Java Deep-Cloning Library 1.7.4
This CA product contains the above software, portions of which are distributed in accordance with the following terms:
Copyright 2009 Konstantinos Kougios. Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0 Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License. Apache License Version 2.0, January 2004 http://www.apache.org/licenses/ TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION 1. Definitions. "License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document. "Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License. "Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity. "You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License. "Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files. "Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types. "Work" shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below). "Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof. "Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution." "Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work. 2. Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form. 3. Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed. 4. Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions: (a) You must give any other recipients of the Work or Derivative Works a copy of this License; and (b) You must cause any modified files to carry prominent notices stating that You changed the files; and (c) You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and (d) If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License. You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License. 5. Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions. 6. Trademarks. This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file. 7. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License. 8. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages. 9. Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability. END OF TERMS AND CONDITIONS
Java Service Wrapper (JSW) Standard 3.5.7
This product includes Java Service Wrapper (JSW) from Tanuki Software, Inc. which includes software and documentation components developed in part by Silver Egg Technology, Inc.("SET") prior to 2001 and released under the following license.
Copyright (c) 2001 Silver Egg Technology
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribut (see page 23)e, sub-license, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
JDOM 1.0
This product includes JDOM 1.0, which is distributed in accordance with the following terms:
$Id: LICENSE.txt,v 1.11 2004/02/06 09:32:57 jhunter Exp $
Copyright (C) 2000-2004 Jason Hunter & Brett McLaughlin.
All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this list of conditions, and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions, and the disclaimer that follows these conditions in the documentation and/or other materials provided with the distribution.
3. The name "JDOM" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact <request_AT_jdom_DOT_org>.
4. Products derived from this software may not be called "JDOM", nor may "JDOM" appear in their name, without prior written permission from the JDOM Project Management <request_AT_jdom_DOT_org>.
In addition, we request (but do not require) that you include in the end-user documentation provided with the redistribution and/or in the software itself an acknowledgement equivalent to the following:
"This product includes software developed by the JDOM Project (http://www.jdom.org/)."
Alternatively, the acknowledgment may be graphical using the logos available at http://www.jdom.org/images/logos.
THIS SOFTWARE IS PROVIDED ``AS IS|&"&| AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE JDOM AUTHORS OR THE PROJECT CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
This software consists of voluntary contributions made by many individuals on behalf of the JDOM Project and was originally created by Jason Hunter <jhunter_AT_jdom_DOT_org> and Brett McLaughlin <brett_AT_jdom_DOT_org>. For more information on the JDOM Project, please see <http://www.jdom.org/>.
jsr311-api
jsr311-api was obtained under the CDDL v.1.0 license, the terms and conditions of which are set forth below. jsr311-api is distributed by CA for use with this CA product in unmodified, object code form, under the CA license agreement. Any provisions in the CA license agreement that differ from the CDDL are offered by CA alone and not by any other party. Source code for jsr311-api is available at http://jsr311.java.net/. In addition, CA makes the source code for jsr311-api available at http://opensrcd.ca.com/ips/11971_27/ under the terms of the CDDL v.1.0. license:
COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0
1. Definitions.
1.1. "Contributor" means each individual or entity that
creates or contributes to the creation of Modifications.
1.2. "Contributor Version" means the combination of the
Original Software, prior Modifications used by a
Contributor (if any), and the Modifications made by that
particular Contributor.
1.3. "Covered Software" means (a) the Original Software, or
(b) Modifications, or (c) the combination of files
containing Original Software with files containing
Modifications, in each case including portions thereof.
1.4. "Executable" means the Covered Software in any form
other than Source Code.
1.5. "Initial Developer" means the individual or entity
that first makes Original Software available under this
License.
1.6. "Larger Work" means a work which combines Covered
Software or portions thereof with code not governed by the
terms of this License.
1.7. "License" means this document.
1.8. "Licensable" means having the right to grant, to the
maximum extent possible, whether at the time of the initial
grant or subsequently acquired, any and all of the rights
conveyed herein.
1.9. "Modifications" means the Source Code and Executable
form of any of the following:
A. Any file that results from an addition to,
deletion from or modification of the contents of a
file containing Original Software or previous
Modifications;
B. Any new file that contains any part of the
Original Software or previous Modification; or
C. Any new file that is contributed or otherwise made
available under the terms of this License.
1.10. "Original Software" means the Source Code and
Executable form of computer software code that is
originally released under this License.
1.11. "Patent Claims" means any patent claim(s), now owned
or hereafter acquired, including without limitation,
method, process, and apparatus claims, in any patent
Licensable by grantor.
1.12. "Source Code" means (a) the common form of computer
software code in which modifications are made and (b)
associated documentation included in or with such code.
1.13. "You" (or "Your") means an individual or a legal
entity exercising rights under, and complying with all of
the terms of, this License. For legal entities, "You"
includes any entity which controls, is controlled by, or is
under common control with You. For purposes of this
definition, "control" means (a) the power, direct or
indirect, to cause the direction or management of such
entity, whether by contract or otherwise, or (b) ownership
of more than fifty percent (50%) of the outstanding shares
or beneficial ownership of such entity.
2. License Grants.
2.1. The Initial Developer Grant.
Conditioned upon Your compliance with Section 3.1 below and
subject to third party intellectual property claims, the
Initial Developer hereby grants You a world-wide,
royalty-free, non-exclusive license:
(a) under intellectual property rights (other than
patent or trademark) Licensable by Initial Developer,
to use, reproduce, modify, display, perform,
sublicense and distribute the Original Software (or
portions thereof), with or without Modifications,
and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making,
using or selling of Original Software, to make, have
made, use, practice, sell, and offer for sale, and/or
otherwise dispose of the Original Software (or
portions thereof).
(c) The licenses granted in Sections 2.1(a) and (b)
are effective on the date Initial Developer first
distributes or otherwise makes the Original Software
available to a third party under the terms of this
License.
