(Edited on Jan 6, 2010 @ 8:24 - Somehow in my upgrading to wordpress 2.9.0 part of this post got lost. I went to the eula analyzer link and pasted the eula from there.) User agreement for Windows XP service pack 3. I tried out the suggestion on a previous post of an online eula analyzer. The results can be found here. One interesting output from this analysis is that the reading level of the analysis is beyond twelfth grade level under all 4 metrics the site uses. So how is a high school graduate supposed to agree to terms that he can't even read? I wonder if this has been tested in the legal system. The second interesting result is the analyzer found two reference to tracking or monitoring: one in section 5 and the other in section 9. So what if I do not agree with these terms? Apparently my only recourse is to not install the service pack. So Microsoft gets to make a poor operating system that I purchase. This OS needs to be updated to maintain maximum functionality and protection against exploits, so I am basically forced to agree to whatever terms they can dream up.
SUPPLEMENTAL END USER LICENSE AGREEMENT FOR MICROSOFT SOFTWARE MICROSOFT WINDOWS XP SERVICE PACK 3 PLEASE READ THIS SUPPLEMENTAL END-USER LICENSE AGREEMENT ('SUPPLEMENTAL EULA') CAREFULLY. BY INSTALLING OR USING THE SOFTWARE THAT ACCOMPANIES THIS SUPPLEMENTAL EULA, YOU AGREE TO THE TERMS OF THIS SUPPLEMENTAL EULA. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE SOFTWARE AND, IF APPLICABLE, RETURN IT TO THE PLACE OF PURCHASE FOR A FULL REFUND. 1. General If you acquired the accompanying Microsoft software from the manufacturer ("Manufacturer") of the computer system or computer system component ('HARDWARE') with which you acquired the Microsoft software product(s) identified on the Certificate of Authenticity ("COA") affixed to the HARDWARE or on the associated product documentation, this Supplemental EULA is a legal agreement between you (either an individual or a single entity) and the Manufacturer. If you acquired the accompanying Microsoft software from a source other than the Manufacturer, this Supplemental EULA is a legal agreement between you (either an individual or a single entity) and Microsoft Corporation or one of its affiliates ('Microsoft'). The accompanying Microsoft software includes computer software and may include associated media, printed materials, 'online' or electronic documentation, and Internet-based services (collectively, the 'OS Components'). The OS Components are provided to update, supplement, or replace existing functionality of Microsoft Windows XP Professional Edition or Microsoft Windows XP Home Edition (the 'OS Software'). Your use of the OS Components is subject to the terms and conditions of the end user license agreement (either from Microsoft or the Manufacturer) under which you have previously licensed the OS Software (the 'OS Software EULA') and this Supplemental EULA. Reference to tracking or monitoring. To the extent that any terms in this Supplemental EULA conflict with terms in the applicable OS Software EULA, the terms of this Supplemental EULA control. IF YOU DO NOT HAVE A VALIDLY LICENSED COPY OF THE OS SOFTWARE, YOU ARE NOT AUTHORIZED TO INSTALL, COPY OR OTHERWISE USE THE OS COMPONENTS AND YOU HAVE NO RIGHTS UNDER THIS SUPPLEMENTAL EULA. For purposes of this Supplemental EULA, references to 'Computer' mean 'Workstation Computer' or 'COMPUTER' as defined in the OS Software EULA. The following license terms describe additional terms for the OS Software as supplemented with the OS Components (collectively, 'SOFTWARE'). The changes include: * additional information about the validation functions of the Software, which determine whether the software is counterfeit, improperly licensed or a non-genuine Windows product; and * additional privacy disclosures about Internet-based services. Reference to tracking or monitoring. This list highlights some of the changes. The terms below govern your use of the SOFTWARE. 2. MANDATORY ACTIVATION Activation associates the use of the SOFTWARE with a specific computer.During activation, the SOFTWARE will send information about the SOFTWARE and the Computer to Microsoft.This information includes the version, language and product key of the SOFTWARE, the Internet protocol address of the Computer, and information derived from the hardware configuration of the Computer.For more information, see http://go.microsoft.com/fwlink/?Linkid=103743. By using the SOFTWARE, you consent to the transmission of this information.If properly licensed, you have the right to use the version of the SOFTWARE installed during the installation process up to a period of 30 days permitted for activation.Unless the SOFTWARE is activated, you have no right to use the SOFTWARE after the time permitted for activation.This is to prevent its unlicensed use.You are not permitted to bypass or circumvent activation.If the Computer is connected to the Internet, the SOFTWARE may automatically connect to Microsoft for activation.You can also activate the SOFTWARE manually by Internet or telephone. If you do so, Internet and telephone service charges may apply.Some changes to your computer components or the SOFTWARE may require you to reactivate the SOFTWARE.The SOFTWARE will remind you to activate it until you do. 3. VALIDATION The SOFTWARE may check periodically whether a properly licensed copy of the SOFTWARE is installed.Validation may be required for certain Microsoft software to be downloaded, installed or used.If you have a properly licensed copy of the SOFTWARE installed, you receive special benefits, see http://go. microsoft.com/fwlink/?linkid=39157. If the software detects that a properly licensed copy of the SOFTWARE is not installed, you will receive a notification and periodic reminders to install a properly licensed copy of the SOFTWARE.During or after a validation check, the SOFTWARE may send information about the SOFTWARE, the device and the results of the validation check to Microsoft. This information includes, for example, the version and product key of the SOFTWARE, any unauthorized changes made to the validation, licensing or activation functions of the SOFTWARE, any related malicious or unauthorized software found and the Internet protocol address of the device.Microsoft does not use the information to identify or contact you.By using the SOFTWARE, you consent to the transmission of this information.For more information about validation and what is sent during or after a validation check, see http://go.microsoft. com/fwlink/?Linkid=96551. 4. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the SOFTWARE.It may change or cancel them at any time. 4.1 Consent for Internet-Based Services.The software features described below in Section 4.2 and in the Privacy Statement connect to Microsoft or service provider computer systems over the Internet.In some cases, you will not receive a separate notice when they connect.You may switch off these features or not use them.For more information about these features, see the Privacy Statement at http://go.microsoft.com/fwlink/?Linkid=103743. By using these features, you consent to the transmission of this information.Microsoft does not use the information to identify or contact you. 4.2 Computer Information.The following features use Internet protocols, which send to the appropriate systems computer information, such as your Internet protocol address, the type of operating system, browser and name and version of the software you are using, and the language code of the Computer where you installed the SOFTWARE. Microsoft uses this information to make the Internet-based services available to you. ?? Plug and Play.You may connect new hardware to your Computer.Your Computer may not have the drivers needed to communicate with that hardware.If so, the update feature of the software can obtain the correct driver from Microsoft and install it on your Computer.An administrator can disable this update feature. ?? Windows Update.To enable the proper functioning of the Windows Update service in the SOFTWARE (if you use it), updates or downloads to the Windows Update service will be required from time to time and downloaded and installed without further notice to you. ?? Web Content Features.Under the SOFTWARE's default configuration, if you are connected to the Internet, several features of the SOFTWARE are enabled by default to retrieve content from Microsoft computer systems and display it to you.When you activate such a feature, it uses standard Internet protocols, which transmit the type of operating system, browser and language code of your Computer to the Microsoft computer system so that the content can be viewed properly from your Computer.These features only operate when you activate them, and you may choose to switch them off or not use them.Examples of these features include Windows Catalog, Search Assistant, and the Headlines and Search features of Help and Support Center. ?? Digital Certificates.The SOFTWARE uses digital certificates based on the x.509 standard.These digital certificates confirm the identity of Internet users sending x.509 standard encrypted information.The software retrieves certificates and updates certificate revocation lists.These security features operate only when you use the Internet. ?? Auto Root Update.The Auto Root Update feature updates the list of trusted certificate authorities.You can switch off the Auto Root Update feature. ?? Windows Media Player.Some features of Windows Media Player automatically contact Microsoft computer systems if you use Windows Media Player or specific features of it: features that (A) check for new codecs if your Computer does not have the correct ones for content you attempt to play (this feature may be switched off), and (B) check for new versions of Windows Media Player (this feature will operate only when you are using Windows Media Player). The provisions in this paragraph do not apply to the KN and N versions of Microsoft Windows XP SP3 as they do not include Windows Media Player. ?? Windows Media Digital Rights Management. Content providers are using the digital rights management technology for Windows Media contained in this SOFTWARE ('WM-DRM') to protect the integrity of their content ("Secure Content") so that their intellectual property, including copyright, in such content is not misappropriated.Portions of this SOFTWARE and third party applications such as media players use WM-DRM to play Secure Content ('WM-DRM Software'). If the WM- DRM Software's security has been compromised, owners of Secure Content ("Secure Content Owners") may request that Microsoft revoke the WM-DRM Software's right to copy, display and/or play Secure Content.Revocation does not alter the WM-DRM Software's ability to play unprotected content.A list of revoked WM-DRM Software is sent to your Computer whenever you download a license for Secure Content from the Internet.Microsoft may, in conjunction with such license, also download revocation lists onto your Computer on behalf of Secure Content Owners.Secure Content Owners may also require you to upgrade some of the WM-DRM components in this SOFTWARE ('WM-DRM Upgrades') before accessing their content.When you attempt to play such content, WM-DRM Software built by Microsoft will notify you that a WM-DRM Upgrade is required and then ask for your consent before the WM-DRM Upgrade is downloaded.WM-DRM Software built by third parties may do the same.If you decline the upgrade, you will not be able to access content that requires the WM-DRM Upgrade; however, you will still be able to access unprotected content and Secure Content that does not require the upgrade.WM-DRM features that access the Internet, such as acquiring new licenses and/or performing a required WM-DRM Upgrade, can be switched off.When these features are switched off, you will still be able to play Secure Content if you have a valid license for such content already stored on your Computer.The provisions in this paragraph do not apply to the KN and N versions of Microsoft Windows XP SP3 as they do not include WM-DRM. 4.3 Use of Information.Microsoft may use the computer information to improve Microsoft's software and services.Microsoft may also share it with others, such as hardware and software vendors.They may use the information to improve how their products run with Microsoft software. 4.4 Misuse of Internet-based Services.You may not use these services in any way that could harm them or impair anyone else's use of them.You may not use the services to try to gain unauthorized access to any service, data, account or network by any means. EULAID:XPSP3_RTM_UPD_UNF_EN

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06 January 2010