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419 comments

I for one welcome our new benevolent overlord (5, Funny)

Try to think about i (661547) | more than 9 years ago | (#10003594)

Hail Linus

Re:I for one welcome our new benevolent overlord (-1, Redundant)

Anonymous Coward | more than 9 years ago | (#10003601)

ditto

Re:I for one welcome our new benevolent overlord (-1, Offtopic)

Anonymous Coward | more than 9 years ago | (#10003657)

Whoopie Goldberg: "ditto? what the hell is ditto?"

FR!! (-1, Offtopic)

Anonymous Coward | more than 9 years ago | (#10003610)

I got first reply on the first post!

OT: Is this theme new? (-1, Offtopic)

Anonymous Coward | more than 9 years ago | (#10003598)

Like the glassy black bars!

hear ye (-1, Offtopic)

Anonymous Coward | more than 9 years ago | (#10003602)

meow mix is good on toast

RMS was quoted as saying (5, Funny)

Anonymous Coward | more than 9 years ago | (#10003604)

That's GNU/Dictatorship damn you.

Slashdot mderators are scumsucking vermin (-1, Offtopic)

Anonymous Coward | more than 9 years ago | (#10003865)

The moderators here on slashdot are the most vile scusucking vermin that have ever walked the earth. this should be moderated as funny but some ignorant dickhead calles it flaimbait. hey moderators fuck you, your a bunch of incompetant morons. hey CMDR Taco revamp the moderator system its failing horribly.

Re:RMS was quoted as saying (3, Funny)

ViolentGreen (704134) | more than 9 years ago | (#10003912)

And it shows that OSS really is like communism because it has a dictator.

Re:RMS was quoted as saying (-1, Offtopic)

Anonymous Coward | more than 9 years ago | (#10003973)

+10, Funny!

Re:RMS was quoted as saying (4, Funny)

Aardpig (622459) | more than 9 years ago | (#10003979)

And it shows that OSS really is like communism because it has a dictator.

And also like fascisim, since the Nazis were National Socialists, and we all know socialism is the same as communism.

Re:RMS was quoted as saying (0)

Anonymous Coward | more than 9 years ago | (#10003982)

GNU/dictator

Hyperbolic Slashdot (-1, Troll)

rd_syringe (793064) | more than 9 years ago | (#10003981)

When put through a hyperbole filter, Slashdot as of late has been like this:

- SP2 is bad
- SP2 has bugs
- Microsoft is evil and funded a study
- SP2 is a joke and you hate it
- The latest bad news on SP2
- Our Savior Linus Torvalds is a benevolent dictator using trust and friendship to spread joy through the world
- A random Star Wars DVD article with info we already knew

Torvalds created a good kernel... (5, Insightful)

TrollBridge (550878) | more than 9 years ago | (#10003615)

...not a 'movement'. He wisely left that nonsense to the zealots.

Re:Torvalds created a good kernel... (4, Funny)

Cranx (456394) | more than 9 years ago | (#10003712)

He actually just said "leading" which, if any single person could be called "leading" would probably be him. Without his kernel, we would all probably not even know who SCO was.

Re:Torvalds created a good kernel... (3, Funny)

latroM (652152) | more than 9 years ago | (#10003817)

Or this sco thing would have happened with the Hurd or one of the BSD kernels.

Re:Torvalds created a good kernel... (2, Interesting)

drinkypoo (153816) | more than 9 years ago | (#10003990)

Actually, if Linux hadn't come around then it's possible that the BSDs would still be puttering around in the stone age because they would not have had as much motivation to thrive through competition, and the only commercial x86 Unixes would then be Solaris/x86, which would still be a sad joke (now it's just an unfunny joke), BSDi which would be just as sad a joke if not sadder, and SCO Unix which would probably merge with SCO Unixware and become one decent product. Hence if it were not for Linux SCO might actually be a contender today. However Linux became too much too fast for SCO to keep up and made them irrelevant. Their attack on linux can be seen as a kind of attempt to take revenge for the destruction of SCO's chance to succeed.

Re:Torvalds created a good kernel... (2, Insightful)

Sv-Manowar (772313) | more than 9 years ago | (#10003725)

Everything has an action and a reaction , I cant see linus predicting this coming after starting that many years ago

Re:Torvalds created a good kernel... (5, Insightful)

komu (67930) | more than 9 years ago | (#10003737)

Actually, Linus created more than just a kernel: he created a development process. We might take it for granted now, but the process didn't really exist in it's current form before Linux kernel.

Re:Torvalds created a good kernel... (2, Insightful)

Anonymous Coward | more than 9 years ago | (#10003828)

What development process would that be exactly? Certainly not the open sharing of code. That existed long before Linus and Linux.

Re:Torvalds created a good kernel... (3, Funny)

Anonymous Coward | more than 9 years ago | (#10003773)

He wisely left that nonsense to the zealots.
I think you mean:

He wisely left that nonsense to Slashdo^H^H^H^H^H^H^Hthe zealots.

Trollbrigade modet insightful (0)

Anonymous Coward | more than 9 years ago | (#10003886)

Thank you mods.

Now if he only said something insightful I wouldn't have a problem with it but calling unspecified people that are involved in open source zealots is simply trolling.

Re:Torvalds created a good kernel... (0)

Anonymous Coward | more than 9 years ago | (#10003893)

oh yea?

where are these zealots you speak of?

have you shaken their hand? read over their business proposals? done a system install with them?

i've never met a linux zealot and looked him in the eye.

oh wait..you were talking about expressing an opinion on the internet?

I see. You are one of those.

Re:Torvalds created a good kernel... (0)

Anonymous Coward | more than 9 years ago | (#10003903)

i've never met a linux zealot and looked him in the eye.
Take a look in the mirror.

Zealotry (4, Insightful)

amightywind (691887) | more than 9 years ago | (#10003939)

He wisely left that nonsense to the zealots.

I assume you are refering to RMS, Chief GNUsance. Part of his zealotry has been to get copyright releases for code from all GNU contributors. As a result GNU packages have no where near the same legal vulnerablities as the Linux kernel because contributions are traced. RMS anticipated that legal dirty tricks would be used against him and he uses the law to his advantage (as does the GPL). Perhaps Linus should become more zealous in this respect.

Re:Torvalds created a good kernel... (2, Insightful)

jbn-o (555068) | more than 9 years ago | (#10003964)

That "zealotry" helped build a license (the GNU General Public License) which in turn helped create a movement. It's funny how people are called names when they advocate for their freedom.

NASCAR style of leadership. (0, Funny)

Anonymous Coward | more than 9 years ago | (#10003618)

NASCAR is also based on a 'benevolent dictatorship' style of management. Maybe Linus should consuly Bill France for some tips.