(d) Notwithstanding Section 2.1(b) above, no patent
license is granted: (1) for code that You delete from
the Original Software, or (2) for infringements
caused by: (i) the modification of the Original
Software, or (ii) the combination of the Original
Software with other software or devices.
2.2. Contributor Grant.
Conditioned upon Your compliance with Section 3.1 below and
subject to third party intellectual property claims, each
Contributor hereby grants You a world-wide, royalty-free,
non-exclusive license:
(a) under intellectual property rights (other than
patent or trademark) Licensable by Contributor to
use, reproduce, modify, display, perform, sublicense
and distribute the Modifications created by such
Contributor (or portions thereof), either on an
unmodified basis, with other Modifications, as
Covered Software and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making,
using, or selling of Modifications made by that
Contributor either alone and/or in combination with
its Contributor Version (or portions of such
combination), to make, use, sell, offer for sale,
have made, and/or otherwise dispose of: (1)
Modifications made by that Contributor (or portions
thereof); and (2) the combination of Modifications
made by that Contributor with its Contributor Version
(or portions of such combination).
(c) The licenses granted in Sections 2.2(a) and
2.2(b) are effective on the date Contributor first
distributes or otherwise makes the Modifications
available to a third party.
(d) Notwithstanding Section 2.2(b) above, no patent
license is granted: (1) for any code that Contributor
has deleted from the Contributor Version; (2) for
infringements caused by: (i) third party
modifications of Contributor Version, or (ii) the
combination of Modifications made by that Contributor
with other software (except as part of the
Contributor Version) or other devices; or (3) under
Patent Claims infringed by Covered Software in the
absence of Modifications made by that Contributor.
3. Distribution Obligations.
3.1. Availability of Source Code.
Any Covered Software that You distribute or otherwise make
available in Executable form must also be made available in
Source Code form and that Source Code form must be
distributed only under the terms of this License. You must
include a copy of this License with every copy of the
Source Code form of the Covered Software You distribute or
otherwise make available. You must inform recipients of any
such Covered Software in Executable form as to how they can
obtain such Covered Software in Source Code form in a
reasonable manner on or through a medium customarily used
for software exchange.
3.2. Modifications.
The Modifications that You create or to which You
contribute are governed by the terms of this License. You
represent that You believe Your Modifications are Your
original creation(s) and/or You have sufficient rights to
grant the rights conveyed by this License.
3.3. Required Notices.
You must include a notice in each of Your Modifications
that identifies You as the Contributor of the Modification.
You may not remove or alter any copyright, patent or
trademark notices contained within the Covered Software, or
any notices of licensing or any descriptive text giving
attribution to any Contributor or the Initial Developer.
3.4. Application of Additional Terms.
You may not offer or impose any terms on any Covered
Software in Source Code form that alters or restricts the
applicable version of this License or the recipients'
rights hereunder. You may choose to offer, and to charge a
fee for, warranty, support, indemnity or liability
obligations to one or more recipients of Covered Software.
However, you may do so only on Your own behalf, and not on
behalf of the Initial Developer or any Contributor. You
must make it absolutely clear that any such warranty,
support, indemnity or liability obligation is offered by
You alone, and You hereby agree to indemnify the Initial
Developer and every Contributor for any liability incurred
by the Initial Developer or such Contributor as a result of
warranty, support, indemnity or liability terms You offer.
3.5. Distribution of Executable Versions.
You may distribute the Executable form of the Covered
Software under the terms of this License or under the terms
of a license of Your choice, which may contain terms
different from this License, provided that You are in
compliance with the terms of this License and that the
license for the Executable form does not attempt to limit
or alter the recipient's rights in the Source Code form
from the rights set forth in this License. If You
distribute the Covered Software in Executable form under a
different license, You must make it absolutely clear that
any terms which differ from this License are offered by You
alone, not by the Initial Developer or Contributor. You
hereby agree to indemnify the Initial Developer and every
Contributor for any liability incurred by the Initial
Developer or such Contributor as a result of any such terms
You offer.
3.6. Larger Works.
You may create a Larger Work by combining Covered Software
with other code not governed by the terms of this License
and distribute the Larger Work as a single product. In such
a case, You must make sure the requirements of this License
are fulfilled for the Covered Software.
4. Versions of the License.
4.1. New Versions.
Sun Microsystems, Inc. is the initial license steward and
may publish revised and/or new versions of this License
from time to time. Each version will be given a
distinguishing version number. Except as provided in
Section 4.3, no one other than the license steward has the
right to modify this License.
4.2. Effect of New Versions.
You may always continue to use, distribute or otherwise
make the Covered Software available under the terms of the
version of the License under which You originally received
the Covered Software. If the Initial Developer includes a
notice in the Original Software prohibiting it from being
distributed or otherwise made available under any
subsequent version of the License, You must distribute and
make the Covered Software available under the terms of the
version of the License under which You originally received
the Covered Software. Otherwise, You may also choose to
use, distribute or otherwise make the Covered Software
available under the terms of any subsequent version of the
License published by the license steward.
4.3. Modified Versions.
When You are an Initial Developer and You want to create a
new license for Your Original Software, You may create and
use a modified version of this License if You: (a) rename
the license and remove any references to the name of the
license steward (except to note that the license differs
from this License); and (b) otherwise make it clear that
the license contains terms which differ from this License.
5. DISCLAIMER OF WARRANTY.
COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN ‘AS IS’
BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED
SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR
PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY
COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE
INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF
ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF
WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF
ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
DISCLAIMER.
6. TERMINATION.
6.1. This License and the rights granted hereunder will
terminate automatically if You fail to comply with terms
herein and fail to cure such breach within 30 days of
becoming aware of the breach. Provisions which, by their
nature, must remain in effect beyond the termination of
this License shall survive.
