I got a response from Microsoft Permission/Copyright group regarding masm
From: Roy Jones (mhca12_at_sbcglobal.net)
Date: Wed, 12 May 2004 19:44:44 GMT
I don't check my mail that often, apparently the response came on the
27th of April. 2 months, not a bad response time.
The funny thing is that while the letter is addressed to me, my isp:) is
granted the permission to make up to 4 copies(my original request) of
Apparently an individual developer does not quite fit into the world view
of MS's lawyers. There is also some mention of educational use only
I explicitly requested commercial use permission. The letter and original
request are listed below for reference.
Hopefully, Hutch can get us all a better deal.
April 27, 2004
Los Angeles, CALIFORNIA
Re: Permission Request
Request Reference #: S1R8674
Dear Roy Jones:
The Permissions/Copyright Group has received your permission request dated
February 11, 2004. Microsoft Corporation (hereafter “Microsoft”) hereby
grants SBC Global (hereafter “Company”) permission to copy Microsoft®
Macro Assembler 6.1 (hereafter “Software”), as requested, subject to the
1. A copy of Company’s request dated February 11, 2004, must be
attached to this permission letter for the permission to be valid.
2. Company agrees to keep all usual and proper records relating to
its reproduction of Software.
3. Company warrants that all copies of Software will be true and
complete copies, including all copyright and trademark notices.
4. Company agrees to be bound by the terms of the attached Microsoft
End User License Agreements (EULA) for each Software copy and will
strictly control use of said copy.
5. Company may copy and install the Software only for the specific
purpose listed in Company’s request. Use for any other purpose will
require a separate request.
6. The Software copies are for educational use only and may not be
distributed or transferred to any third party.
7. THE SOFTWARE IS PROVIDED TO COMPANY "AS IS" WITHOUT WARRANTY OF
ANY KIND. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE
SOFTWARE IS ASSUMED BY COMPANY. MICROSOFT DISCLAIMS ALL WARRANTIES EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL
MICROSOFT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL,
OR SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR
LOSS OF BUSINESS PROFIT, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION, AND THE LIKE ARISING OUT OF THE USE OF OR INABILITY TO USE
THE SOFTWARE, EVEN IF MICROSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF
8. Unless otherwise advised, Company’s redistribution rights will
expire one year from February 11, 2004. Should Company require use of the
Software beyond this date, it will be necessary to submit a new request.
Microsoft reserves the right to rescind the permission granted in this
letter. Company’s use of the Software shall be deemed to be an acceptance
of the terms as outlined in this letter.
Thank you for your inquiry. Should you have further copyright permission
requests, please visit our Permission web site at
http://www.microsoft.com/permission, as your answer may be located there.
Since the response time from the Permission Group is generally 15 to 21
business days, you can expedite your receipt of an answer to your
questions by submitting your request via our on-line web request form
located at http://www.microsoft.com/permission/copyrgt/img-req.htm.
Permissions/Copyright Group (Law & Corporate Affairs)
Fax: (425) 936-7329
Request ID: 23780
Los Angeles, CALIFORNIA
Phone No: 213-010=12345
Web Reference Number: S1R8674
Q. Does the Microsoft End User License Agreement (EULA) or accompanying
product documentation prohibit the use you are proposing?
Q. Please explain:
A. I would like to know if it is permissable to use and distribute the
Microsoft Macro Assembler version 6.1x, that is distributed with the
MASM32 software package. The Windows 98 DDK EULA included in the package
does not specify redistribution rights.
Q. What is the exact title and version of the Microsoft product from which
you obtained the software?Please use the full name from the Microsoft
product package, if applicable.
A. Windows 98 DDK
Q. How was this software obtained?
Q. If you selected Other, please explain:
Q. If from the Internet, provide the exact URL address or links needed to
access the item(s):If this is a restricted site, please print out the
exact web page on which you located the item(s) you are requesting
permission to use. After you have submitted this web form, you will
receive a reference number. Fax a printed copy of this web form, the
printed web pages, and the reference number to (425) 706-7329.
Q. If the item(s) was obtained from within a Microsoft product unrelated
to the Internet, provide the exact location within the Microsoft
product:This will allow us to locate the item within the product in
question. Please note - we will be unable to process your request without
Q. What is the name of the file(s), if applicable?Please include the file
extension (i.e., .DLL, .EXE, etc.).
A. Microsoft Macro Assembler (MASM),ML.exe
Q. Describe the exact feature or function this software performs, if
applicable:Be as simple and thorough as possible.
A. ML.EXE is a software development tool for the Microsoft Windows
Q. Provide detailed information regarding how this item(s) will be
used:For example, whether this is to be used in a school project, in a
book, in a software program, for your company logo, etc.
A. I would like to use this software for the development of commercial
software for the Microsoft Windows 2000 Operating System.
I would also like to distribute copies to other members of my development
Q. Explain the circumstances surrounding your inquiry:For example, why do
you need the item(s)? Which issues are you trying to resolve? Etc.
A. The MASM32 package(http://www.masm32.com) contains the Microsoft Macro
Assembler ver 6.1x. As the package is not officially distributed by
Microsoft and I wish to use it for development, I am requesting permission
to use this software.
Q. Provide an estimated timeframe this item(s) will be in active use:
A. 8 months to 1 year
Q. If anyone other than you will be using this software, please explain:
A. My development team(3-4 members) will need to use individual copies for
Q. Approximately how many anticipated/known users?
A. 3-4 users
Q. Approximately how many anticipated copies do you need?
A. 1 per user, works out to maximum of 4 users
Q. In what format will the software be distributed?
A. CD-ROM, Intranet, Internet
Q. If you selected Other, please explain:
Q. Describe the nature of your business, company, product, services and/or
event:For example, are you a Microsoft Delivery Service Partner (DSP),
Original Equipment Manufacturer (OEM), Solution Provider, Reseller,
Educator, End-user, Tradeshow, Training Seminar, etc.
Q. Have you had previous contact with Microsoft regarding this request?
Q. If so, with whom or which department did you correspond?
Q. Provide the name of your customary Microsoft contact, if any:
Q. Additional comments:
A. Apparently the MASM32 package has been distributed for 6 years now; I
would not be asking permission except that the included EULAs are not very
clear as to usage of the software.