The hard part is over... (0, Troll)

NIN1385 (760712) | more than 9 years ago | (#10003620)

Now we just have to get Mr. Gates to admit he is a money hungry piece of shit and the world will be at peace...

Re:The hard part is over... (-1, Offtopic)

Anonymous Coward | more than 9 years ago | (#10003700)

Now we just have to get Mr. Gates to admit he is a money hungry piece of shit

Him and 95% of the rest of the World. Do we hate Gates so much because he is evil or because he suceeded where the rest of us have failed.

Re:No... we hate Gates because (-1, Offtopic)

Anonymous Coward | more than 9 years ago | (#10003769)

He won the lottery. The big lottery. The IBM PC lottery and has done nothing with with except make more crappy software. Gates is not the one of the world's richest people because he is smarter, he is one of the richest becasue IBM was dumb.

Re:The hard part is over... (1)

NIN1385 (760712) | more than 9 years ago | (#10003746)

I only have one thing to say to anyone who doesn't think Microsoft and/or Bill is evil....read this:

Click Here [fuckmicrosoft.com]

Re:The hard part is over... (0)

Anonymous Coward | more than 9 years ago | (#10003757)

Mr. Gates is a brilliant business man.
Don't be jealous NIN1385. What happened in 1385?

Re:The hard part is over... (1)

NIN1385 (760712) | more than 9 years ago | (#10003834)

Mr. Gates is a brilliant business man.

Exactly...business man, he knows marketing and that is why his company was succesful. Grow some balls, get a nickname, read the article and stfu.

Re:The hard part is over... (0, Offtopic)

NIN1385 (760712) | more than 9 years ago | (#10003786)

Looks like someone is a microsoft lover... if you dont like my comments...ignore them

Linus' words = gospel... (-1, Flamebait)

wikdwarlock (570969) | more than 9 years ago | (#10003621)

such that nobody is posting any replies?

Note to self, in order to attain first post in the future, link to the words of Linus.

Re:Linus' words = gospel... (0)

Anonymous Coward | more than 9 years ago | (#10003676)

Wow, 9 posts today, trying to get some karma points? heh mod this guy up

Re:Linus' words = gospel... (0, Offtopic)

wikdwarlock (570969) | more than 9 years ago | (#10003934)

Guilty as charged.

Re:Linus' words = gospel... (0)

Anonymous Coward | more than 9 years ago | (#10003967)

hehe, I like that honesty ;) adding you, a fellow canadian, to my friends list

It's not that we don't have slight disagreements (4, Insightful)

Moth7 (699815) | more than 9 years ago | (#10003839)

Can't blame a lack of replies on that. It's just that more people tend to RTFA when Linus speaks ;-)

For those of you with eyestrain (like myself) (1, Offtopic)

AKAImBatman (238306) | more than 9 years ago | (#10003646)

Here's a link to the story in normal colors [slashdot.org]. There's a reason why some colors are considered "primaries" and others "secondaries".

Re:For those of you with eyestrain (like myself) (0)

Anonymous Coward | more than 9 years ago | (#10003774)

You can also use:
http://goatse.slashdot.org/article.pl?sid=04 /08/18 /1653258&tid=190&tid=106 or
http://downwithmicrosoft-slashdotrullesthewolr d.sl ashdot.org/article.pl?sid=04/08/18/1653258&tid=190 &tid=106
So whats was the point?

Re:For those of you with eyestrain (like myself) (0)

Anonymous Coward | more than 9 years ago | (#10003829)

The point it to make it readable. Nothing more, nothing less.

Re:For those of you with eyestrain (like myself) (1)

Smitty825 (114634) | more than 9 years ago | (#10003794)

The linux colors aren't too bad, IMHO...however, if you were to go to the "IT" section and offer a normal color link, I bet you would get a +5 insightful :-)

As opposed to Theo de Raadt (-1, Offtopic)

Anonymous Coward | more than 9 years ago | (#10003648)

Go Theo. OpenBSD rocks, but upgrading packages and sources does not.

Others should learn. (0, Insightful)

Anonymous Coward | more than 9 years ago | (#10003650)

> "I can't be nasty" when leading the open-source movement since it's all built on trust and teamwork.

Something the GNOME folks can learn from.

nr2? (4, Interesting)

remc0 (745067) | more than 9 years ago | (#10003652)

Linux become the No. 2 operating system worldwide for server computers.
Wouldnt that be nr 1 in server and nr 2 in desktop?

Re:nr2? (2, Informative)

Anonymous Coward | more than 9 years ago | (#10003778)

What would make you think that? Microsoft still has a very solid lead in pretty much all server markets. Don't be fooled by Netcraft that only shows websites. Sites don't equal servers (Windows - whether apache or IIS - actually runs around 50% of servers - Linux - which is pretty much just Apache - is more popular with bulk hosts with many sites on one box) and web servers are just a small percentage of all servers.

And Linux is a distant 3rd on the desktop behind Windows and OS X.

In the same way (1)

Moth7 (699815) | more than 9 years ago | (#10003902)

Don't be fooled by the desktop statistics. Just because Windows or OS X came on the box, doesn't mean that it wasn't immediately wiped and replaced with Linux. Until bundling of operating systems with hardware is abandoned, those statistics will never be reliable.

Sentiments from his book (5, Informative)

numLocked (801188) | more than 9 years ago | (#10003653)

If you found this interview interesting, I would recommend his book (ghost-written, of course), Just for Fun [amazon.com]. It's suprisingly light reading.

Re:Sentiments from his book (5, Interesting)

MrsPReDiToR (736605) | more than 9 years ago | (#10003740)

So interesting that this sceptical wife of an uber geek bought it for the hubby as a christmas present, read it herself and now only uses open source software. I even find open office to be far more practical than Microsoft. Oh and not to mention Ive had no spyware problems since switching. So this may all be old news to the confirmed geeks out there but if the wife is saying "yeah yeah" when you bang on about how good Linux etc is pass her the book. Humour and intelligence, the two things GUARANTEED to work on a woman!

I, for one, welcome our new Linux .... (-1, Redundant)

Anonymous Coward | more than 9 years ago | (#10003654)

oops, never mind.

Linux #2 in server market? (4, Interesting)

leinhos (143965) | more than 9 years ago | (#10003658)

from the article:

"... That has helped Linux become the No. 2 operating system worldwide for server computers."

Dumb question, I know, but who exactly is number 1, and what constitutes a server, anyway?

Re:Linux #2 in server market? (1)

SirStanley (95545) | more than 9 years ago | (#10003685)

Solaris? They are / were the dot in dot com. Then they were the internet... I'm not sure.... hmmm...

