Insert said:
Hi All,
For some time I have maintained a CD with service packs for the
versions of Office and Windows I use, I have a fast internet
connection, the CD is just there as a convenience.
A number of relatives, friends and colleagues only have dial-up
connections, so service packs can be either very difficult or costly
to get. I was wondering, would I be breaking any rules if I
down-loaded service packs and security patches for all the common
versions of Windows and Office, copied them to a couple of CD's and
gave them away to people who need them?
This is taken from the MS TOS
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE.
Any software that is made available to download from the Services
("Software") is the copyrighted work of Microsoft and/or its suppliers. Use
of the Software is governed by the terms of the end user license agreement,
if any, which accompanies or is included with the Software ("License
Agreement"). An end user will be unable to install any Software that is
accompanied by or includes a License Agreement, unless he or she first
agrees to the License Agreement terms.
The Software is made available for download solely for use by end users
according to the License Agreement. Any reproduction or redistribution of
the Software not in accordance with the License Agreement is expressly
prohibited by law, and may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO
ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS
EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS
EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE
LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, MICROSOFT
CORPORATION HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO
THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, MICROSOFT MAY MAKE AVAILABLE AS PART OF THE SERVICES
OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD.
MICROSOFT DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE
RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND
UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN
USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES OR IN MICROSOFT
SOFTWARE PRODUCTS.
RESTRICTED RIGHTS LEGEND. Any Software which is downloaded from the Services
for or on behalf of the United States of America, its agencies and/or
instrumentalities ("U.S. Government"), is provided with Restricted Rights.
Use, duplication, or disclosure by the U.S. Government is subject to
restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in
Technical Data and Computer Software clause at DFARS 252.227-7013 or
subparagraphs (c)(1) and (2) of the Commercial Computer Software -
Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is
Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399.
I'm not sure whether this is relevant or not - does the first capitalised
paragraph mean you can't?
What you /cannot/ do - as I have seen many doing - is download and sell
them. Just search eBay, for example, for 'Windows XP SP1" and you'll be
amazed at how many are attempting to make a quick buck! There was even an
idiot who posted here asking for the UK link to order SP1 on CD "as his
supply had run out". Curious as to why he needed more than one, I searched
eBay using his email address. Yep, you guessed it, he was selling them for
£2 plus 50p postage! As the disk is free - and second class postage is only
20p - that meant he was making £2.30 profit (if anyone was stupid enough to
buy what they could order from MS for free) - he had about 200 on there when
I checked - talk about money for nothing!