6.2. If You assert a patent infringement claim (excluding
declaratory judgment actions) against Initial Developer or
a Contributor (the Initial Developer or Contributor against
whom You assert such claim is referred to as ‘Participant’)
alleging that the Participant Software (meaning the
Contributor Version where the Participant is a Contributor
or the Original Software where the Participant is the
Initial Developer) directly or indirectly infringes any
patent, then any and all rights granted directly or
indirectly to You by such Participant, the Initial
Developer (if the Initial Developer is not the Participant)
and all Contributors under Sections 2.1 and/or 2.2 of this
License shall, upon 60 days notice from Participant
terminate prospectively and automatically at the expiration
of such 60 day notice period, unless if within such 60 day
period You withdraw Your claim with respect to the
Participant Software against such Participant either
unilaterally or pursuant to a written agreement with
Participant.
6.3. In the event of termination under Sections 6.1 or 6.2
above, all end user licenses that have been validly granted
by You or any distributor hereunder prior to termination
(excluding licenses granted to You by any distributor)
shall survive termination.
7. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE
INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF
COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE
LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK
STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT
APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT
APPLY TO YOU.
8. U.S. GOVERNMENT END USERS.
The Covered Software is a ‘commercial item,’ as that term is
defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of ‘commercial
computer software’ (as that term is defined at 48 C.F.R. ¤
252.227-7014(a)(1)) and ‘commercial computer software
documentation’ as such terms are used in 48 C.F.R. 12.212 (Sept.
1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1
through 227.7202-4 (June 1995), all U.S. Government End Users
acquire Covered Software with only those rights set forth herein.
This U.S. Government Rights clause is in lieu of, and supersedes,
any other FAR, DFAR, or other clause or provision that addresses
Government rights in computer software under this License.
9. MISCELLANEOUS.
This License represents the complete agreement concerning subject
matter hereof. If any provision of this License is held to be
unenforceable, such provision shall be reformed only to the
extent necessary to make it enforceable. This License shall be
governed by the law of the jurisdiction specified in a notice
contained within the Original Software (except to the extent
applicable law, if any, provides otherwise), excluding such
jurisdiction's conflict-of-law provisions. Any litigation
relating to this License shall be subject to the jurisdiction of
the courts located in the jurisdiction and venue specified in a
notice contained within the Original Software, with the losing
party responsible for costs, including, without limitation, court
costs and reasonable attorneys' fees and expenses. The
application of the United Nations Convention on Contracts for the
International Sale of Goods is expressly excluded. Any law or
regulation which provides that the language of a contract shall
be construed against the drafter shall not apply to this License.
You agree that You alone are responsible for compliance with the
United States export administration regulations (and the export
control laws and regulation of any other countries) when You use,
distribute or otherwise make available any Covered Software.
10. RESPONSIBILITY FOR CLAIMS.
As between Initial Developer and the Contributors, each party is
responsible for claims and damages arising, directly or
indirectly, out of its utilization of rights under this License
and You agree to work with Initial Developer and Contributors to
distribute such responsibility on an equitable basis. Nothing
herein is intended or shall be deemed to constitute any admission
of liability.
JSTL 1.2
JSTL was obtained under the CDDL v.1.0 license, the terms and conditions of which are set forth below. JSTL is distributed by CA for use with this CA product in unmodified, object code form, under the CA license agreement. Any provisions in the CA license agreement that differ from the CDDL are offered by CA alone and not by any other party. Source code for JSTL is available at https://jaxb.dev.java.net/. In addition, CA makes the source code for JSTL available at http://opensrcd.ca.com/ips/11971_28/ under the terms of the CDDL v.1.0. license:
COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0
1. Definitions.
1.1. "Contributor" means each individual or entity that creates or contributes to the creation of Modifications.
1.2. "Contributor Version" means the combination of the Original Software, prior Modifications used by a Contributor (if any), and the Modifications made by that particular Contributor.
1.3. "Covered Software" means (a) the Original Software, or (b) Modifications, or (c) the combination of files containing Original Software with files containing Modifications, in each case including portions thereof.
1.4. "Executable" means the Covered Software in any form other than Source Code.
1.5. "Initial Developer" means the individual or entity that first makes Original Software available under this License.
1.6. "Larger Work" means a work which combines Covered Software or portions thereof with code not governed by the terms of this License.
1.7. "License" means this document.
1.8. "Licensable" means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently acquired, any and all of the rights conveyed herein.
1.9. "Modifications" means the Source Code and Executable form of any of the following:
A. Any file that results from an addition to, deletion from or modification of the contents of a file containing Original Software or previous Modifications;
B. Any new file that contains any part of the Original Software or previous Modification; or
C. Any new file that is contributed or otherwise made available under the terms of this License.
1.10. "Original Software" means the Source Code and Executable form of computer software code that is originally released under this License.
1.11. "Patent Claims" means any patent claim(s), now owned or hereafter acquired, including without limitation, method, process, and apparatus claims, in any patent Licensable by grantor.
1.12. "Source Code" means (a) the common form of computer software code in which modifications are made and (b) associated documentation included in or with such code.
1.13. "You" (or "Your") means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License. For legal entities, "You" includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity.
2. License Grants.
2.1. The Initial Developer Grant.
Conditioned upon Your compliance with Section 3.1 below and subject to third party intellectual property claims, the Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive license:
(a) under intellectual property rights (other than patent or trademark) Licensable by Initial Developer, to use, reproduce, modify, display, perform, sublicense and distribute the Original Software (or portions thereof), with or without Modifications, and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making, using or selling of Original Software, to make, have made, use, practice, sell, and offer for sale, and/or otherwise dispose of the Original Software (or portions thereof).
(c) The licenses granted in Sections 2.1(a) and (b) are effective on the date Initial Developer first distributes or otherwise makes the Original Software available to a third party under the terms of this License.
(d) Notwithstanding Section 2.1(b) above, no patent license is granted: (1) for code that You delete from the Original Software, or (2) for infringements caused by: (i) the modification of the Original Software, or (ii) the combination of the Original Software with other software or devices.