Re:Linux #2 in server market? (0)

Anonymous Coward | more than 9 years ago | (#10003908)

HAHAHAHAHAHAH. That might be the funniest post I've ever read. Solaris number one in server market share. HAHAHA. I can't stop laughing. We always hear about how well Sun is doing and that they have no interest in Linux. Yeah number one. Oh god. Make it stop. And a 5 digit ID. Just goes to show that lower ID means nothing.

Re:Linux #2 in server market? (1, Insightful)

Anonymous Coward | more than 9 years ago | (#10003714)

Belive it or not, Windows has a large server market share. Usually they are intranet servers, however.

Re:Linux #2 in server market? (5, Funny)

MattyCobb (695086) | more than 9 years ago | (#10003739)

from the article:

"... That has helped Linux become the No. 2 operating system worldwide for server computers."

Dumb question, I know, but who exactly is number 1, and what constitutes a server, anyway?


Duh, #1 is "beowulf clusters" of Windows 98 machines being used to send spam ;)

virus ridden machines (4, Funny)

millahtime (710421) | more than 9 years ago | (#10003858)

Well, a server is something that servers. All those M$ machines with viruses serving up more of themselves for everyone else. That would be a server right? Keeping M$ in the lead. Maybe that's part of their master plan to stay at the top of servers.

Re:Linux #2 in server market? - Revenue (1)

mykepredko (40154) | more than 9 years ago | (#10003892)

Maybe Linux is rated the #2 server OS source by revenue...

This post wasn't meant as a joke. I wonder if somebody summed the revenue of Linux distribution providers and compared it to Microsoft? I wonder if this calculation would include IBM as a distributor?

myke

Re:Linux #2 in server market? (0)

Anonymous Coward | more than 9 years ago | (#10003948)

How hard is it to figure it out. Windows has a huge lead of Linux and everybody else. Add together Webservers, SQL Servers, File Servers, Application Servers, etc. and you have quite a huge beast. Linux is popular in the webserver world (but still number 2 to Microsoft) but nowhere else. Oracle rules DB's but nowhere else, AIX has a huge application server market share but nothing else. Solaris is a joke in any market. Who am I missing (and don't say Mac)?

"I can't be nasty".... (3, Funny)

FerretFrottage (714136) | more than 9 years ago | (#10003663)

now back to work my open source minions. 2.6.100 won't write itself.

Re:"I can't be nasty".... (2, Funny)

Anonymous Coward | more than 9 years ago | (#10003723)

now back to work my open source minions. 2.6.100 won't write itself

No, but 2.7 will.

maybe theo de radt should take a note from him.. (0, Troll)

joeldg (518249) | more than 9 years ago | (#10003666)

saying that mr. "de radt" is considered almost "the devil" (or exactly the opposite of Linus) by many.

that guy has been ranting and cursing out everyone since he got online.

makes for an enjoyable read, but I know a lot of people who wouldn't work for someone like that..

guess they are working with linus eh?

Re:maybe theo de radt should take a note from him. (4, Insightful)

AKAImBatman (238306) | more than 9 years ago | (#10003731)

that guy has been ranting and cursing out everyone since he got online.

Wasn't that how Jobs originally built Apple? I think he's been downgraded to "serious pain in the ass". While I don't agree with the pressure he put on the original Mac developers, there is something to be said for someone who can be a bit more forceful. I can almost guarantee that the iPod wouldn't have succeeded so well if Jobs hadn't been such a PITA about all the minor details.

Re:maybe theo de radt should take a note from him. (1, Insightful)

Anonymous Coward | more than 9 years ago | (#10003852)

Interesting. How is a discussion of forceful personalities vs. non-forceful personalities as it relates to software, in any way off topic?

OpenBSD (5, Insightful)

evenprime (324363) | more than 9 years ago | (#10003675)

Theo isn't the most polite, but he certainly gets things done in an organized safe and secure manner

Re:OpenBSD (0)

Anonymous Coward | more than 9 years ago | (#10003743)

I proudly run an OpenBSD firewall/router on my home network. It works great. But I have to ask, how is the relavent to the article at hand?

Importance of Software Patents (5, Insightful)

william_lorenz (703263) | more than 9 years ago | (#10003683)

In the article, Linus mentions his concerns about software patents:
The only things I worry about are all the things that go around the project. Part of it is legal issues. [...] We have random people in random countries working on random things, and they don't have 1,000 patent lawyers. So I'm not worried about one patent in particular, but the whole system. It's not a problem today. But it's a thing I can't control, unlike the technical side, where I can actually do something.
I think he brings about some interesting thoughts -- are changes to the Linux open source development model needed to incorporate contributions from the legal side, checking patents and verifying that source is safe to include in a project -- albeith the Linux kernel or other open source projects? Is this the responsibility of the distribution vendors (such as Red Hat, Novell / SUSE, Debian), or shoud the Linux kernel team and individual projects take this responsibility upon themselves? Should these concerns just be disregarded, and is that safe?

I think that not thinking about these things will eventually hinder Linux adoption [slashdot.org], as it did in Munich's case.

So what's the long term plan? What kind of ideas are out there? I know there's a solution to be found!

Re:Importance of Software Patents (4, Interesting)

Neil Watson (60859) | more than 9 years ago | (#10003904)

This begs the question. If software patents become more common how will anyone know that they have knowing or unknowing violated a patent?

Say wing-ding looping and sorting method 'B' is patented and, not knowing anything about it, I create it myself. Should I check my code and all code I write to ensure that it is not already patented? If that's the case you can kiss a great many OSS projects goodbye because they won't have the resources or the patients for this type of thing.

Kernel Tree Maintainer, not Linux Overlord (5, Informative)

Inhibit (105449) | more than 9 years ago | (#10003687)

Linus is just the maintainer of the general stable tree of the Linux kernel, he's not some kind of Linux czar.

There's a big difference between rule of an OS with an iron fist and maintainership of a kernel for an OS. Linus does a good job maintaining his project (the Linux kernel), so no one directly forks it.

Anyway, the article's a interview that ranges over his opinion on some patent issues.. not that you'd realize it from the post.

maybe linus wont be nasty... (-1, Offtopic)

Anonymous Coward | more than 9 years ago | (#10003713)

but ill sure get nasty with his kernel!

linux- the only non-popcorn kernel that still gets salted.

Come on Linus, don't go there. (2, Interesting)

garcia (6573) | more than 9 years ago | (#10003715)

Q: Some say Linux and a lot of open-source projects really aren't innovative, that they're copies of commercial products. What's your reaction to that?
A: I disagree. It's an easy argument to make. One reason people make it is that, in open source, they don't see the revolutionary new versions magically appearing. In comparison, look at commercial closed systems. They make a new release every year or three to four years with a huge marketing splash. They make it look very different. But it's a circus to make it look like a sudden innovation.


