1+ MICROSOFT SOFTWARE LICENSE TERMS
2+ MICROSOFT VISUAL STUDIO CODE
3+
4+ These license terms are an agreement between you and Microsoft Corporation (or
5+ based on where you live, one of its affiliates). They apply to the software
6+ named above. The terms also apply to any Microsoft services or updates for the
7+ software, except to the extent those have different terms.
8+
9+ IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW.
10+
11+ 1. INSTALLATION AND USE RIGHTS.
12+
13+ a. General. You may use any number of copies of the software to develop and test
14+ your applications, including deployment within your internal corporate network.
15+
16+ b. Demo use. The uses permitted above include use of the software in
17+ demonstrating your applications.
18+
19+ c. Third Party Components. The software may include third party components with
20+ separate legal notices or governed by other agreements, as may be described in
21+ the ThirdPartyNotices file accompanying the software.
22+
23+ d. Extensions. The software gives you the option to download other Microsoft and
24+ third party software packages from our extension marketplace or package
25+ managers. Those packages are under their own licenses, and not this agreement.
26+ Microsoft does not distribute, license or provide any warranties for any of the
27+ third party packages. By accessing or using our extension marketplace, you agree
28+ to the extension marketplace terms located at https://aka.ms/vsmarketplace-ToU .
29+
30+ 2. DATA.
31+
32+ a. Data Collection. The software may collect information about you and your use
33+ of the software, and send that to Microsoft. Microsoft may use this information
34+ to provide services and improve our products and services. You may opt-out of
35+ many of these scenarios, but not all, as described in the product documentation
36+ located at https://code.visualstudio.com/docs/supporting/faq#_how-to-disable-
37+ telemetry-reporting . There may also be some features in the software that may
38+ enable you and Microsoft to collect data from users of your applications. If you
39+ use these features, you must comply with applicable law, including providing
40+ appropriate notices to users of your applications together with Microsoft’s
41+ privacy statement. Our privacy statement is located at
42+ https://go.microsoft.com/fwlink/?LinkID=824704. You can learn more about data
43+ collection and use in the help documentation and our privacy statement. Your use
44+ of the software operates as your consent to these practices.
45+
46+ b. Processing of Personal Data. To the extent Microsoft is a processor or
47+ subprocessor of personal data in connection with the software, Microsoft makes
48+ the commitments in the European Union General Data Protection Regulation Terms
49+ of the Online Services Terms to all customers effective May 25, 2018, at
50+ https://docs.microsoft.com/legal/gdpr .
51+
52+ 3. UPDATES. The software may periodically check for updates and download and
53+ install them for you. You may obtain updates only from Microsoft or authorized
54+ sources. Microsoft may need to update your system to provide you with updates.
55+ You agree to receive these automatic updates without any additional notice.
56+ Updates may not include or support all existing software features, services, or
57+ peripheral devices. If you do not want automatic updates, you may turn them off
58+ by following the instructions in the documentation at
59+ https://go.microsoft.com/fwlink/?LinkID=616397 .
60+
61+ 4. FEEDBACK. If you give feedback about the software to Microsoft, you give to
62+ Microsoft, without charge, the right to use, share and commercialize your
63+ feedback in any way and for any purpose. You will not give feedback that is
64+ subject to a license that requires Microsoft to license its software or
65+ documentation to third parties because we include your feedback in them. These
66+ rights survive this agreement.
67+
68+ 5. SCOPE OF LICENSE. This license applies to the Visual Studio Code product.
69+ Source code for Visual Studio Code is available at
70+ https://github.com/Microsoft/vscode under the MIT license agreement. The
71+ software is licensed, not sold. This agreement only gives you some rights to use
72+ the software. Microsoft reserves all other rights. Unless applicable law gives
73+ you more rights despite this limitation, you may use the software only as
74+ expressly permitted in this agreement. In doing so, you must comply with any
75+ technical limitations in the software that only allow you to use it in certain
76+ ways. You may not
77+
78+ * reverse engineer, decompile or disassemble the software, or otherwise attempt
79+ to derive the source code for the software except and solely to the extent
80+ required by third party licensing terms governing use of certain open source
81+ components that may be included in the software;
82+
83+ *remove, minimize, block or modify any notices of Microsoft or its suppliers in
84+ the software;
85+
86+ * use the software in any way that is against the law;
87+
88+ * share, publish, rent or lease the software, or provide the software as a
89+ stand-alone offering for others to use.