2.2. Contributor Grant.
Conditioned upon Your compliance with Section 3.1 below and subject to third party intellectual property claims, each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license:
(a) under intellectual property rights (other than patent or trademark) Licensable by Contributor to use, reproduce, modify, display, perform, sublicense and distribute the Modifications created by such Contributor (or portions thereof), either on an unmodified basis, with other Modifications, as Covered Software and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making, using, or selling of Modifications made by that Contributor either alone and/or in combination with its Contributor Version (or portions of such combination), to make, use, sell, offer for sale, have made, and/or otherwise dispose of: (1) Modifications made by that Contributor (or portions thereof); and (2) the combination of Modifications made by that Contributor with its Contributor Version (or portions of such combination).
(c) The licenses granted in Sections 2.2(a) and 2.2(b) are effective on the date Contributor first distributes or otherwise makes the Modifications available to a third party.
(d) Notwithstanding Section 2.2(b) above, no patent license is granted: (1) for any code that Contributor has deleted from the Contributor Version; (2) for infringements caused by: (i) third party modifications of Contributor Version, or (ii) the combination of Modifications made by that Contributor with other software (except as part of the Contributor Version) or other devices; or (3) under Patent Claims infringed by Covered Software in the absence of Modifications made by that Contributor.
3. Distribution Obligations.
3.1. Availability of Source Code.
Any Covered Software that You distribute or otherwise make available in Executable form must also be made available in Source Code form and that Source Code form must be distributed only under the terms of this License. You must include a copy of this License with every copy of the Source Code form of the Covered Software You distribute or otherwise make available. You must inform recipients of any such Covered Software in Executable form as to how they can obtain such Covered Software in Source Code form in a reasonable manner on or through a medium customarily used for software exchange.
3.2. Modifications.
The Modifications that You create or to which You contribute are governed by the terms of this License. You represent that You believe Your Modifications are Your original creation(s) and/or You have sufficient rights to grant the rights conveyed by this License.
3.3. Required Notices.
You must include a notice in each of Your Modifications that identifies You as the Contributor of the Modification. You may not remove or alter any copyright, patent or trademark notices contained within the Covered Software, or any notices of licensing or any descriptive text giving attribution to any Contributor or the Initial Developer.
3.4. Application of Additional Terms.
You may not offer or impose any terms on any Covered Software in Source Code form that alters or restricts the applicable version of this License or the recipients’ rights hereunder. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Software. However, you may do so only on Your own behalf, and not on behalf of the Initial Developer or any Contributor. You must make it absolutely clear that any such warranty, support, indemnity or liability obligation is offered by You alone, and You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of warranty, support, indemnity or liability terms You offer.
3.5. Distribution of Executable Versions.
You may distribute the Executable form of the Covered Software under the terms of this License or under the terms of a license of Your choice, which may contain terms different from this License, provided that You are in compliance with the terms of this License and that the license for the Executable form does not attempt to limit or alter the recipient’s rights in the Source Code form from the rights set forth in this License. If You distribute the Covered Software in Executable form under a different license, You must make it absolutely clear that any terms which differ from this License are offered by You alone, not by the Initial Developer or Contributor. You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of any such terms You offer.
3.6. Larger Works.
You may create a Larger Work by combining Covered Software with other code not governed by the terms of this License and distribute the Larger Work as a single product. In such a case, You must make sure the requirements of this License are fulfilled for the Covered Software.
4. Versions of the License.
4.1. New Versions.
Sun Microsystems, Inc. is the initial license steward and may publish revised and/or new versions of this License from time to time. Each version will be given a distinguishing version number. Except as provided in Section 4.3, no one other than the license steward has the right to modify this License.
4.2. Effect of New Versions.
You may always continue to use, distribute or otherwise make the Covered Software available under the terms of the version of the License under which You originally received the Covered Software. If the Initial Developer includes a notice in the Original Software prohibiting it from being distributed or otherwise made available under any subsequent version of the License, You must distribute and make the Covered Software available under the terms of the version of the License under which You originally received the Covered Software. Otherwise, You may also choose to use, distribute or otherwise make the Covered Software available under the terms of any subsequent version of the License published by the license steward.
4.3. Modified Versions.
When You are an Initial Developer and You want to create a new license for Your Original Software, You may create and use a modified version of this License if You: (a) rename the license and remove any references to the name of the license steward (except to note that the license differs from this License); and (b) otherwise make it clear that the license contains terms which differ from this License.
5. DISCLAIMER OF WARRANTY.
COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN ‘AS IS’ BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
6. TERMINATION.
6.1. This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.
6.2. If You assert a patent infringement claim (excluding declaratory judgment actions) against Initial Developer or a Contributor (the Initial Developer or Contributor against whom You assert such claim is referred to as ‘Participant’) alleging that the Participant Software (meaning the Contributor Version where the Participant is a Contributor or the Original Software where the Participant is the Initial Developer) directly or indirectly infringes any patent, then any and all rights granted directly or indirectly to You by such Participant, the Initial Developer (if the Initial Developer is not the Participant) and all Contributors under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant terminate prospectively and automatically at the expiration of such 60 day notice period, unless if within such 60 day period You withdraw Your claim with respect to the Participant Software against such Participant either unilaterally or pursuant to a written agreement with Participant.
6.3. In the event of termination under Sections 6.1 or 6.2 above, all end user licenses that have been validly granted by You or any distributor hereunder prior to termination (excluding licenses granted to You by any distributor) shall survive termination.
7. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY’S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
8. U.S. GOVERNMENT END USERS.
The Covered Software is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" (as that term is defined at 48 C.F.R. § 252.227-7014(a)(1)) and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Software with only those rights set forth herein. This U.S. Government Rights clause is in lieu of, and supersedes, any other FAR, DFAR, or other clause or provision that addresses Government rights in computer software under this License.