I disagree with Linus on this one. While the kernel might be worked on and might improve by leaps and bounds, MANY of the programs available through open source is fucking terrible and certainly nothing more than a free knockoff of a Windows/etc counterpart (hell wasn't that the entire point of Linux in the first place)?

Yes, sure, many commercial applications are buggy and have slow release times but at least they aren't 100% alpha quality with huge disclaimers that they aren't responsible for what happens to your computer when you run them.

Remember, this is the biggest reason that people don't go to Linux right now... No application support. It will likely get better but I can't believe he said that it wasn't as bad as I think.

Re:Come on Linus, don't go there. (0)

Anonymous Coward | more than 9 years ago | (#10003802)

While the kernel might be worked on and might improve by leaps and bounds, MANY of the programs available through open source is fucking terrible

Did you really need to fucking swear to make your point?

Re:Come on Linus, don't go there. (-1, Troll)

Anonymous Coward | more than 9 years ago | (#10003826)

I don't understand what it is w/you people. If you don't like what I have to say, and how I say it, foe me. It's that easy.

You won't ever have to see me again.

If you can't get over the infantile attitude of "oh no a curse" then you shouldn't read what's posted on the Internet (or elsewhere). I speak here how I would at any other time (obvious exceptions include obituaries and court appearances).

Re:Come on Linus, don't go there. (4, Informative)

Vaevictis666 (680137) | more than 9 years ago | (#10003814)

a free knockoff of a Windows/etc counterpart (hell wasn't that the entire point of Linux in the first place)?

No, actually it was as a free replacement for a unix-like system. The "replacement for windows" talk didn't start up for a fair while.

Re:Come on Linus, don't go there. (1)

garcia (6573) | more than 9 years ago | (#10003894)

No, actually it was as a free replacement for a unix-like system. The "replacement for windows" talk didn't start up for a fair while.

Wow, you guys are so literal... The OSS world is full of knockoffs from Windows/etc (etc does mean more than just Windows). I remember when I started to use Linux I used multiple WM's including an Amiga-like one, one that looked like a NeXT box setup, and even one that appeared to look like OS/2!

Re:Come on Linus, don't go there. (1)

StormCrow (10254) | more than 9 years ago | (#10003842)

I disagree with Linus on this one. While the kernel might be worked on and might improve by leaps and bounds, MANY of the programs available through open source is fucking terrible and certainly nothing more than a free knockoff of a Windows/etc counterpart (hell wasn't that the entire point of Linux in the first place)?

No, the entire point of Linux in the first place was to be a free Minix/UNIX clone for Linus to play with. It's just that lots of other people became interested too.

Re:Come on Linus, don't go there. (4, Insightful)

RealAlaskan (576404) | more than 9 years ago | (#10003851)

... nothing more than a free knockoff of a Windows/etc counterpart (hell wasn't that the entire point of Linux in the first place)?

No, it was supposed to be a free version of Unix. Nobody wanted Windows! That's why Linus had to write his kernel to replace th MS operating system which he surely got with his fancy new 386.

... many commercial applications are buggy and have slow release times but at least they aren't 100% alpha quality with huge disclaimers that they aren't responsible ...

Never read the click-through licences, have you? They all begin with something like: ``This product comes with no warrenty, including without limitation any warrenty of fitness for any particular purpose.''

It will likely get better but I can't believe he said that it wasn't as bad as I think.

He must know how badly you think?

actually you're wrong on one part of that point... (5, Interesting)

Narcocide (102829) | more than 9 years ago | (#10003868)

ever actually READ an EULA on a piece of commercial software? its a lot of really complicated legal text saying just that; they're not responsible for anything the software does to your computer. the *microsoft* EULAs usually also say you're legally bound to keep your mouth shut about anything bad the software does to your computer. i'm not joking. read one sometime.

Re:Come on Linus, don't go there. (1)

10Ghz (453478) | more than 9 years ago | (#10003899)

MANY of the programs available through open source is fucking terrible and certainly nothing more than a free knockoff of a Windows/etc counterpart (hell wasn't that the entire point of Linux in the first place)?

No. The point of Linux was to write an Unix-like operating-system for x86. Granted, it has grown a bit sine that ;).

And I don't have any problems with the apps that are available on Linux. I have W2K on this machine as well, but I rarely boot in to it anymore.

Yes, sure, many commercial applications are buggy and have slow release times but at least they aren't 100% alpha quality with huge disclaimers that they aren't responsible for what happens to your computer when you run them.


Uh, yes they do. Windows EULA specificly says that Microsoft will not be held liable if Windows screws up your system. They basically say "this may or may not work. If it doesn't.... Well, sucks to be you!"

Re:Come on Linus, don't go there. (0)

Anonymous Coward | more than 9 years ago | (#10003914)

"Yes, sure, many commercial applications are buggy and have slow release times but at least they aren't 100% alpha quality with huge disclaimers that they aren't responsible for what happens to your computer when you run them."

Sure you did not get the other way around?

Re:Come on Linus, don't go there. (1, Informative)

Anonymous Coward | more than 9 years ago | (#10003930)

IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Microsoft Corporation for the Microsoft software that accompanies this EULA, which includes computer software and may include associated media, printed materials, "online" or electronic documentation, and Internet-based services ("Software"). An amendment or addendum to this EULA may accompany the software. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND, IF APPLICABLE.

1. GRANT OF LICENSE. Microsoft grants you the following rights provided that you comply with all terms and conditions of this EULA:

1.1 Installation and use. You may install, use, access, display and run one copy of the Software on a single computer, such as a workstation, terminal or other device ("Workstation Computer"). The Software may not be used by more than one processor at any one time on any single Workstation Computer.

1.2 Mandatory Activation. The license rights granted under this EULA are limited to the first thirty (30) days after you first install the Software unless you supply information required to activate your licensed copy in the manner described during the setup sequence of the Software. You can activate the Software through the use of the Internet or telephone; toll charges may apply. You may also need to reactivate the Software if you modify your computer hardware or alter the Software. There are technological measures in this Software that are designed to prevent unlicensed use of the Software. Microsoft will use those measures to confirm you have a legally licensed copy of the Software. If you are not using a licensed copy of the Software, you are not allowed to install the Software or future Software updates. Microsoft will not collect any personally identifiable information from your Workstation Computer during this process.

1.3 Device Connections. You may permit a maximum of five (5) computers or other electronic devices (each a "Device") to connect to the Workstation Computer to utilize one or more of the following services of the Software: File Services, Print Services, Internet Information Services, and remote access (including connection sharing and telephony services). The five connection maximum includes any indirect connections made through "multiplexing" or other software or hardware which pools or aggregates connections. This five connection maximum does not apply to any other uses of the Software.

