License and Distribution rights for Windows Resource (instsrv.exe)

Question

I have a service installation that in order to get it to work on Win2k, I had to include instsrv.exe in the installer, since Win2k doesn't include sc.exe (which I use for XP and up) and instsrv.exe is not always installed...so I cannot count on it being there. (instsrv and sc are both used to create/install the service on the system).

I have not been able to find the license terms or distribution rights for instsrv however. Is there going to be a legal issue with me including this Microsoft exe in my own installer and therefore distributing it to the customers of the product? If you can point me to an actual license document for this exe it would be greatly appreciated.

Answer 1

The instsrv.exe program appears to come from the Windows 2003 Resource Kit, which you can download freely from Microsoft. The referenced page indicates that when you install it, you'll encounter the EULA (End User License Agreement), which would be where you'd read about the license terms regarding things like redistribution.

You should read that agreement yourself. The way I read it, you can't bundle the Kit with your installer, though you could certainly arrange to have it downloaded automatically and have its own installer invoked by yours, with your end user having to click to accept the Microsoft EULA at that time.

What about using a different approach? I believe for a simple service installation there are probably only a few registry keys or something to tweak. Maybe a simple script (Python or such?) could do the job as well.

Answer 2

I'm no legal expert, but is the issue the use of instsrv.exe or that it's lying on the PC until you uninstall your product?

Would it be redistribution if you craft your installer in such a way that you merely package instsrv.exe, unpackage during the install process, run it via a custom action, then let the installer cleanup process delete it from the temporary location?

As a big sidestep, you could change installers to WiX v3. They have standard custom actions to install services. You get the added Msi easily active directory integrated bonus. You could go with something else entirely but I assume this is a very last resort.

In the end, services are nothing more than registry entries in a specific format so you are not entirely limited to using those programs. You just get the bonus of blaming Microsoft if either instsrv or sc happen to blow up the registry.