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  1. #1
    Join Date
    Jul 2003

    EULA Interpretation/Guidance

    I posted this to another technical set of forums but received only one response (thanks Chicken ). Anyone else have some additional input? Thanks in advance.

    I am trying to faithfully adhere to EULA and licensing restrictions while at the same time providing non-interactive (static images) maps for website clients.

    The following EULA is specific to Microsoft's MapPoint & Streets & Trips software.

    Am I wrong in interpreting the EULA to imply that I MAY post a map created with the MapPoint software as a static image on a website being built for a client?

    If that interpretation is correct - it is so only if I include copyright notation to the program it was created in?

    And a step further - to be 1000% technically correct - I would not charge a normal line item on the invoice for that page or the map on that page?

    Or am I just dissecting it to death?

    I've been on MSDN, and done multiple google searches for EULA applicable information and guidance - and I haven't been successful in finding clearly defined instructions for commercial usage.

    I bolded the part that appears specific to this need in the license excerpt below.

    This Section of the EULA describes Your general rights to install and use the Software Product. The license rights described in this Section are subject to all other terms and conditions of this EULA.
    * General License Grant to Install and Use Software Product. Microsoft hereby grants to You, the user, an individual, non-transferable, non-exclusive, single user license to install and use the Software Product solely for (i) Your individual viewing on a single computer, device, workstation, terminal, or other digital electronic or analog device ("Device"), (ii) printing for Your individual use, (iii) saving it on Your Device's hard disk drive for Your individual use, and (iv) for no other purpose without written consent from Microsoft (except to the extent expressly permitted by other provisions of this EULA). You may make a second copy of the Software Product and install it on a portable Device for the exclusive use of the person who is the primary user of the first copy of the Software Product, provided that such use is governed by all the terms and conditions of this EULA. Except as expressly permitted herein, any reproduction or redistribution of the Software Product, including any Content, is expressly prohibited. A license for the Software Product may not be shared.
    * Alternative License Grant for Storage/Network Use. As an alternative to the rights granted in the previous section, You may install a copy of the Software Product on one storage Device, such as a network server, and allow individuals within Your business or enterprise to access and use the Software Product from other Devices over a private network, provided that You acquire and dedicate a license for the storage Device upon which the Software Product is installed and each separate Device from which the Software Product is accessed and used. This license does not give you a right to allow anyone to access or use the Software Product over the Internet. You may also exercise the additional license rights described in the following sections. A license for the Software Product may not be used concurrently on different Devices.
    * License Pack. If this package is a Microsoft License Pack, you may install and use additional copies of the Software Product (in accordance with this EULA) up to the number of copies specified above as "Licensed Copies". You are also entitled to make a corresponding number of secondary copies for portable computer use as specified above.

    * Permitted Use of Maps and Other Content. In addition to the General License Grant above, for each license acquired You may: (i) print up to one thousand copies of any given map or mapping Content (except points of interest) generated by use of the Software Product, provided that such maps are used (a) solely for Your own immediate or near immediate use and (b) You do not sell or sublicense such reproduced Content; (ii) post online up to one thousand maps or sets of mapping Content (except points of interest) generated by use of the Software Product, provided that You do not sell or sublicense such Content; and (iii) print or save up to two-hundred fifty (250) specific points of interest at a time to Your cell phone, personal digital assistant ("PDA") or PC application for Your internal or personal use only.
    Your use of such reproduced Content is subject to these terms and conditions and the terms and conditions of this EULA. You agree to retain, and not delete or alter, any and all legal notices contained within the maps (e.g., copyright notices).
    Additionally - the following is specific to Mappoint Copyright Info:
    About copyrighted material
    MapPoint lets you copy text and maps to the Clipboard and embed text and maps in other documents. This feature is provided for your personal use of the product. For example, you may copy a map to your word processor for use in a flyer, brochure, or other advertisement, as long as you keep the copyright information with the map and the map is not sold. You can also print a map to refer to when you're away from your computer.

    Please note that copyright law does not allow you to copy a map or article for commercial publication, as in a newspaper or magazine. For posting onto a computer bulletin board or the World Wide Web, the copyright must be present with the map. These examples only illustrate, and are not meant to summarize, applicable law. Please refer to the license agreement that comes with MapPoint for more information on how you may use the software.
    I spent several hours googling copyright/EULA-specific topics on Tuesday - with no clearcut answers specific to this issue - INCLUDING on MSDN/Technet, and the Microsoft newsgroups. If it's there, it's sure hidden deeply.

    Additional reference suggestions would be very welcome.

  2. #2
    Join Date
    Jan 2003
    Houston, TX - Originally from UK
    Without reading the whole EULA, (because if I did I fear I'd have to sew my eyes shut) I think your interpretation is correct.

    You can post maps online (up to 1000) as long as you don't charge specifically for the map.

    That section at least seems pretty clear cut to me.
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