1.4 Remote Assistance/NetMeeting. The Software contains Remote Assistance and NetMeeting technologies that enable the Software or applications installed on the Workstation Computer (sometimes referred to as a host device) to be accessed remotely from other Devices. When you are using Remote Assistance or NetMeeting (or other software which provides similar functionality for a similar purpose) you may share your session with other users without any limit on the number of Device connections and without acquiring additional licenses for the Software. For Microsoft and non-Microsoft applications, you should consult the license agreement accompanying the applicable software or contact the applicable licensor to determine whether use of the software with Remote Assistance or NetMeeting is permitted without an additional license. As used above, a session means the experience delivered by the Software similar to when a user is using the input, output and display peripherals attached to the Workstation Computer.

1.5 Storage/Network Use. You may also store or install a copy of the Software on a storage device, such as a network server, used only to install or run the Software on your other Workstation Computers over an internal network; however, you must acquire and dedicate an additional license for each separate Workstation Computer on or from which the Software is installed, used, accessed, displayed or run. Except as otherwise permitted by the NetMeeting and Remote Assistance features described above, a license for the Software may not be shared or used concurrently on different Workstation Computers.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

2.1 Digital Rights Management. Content providers are using the digital rights management technology contained in this Software ("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 DRM to play Secure Content ("DRM Software"). If the DRM Software's security has been compromised, owners of Secure Content ("Secure Content Owners") may request that Microsoft revoke the DRM Software's right to copy, display and/or play Secure Content. Revocation does not alter the DRM Software's ability to play unprotected content. A list of revoked DRM Software is sent to your computer whenever you download a license for Secure Content from the Internet. You therefore agree that Microsoft may, in conjunction with such license, also download revocation lists onto your computer on behalf of Secure Content Owners. Microsoft will not retrieve any personally identifiable information, or any other information, from your computer by downloading such revocation lists. Secure Content Owners may also require you to upgrade some of the DRM components in this Software ("DRM Upgrades") before accessing their content. When you attempt to play such content, Microsoft DRM Software will notify you that a DRM Upgrade is required and then ask for your consent before the DRM Upgrade is downloaded. Third party DRM Software may do the same. If you decline the upgrade, you will not be able to access content that requires the DRM Upgrade; however, you will still be able to access unprotected content and Secure Content that does not require the upgrade.

2.2 Windows Media Format Software Development Kit ("WMFSDK"). This EULA does not grant you any rights to use the WMFSDK components contained in the Software to develop a software application that uses Windows Media technology. If you wish to use the WMFSDK to develop such an application, visit http://msdn.microsoft.com/workshop/imedia/windowsm edia /sdk/wmsdk.asp, accept a separate license for the WMFSDK, download the appropriate WMFSDK, and install it on your system.

2.3 Internet-Based Services Components. The Software contains components that enable and facilitate the use of certain Internet-based services. You acknowledge and agree that Microsoft may automatically check the version of the Software and/or its components that you are utilizing and may provide upgrades or fixes to the Software that will be automatically downloaded to your Workstation Computer.

2.4 Internet Gaming/Update Features. If you choose to utilize the Internet gaming or update features within the Software, it is necessary to use certain computer system, hardware, and software information to implement the features. By using these features, you explicitly authorize Microsoft or its designated agent to access and utilize the necessary information for Internet gaming and/or updating purposes. Microsoft may use this information solely to improve our software or to provide customized services or technologies to you. Microsoft may disclose this information to others, but not in a form that personally identifies you.

3. RESERVATION OF RIGHTS AND OWNERSHIP. Microsoft reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. Microsoft or its suppliers own the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold.

4. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

5. NO RENTAL/COMMERCIAL HOSTING. You may not rent, lease, lend or provide commercial hosting services with the Software.

6. CONSENT TO USE OF DATA. You agree that Microsoft and its affiliates may collect and use technical information gathered as part of the product support services provided to you, if any, related to the Software. Microsoft may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.

7. LINKS TO THIRD PARTY SITES. You may link to third party sites through the use of the Software. The third party sites are not under the control of Microsoft, and Microsoft is not responsible for the contents of any third party sites, any links contained in third party sites, or any changes or updates to third party sites. Microsoft is not responsible for webcasting or any other form of transmission received from any third party sites. Microsoft is providing these links to third party sites to you only as a convenience, and the inclusion of any link does not imply an endorsement by Microsoft of the third party site.

8. ADDITIONAL SOFTWARE/SERVICES. This EULA applies to updates, supplements, add-on components, or Internet-based services components, of the Software that Microsoft may provide to you or make available to you after the date you obtain your initial copy of the Software, unless we provide other terms along with the update, supplement, add-on component, or Internet-based services component. Microsoft reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of the Software.

9. UPGRADES. To use Software identified as an upgrade, you must first be licensed for the software identified by Microsoft as eligible for the upgrade. After upgrading, you may no longer use the software that formed the basis for your upgrade eligibility.

10. NOT FOR RESALE SOFTWARE. Software identified as "Not For Resale" or "NFR," may not be sold or otherwise transferred for value, or used for any purpose other than demonstration, test or evaluation.

11. ACADEMIC EDITION SOFTWARE. To use Software identified as "Academic Edition" or "AE," you must be a "Qualified Educational User." For qualification-related questions, please contact the Microsoft Sales Information Center/One Microsoft Way/Redmond, WA 98052-6399 or the Microsoft subsidiary serving your country.

12. EXPORT RESTRICTIONS. You acknowledge that the Software is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments. For additional information see http://www.microsoft.com/exporting/.

13. SOFTWARE TRANSFER. Internal. You may move the Software to a different Workstation Computer. After the transfer, you must completely remove the Software from the former Workstation Computer. Transfer to Third Party. The initial user of the Software may make a one-time permanent transfer of this EULA and Software to another end user, provided the initial user retains no copies of the Software. This transfer must include all of the Software (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity). The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the Software must agree to all the EULA terms.

14. TERMINATION. Without prejudice to any other rights, Microsoft may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all of its component parts.

15. LIMITED WARRANTY FOR SOFTWARE ACQUIRED IN THE US AND CANADA. Microsoft warrants that the Software will perform substantially in accordance with the accompanying materials for a period of ninety (90) days from the date of receipt. If an implied warranty or condition is created by your state /jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY-DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you. Any supplements or updates to the Software, including without limitation, any (if any) service packs or hot fixes provided to you after the expiration of the ninety day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory.

LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by Microsoft, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software does not meet Microsoft's Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 17 ("Exclusion of Incidental, Consequential and Certain Other Damages") are also incorporated into this Limited Warranty. Some states /jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have other rights which vary from state/jurisdiction to state/jurisdiction. YOUR EXCLUSIVE REMEDY. Microsoft's and its suppliers' entire liability and your exclusive remedy for any breach of this Limited Warranty or for any other breach of this EULA or for any other liability relating to the Software shall be, at Microsoft's option from time to time exercised subject to applicable law, (a) return of the amount paid (if any) for the Software, or (b) repair or replacement of the Software, that does not meet this Limited Warranty and that is returned to Microsoft with a copy of your receipt. You will receive the remedy elected by Microsoft without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the Software to Microsoft). This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, and Microsoft will use commercially reasonable efforts to provide your remedy within a commercially reasonable time of your compliance with Microsoft's warranty remedy procedures. Outside the United States or Canada, neither these remedies nor any product support services offered by Microsoft are available without proof of purchase from an authorized international source. To exercise your remedy, contact: Microsoft, Attn. Microsoft Sales Information Center/One Microsoft Way/Redmond, WA 98052-6399, or the Microsoft subsidiary serving your country.

16. DISCLAIMER OF WARRANTIES. The Limited Warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications. Except for the Limited Warranty and to the maximum extent permitted by applicable law, Microsoft and its suppliers provide the Software and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Software, and the provision of or failure to provide support or other services, information, software, and related content through the Software or otherwise arising out of the use of the Software. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.

17. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF MICROSOFT OR ANY SUPPLIER, AND EVEN IF MICROSOFT OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

18. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of Microsoft and any of its suppliers under any provision of this EULA and your exclusive remedy hereunder (except for any remedy of repair or replacement elected by Microsoft with respect to any breach of the Limited Warranty) shall be limited to the greater of the actual damages you incur in reasonable reliance on the Software up to the amount actually paid by you for the Software or US$5.00. The foregoing limitations, exclusions and disclaimers (including Sections 15, 16 and 17) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

19. U.S. GOVERNMENT LICENSE RIGHTS. All Software provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All Software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with "Restricted Rights" as provided for in FAR, 48 CFR 52.227 -14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.

20. APPLICABLE LAW. If you acquired this Software in the United States, this EULA is governed by the laws of the State of Washington. If you acquired this Software in Canada, unless expressly prohibited by local law, this EULA is governed by the laws in force in the Province of Ontario, Canada; and, in respect of any dispute which may arise hereunder, you consent to the jurisdiction of the federal and provincial courts sitting in Toronto, Ontario. If you acquired this Software in the European Union, Iceland, Norway, or Switzerland, then local law applies. If you acquired this Software in any other country, then local law may apply.

21. ENTIRE AGREEMENT; SEVERABILITY. This EULA (including any addendum or amendment to this EULA which is included with the Software) is the entire agreement between you and Microsoft relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any Microsoft policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.

Si vous avez acquis votre produit Microsoft au CANADA, la garantie limitée suivante vous concerne:

GARANTIE LIMITÉE

Microsoft garantit que le Logiciel fonctionnera conformément aux documents inclus pendant une période de 90 jours suivant la date de réception. Si une garantie ou condition implicite est créée par votre État ou votre territoire et qu'une loi fédérale ou provinciale ou État en interdit le déni, vous jouissez également d'une garantie ou condition implicite, MAIS UNIQUEMENT POUR LES DÉFAUTS DÉCOUVERTS DURANT LA PÉRIODE DE LA PRÉSENTE GARANTIE LIMITÉE (QUATRE-VINGT-DIX JOURS). IL N'Y A AUCUNE GARANTIE OU CONDITION DE QUELQUE NATURE QUE CE SOIT QUANT AUX DÉFAUTS DÉCOUVERTS APRÈS CETTE PÉRIODE DE QUATRE-VINGT-DIX JOURS. Certains États ou territoires ne permettent pas de limiter la durée d'une garantie ou condition implicite de sorte que la limitation ciidessus peut ne pas s'appliquer à vous. Tous les suppléments ou toutes les mises à jour relatifs au Logiciel, notamment, les ensembles de services ou les réparations à chaud (le cas échéant) qui vous sont fournis après l'expiration de la période de quatre-vingt-dix jours de la garantie limitée ne sont pas couverts par quelque garantie ou condition que ce soit, expresse ou implicite.

LIMITATION DES RECOURS; ABSENCE DE DOMMAGES INDIRECTS OU AUTRES. Votre recours exclusif pour toute violation de la présente garantie limitée est décrit ciaprès. Sauf pour tout remboursement au choix de Microsoft, si le Logiciel ne respecte pas la garantie limitée de Microsoft et, dans la mesure maximale permise par les lois applicables, même si tout recours n'atteint pas son but essentiel, VOUS N'AVEZ DROIT À AUCUNS DOMMAGES, NOTAMMENT DES DOMMAGES INDIRECTS. Les modalités de la clause "Exclusion des dommages accessoires, indirects et de certains autres dommages" sont également intégrées à la présente garantie limitée. Certains États ou territoires ne permettent pas l'exclusion ou la limitation des dommages indirects ou accessoires de sorte que la limitation ou l'exclusion cidessus peut ne pas s'appliquer à vous. La présente garantie limitée vous donne des droits légaux spécifiques. Vous pouvez avoir d'autres droits qui peuvent varier d'un territoire ou d'un État à un autre. VOTRE RECOURS EXCLUSIF. L'obligation intégrale de Microsoft et de ses fournisseurs et votre recours exclusif seront, selon le choix de Microsoft de temps à autre sous réserve de toute loi applicable, a) le remboursement du prix payé, le cas échéant, pour le Logiciel ou b) la réparation ou le remplacement du Logiciel qui ne respecte pas la présente garantie limitée et qui est retourné à Microsoft avec une copie de votre reçu. Vous recevrez la compensation choisie par Microsoft, sans frais, sauf que vous êtes responsable des dépenses que vous pourriez engager (p. ex., les frais d'envoi du Logiciel à Microsoft). La présente garantie limitée est nulle si la défectuosité du Logiciel est causée par un accident, un usage abusif, une mauvaise application, un usage anormal ou un virus. Tout Logiciel de remplacement sera garanti pour le reste de la période de garantie initiale ou pendant trente (30) jours, selon la plus longue entre ces deux périodes. À l'extérieur des États-Unis ou du Canada, ces recours ou l'un quelconque des services de soutien technique offerts par Microsoft ne sont pas disponibles sans preuve d'achat d'une source internationale autorisée. Pour exercer votre recours, vous devez communiquer avec Microsoft et vous adresser au Microsoft Sales Information Center/One Microsoft Way/Redmond, WA 98052-6399, ou à la filiale de Microsoft de votre pays.