9. MISCELLANEOUS.
This License represents the complete agreement concerning subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License shall be governed by the law of the jurisdiction specified in a notice contained within the Original Software (except to the extent applicable law, if any, provides otherwise), excluding such jurisdiction’s conflict-of-law provisions. Any litigation relating to this License shall be subject to the jurisdiction of the courts located in the jurisdiction and venue specified in a notice contained within the Original Software, with the losing party responsible for costs, including, without limitation, court costs and reasonable attorneys’ fees and expenses. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License. You agree that You alone are responsible for compliance with the United States export administration regulations (and the export control laws and regulation of any other countries) when You use, distribute or otherwise make available any Covered Software.
10. RESPONSIBILITY FOR CLAIMS.
As between Initial Developer and the Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of its utilization of rights under this License and You agree to work with Initial Developer and Contributors to distribute such responsibility on an equitable basis. Nothing herein is intended or shall be deemed to constitute any admission of liability.
NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL)
The code released under the CDDL shall be governed by the laws of the State of California (excluding conflict-of-law provisions). Any litigation relating to this License shall be subject to the jurisdiction of the Federal Courts of the Northern District of California and the state courts of the State of California, with venue lying in Santa Clara County, California.
This Product is distributed with Windows Server 2003 Standard ("Microsoft Product")
The following additional terms and conditions apply to your use of the Microsoft Product
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT WINDOWS SERVER 2003 R2 STANDARD
EDITION, ENTERPRISE EDITION, STANDARD x64
EDITION, ENTERPRISE x64 EDITION WITH SERVICE
PACK 2
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
â?¢ updates,
â?¢ supplements,
â?¢ Internet-based services, and
â?¢ support services
for this software, unless other terms accompany those items. If so, those terms apply.
By using the software, you accept these terms. If you do not accept them, do not use the software. Instead, return it to the retailer for a refund or credit. If you cannot obtain a refund there, contact Microsoft or the Microsoft affiliate serving your country for information about Microsoftâ??s refund policies. See www.microsoft.com/worldwide. In the United States and Canada, call (800)
MICROSOFT or see www.microsoft.com/info/nareturns.htm.
As described below, using some features also operates as your consent to the transmission
of certain standard computer information for Internet-based services.
EVALUATION USE RIGHTS. If you acquired an evaluation version of the software then the
EVALUATION USE RIGHTS described in this section apply to your use of the software:
â?¢ You may use the software only to test, demonstrate, and internally evaluate it.
â?¢ You may not use the software in a live operating environment unless Microsoft permits you to do so
under another agreement.
â?¢ TIME SENSITIVE SOFTWARE. The software will stop running 180 days from the date that it is
activated. You may not be able to access data used with the software when it stops running.
â?¢ Sections 1-3, 5, 6, 11 â?? 19, 23, 27, and Limited Warranty do not apply. The remaining
sections below apply.
â?¢ DISCLAIMER OF WARRANTY. The software is licensed â??as-is.â?� You bear the risk of using it. Pg. 2
Microsoft gives no express warranties, guarantees or conditions. You may have additional consumer
rights under your local laws which this agreement cannot change. To the extent permitted under
your local laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular
purpose and non-infringement.
â?¢ Because this software is â??as is,â?� we may not provide support services for it.
â?¢ LIMITATION ON AND EXCLUSION OF REMEDIES AND 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
â?¢ anything related to the software, services, content (including code) on third party Internet sites,
or third party programs; and
â?¢ 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 country may not allow the
exclusion or limitation of incidental, consequential or other damages.
If you acquired a retail version of the software then the license terms described below apply
to you.
If you comply with these license terms, you have the rights below for each software license
you acquire.
1. OVERVIEW.
a. Software. The software includes
â?¢ server software; and
â?¢ additional software that may only be used with the server software directly, or indirectly
through other additional software.
b. License Model. The software is licensed based on
â?¢ the number of instances of server software that you run;
â?¢ the number of devices and users that access instances of server software; and
â?¢ the server software functionality accessed.
c. Licensing Terminology.
â?¢ Instance. You create an â??instanceâ?� of software by executing the softwareâ??s setup or install
procedure. You also create an instance of software by duplicating an existing instance.
References to software in this agreement include â??instancesâ?� of the software.
â?¢ Run an Instance. You â??run an instanceâ?� of software by loading it into memory and
executing one or more of its instructions. Once running, an instance is considered to be
running (whether or not its instructions continue to execute) until it is removed from
memory.
â?¢ Operating System Environment. An â??operating system environmentâ?� is
(i) all or part of an operating system instance, or all or part of a virtual (or otherwise
emulated) operating system instance which enables separate machine identity (primary
computer name or similar unique identifier) or separate administrative rights, and
(ii) instances of applications, if any, configured to run on the operating system instance or
parts identified above.
There are two types of operating system environments, physical and virtual. A physical
operating system environment is configured to run directly on a physical hardware system.
The operating system instance used to run hardware virtualization software (e.g. Microsoft
Virtual Server or similar technologies) or to provide hardware virtualization services (e.g.
Microsoft virtualization technology or similar technologies) is considered part of the physical
operating system environment. A virtual operating system environment is configured to run Pg. 3
on a virtual (or otherwise emulated) hardware system.
A physical hardware system can have either or both of the following:
(i) one physical operating system environment, and
(ii) one or more virtual operating system environments.
â?¢ Server. A server is a physical hardware system or device capable of running server software.
A hardware partition or blade is considered to be a separate physical hardware system.
â?¢ Assigning a License. To assign a license means simply to designate that license to one
device or user.
2. USE RIGHTS.
a. Assigning the License to the Server.
i. Before you run any instance of the server software under a software license, you must assign
that license to one of your servers. That server is the licensed server for that particular
license. You may assign other software licenses to the same server, but you may not assign
the same license to more than one server.
ii. You may reassign a software license, but not within 90 days of the last assignment. You may
reassign a software license sooner if you retire the licensed server due to permanent
hardware failure. If you reassign a license, the server to which you reassign the license
becomes the new licensed server for that license.
b. Running Instances of the Server Software. You may run, at any one time, one instance of
the server software in one physical operating system environment and one instance in one virtual
operating system environment on the licensed server.
