2. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.

a. Distributable Code. The software contains code that you are permitted to distribute in programs you develop if you comply with the terms below.

i. Right to Use and Distribute. The code and text files listed below are “Distributable Code.”

· Sample Code. You may modify, copy, and distribute the source and object code form of code marked as “sample.”

· Third Party Distribution. You may permit distributors of your programs to copy and distribute the Distributable Code as part of those programs.

ii. Distribution Requirements. For any Distributable Code you distribute, you must

· add significant primary functionality to it in your programs;

· require distributors and external end users to agree to terms that protect it at least as much as this agreement;

· display your valid copyright notice on your programs; and

· indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of your programs.

iii. Distribution Restrictions. You may not

· alter any copyright, trademark or patent notice in the Distributable Code;

· use Microsoft’s trademarks in your programs’ names or in a way that suggests your programs come from or are endorsed by Microsoft;

· distribute Distributable Code to run on a platform other than the Windows platform;

· include Distributable Code in malicious, deceptive or unlawful programs; or

· modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that

· the code be disclosed or distributed in source code form; or

· others have the right to modify it.