DÉNI DE GARANTIES. La garantie limitée mentionnée ci-dessus constitue la seule garantie expresse qui vous est donnée et remplace toutes autres garanties expresses (s'il en est) mentionnées dans un document ou sur un emballage. Sauf en ce qui a trait à la garantie limitée et dans la mesure maximale permise par les lois applicables, le Logiciel et les services de soutien technique (le cas échéant) sont fournis TELS QUELS ET AVEC TOUS LES DÉFAUTS par Microsoft et ses fournisseurs, lesquels par les présentes dénient toutes autres garanties et conditions expresses, implicites ou en vertu de la loi, notamment (le cas échéant) les garanties, devoirs ou conditions implicites de qualité marchande, d'adaptation à un usage particulier, d'exactitude ou d'exhaustivité des réponses, des résultats, des efforts déployés selon les règles de l'art, d'absence de virus et de négligence, le tout à l'égard du Logiciel et de la prestation des services de soutien technique ou de l'omission d'une telle prestation. PAR AILLEURS, IL N'Y A AUCUNE GARANTIE OU CONDITION QUANT AU TITRE DE PROPRIÉTÉ, À LA JOUISSANCE OU LA POSSESSION PAISIBLE, À LA CONCORDANCE À UNE DESCRIPTION NI QUANT À UNE ABSENCE DE CONTREFAÇON CONCERNANT LE LOGICIEL.

EXCLUSION DES DOMMAGES ACCESSOIRES, INDIRECTS ET DE CERTAINS AUTRES DOMMAGES. DANS LA MESURE MAXIMALE PERMISE PAR LES LOIS APPLICABLES, EN AUCUN CAS MICROSOFT OU SES FOURNISSEURS NE SERONT RESPONSABLES DES DOMMAGES SPÉCIAUX, CONSÉCUTIFS, ACCESSOIRES OU INDIRECTS DE QUELQUE NATURE QUE CE SOIT (NOTAMMENT, LES DOMMAGES À L'ÉGARD DU MANQUE À GAGNER OU DE LA DIVULGATION DE RENSEIGNEMENTS CONFIDENTIELS OU AUTRES, DE LA PERTE D'EXPLOITATION, DE BLESSURES CORPORELLES, DE LA VIOLATION DE LA VIE PRIVÉE, DE L'OMISSION DE REMPLIR TOUT DEVOIR, Y COMPRIS D'AGIR DE BONNE FOI OU D'EXERCER UN SOIN RAISONNABLE, DE LA NÉGLIGENCE ET DE TOUTE AUTRE PERTE PÉCUNIAIRE OU AUTRE PERTE DE QUELQUE NATURE QUE CE SOIT) SE RAPPORTANT DE QUELQUE MANIÈRE QUE CE SOIT À L'UTILISATION DU LOGICIEL OU À L'INCAPACITÉ DE S'EN SERVIR, À LA PRESTATION OU À L'OMISSION D'UNE TELLE PRESTATION DE SERVICES DE SOUTIEN TECHNIQUE OU AUTREMENT AUX TERMES DE TOUTE DISPOSITION DU PRÉSENT EULA OU RELATIVEMENT À UNE TELLE DISPOSITION, MÊME EN CAS DE FAUTE, DE DÉLIT CIVIL (Y COMPRIS LA NÉGLIGENCE), DE RESPONSABILITÉ STRICTE, DE VIOLATION DE CONTRAT OU DE VIOLATION DE GARANTIE DE MICROSOFT OU DE TOUT FOURNISSEUR ET MÊME SI MICROSOFT OU TOUT FOURNISSEUR A ÉTÉ AVISÉ DE LA POSSIBILITÉ DE TELS DOMMAGES.

LIMITATION DE RESPONSABILITÉ ET RECOURS.

Malgré les dommages que vous puissiez subir pour quelque motif que ce soit (notamment, tous les dommages susmentionnés et tous les dommages directs ou généraux), l'obligation intégrale de Microsoft et de l'un ou l'autre de ses fournisseurs aux termes de toute disposition du présent EULA et votre recours exclusif à l'égard de tout ce qui précède (sauf en ce qui concerne tout recours de réparation ou de remplacement choisi par Microsoft à l'égard de tout manquement à la garantie limitée) se limite au plus élevé entre les montants suivants : le montant que vous avez réellement payé pour le Logiciel ou 5,00 $US. Les limites, exclusions et dénis qui précèdent (y compris les clauses ci-dessus), s'appliquent dans la mesure maximale permise par les lois applicables, même si tout recours n'atteint pas son but essentiel. La présente Convention est régie par les lois de la province d'Ontario, Canada. Chacune des parties à la présente reconnaît irrévocablement la compétence des tribunaux de la province d'Ontario et consent à instituer tout litige qui pourrait découler de la présente auprès des tribunaux situés dans le district judiciaire de York, province d'Ontario. Au cas où vous auriez des questions concernant cette licence ou que vous désiriez vous mettre en rapport avec Microsoft pour quelque raison que ce soit, veuillez contacter la succursale Microsoft desservant votre pays, dont l'adresse est fournie dans ce produit, ou écrivez à : Microsoft Sales Information Center, One Microsoft Way, Redmond, Washington 98052-6399.

The following MICROSOFT GUARANTEE applies to you if you acquired this Software in any other country: Statutory rights not affected - The following guarantee is not restricted to any territory and does not affect any statutory rights that you may have from your reseller or from Microsoft if you acquired the Software directly from Microsoft. If you acquired the Software or any support services in Australia, New Zealand or Malaysia, please see the "Consumer rights" section below.

The guarantee - The Software is designed and offered as a general-purpose software, not for any user's particular purpose. You accept that no Software is error free and you are strongly advised to back-up your files regularly. Provided that you have a valid license, Microsoft guarantees that a) for a period of 90 days from the date of receipt of your license to use the Software or the shortest period permitted by applicable law it will perform substantially in accordance with the written materials that accompany the Software; and b) any support services provided by Microsoft shall be substantially as described in applicable written materials provided to you by Microsoft and Microsoft support engineers will use reasonable efforts, care and skill to solve any problem issues. In the event that the Software fails to comply with this guarantee, Microsoft will either (a) repair or replace the Software or (b) return the price you paid. This guarantee is void if failure of the Software results from accident, abuse or misapplication. Any replacement Software will be guaranteed for the remainder of the original guarantee period or 30 days, whichever period is longer. You agree that the above guarantee is your sole guarantee in relation to the Software and any support services.

Exclusion of All Other Terms - To the maximum extent permitted by applicable law and subject to the guarantee above, Microsoft disclaims all warranties, conditions and other terms, either express or implied (whether by statute, common law, collaterally or otherwise) including but not limited to implied warranties of satisfactory quality and fitness for particular purpose with respect to the Software and the written materials that accompany the Software. Any implied warranties that cannot be excluded are limited to 90 days or to the shortest period permitted by applicable law, whichever is greater.

