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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.