If you run both permitted instances at the same time, the instance of the server software running
in the physical operating system environment may be used only to:
â?¢ run hardware virtualization software
â?¢ provide hardware virtualization services
â?¢ run software to manage and service operating system environments on the licensed server.
c. Running Instances of the Additional Software. You may run or otherwise use any number
of instances of additional software listed below in physical or virtual operating system
environments on any number of devices. You may use additional software only with the server
software directly, or indirectly through other additional software.
â?¢ AD Migration Tool
â?¢ FRS Monitoring Tools
â?¢ Remote Desktop Connection Client
â?¢ RSAT Client
â?¢ Server Migration Tool
d. Creating and Storing Instances on Your Servers or Storage Media. You have the
additional rights below for each software license you acquire.
â?¢ You may create any number of instances of the server software and additional software.
â?¢ You may store instances of the server software and additional software on any of your
servers or storage media.
â?¢ You may create and store instances of the server software and additional software solely to
exercise your right to run instances of the server software under any of your software
licenses as described above (e.g., you may not distribute instances to third parties).
e. Included Microsoft Programs. The software contains other Microsoft programs. These license
terms apply to your use of those programs.
3. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
a. Windows Server 2003 Client Access Licenses (CALs).
i. You must acquire and assign the appropriate CAL to each device or user that accesses your
instances of the server software directly or indirectly. A hardware partition or blade is
considered to be a separate device.
â?¢ You do not need CALs for any user or device that accesses your instances of the server Pg. 4
software only through the Internet without being authenticated or otherwise individually
identified by the server software or through any other means.
â?¢ You do not need CALs for any of your servers licensed to run instances of the server
software.
â?¢ You do not need CALs for up to two devices or users to access your instances of the
server software only to administer those instances.
â?¢ You do not need CALs for any instance running in a physical operating system
environment used solely to
â?¢ run hardware virtualization software
â?¢ provide hardware virtualization services
â?¢ run software to manage and service operating system environments on the licensed
server.
â?¢ Your CALs permit access to your instances of earlier versions, but not later versions, of
the server software. If you are accessing instances of an earlier version, you may also
use CALs corresponding to that version.
â?¢ You may use the Windows Small Business Server (SBS) 2003 CAL Suite or Windows SBS
2003 CAL Suite for Premium Users or Devices instead of Windows Server 2003 CALs to
access instances of the server software within an SBS 2003 domain.
â?¢ You may use the Windows Essential Business Server (EBS) 2003 CAL Suite or Windows
EBS 2003 CAL Suite for Premium Users or Devices instead of Windows Server 2003 CALs
to access instances of the server software within an EBS 2003 domain.
ii. Some server software functionality requires additional CALs, as listed below.
â?¢ Windows Server 2003 Remote Desktop Services: Windows Server 2003 Remote Desktop
Services CAL or Terminal Services CAL
â?¢ Windows Server 2003 Rights Management Services: Windows Server 2003 Rights
Management Services CAL
iii. Types of CALs. There are two types of CALs: one for devices and one for users. Each device
CAL permits one device, used by any user, to access instances of the server software on your
licensed servers. Each user CAL permits one user, using any device, to access instances of
the server software on your licensed servers. You may use a combination of device and user
CALs.
iv. Reassignment of CALs. You may
â?¢ permanently reassign your device CAL from one device to another, or your user CAL from
one user to another; or
â?¢ temporarily reassign your device CAL to a loaner device while the first device is out of
service, or your user CAL to a temporary worker while the user is absent.
v. Windows Server 2003 Remote Desktop Services. You must acquire a Windows Server
2003 Remote Desktop Services CAL or Windows Server 2003 Terminal Services CAL for each
user or device that directly or indirectly accesses the server software to host a graphical user
interface (using the Windows Server 2003 Remote Desktop Services functionality or other
technology).
vi. Windows Server 2003 Rights Management Services CALs. In addition to needing a
Windows Server 2003 CAL, you need a Windows Server 2003 Rights Management Services
CAL for each user or device that directly or indirectly accesses the Windows Server 2003
Rights Management Services functionality.
vii. The server software can be used in either â??per device or per userâ?� mode or â??per serverâ?�
mode. In â??per device or per userâ?� mode, you need a Windows Server 2003 CAL for each
device or user that directly or indirectly accesses instances of the server software on your
licensed servers. In â??per serverâ?� mode, you need and must dedicate exclusively to an
instance of the server software as many Windows Server 2003 CALs as the greatest number
of devices and users that may directly or indirectly access that instance at the same time. Pg. 5
You may change the mode only one time, from â??per serverâ?� to â??per device or per user.â?� If
you do, you will retain the same number Windows Server 2003 CALS.
b. Multiplexing. Hardware or software you use to
â?¢ pool connections,
â?¢ reroute information,
â?¢ reduce the number of devices or users that directly access or use the software,
â?¢ reduce the number of devices or users the software directly manages,
(sometimes referred to as â??multiplexingâ?� or â??poolingâ?�), does not reduce the number of licenses of
any type that you need.
c. Font Components. While the software is running, you may use its fonts to display and print
content. You may only
â?¢ embed fonts in content as permitted by the embedding restrictions in the fonts; and
â?¢ temporarily download them to a printer or other output device to print content.
d. Icons, images and sounds. While the software is running, you may use but not share its
icons, images, sounds, and media. The sample images, sounds and media provided with the
software are for your non-commercial use only.
e. No Separation of Server Software. You may not separate the server software for use in more
than one operating system environment under a single license, unless expressly permitted. This
applies even if the operating system environments are on the same physical hardware system.
f. Additional Functionality. Microsoft may provide additional functionality for the software. Other
license terms and fees may apply.
4. MANDATORY ACTIVATION. Activation associates the use of the software with a specific device.
During activation, the software will send information about the software and the device to Microsoft.
