Microsoft Windows Embedded CE 6.0 Shared Source License Terms (.License.)

These license terms are an agreement between you and Microsoft Corporation**. If you use the software, you accept this license. If you do not accept the license, do not use the software. You may:

   1. Use the software to correct errors in hardware and software operating on Microsoft products which run on the Windows Embedded CE kernel (the "Windows Embedded CE Platform").
   2. Create derivative works of the software to debug, improve and optimize the Windows Embedded CE Platform.
   3. Use the software as a reference to develop Enhancements. .Enhancements. means technologies that you develop that enhance or extend your hardware, software or services that operate on the Windows Embedded CE Platform and do not include any of the software or any derivative work of the software.
   4. Provide system integration and technical support services to your customers to assist them in their development, testing, or use of hardware and software, as applicable, based on the Windows Embedded CE Platform.
   5. Compile the software and any derivative works of the software that you create under the terms of this License and then publicly perform and display that compiled code in operation in your device in public demonstrations at tradeshows, lectures and similar events.
   6. Distribute derivative works of the software provided you comply with all the terms of this License.

You may not:

   1. Use the software or information derived from the software for any project related to, or to make any derivative works of the software for use with, a non-Windows Embedded CE Platform or related to a piece of hardware based on a non-Windows Embedded CE Platform.
   2. Use the software for patent-mining purposes, such as (i) determining if any features, functions or processes provided by the software are covered by any patents or patent applications or (ii) using the software as a reference or using specific knowledge of the software to modify existing patents or patent applications or creating any continuation, continuation in part, or extension of existing patents or patent applications.

In return, we simply require that you agree:

   1. To display your valid copyright notice on any software files you modify and not alter any copyright, trademark or patent notices from the software.
   2. To provide end user support for your derivative works. (Microsoft will not provide support for the software or your derivative works.)
   3. You do not have any right to subject the software or derivative works in whole or in part to any of the terms of an Excluded License. .Excluded License. means any license that requires as a condition of use, modification and/or distribution of software subject to the Excluded License, that such software or other software combined and/or distributed with such software be (i) disclosed or distributed in source code form; (ii) licensed for the purpose of making derivative works; or (iii) redistributable at no charge.
   4. If you distribute derivative works of the software in object code form, you may do so only under a license which is at least as protective as this license and only: (i) as part of your Windows Embedded CE Platform.based hardware product pursuant to a valid royalty-bearing agreement for distribution of a Windows Embedded CE Platform product with Microsoft or the Microsoft affiliate serving your country; or (ii) to a Windows Embedded CE Platform device manufacturer for use in a runtime distributed by such manufacturer pursuant to a valid royalty-bearing agreement for distribution of a Windows Embedded CE Platform product with Microsoft or the Microsoft affiliate serving the manufacturer.s country.
   5. If you distribute derivative works of the software in source code form, then you may do so only under this license for the software (i.e. you must include a complete copy of this license with your distribution) and the license terms for the portions of the derivatives that you developed must be at least as protective as this license including Sections 16 and 17.
   6. If you distribute any derivatives or any portion of the software with your derivatives, you will defend, indemnify and hold Microsoft harmless from any claims, losses or damages arising from any actions brought by a third party against Microsoft to the extent caused by your acts or omissions in connection with such distribution.
   7. If you assert any claims against Microsoft over patents that you think may apply to this software (including a cross-claim or counterclaim in a lawsuit), your license to this software ends automatically.
   8. You will not assert patents owned or licensable by you that claim any inventions in any derivative works you develop using the software (collectively, "Your Derivative Patents") against Microsoft, Microsoft affiliates, and Microsoft Licensees (as defined below), for infringement of Your Derivative Patents on account of the making, use, sale, offer for sale, importation or other disposition or promotion of any version or portion of a Windows operating system product including the Windows CE Embedded Platform.
          * "Microsoft Licensee" means any third party that is directly or indirectly licensed by Microsoft to exercise any legal rights with respect to a Windows operating system product or a portion thereof or a redistributed portion thereof, including authorized distributors of a Windows operating system product, users of a Windows operating system product and end users of any redistributed portions of a Windows operating system product. 
   9. You will not assert patents owned or licensable by you that claim any inventions in any Enhancements: (i) you develop using the software or (ii) You derive from the Software (collectively, .Your Enhancement Patents.) against Microsoft, Microsoft affiliates, and Microsoft CE Licensees (as defined below), excluding OEM/ODM CE Licensees (as defined below), for infringement of Your Enhancement Patents on account of the making, use, sale, offer for sale, importation or other disposition or promotion of any version or portion of the Windows CE Embedded Platform. If you or your affiliates choose to assert Your Enhancement Patents against OEM/ODM CE Licensees on account of the OEM/ODM CE Licensees. making, use, sale, offer for sale, importation or other disposition or promotion of the Windows CE Embedded Platform, portion thereof, or a redistributed portion thereof, then you and your affiliates agree to offer licenses to such OEM/ODM CE Licensees under commercially reasonable and non-discriminatory terms and pricing.
          * "Microsoft CE Licensee" means any third party that is directly or indirectly licensed by Microsoft to exercise any legal rights with respect to a Windows CE Embedded Platform or a portion thereof or a redistributed portion thereof, including authorized distributors of a Windows CE Embedded Platform, users of a Windows CE Embedded Platform and end users of any redistributed portions of a Windows CE Embedded Platform. "OEM/ODM CE Licensee" means an original equipment/device manufacturer directly or indirectly licensed by Microsoft to use a Windows CE Embedded Platform or a portion thereof and to distribute a portion of a Windows CE Embedded Platform as binaries incorporated in that OEM/ODM.s embedded system(s). 
  10. If you assign any of Your Derivative or Enhancement Patents or rights to enforce any of Your Derivative or Enhancement Patents, you will require that the assignee(s) agree to be bound by this section. Any such assignment by you not in accordance with this section will be null and void.
  11. If you would like to suggest changes, modifications or improvements to the software, you may go here.
  12. The patent rights Microsoft is licensing only apply to the software, not to any derivatives you make.
  13. Your rights under this License end automatically if you breach this License in any way.
  14. This license shall be construed and controlled by the laws of the State of Washington, USA, without regard to conflicts of law. If any provision of this license shall be deemed unenforceable or contrary to law, the rest of this license shall remain in full effect and interpreted in an enforceable manner that most nearly captures the intent of the original language.**
  15. The software is licensed, not sold, and all rights not expressly granted to you in this License are reserved by Microsoft.
  16. THE SOFTWARE IS LICENSED "AS IS". YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS LICENSE CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  17. 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:
          * anything related to the software, services, content (including code) on third party Internet sites, or third party programs, and
          * 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 country may not allow the exclusion or limitation of incidental, consequential or other damages


            ** If you have a royalty-bearing agreement with Microsoft or a Microsoft affiliate for distribution of Windows Embedded CE 6.0, then this license is between you and the same Microsoft entity under the royalty-bearing agreement. Additionally, the governing law provision in that royalty-bearing agreement will apply to this license in place of section 14.

