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### MICROSOFT VISUAL STUDIO CODE
These license terms are an agreement between you and Microsoft
Corporation (or based on where you live, one of its affiliates). They
apply to the software named above. The terms also apply to any Microsoft
services or updates for the software, except to the extent those have
different terms.
**IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW.**
1. **INSTALLATION AND USE RIGHTS.**
a. **General.** You may use any number of copies of the software to
develop and test your applications, including deployment within
your internal corporate network.
b. **Demo use.** The uses permitted above include use of the
software in demonstrating your applications.
c. **Third Party Components.** The software may include third party
components with separate legal notices or governed by other
agreements, as may be described in the ThirdPartyNotices file
accompanying the software.
d. **Extensions.** The software gives you the option to download
other Microsoft and third party software packages from our
extension marketplace or package managers. Those packages are
under their own licenses, and not this agreement. Microsoft does
not distribute, license or provide any warranties for any of the
third party packages. By accessing or using our extension
marketplace, you agree to the extension marketplace terms
located at <https://aka.ms/vsmarketplace-ToU>.
2. **DATA.**
a. **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 our products and services. You may opt-out of many of
these scenarios, but not all, as described in the product
documentation located at
<https://code.visualstudio.com/docs/supporting/faq#_how-to-disable-telemetry-reporting>.
There may also be some features in the software that may enable
you and Microsoft to collect data from users of your
applications. If you use these features, you must comply with
applicable law, including providing appropriate notices to users
of your applications together with Microsoft's privacy
statement. Our privacy statement is located at
<https://go.microsoft.com/fwlink/?LinkID=824704>. You can learn
more about data collection and use in the help documentation and
our privacy statement. Your use of the software operates as your
consent to these practices.
b. **Processing of Personal Data.** To the extent Microsoft is a
processor or subprocessor of personal data in connection with
the software, Microsoft makes the commitments in the European
Union General Data Protection Regulation Terms of the Online
Services Terms to all customers effective May 25, 2018, at
<https://go.microsoft.com/?linkid=9840733>.
3. **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. If you do not want automatic updates, you may
turn them off by following the instructions in the documentation at
<https://go.microsoft.com/fwlink/?LinkID=616397>.
4. **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 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.
5. **SCOPE OF LICENSE.** This license applies to the Visual Studio Code
product. Source code for Visual Studio Code is available at
<https://github.com/Microsoft/vscode> under the MIT license
agreement. 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
- reverse engineer, decompile or disassemble the software, or
otherwise attempt to derive the source code for the software
except and solely to the extent required by third party
licensing terms governing use of certain open source components
that may be included in the software;
- remove, minimize, block or modify any notices of Microsoft or
its suppliers in the software;
- use the software in any way that is against the law;
- share, publish, rent or lease the software, or provide the
software as a stand-alone offering for others to use.
6. **SUPPORT SERVICES.** Because this software is "as is," we may not
provide support services for it.
7. **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.
8. **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, see
<https://www.microsoft.com/exporting>.
9. **APPLICABLE LAW.** If you acquired the software in the United
States, Washington law applies to interpretation of and claims for
breach of this agreement, and the laws of the state where you live
apply to all other claims. If you acquired the software in any other
country, its laws apply.
10. **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.
11. **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 your local
laws, Microsoft excludes the implied warranties of merchantability,
fitness for a particular purpose and non-infringement.**
12. **LIMITATION ON AND EXCLUSION OF DAMAGES. You can recover from
Microsoft and its suppliers only direct damages up to U.S. \$5.00.
You cannot recover any other damages, including consequential, lost
profits, special, indirect or incidental damages.**
This limitation applies to (a) anything related to the software,
services, content (including code) on third party Internet sites, or
third party applications; and (b) claims for breach of contract,
breach of warranty, guarantee or condition, strict liability,
negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about
the possibility of the damages. The above limitation or exclusion
may not apply to you because your state or country may not allow the
exclusion or limitation of incidental, consequential or other
damages.
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