This information includes the version, language and product key of the software, the Internet
protocol address of the device, and information derived from the hardware configuration of the
device. For more information, see www.microsoft.com/piracy/mpa.aspx. By using the software, you
consent to the transmission of this information. If properly licensed, you have the right to use the
version of the software installed during the installation process up to the time permitted for
activation. Unless the software is activated, you have no right to use the software after
the time permitted for activation. This is to prevent its unlicensed use. You are not permitted
to bypass or circumvent activation. If the device is connected to the Internet, the software may
automatically connect to Microsoft for activation. You can also activate the software manually by
Internet or telephone. If you do so, Internet and telephone service charges may apply. Some
changes to your computer components or the software may require you to reactivate the software.
The software will remind you to activate it until you do.
5. VALIDATION.
a. The software will from time to time validate the software, update or require download of the
validation feature of the software. Validation verifies that the software has been activated and is
properly licensed. Validation also permits you to use certain features of the software or to obtain
additional benefits. For more information, see go.microsoft.com/fwlink/?linkid=39157.
b. During a validation check, the software will send information about the software and the device
to Microsoft. This information includes the version and product key of the software, and the
Internet protocol address of the device. Microsoft does not use the information to identify or
contact you. By using the software, you consent to the transmission of this information. For more
information about validation and what is sent during a validation check, see
go.microsoft.com/fwlink/?linkid=69500.
c. If, after a validation check, the software is found not to be properly licensed, the functionality of Pg. 6
the software may be affected. For example, you may
â?¢ need to reactivate the software, or
â?¢ receive reminders to obtain a properly licensed copy of the software,
or you may not be able to
â?¢ use or continue to use some of the features of the software, or
â?¢ obtain certain updates or upgrades from Microsoft.
d. You may only obtain updates or upgrades for the software from Microsoft or authorized sources.
For more information on obtaining updates from authorized sources see
go.microsoft.com/fwlink/?linkid=69502.
6. POTENTIALLY UNWANTED SOFTWARE. If turned on, Windows Defender will search your
computer for â??spyware,â?� â??adwareâ?� and other potentially unwanted software. If it finds potentially
unwanted software, the software will ask you if you want to ignore, disable (quarantine) or remove
it. Any potentially unwanted software rated â??highâ?� or â??severe,â?� will automatically be removed after
scanning unless you change the default setting. Removing or disabling potentially unwanted software
may result in
â?¢ other software on your computer ceasing to work, or
â?¢ your breaching a license to use other software on your computer.
By using this software, it is possible that you will also remove or disable software that is not
potentially unwanted software.
7. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software. It
may change or cancel them at any time.
a. Consent for Internet-Based Services. The software features described below and in the
Windows Server Privacy Highlights connect to Microsoft or service provider computer systems
over the Internet. In some cases, you will not receive a separate notice when they connect. You
may switch off these features or not use them. For more information about these features, go to
go.microsoft.com/fwlink/?linkid=101128. By using these features, you consent to the
transmission of this information. Microsoft does not use the information to identify or
contact you.
Computer Information. The following features use Internet protocols, which send to the
appropriate systems computer information, such as your Internet protocol address, the type of
operating system, browser and name and version of the software you are using, and the
language code of the device where you run the software. Microsoft uses this information to make
the Internet-based services available to you.
â?¢ Plug and Play and Plug and Play Extensions. You may connect new hardware to your device,
either directly or over a network. Your device may not have the drivers needed to
communicate with that hardware. If so, the update feature of the software can obtain the
correct driver from Microsoft and install it on your device. An administrator can disable this
update feature.
â?¢ Windows Update Feature. You may connect new hardware to the device where you run the
software. Your device may not have the drivers needed to communicate with that hardware.
If so, the update feature of the software can obtain the correct driver from Microsoft and run
it on your device. You can switch off this update feature.
â?¢ Web Content Features. Features in the software can retrieve related content from Microsoft
and provide it to you. To provide the content, these features send to Microsoft the type of
operating system, name and version of the software you are using, type of browser and
language code of the device where you run the software. Examples of these features are clip
art, templates, online training, online assistance and Appshelp. You may choose not to use
these web content features. Pg. 7
â?¢ Digital Certificates. The software uses digital certificates. These digital certificates confirm the
identity of Internet users sending X.509 standard encrypted information. They also can be
used to digitally sign files and macros, to verify the integrity and origin of the file contents.
The software retrieves certificates and updates certificate revocation lists. These security
features operate only when you use the Internet.
â?¢ Auto Root Update. The Auto Root Update feature updates the list of trusted certificate
authorities. You can switch off the Auto Root Update feature.
â?¢ Windows Media Digital Rights Management. Content owners use Windows Media digital
rights management technology (WMDRM) to protect their intellectual property, including
copyrights. This software and third party software use WMDRM to play and copy
WMDRM-protected content. If the software fails to protect the content, content owners may
ask Microsoft to revoke the softwareâ??s ability to use WMDRM to play or copy protected
content. Revocation does not affect other content. When you download licenses for protected
content, you agree that Microsoft may include a revocation list with the licenses. Content
owners may require you to upgrade WMDRM to access their content. Microsoft software that
includes WMDRM will ask for your consent prior to the upgrade. If you decline an upgrade,
you will not be able to access content that requires the upgrade. You may switch off WMDRM
features that access the Internet. When these features are off, you can still play content for
which you have a valid license.
â?¢ Windows Media Player. When you use Windows Media Player, it checks with Microsoft for
â?¢ compatible online music services in your region;
â?¢ new versions of the player; and
â?¢ codecs if your device does not have the correct ones for playing content.
You can switch off this last feature. For more information, go to
www.microsoft.com/windows/windowsmedia/player/11/privacy.aspx.
â?¢ Malicious Software Removal. During setup, if you select â??Get important updates for
installationâ?�, the software may check and remove certain malware from your device.
