MICROSOFT LICENSE TERMS
MICROSOFT SYMBOL SERVER
Last Updated June 2022
These license terms are an agreement between you and Microsoft Corporation (or one of its affiliates). They apply to use of the Microsoft Symbol Server and to the symbols, binary code and other executables, including any updates and new versions thereof, available via the Microsoft Symbol Server (except to the extent such items are accompanied by new or additional terms, in which case those different terms apply prospectively and do not alter your or Microsoft's rights relating to pre-updated items). IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW. BY USING THE SYMBOL SERVER, including without limitation as it may be accessed by any Microsoft or third-party tools or services, YOU ACCEPT THESE TERMS.
INSTALLATION AND USE RIGHTS.
a. General. You may use the Microsoft Symbol Server to download and make any number of copies of the symbols, binary code, and other executables (together, the "Symbol Items") provided by the Microsoft Symbol Server, including deployment within your internal corporate network, solely for purposes of performance, security or functional debugging and testing of your software as used with Microsoft software, or as otherwise authorized by Microsoft.
b. Third Party Components. The Symbol Items may include third party components with separate legal notices or governed by other agreements, as may be described in the ThirdPartyNotices file accompanying the Symbol Items or at https://www.microsoft.com/en-us/legal/third-party-notices. Even if such third party components are governed by other agreements, the disclaimer, limitations on, and exclusions of damages below also apply to the extent allowed by applicable law.
DATA.
a. Data Collection. The Symbols Server may collect information about you and your use of the server, and send that data 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 Symbols Server documentation. There are also some features in the server 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://privacy.microsoft.com/en-US/privacystatement. You can learn more about data collection and its use from the server documentation and our privacy statement. Your use of the Symbols Server operates as your consent to these practices.
b. Processing of Personal Data. To the extent Microsoft is a processor or subprocessor of personal data in connection with the Symbols Server, 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://learn.microsoft.com/legal/gdpr.
UPDATES. Symbol Items or tools and services you use with the Microsoft Symbol Server may periodically check for updates and download and install them for you. You agree to receive these automatic updates without any additional notice. Any updates are subject to these license terms unless they are accompanied by new or additional terms. Updates may not include all Symbol Items you previously installed.
FEEDBACK. If you give feedback about the Microsoft Symbol Server or Symbol Items to Microsoft, you give to Microsoft, without charge, the right to use, share and commercialize your feedback in any way and for any purpose. You will not give feedback that is subject to a license that requires Microsoft to license its software or documentation to third parties because we include your feedback in them. These rights survive this agreement.
SCOPE OF LICENSE. The Symbol Items are licensed, not sold. This agreement gives you only the rights set forth in Section 1 to use the Symbol Items. Microsoft reserves all other rights. Except as set forth herein, including rights provided under applicable law, you may use the Symbol Items only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the Symbol Items that allow you to use them only in certain ways. You may not
a. reverse engineer or decompile the binary code or executables, or otherwise attempt to derive the source code for the binary code or executables, except as necessary to carry out performance, security or functional debugging of your software as used with relevant Microsoft software or as otherwise authorized by Microsoft, or as required by third party licensing terms governing use of certain open source components that may be included in the binary code or executables;
b. remove, minimize, block or modify any notices of Microsoft or its suppliers in the Symbol Items;
c. use the Symbol Items in any way that is against the law; or
d. share, publish, rent, or lease the Symbol Items, or provide the Symbol Items as stand-alone offerings for others to use.
CODE INSPECTION. The Microsoft Symbols Server includes functionality that enables you to download and make any number of copies of the Symbol Items provided by the Microsoft Symbol Server, including deployment within your internal corporate network, solely for purposes of performance, security or functional debugging and testing of your software as used with Microsoft software, or as otherwise authorized by Microsoft, as described in Section 1. By using this functionality, you acknowledge that the Symbol Items 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.
MICROSOFT PLATFORMS. The Microsoft Symbols Server may include components from Microsoft Windows, Microsoft Windows Server, Microsoft SQL Server, Microsoft Exchange, Microsoft Office, or 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, or at https://learn.microsoft.com/visualstudio/productinfo/vs-servicing#components-not-covered-by-visual-studio-servicing, except that, if separate license terms for those components are included in the associated installation directly, those license terms control.
SUPPORT SERVICES. Microsoft is not obligated under this agreement to provide any support services for the Symbol Items. Any support provided is "as is," "with all faults," and without warranty of any kind.
ENTIRE AGREEMENT. This agreement, and any terms for updates, Internet-based services or support services that you use, are the entire agreement for the Symbol Items.
EXPORT RESTRICTIONS. You must comply with all domestic and international export laws and regulations that apply to the Symbol Items, which include restrictions on destinations, end-users, and end use. For further information on export restrictions, see https://www.microsoft.com/exporting.
APPLICABLE LAW. If you acquired the Symbol Items in the United States, Washington 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 Symbol Items in any other country, its laws apply.
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. 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 Symbol Items 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 this agreement is intended to affect those rights.
b. Canada. If you acquired the Symbol Items in Canada, you may stop receiving updates by turning off the automatic update feature, disconnecting your device from the Internet (if and when you re-connect to the Internet, however, the software will resume checking for and installing updates), or uninstalling the software. The product documentation, if any, may also specify how to turn off updates for your specific device or software.
c. Germany and Austria.
- Warranty. The properly licensed Symbol Items will perform substantially as described in any Microsoft materials that accompany the Symbol Items. However, Microsoft gives no contractual guarantee in relation to the licensed Symbol Items.
- 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 foregoing clause (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.
DISCLAIMER OF WARRANTY. The Symbol Items are licensed "as-is." You bear the risk of using them. 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.
LIMITATION ON AND EXCLUSION OF 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 Symbol Items, any 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.