MICROSOFT SOFTWARE LICENSE TERMS

MICROSOFT XAUDIO 2.9 REDISTRIBUTABLE

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IF YOU LIVE IN (OR ARE A BUSINESS WITH YOUR PRINCIPAL PLACE OF BUSINESS IN) THE
UNITED STATES, PLEASE READ THE "BINDING ARBITRATION AND CLASS ACTION WAIVER"
SECTION BELOW. IT AFFECTS HOW DISPUTES ARE RESOLVED.
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These license terms are an agreement between you and Microsoft Corporation (or one
of its affiliates). They apply to the software named above and any Microsoft
services or software updates (except to the extent such services or updates are
accompanied by new or additional terms, in which case those different terms apply
prospectively and do not alter your or Microsoft's rights relating to pre-updated
software or services). IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS
BELOW. BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS.

1. INSTALLATION AND USE RIGHTS.

a) General. Subject to the terms of this agreement, you may install and use
any number of copies of the software to develop and test your applications.
b) Third Party Software. The software may include third party applications
that Microsoft, not the third party, licenses to you under this agreement. Any
included notices for third party applications are for your information only.

2. DISTRIBUTABLE CODE. The software may contain code you are permitted to
distribute (i.e. make available for third parties) in applications you develop, as
described in this Section.
a) Distribution Rights. The code and test files described below are
distributable if included with the software.
i. Image Library. You may copy and distribute images, graphics, and
animations in the Image Library as described in the software documentation; and
ii. Third Party Distribution. You may permit distributors of your
applications to copy and distribute any of this distributable code you elect to
distribute with your applications.

b) Distribution Requirements. For any code you distribute, you must:

i. add significant primary functionality to it in your applications;
ii. require distributors and external end users to agree to terms that
protect it and Microsoft at least as much as this agreement; and
iii. indemnify, defend, and hold harmless Microsoft from any claims,
including attorneys' fees, related to the distribution or use of your applications,
except to the extent that any claim is based solely on the unmodified distributable
code.

c) Distribution Restrictions. You may not:

i. use Microsoft's trademarks or trade dress in your application in any
way that suggests your application comes from or is endorsed by Microsoft; or
ii. modify or distribute the source code of any distributable code so
that any part of it becomes subject to any license that requires that the
distributable code, any other part of the software, or any of Microsoft's other
intellectual property be disclosed or distributed in source code form, or that
others have the right to modify it.

3. DATA COLLECTION. The software may collect information about you and your use of
the software and send that to Microsoft. Microsoft may use this information to
provide services and improve Microsoft's products and services. Your opt-out
rights, if any, are described in the product documentation. Some features in the
software may enable collection of data from users of your applications that access
or use the software. If you use these features to enable data collection in your
applications, you must comply with applicable law, including getting any required
user consent, and maintain a prominent privacy policy that accurately informs users
about how you use, collect, and share their data. You can learn more about
Microsoft's data collection and use in the product documentation and the Microsoft
Privacy Statement at https://go.microsoft.com/fwlink/?LinkId=521839. You agree to
comply with all applicable provisions of the Microsoft Privacy Statement.

4. SCOPE OF LICENSE. The software is licensed, not sold. Microsoft reserves all
other rights. Unless applicable law gives you more rights despite this limitation,
you will not (and have no right to):
a) work around any technical limitations in the software that only allow you
to use it in certain ways;
b) reverse engineer, decompile or disassemble the software;
c) remove, minimize, block, or modify any notices of Microsoft or its
suppliers in the software;
d) use the software in any way that is against the law or to create or
propagate malware; or
e) share, publish, distribute, or lend the software (except for any
distributable code, subject to the terms above), provide the software as a stand-
alone hosted solution for others to use, or transfer the software or this agreement
to any third party.

5. EXPORT RESTRICTIONS. You must comply with all domestic and international export
laws and regulations that apply to the software, which include restrictions on
destinations, end users, and end use. For further information on export
restrictions, visit http://aka.ms/exporting.

6. SUPPORT SERVICES. Microsoft is not obligated under this agreement to provide

any support services for the software. Any support provided is "as is", "with all
faults", and without warranty of any kind.

7. UPDATES. The software may periodically check for updates, and download and
install them for you. You may obtain updates only from Microsoft or authorized
sources. Microsoft may need to update your system to provide you with updates. You
agree to receive these automatic updates without any additional notice. Updates may
not include or support all existing software features, services, or peripheral
devices.

