Microsoft Windows Genuine Advantage Validation Tool

My XP informed me of a software update. As usual, I started the installation process. I needed to accept an End User Agreement. I have a quick scan and noticed that there are some font changes in the Agreement. So I pulled a printed version and the EUA is enclosed to this post in its entirety later.

OK, this is a MICROSOFT WINDOWS GENUINE ADVANTAGE VALIDATION TOOL and it is PRE-RELEASE. Fine, I think I would trust Microsoft. I am using its software anyway and my XP is a genuine version which came installed with my laptop anyway.

But hang on, when did I requested such a tool to be installed to my laptop?

So, reading through the EUA, I found what this software is meant to do:

1. OVERVIEW.
· When you install the software on your premises, it will check to make sure you have a genuine and validly licensed copy of Microsoft Windows XP (“Windows XP”) installed. If you have a genuine copy of Windows XP, you receive special benefits, which are listed on the following link: http://go.microsoft.com/fwlink/?linkid=39157.
· If the software detects you are not running a genuine copy of Windows XP, the operation of your computer will not be affected in any way. However, you will receive a notification and periodic reminders to install a genuine licensed copy of Windows XP. Automatic Updates will be limited to receiving only critical security updates.
· You will not be able to uninstall the software but you can suppress the reminders through the software icon in the system tray.

Aha, it sounds like the Sony's rootkit. I would not be able to uninstall the software! It sounds very dangerous.

In clause 13 (nice number), more alarms are sounding:

The maximum damage I can claim is US$5 and even if Microsoft knew or should have known about the possibility of the damages.

The laptop is my work horse. If anything breaks, the damages will be many many time greater than US$5. OK, I think I will pass about the installation of this software. Thank you very much.

I'll also be actively looking for a replacement desktop OS for my laptop.

MICROSOFT PRE-RELEASE SOFTWARE LICENSE TERMS
MICROSOFT WINDOWS GENUINE ADVANTAGE VALIDATION TOOL
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the pre-release software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
· updates,
· supplements,
· Internet-based services, and
· support services
for this software, unless other terms accompany those items. If so, those terms apply.
This software is a pre-release version of the software intended to update the technological measures in Windows XP which are designed to prevent unlicensed use of Windows XP.
By using the software, you accept these terms. If you do not accept them, do not use the software.
As described below, using some features also operates as your consent to the transmission of certain standard computer information for Internet-based services.
If you comply with these license terms, you have the rights below.
1. OVERVIEW.
· When you install the software on your premises, it will check to make sure you have a genuine and validly licensed copy of Microsoft Windows XP (“Windows XP”) installed. If you have a genuine copy of Windows XP, you receive special benefits, which are listed on the following link: http://go.microsoft.com/fwlink/?linkid=39157.
· If the software detects you are not running a genuine copy of Windows XP, the operation of your computer will not be affected in any way. However, you will receive a notification and periodic reminders to install a genuine licensed copy of Windows XP. Automatic Updates will be limited to receiving only critical security updates.
· You will not be able to uninstall the software but you can suppress the reminders through the software icon in the system tray.
· PRIVACY NOTICE: The validation process of the software does not identify you and is used only for the purpose of reporting to you whether or not you have a genuine copy of Windows XP. The software does not collect or send any personal information to Microsoft about you. The sole purpose of the software is to inform you whether or not you have installed a genuine copy of Windows XP. However, Microsoft may collect and publish aggregated data about the use of the software.
2. INSTALLATION AND USE RIGHTS.
· You may install and test any number of copies of the software on your premises.
· You may not test the software in a live operating environment unless Microsoft permits you to do so under another agreement.
3. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software. It may change or cancel them at any time.
a. Consent for Internet-Based Services. The software feature described below connects to Microsoft or service provider computer systems over the Internet. In some cases, you will not receive a separate notice when they connect. You may switch off this feature or not use it. For more information about this feature, see http://go.microsoft.com/fwlink/?LinkId=56310. By using this feature, you consent to the transmission of this information. Microsoft does not use the information to identify or contact you.
i. Computer Information. The software uses Internet protocols, which sends to Microsoft computer information, such as your Windows XP product key, PC manufacturer, operating system version, Windows XP product ID, PC BIOS information, user locale setting, and language version of Windows XP.
ii. Use of Information. We may use the computer information to improve our software and services. We may also share it with others, such as hardware and software vendors. They may use the information to improve how their products run with Microsoft software.
4. PRE-RELEASE SOFTWARE. This software is a pre-release version. It may not work the way a final version of the software will. We may change it for the final, commercial version. We also may not release a commercial version.
5. FEEDBACK. If you give feedback about the software 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 also give to third parties, without charge, any patent rights needed for their products, technologies and services to use or interface with any specific parts of a Microsoft software or service that includes the feedback. 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.
6. 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. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
· disclose the results of any benchmark tests of the software to any third party without Microsoft’s prior written approval;
· work around any technical limitations in the software;
· 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 the software;
· transfer the software or this agreement to any third party; or
· use the software for commercial software hosting services.
7. Export Restrictions. The software is subject to United States 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.
8. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.
9. Entire Agreement. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
10. 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 that country apply.
11. Legal Effect. This agreement describes certain legal rights. You may have other rights under the laws of your 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 country if the laws of your country do not permit it to do so.
12. Disclaimer of Warranty. The software is licensed “as-is.” You bear the risk of using it. Microsoft gives 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, Microsoft excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
13. Limitation on and Exclusion of Remedies and 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
· anything 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 Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.