Whats with the EULA for Updates?

Whats with the EULA I must agree to before installing the Windows Updates?
I install one at a time, the first being KB890830, Software Removal Tool. I
am a bit uneasy that Microsoft wants me to agree to not sue them if the
update damages my computer. It seems to me that if they need a legal
document to protect themselves from damage, I don't need it on my computer.
I quote "DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED "AS IS" ..."

Sarah

LICENSE TERMS FOR MICROSOFT SOFTWARE
MICROSOFT WINDOWS MALICIOUS SOFTWARE REMOVAL TOOL
THESE LICENSE TERMS ARE AN AGREEMENT BETWEEN MICROSOFT CORPORATION (OR, IF
APPLICABLE BASED ON WHERE YOU ACQUIRED THE SOFTWARE, ONE OF ITS AFFILIATES)
AND YOU. PLEASE READ THEM. THEY APPLY TO THE SOFTWARE NAMED ABOVE WHICH
INCLUDES THE MEDIA ON WHICH YOU RECEIVED IT, IF ANY. THE TERMS ALSO APPLY TO
THE MICROSOFT:
.. UPDATES,
.. SUPPLEMENTS,
.. INTERNET-BASED SERVICES, AND
.. SUPPORT SERVICES,
FOR THIS SOFTWARE UNLESS OTHER TERMS ACCOMPANY THOSE ITEMS. IF SO, THOSE
TERMS APPLY. BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT
ACCEPT THEM, DO NOT USE THE SOFTWARE.
1. OVERVIEW. At the time the tool is running, the software checks your
device for certain malicious software listed at
http://go.microsoft.com/fwlink/?LinkId=39249 ("Malware") and if detected,
the software removes Malware from your device. The tool must be run again on
the specific device to detect and remove subsequent Malware updates.
If you receive updates via Automatic Updates, you will only be able to stop
receiving updates to this software if you turn off Automatic Updates
entirely. (NOT RECOMMENDED).
PRIVACY NOTICE: When the software checks your device for Malware,
information is collected from your device only for the purpose of reporting
to you whether or not Malware was detected and removed from your device.
However, Microsoft may collect and publish aggregated data about the use of
the software. If you choose, the software's reporting functionality can be
disabled by following the instructions found at
http://go.microsoft.com/fwlink/?LinkId=39987.
2. USE RIGHTS. The software is licensed on a per device basis. If you comply
with this agreement, for each license you acquire you have the following
rights:
Installation and Use.
a. General. You may install and use an unlimited number of copies of the
software to check for the presence of and remove Malware.
b. Distribution. You may copy and distribute the software, provided that
each copy is complete and unmodified, including presentation of this
agreement for each user's acceptance.
3. EXPORT RESTRICTIONS. The software is subject to U.S. export laws and
regulations. You must comply with all domestic and international export laws
and regulations that apply to the software. These laws include restrictions
on destinations, end users and end use. For additional information, see
www.microsoft.com/exporting.
4. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only
gives you some rights to use the software. Microsoft reserves all other
rights. Unless applicable law gives you more rights despite this limitation,
you may use the software only as expressly permitted in this agreement. You
may not:
.. reverse engineer, decompile or disassemble the software, except and only
to the extent that applicable law expressly permits, despite this
limitation,
.. make more copies of the software than specified in this agreement or
allowed by applicable law, despite this limitation,
.. publish the software for others to copy,
.. rent, lease or lend it, or
.. use it for commercial software hosting services.
5. ENTIRE AGREEMENT. This agreement and any amendments to it, and the terms
for supplements, updates, Internet-based services and support services are
the entire agreement for the software and support services.
6. APPLICABLE LAW.
a. United States. If you acquired the software in the United States,
Washington state law governs the interpretation of this agreement and
applies to claims for breach of it, regardless of conflict of laws
principles. The laws of the state where you live govern all other claims,
including claims under state consumer protection laws, unfair competition
laws, and in tort.
b. Outside the United States. If you acquired the software in any other
country, the laws of the country where you live apply.
7. LEGAL EFFECT. This agreement describes certain legal rights. You may have
other rights under the laws of your state or country. You may also have
rights with respect to the party from whom you acquired the software. This
agreement does not change your rights under the laws of your state or
country if the laws of your state or country do not permit it to do so.
8. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED "AS IS" AND WITH ALL
FAULTS. WE GIVE NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY
HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT
CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, WE EXCLUDE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT.
9. LIMITATIONS ON AND EXCLUSIONS OF DAMAGES. YOU CAN RECOVER FROM MICROSOFT
AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO US$5.00. YOU CANNOT RECOVER ANY
OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR
INCIDENTAL DAMAGES.
This limitation applies to
.. any matter related to the software, services, content (including code) on
third party Internet sites, or third party programs, and
.. claims for breach of contract, breach of warranty, guarantee or condition,
strict liability, negligence, or other tort to the extent permitted by
applicable law.
It also applies even if
.. repair, replacement or a refund for the software does not fully compensate
you for any losses, or
.. Microsoft knew or should have known about the possibility of the damages.
Some states do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation or exclusion may not apply to
you. They also may not apply to you because your country may not allow the
exclusion or limitation of incidental, consequential or