8. BINDING ARBITRATION AND CLASS ACTION WAIVER. This Section applies if you live
in (or, if a business, your principal place of business is in) the United States.
If you and Microsoft have a dispute, you and Microsoft agree to try for 60 days to
resolve it informally. If you and Microsoft can't, you and Microsoft agree to
binding individual arbitration before the American Arbitration Association under
the Federal Arbitration Act ("FAA"), and not to sue in court in front of a judge or
jury. Instead, a neutral arbitrator will decide. Class action lawsuits, class-wide
arbitrations, private attorney-general actions, and any other proceeding where
someone acts in a representative capacity are not allowed; nor is combining
individual proceedings without the consent of all parties. The complete Arbitration
Agreement contains more terms and is at http://aka.ms/arb-agreement-1. You and
Microsoft agree to these terms.

9. ENTIRE AGREEMENT. This agreement, and any other terms Microsoft may provide for
supplements, updates, or third-party applications, is the entire agreement for the
software.

10. APPLICABLE LAW AND PLACE TO RESOLVE DISPUTES. If you acquired the software in
the United States or Canada, the laws of the state or province where you live (or,
if a business, where your principal place of business is located) govern the
interpretation of this agreement, claims for its breach, and all other claims
(including consumer protection, unfair competition, and tort claims), regardless of
conflict of laws principles, except that the FAA governs everything related to
arbitration. If you acquired the software in any other country, its laws apply,
except that the FAA governs everything related to arbitration. If U.S. federal
jurisdiction exists, you and Microsoft consent to exclusive jurisdiction and venue
in the federal court in King County, Washington for all disputes heard in court
(excluding arbitration). If not, you and Microsoft consent to exclusive
jurisdiction and venue in the Superior Court of King County, Washington for all
disputes heard in court (excluding arbitration).

11. CONSUMER RIGHTS; REGIONAL VARIATIONS. This agreement describes certain legal
rights. You may have other rights, including consumer rights, under the laws of
your state or country. Separate and apart from your relationship with Microsoft,
you may also have rights with respect to the party from which you acquired the
software. This agreement does not change those other rights if the laws of your
state or country do not permit it to do so. For example, if you acquired the
software in one of the below regions, or mandatory country law applies, then the
following provisions apply to you:
a) Australia. You have statutory guarantees under the Australian Consumer Law
and nothing in this agreement is intended to affect those rights.
b) Canada. If you acquired this software in Canada, you may stop receiving
updates by turning off the automatic update feature, disconnecting your device from
the Internet (if and when you re-connect to the Internet, however, the software
will resume checking for and installing updates), or uninstalling the software. The
product documentation, if any, may also specify how to turn off updates for your
specific device or software.
c) Germany and Austria.
i. Warranty. The properly licensed software will perform substantially
as described in any Microsoft materials that accompany the software. However,
Microsoft gives no contractual guarantee in relation to the licensed software.
ii. Limitation of Liability. In case of intentional conduct, gross
negligence, claims based on the Product Liability Act, as well as, in case of death
or personal or physical injury, Microsoft is liable according to the statutory law.
Subject to the foregoing clause ii., Microsoft will only be liable for slight
negligence if Microsoft is in breach of such material contractual obligations, the
fulfillment of which facilitate the due performance of this agreement, the breach
of which would endanger the purpose of this agreement and the compliance with which
a party may constantly trust in (so-called "cardinal obligations"). In other cases
of slight negligence, Microsoft will not be liable for slight negligence.

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. TO THE
EXTENT PERMITTED UNDER APPLICABLE LAWS, MICROSOFT EXCLUDES ALL IMPLIED WARRANTIES,
INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

13. LIMITATION ON AND EXCLUSION OF DAMAGES. IF YOU HAVE ANY BASIS FOR RECOVERING
DAMAGES DESPITE THE PRECEDING DISCLAIMER OF WARRANTY, YOU CAN RECOVER FROM
MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT
RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL,
INDIRECT, OR INCIDENTAL DAMAGES.
This limitation applies to (a) anything related to the software, services, content
(including code) on third party Internet sites, or third party applications; and
(b) claims for breach of contract, warranty, guarantee, or condition; strict
liability, negligence, or other tort; or any other claim; in each case to the
extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility
of the damages. The above limitation or exclusion may not apply to you because your
state, province, or country may not allow the exclusion or limitation of
incidental, consequential, or other damages.