillment of which facilitate the due performance of this agreement, the breach
of which would endanger the purpose of this agreement and the compliance with
which a party may constantly trust in (so-called “cardinal obligations”). In other
cases of slight negligence, Microsoft will not be liable for slight negligence.

26. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS-IS”. YOU BEAR THE RISK
OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR
CONDITIONS. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT
 EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.

27. LIMITATION ON DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS
ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER
DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR
INCIDENTAL DAMAGES.
This limitation applies to (a) anything related to the software, services, content
(including code) on third party Internet sites, or third party applications; and
(b) claims for breach of contract, breach of warranty, guarantee or condition,
strict liability, negligence, or other tort to the extent permitted by applicable
law.
It also applies even if Microsoft knew or should have known about the
possibility of the damages. The above limitation or exclusion may not apply to
you because your state or country may not allow the exclusion or limitation of
incidental, consequential or other damages.

EULAID: VS_Comm_2022_ENU.1033