--
Sarah

Sarah wrote:
> Whats with the EULA I must agree to before installing the Windows Updates?
> I install one at a time, the first being KB890830, Software Removal Tool. I
> am a bit uneasy that Microsoft wants me to agree to not sue them if the
> update damages my computer. It seems to me that if they need a legal
> document to protect themselves from damage, I don't need it on my computer.
> I quote "DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED "AS IS" ..."
>
> Sarah
>
> LICENSE TERMS FOR MICROSOFT SOFTWARE
> MICROSOFT WINDOWS MALICIOUS SOFTWARE REMOVAL TOOL
> THESE LICENSE TERMS ARE AN AGREEMENT BETWEEN MICROSOFT CORPORATION (OR, IF
> APPLICABLE BASED ON WHERE YOU ACQUIRED THE SOFTWARE, ONE OF ITS AFFILIATES)
> AND YOU. PLEASE READ THEM. THEY APPLY TO THE SOFTWARE NAMED ABOVE WHICH
> INCLUDES THE MEDIA ON WHICH YOU RECEIVED IT, IF ANY. THE TERMS ALSO APPLY TO
> THE MICROSOFT:
> . UPDATES,
> . SUPPLEMENTS,
> . INTERNET-BASED SERVICES, AND
> . SUPPORT SERVICES,
> FOR THIS SOFTWARE UNLESS OTHER TERMS ACCOMPANY THOSE ITEMS. IF SO, THOSE
> TERMS APPLY. BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT
> ACCEPT THEM, DO NOT USE THE SOFTWARE.
> 1. OVERVIEW. At the time the tool is running, the software checks your
> device for certain malicious software listed at
> http://go.microsoft.com/fwlink/?LinkId=39249 ("Malware") and if detected,
> the software removes Malware from your device. The tool must be run again on
> the specific device to detect and remove subsequent Malware updates.
> If you receive updates via Automatic Updates, you will only be able to stop
> receiving updates to this software if you turn off Automatic Updates
> entirely. (NOT RECOMMENDED).
> PRIVACY NOTICE: When the software checks your device for Malware,
> information is collected from your device only for the purpose of reporting
> to you whether or not Malware was detected and removed from your device.
> However, Microsoft may collect and publish aggregated data about the use of
> the software. If you choose, the software's reporting functionality can be
> disabled by following the instructions found at
> http://go.microsoft.com/fwlink/?LinkId=39987.
> 2. USE RIGHTS. The software is licensed on a per device basis. If you comply
> with this agreement, for each license you acquire you have the following
> rights:
> Installation and Use.
> a. General. You may install and use an unlimited number of copies of the
> software to check for the presence of and remove Malware.
> b. Distribution. You may copy and distribute the software, provided that
> each copy is complete and unmodified, including presentation of this
> agreement for each user's acceptance.
> 3. EXPORT RESTRICTIONS. The software is subject to U.S. export laws and
> regulations. You must comply with all domestic and international export laws
> and regulations that apply to the software. These laws include restrictions
> on destinations, end users and end use. For additional information, see
> www.microsoft.com/exporting.
> 4. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only
> gives you some rights to use the software. Microsoft reserves all other
> rights. Unless applicable law gives you more rights despite this limitation,
> you may use the software only as expressly permitted in this agreement. You
> may not:
> . reverse engineer, decompile or disassemble the software, except and only
> to the extent that applicable law expressly permits, despite this
> limitation,
> . make more copies of the software than specified in this agreement or
> allowed by applicable law, despite this limitation,
> . publish the software for others to copy,
> . rent, lease or lend it, or
> . use it for commercial software hosting services.
> 5. ENTIRE AGREEMENT. This agreement and any amendments to it, and the terms
> for supplements, updates, Internet-based services and support services are
> the entire agreement for the software and support services.
> 6. APPLICABLE LAW.
> a. United States. If you acquired the software in the United States,
> Washington state law governs the interpretation of this agreement and
> applies to claims for breach of it, regardless of conflict of laws
> principles. The laws of the state where you live govern all other claims,
> including claims under state consumer protection laws, unfair competition
> laws, and in tort.
> b. Outside the United States. If you acquired the software in any other
> country, the laws of the country where you live apply.
> 7. LEGAL EFFECT. This agreement describes certain legal rights. You may have
> other rights under the laws of your state or country. You may also have
> rights with respect to the party from whom you acquired the software. This
> agreement does not change your rights under the laws of your state or
> country if the laws of your state or country do not permit it to do so.
> 8. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED "AS IS" AND WITH ALL
> FAULTS. WE GIVE NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY
> HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT
> CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, WE EXCLUDE
> IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
> NON-INFRINGEMENT.
> 9. LIMITATIONS ON AND EXCLUSIONS OF DAMAGES. YOU CAN RECOVER FROM MICROSOFT
> AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO US$5.00. YOU CANNOT RECOVER ANY
> OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR
> INCIDENTAL DAMAGES.
> This limitation applies to
> . any matter related to the software, services, content (including code) on
> third party Internet sites, or third party programs, and
> . claims for breach of contract, breach of warranty, guarantee or condition,
> strict liability, negligence, or other tort to the extent permitted by
> applicable law.
> It also applies even if
> . repair, replacement or a refund for the software does not fully compensate
> you for any losses, or
> . Microsoft knew or should have known about the possibility of the damages.
> Some states do not allow the exclusion or limitation of incidental or
> consequential damages, so the above limitation or exclusion may not apply to
> you. They also may not apply to you because your country may not allow the
> exclusion or limitation of incidental, consequential or
>