90+
91+ 6. SUPPORT SERVICES. Because this software is “as is,” we may not provide
92+ support services for it.
93+
94+ 7. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates,
95+ Internet-based services and support services that you use, are the entire
96+ agreement for the software and support services.
97+
98+ 8. EXPORT RESTRICTIONS. You must comply with all domestic and international
99+ export laws and regulations that apply to the software, which include
100+ restrictions on destinations, end-users, and end use. For further information on
101+ export restrictions, see https://www.microsoft.com/exporting .
102+
103+ 9. APPLICABLE LAW. If you acquired the software in the United States, Washington
104+ law applies to interpretation of and claims for breach of this agreement, and
105+ the laws of the state where you live apply to all other claims. If you acquired
106+ the software in any other country, its laws apply.
107+
108+ 10. CONSUMER RIGHTS; REGIONAL VARIATIONS. This agreement describes certain legal
109+ rights. You may have other rights, including consumer rights, under the laws of
110+ your state or country. Separate and apart from your relationship with Microsoft,
111+ you may also have rights with respect to the party from which you acquired the
112+ software. This agreement does not change those other rights if the laws of your
113+ state or country do not permit it to do so. For example, if you acquired the
114+ software in one of the below regions, or mandatory country law applies, then the
115+ following provisions apply to you:
116+
117+ a. Australia. You have statutory guarantees under the Australian Consumer Law
118+ and nothing in this agreement is intended to affect those rights.
119+
120+ b. Canada. If you acquired this software in Canada, you may stop receiving
121+ updates by turning off the automatic update feature, disconnecting your device
122+ from the Internet (if and when you re-connect to the Internet, however, the
123+ software will resume checking for and installing updates), or uninstalling the
124+ software. The product documentation, if any, may also specify how to turn off
125+ updates for your specific device or software.
126+
127+ c. Germany and Austria.
128+
129+ i. Warranty. The properly licensed software will perform substantially as
130+ described in any Microsoft materials that accompany the software. However,
131+ Microsoft gives no contractual guarantee in relation to the licensed software.
132+
133+ ii. Limitation of Liability. In case of intentional conduct, gross negligence,
134+ claims based on the Product Liability Act, as well as, in case of death or
135+ personal or physical injury, Microsoft is liable according to the statutory
136+ law.
137+
138+ Subject to the foregoing clause (ii), Microsoft will only be liable for slight
139+ negligence if Microsoft is in breach of such material contractual obligations,
140+ the fulfillment of which facilitate the due performance of this agreement, the
141+ breach of which would endanger the purpose of this agreement and the compliance
142+ with which a party may constantly trust in (so-called "cardinal obligations").
143+ In other cases of slight negligence, Microsoft will not be liable for slight
144+ negligence.
145+
146+ 11. DISCLAIMER OF WARRANTY. The software is licensed “as-is.” You bear the risk
147+ of using it. Microsoft gives no express warranties, guarantees or conditions. To
148+ the extent permitted under your local laws, Microsoft excludes the implied
149+ warranties of merchantability, fitness for a particular purpose and non-
150+ infringement.
151+
152+ 12. LIMITATION ON AND EXCLUSION OF DAMAGES. You can recover from Microsoft and
153+ its suppliers only direct damages up to U.S. $5.00. You cannot recover any other
154+ damages, including consequential, lost profits, special, indirect or incidental
155+ damages. This limitation applies to (a) anything related to the software,
156+ services, content (including code) on third party Internet sites, or third party
157+ applications; and (b) claims for breach of contract, breach of warranty,
158+ guarantee or condition, strict liability, negligence, or other tort to the
159+ extent permitted by applicable law. It also applies even if Microsoft knew or
160+ should have known about the possibility of the damages. The above limitation or
161+ exclusion may not apply to you because your state or country may not allow the
162+ exclusion or limitation of incidental, consequential or other damages.
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