This article provides additional information about the legal restrictions
on distributing applications developed with the Microsoft Access
Distribution Kit (ADK).
Pages v and vi of the Microsoft Access "Distribution Kit Guide" include
a list of provisions that define what developers may distribute:
- You may distribute these files only as integrated within and as a
part of your software product which operates in conjunction with
Microsoft Access.
Explanation: This clause means that you may distribute only the
runtime files with your Microsoft Access application. You cannot
purchase the ADK and then distribute individual files. This also
applies to the ODBC disk as well.
Example: An employee at a large company purchases the ADK. Her manager
has accidentally removed Graph. Mary gives her manager a copy of the
run-time Graph application that comes with the ADK. This action is a
violation of the license agreement. Mary may ONLY distribute files as
part of a database application.
- Your software product does not substantially duplicate the
capabilities of Microsoft Access or, in the reasonable opinion of
Microsoft, compete with Microsoft Access.
Explanation: Developers cannot use the ADK to create a database
application to compete with Microsoft Access. However, it is alright
for developers to create custom applications based on Microsoft
Access. If developers believe they might be in competition with
Microsoft Access, they should contact the Microsoft Access Product
Manager.
Example 1: John uses the ADK to create a form designer, report
designer, and query grid that look almost identical to and have the
same functionality as Microsoft Access. He then sells this application
to users as "an inexpensive alternative to Microsoft Access." This
would be a direct violation of the license agreement.
Example 2: Jane works at a company that uses SQL Server extensively
and has purchased the ADK. She designs several forms that allow the
user to connect to various SQL servers and "query by example." She
creates a custom Setup that includes both the ODBC Setup disk and the
run-time Graph application. She runs an administrative Setup to a
network drive so that anyone in the company can set up her
application. Because her company has purchased a copy of the ADK and
she is only distributing files as part of a database application she
has developed, this is legal.
- You do not use Microsoft's name, logo, or trademarks to market your
software product.
Explanation: This simply means that you may not use the name and logo
of Microsoft as though your application were a Microsoft product.
Developers can use Microsoft Access (R) if it is used properly with a
registered trademark symbol (subject to normal trademark laws) and if
it is used only in a description of the product.
Developers are encouraged to inform their customers that the product
is based on Microsoft Access. However, Microsoft cannot guarantee,
recommend, or provide support for products developed with the ADK.
Example: Dana has developed an application that she intends to sell to
other developers. The front of the box in which her application is
packaged reads as follows:
AX Utilities
Secure Screen Savers
An Application for Use with Microsoft Access (R)
Requires: 4 MB hard disk space (1.5 MB if you have already
installed another application for Microsoft Access)
Because the proper registered trademark appears and "Microsoft Access
(R)" is included only in the description of her application, this use
is legal under the license agreement.
- You include a valid copyright notice on your software product.
Explanation: A copyright notice is required before you can distribute
a database application that you develop with the ADK.
Example: Roger has developed a game using the ADK. He plans to post it
on the bulletin board that he operates so that others can download it
for free. He does tell readers that the game was developed using
Microsoft Access (R) but does not include a copyright notice. This
is not legal because he does not have a valid copyright notice.
- You agree to display, if required in the software documentation,
the designated patent notices on the packaging and in the READ file of
your software product.
Explanation: This is part of the standard Microsoft license agreement.
Any items requiring a patent notice are so indicated in the product
documentation or the product READ file.