So, don't install it. I never do.

Alias

I think its a case of 'do you want this free software or not'.
Its a programme which gets updated from time to time.
Its a Malicious Software Removal Tool - I have it on my computer - you run
it when you want to run it.
Re the EULA - its no different to having to agree with the EULA for XP, so
you can use that prog.
As far as I am aware, there were no EULA's for the critical updates.
Rgds
Antioch


"Sarah" <s.oriley@@nowhere.invalid> wrote in message
news:uqlnR%...
> Whats with the EULA I must agree to before installing the Windows Updates?
> I install one at a time, the first being KB890830, Software Removal Tool.
> I am a bit uneasy that Microsoft wants me to agree to not sue them if the
> update damages my computer. It seems to me that if they need a legal
> document to protect themselves from damage, I don't need it on my
> computer. I quote "DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED "AS
> IS" ..."
>
> Sarah
>
> LICENSE TERMS FOR MICROSOFT SOFTWARE
> MICROSOFT WINDOWS MALICIOUS SOFTWARE REMOVAL TOOL
> THESE LICENSE TERMS ARE AN AGREEMENT BETWEEN MICROSOFT CORPORATION (OR, IF
> APPLICABLE BASED ON WHERE YOU ACQUIRED THE SOFTWARE, ONE OF ITS
> AFFILIATES) AND YOU. PLEASE READ THEM. THEY APPLY TO THE SOFTWARE NAMED
> ABOVE WHICH INCLUDES THE MEDIA ON WHICH YOU RECEIVED IT, IF ANY. THE TERMS
> ALSO APPLY TO THE MICROSOFT:
> . UPDATES,
> . SUPPLEMENTS,
> . INTERNET-BASED SERVICES, AND
> . SUPPORT SERVICES,
> FOR THIS SOFTWARE UNLESS OTHER TERMS ACCOMPANY THOSE ITEMS. IF SO, THOSE
> TERMS APPLY. BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT
> ACCEPT THEM, DO NOT USE THE SOFTWARE.
> 1. OVERVIEW. At the time the tool is running, the software checks your
> device for certain malicious software listed at
> http://go.microsoft.com/fwlink/?LinkId=39249 ("Malware") and if detected,
> the software removes Malware from your device. The tool must be run again
> on the specific device to detect and remove subsequent Malware updates.
> If you receive updates via Automatic Updates, you will only be able to
> stop receiving updates to this software if you turn off Automatic Updates
> entirely. (NOT RECOMMENDED).
> PRIVACY NOTICE: When the software checks your device for Malware,
> information is collected from your device only for the purpose of
> reporting to you whether or not Malware was detected and removed from your
> device. However, Microsoft may collect and publish aggregated data about
> the use of the software. If you choose, the software's reporting
> functionality can be disabled by following the instructions found at
> http://go.microsoft.com/fwlink/?LinkId=39987.
> 2. USE RIGHTS. The software is licensed on a per device basis. If you
> comply with this agreement, for each license you acquire you have the
> following rights:
> Installation and Use.
> a. General. You may install and use an unlimited number of copies of the
> software to check for the presence of and remove Malware.
> b. Distribution. You may copy and distribute the software, provided that
> each copy is complete and unmodified, including presentation of this
> agreement for each user's acceptance.
> 3. EXPORT RESTRICTIONS. The software is subject to U.S. export laws and
> regulations. You must comply with all domestic and international export
> laws and regulations that apply to the software. These laws include
> restrictions on destinations, end users and end use. For additional
> information, see www.microsoft.com/exporting.
> 4. SCOPE OF LICENSE. The software is licensed, not sold. This agreement
> only gives you some rights to use the software. Microsoft reserves all
> other rights. Unless applicable law gives you more rights despite this
> limitation, you may use the software only as expressly permitted in this
> agreement. You may not:
> . reverse engineer, decompile or disassemble the software, except and only