Limitation of Liability - To the maximum extent permitted by applicable law and except as provided in the Microsoft Guarantee, Microsoft and its suppliers shall not be liable for any damages whatsoever (including without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising out of the use or inability to use the Software, even if Microsoft has been advised of the possibility of such damages. In any case Microsoft's entire liability under any provision of this Agreement shall be limited to the amount actually paid by you for the Software. These limitations do not apply to any liabilities that cannot be excluded or limited by applicable laws.

Consumer rights - Consumers in Australia, New Zealand or Malaysia may have the benefit of certain rights and remedies by reason of the Trade Practices Act and similar state and territory laws in Australia, the Consumer Guarantees Act in New Zealand and the Consumer Protection Act in Malaysia in respect of which liability cannot lawfully be modified or excluded. If you acquired the Software in New Zealand for the purposes of a business, you confirm that the Consumer Guarantees Act does not apply. If you acquired the Software in Australia and if Microsoft breaches a condition or warranty implied under any law which cannot lawfully be modified or excluded by this agreement then, to the extent permitted by law, Microsoft's liability is limited, at Microsoft's option, to: (i) in the case of the Software: a) repairing or replacing the Software; or b) the cost of such repair or replacement; and (ii) in the case of support services: a) re-supply of the services; or b) the cost of having the services supplied again.

Should you have any questions concerning this EULA, or if you desire to contact Microsoft for any reason, please use the address information enclosed in this Software to contact the Microsoft subsidiary serving your country or visit Microsoft on the World Wide Web at http://www.microsoft.com.

Re:Come on Linus, don't go there. (2, Informative)

gl4ss (559668) | more than 9 years ago | (#10003952)

* disclaimers that they aren't responsible for what happens to your computer when you run them.*

I'm just restoring one compaq for a friend here.. and just for kicks actually scrolled through the license of the os(microsoft provided).

basically the license gives so crappy terms on the product that they have to clash with my rights as a consumer.

anyways, and when the program isn't a 'cheap knock off' of the windows counterpart(from the ui, which is what matters for appearance..) then people complain that they're not what they're used to.

anyways, the main point of what torvalds had in this was: the innovation in the commercial market is mostly a marketin scam(for phb's to get them to buy it), it's not like ms has done anything seriously innovative themselfs either.

Re:Come on Linus, don't go there. (4, Insightful)

Mornelithe (83633) | more than 9 years ago | (#10003966)

There's tons of "fucking terrible" software for windows, too. Go into any computer store and there will be racks of CD burning software, and most of it sucks.

Then go look for their rack of "Windows Software for only $10." That stuff probably sucks, too. Look in the games section. It's like 10% good, well known games, and then 90% crappy knock-offs.

Most commercial software comes with huge disclaimers that say they aren't responsible when your computer blows up or whatever, just like open source software.

In other words, open source software isn't very different from commercial software, from an average buyer standpoint (I agree, there probably isn't support for some of the big stuff, like CAD). There's some really great stuff, and then there's tons of crap.

The only difference is that with open source, there's no $200 difference in price between the good stuff and the shit.

Must not make bad joke (-1, Offtopic)

Anonymous Coward | more than 9 years ago | (#10003729)

I for one welcome our benevolent Finnish overlords /couldn't help it

Oh. My. God. He's in management. (4, Funny)

wiredog (43288) | more than 9 years ago | (#10003736)

What I do mostly is I'm a communications channel. I'm one of a couple of central points for discussions. I have all the patches come to me, though I have sub-lieutenants doing the programming work. I'm a meeting point, rather than a software engineer.
I don't do much programming anymore.

Dictator! (5, Insightful)

celeritas_2 (750289) | more than 9 years ago | (#10003752)

Wouldn't the world be great if we could have political leaders that were more like Linus. The problem is people like Linus don't win elections because they're not manipulative liars like all the rest of politics.

So Ima What? (5, Funny)

grunt107 (739510) | more than 9 years ago | (#10003754)

I'm not so much a leader, I'm more of a shepherd. Now all the kernel developers will read that and say, "He's comparing us to sheep." It's more like herding cats.

So I'm a pussy instead?

Re:So Ima What? (0)

Anonymous Coward | more than 9 years ago | (#10003963)

Yes

The Nitro Dragster Vs. The Slow Moving Train (4, Insightful)

wackysootroom (243310) | more than 9 years ago | (#10003755)

Cool Distinction that I made from the article:
One reason people make it is that, in open source, they don't see the revolutionary new versions magically appearing. In comparison, look at commercial closed systems. They make a new release every year or three to four years with a huge marketing splash. They make it look very different. But it's a circus to make it look like a sudden innovation.

In open source, you don't have a circus. You don't see a sudden explosion. It's not done that way. All development is very gradual -- whether commercial or open source. Even when you have a big thinker coming along with a new idea, actually getting it working takes a lot of sweat and tears.

Proprietary Vendors are like nitro dragsters, being the first ones off of the line with their brand new product. Trying to wow people and making a huge splash.

Open source is like a mile long freight train. Functional, slower to get started, but when the momentum gets going, its going to be much, much harder to stop than that nitro dragster.

Alchemy not Witchcraft (4, Informative)

Performer Guy (69820) | more than 9 years ago | (#10003833)

I wish Torvalds had used the word Alchemy instead of witchcraft, it is probably closer to what he was trying to say (in English at least).

So, we're NOT sending troops to depose him? (4, Funny)

IronChefMorimoto (691038) | more than 9 years ago | (#10003922)

If Linus is a "benevolent" dictator, we're not sending in troops to depose him?

And, obviously, we can't depose him on grounds of WMD, since Microsoft makes those, right?

So -- as long as he doesn't gas a whole room of Mac OS X users, we'll leave him be?

And -- he doesn't have any kids, right? Two boys that might go around killing anyone who doesn't win Linux-based UT2K4 tournaments in Linus' name, right? Or terrorizing anyone who challenges the vision of the kernel?

Finally -- Linus hasn't invested in any bunker construction for his new offices, right?

Just checking. I was concerned that maybe that troop realignment from Europe was in preparation for an attack on Mr. Torvalds.

IronChefMorimoto

Now if only everyone else would listen (3, Insightful)

Anonymous Coward | more than 9 years ago | (#10003938)

"I can't be nasty"

This is an excellent example which others should strive for.

Alas, many don't. And it's one reason why I stay away from posting on the Linux Kernel Mailing List. There are just too many people there who think that they build up their reputation capital at the expense of others.

The only positive solution that I can think of is if people made a conscious effort towards adopting Linus' attitude. Perhaps that's wishful thinking.
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