> to the extent that applicable law expressly permits, despite this
> limitation,
> . make more copies of the software than specified in this agreement or
> allowed by applicable law, despite this limitation,
> . publish the software for others to copy,
> . rent, lease or lend it, or
> . use it for commercial software hosting services.
> 5. ENTIRE AGREEMENT. This agreement and any amendments to it, and the
> terms for supplements, updates, Internet-based services and support
> services are the entire agreement for the software and support services.
> 6. APPLICABLE LAW.
> a. United States. If you acquired the software in the United States,
> Washington state law governs the interpretation of this agreement and
> applies to claims for breach of it, regardless of conflict of laws
> principles. The laws of the state where you live govern all other claims,
> including claims under state consumer protection laws, unfair competition
> laws, and in tort.
> b. Outside the United States. If you acquired the software in any other
> country, the laws of the country where you live apply.
> 7. LEGAL EFFECT. This agreement describes certain legal rights. You may
> have other rights under the laws of your state or country. You may also
> have rights with respect to the party from whom you acquired the software.
> This agreement does not change your rights under the laws of your state or
> country if the laws of your state or country do not permit it to do so.
> 8. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED "AS IS" AND WITH ALL
> FAULTS. WE GIVE NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY
> HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT
> CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, WE EXCLUDE
> IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
> AND NON-INFRINGEMENT.
> 9. LIMITATIONS ON AND EXCLUSIONS OF DAMAGES. YOU CAN RECOVER FROM
> MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO US$5.00. YOU CANNOT
> RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL,
> INDIRECT OR INCIDENTAL DAMAGES.
> This limitation applies to
> . any matter related to the software, services, content (including code)
> on third party Internet sites, or third party programs, and
> . claims for breach of contract, breach of warranty, guarantee or
> condition, strict liability, negligence, or other tort to the extent
> permitted by applicable law.
> It also applies even if
> . repair, replacement or a refund for the software does not fully
> compensate you for any losses, or
> . Microsoft knew or should have known about the possibility of the
> damages.
> Some states do not allow the exclusion or limitation of incidental or
> consequential damages, so the above limitation or exclusion may not apply
> to you. They also may not apply to you because your country may not allow
> the exclusion or limitation of incidental, consequential or
>
> --
> Sarah
>

Sarah;
You have been informed.
You now get to make the choice of accepting or not.

Disclaimers of various types may be more common than you think.
Read signs when you go places, especially read tickets for parking amusement
rides etc.
In one form or another disclaimers are everywhere.
The lawyers demand it to reduce the possibility of liability.

--
Jupiter Jones [MVP]
http://www3.telus.net/dandemar
http://www.dts-l.org


"Sarah" <s.oriley@@nowhere.invalid> wrote in message
news:uqlnR%...
> Whats with the EULA I must agree to before installing the Windows Updates?
> I install one at a time, the first being KB890830, Software Removal Tool.
> I am a bit uneasy that Microsoft wants me to agree to not sue them if the
> update damages my computer. It seems to me that if they need a legal
> document to protect themselves from damage, I don't need it on my
> computer. I quote "DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED "AS
> IS" ..."
>
> Sarah