â??Malwareâ?� is malicious software. If the software runs, it will remove the Malware listed and
updated at www.support.microsoft.com/?kbid=890830. During a Malware check, a report will
be sent to Microsoft with specific information about Malware detected, errors, and other
information about your device. This information is used to improve the software and other
Microsoft products and services. No information included in these reports will be used to
identify or contact you. You may disable the softwareâ??s reporting functionality by following
the instructions found at www.support.microsoft.com/?kbid=890830. For more information,
read the Windows Malicious Software Removal Tool privacy statement at
go.microsoft.com/fwlink/?LinkId=113995.
â?¢ Network Awareness. This feature determines whether a system is connected to a network by
either passive monitoring of network traffic or active DNS or HTTP queries. The query only
transfers standard TCP/IP or DNS information for routing purposes. You can switch off the
active query feature through a registry setting.
â?¢ Windows Time Service. This service synchronizes with time.windows.com once a week to
provide your computer with the correct time. You can turn this feature off or choose your
preferred time source within the Date and Time Control Panel applet. The connection uses
standard NTP protocol.
â?¢ IPv6 Network Address Translation (NAT) Traversal service (Teredo). This feature helps
existing home Internet gateway devices transition to IPv6. IPv6 is a next generation Internet
protocol. It helps enable end-to-end connectivity often needed by peer-to-peer applications.
To do so, each time you start up the software the Teredo client service will attempt to locate
a public Teredo Internet service. It does so by sending a query over the Internet. This query
only transfers standard Domain Name Service information to determine if your computer is
connected to the Internet and can locate a public Teredo service. If you Pg. 8
â?¢ use an application that needs IPv6 connectivity or
â?¢ configure your firewall to always enable IPv6 connectivity
by default standard Internet Protocol information will be sent to the Teredo service at
Microsoft at regular intervals. No other information is sent to Microsoft. You can change this
default to use non-Microsoft servers. You can also switch off this feature using a command
line utility named â??netshâ?�.
â?¢ Windows Rights Management Services. The software contains a feature that allows you to
create content that cannot be printed, copied or sent to others without your permission. For
more information, go to www.microsoft.com/rms. You may choose not to use this feature.
â?¢ Accelerators. When you use click on or move your mouse over an Accelerator, the title and
full web address or URL of the current webpage, as well as standard computer information,
and any content you have selected, might be sent to the service provider. If you use an
Accelerator provided by Microsoft, the information sent is subject to the Microsoft Online
Privacy Statement, which is available at go.microsoft.com/fwlink/?linkid=31493. If you use an
Accelerator provided by a third party, use of the information sent will be subject to the third
partyâ??s privacy practices.
â?¢ Search Suggestions Service. When you type a search query in Internet Explorer by using the
Instant Search box or by typing a question mark (?) before your search term in the Address bar, you will see search suggestions as you type (if supported by your search provider). Everything you type in the Instant Search box or in the Address bar when preceded by a question mark (?) is sent to your search provider as you type it. In addition, when you press Enter or click the Search button, all the text that is in the search box or Address bar is sent to the search provider. If you use a Microsoft search provider, the information you send is subject to the Microsoft Online Privacy Statement, which is available at go.microsoft.com/fwlink/?linkid=31493. If you use a third-party search provider, use of the information sent will be subject to the third partyâ??s privacy practices. You can turn search suggestions off at any time in Internet Explorer by using Manage Add-ons under the Tools button. For more information about the search suggestions service, see
go.microsoft.com/fwlink/?linkid=128106.
b. Use of Information. Microsoft may use the computer information, Accelerator information, search suggestions information, and Malware reports to improve our software and services. We may also share it with others, such as hardware and software vendors. They may use the information to improve how their products run with Microsoft software.
c. Misuse of Internet-based Services. You may not use these services in any way that could harm them or impair anyone elseâ??s use of them. You may not use the services to try to gain unauthorized access to any service, data, account or network by any means.
8. DATA STORAGE TECHNOLOGY. The server software includes data storage technology called Windows Internal Database. Components of the server software use this technology to store data. You may not otherwise use or access this technology under this agreement.
9. MICROSOFT .NET BENCHMARK TESTING. The software includes one or more components of the .NET Framework (â??.NET Componentsâ?�). You may conduct internal benchmark testing of those components. You may disclose the results of any benchmark test of those components, provided that you comply with the conditions set forth at go.microsoft.com/fwlink/?LinkID=66406. Notwithstanding any other agreement you may have with Microsoft, if you disclose such benchmark test results, Microsoft shall have the right to disclose the results of benchmark tests it conducts of your products that compete with the applicable .NET Component, provided it complies with the same conditions set forth at go.microsoft.com/fwlink/?LinkID=66406.
10. SCOPE OF LICENSE. 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 Pg. 9
only allow you to use it in certain ways. For more information, see www.microsoft.com/licensing/userights. You may not
â?¢ work around any technical limitations in the software;
â?¢ reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
â?¢ use the softwareâ??s files and components within another operating system or application running on another operating system;
â?¢ make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
â?¢ publish the software for others to copy;
â?¢ rent, lease or lend the software; or
â?¢ use the software for commercial software hosting services.
Rights to access the software on any device do not give you any right to implement Microsoft patents
or other Microsoft intellectual property in software or devices that access that device.
11. ALTERNATIVE VERSIONS. The software may include more than one version, such as 32-bit and 64-bit. For each instance of the software that you are permitted to create, store and run, you may use either version.
12. BACKUP COPY. You may make one backup copy of the software media. You may use it only to create instances of the software.
13. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
14. NOT FOR RESALE SOFTWARE. You may not sell software marked as â??NFRâ?� or â??Not for Resale.â?�
15. ACADEMIC EDITION SOFTWARE. You must be a â??Qualified Educational Userâ?� to use software marked as â??Academic Editionâ?� or â??AE.â?� If you do not know whether you are a Qualified Educational
User, visit www.microsoft.com/education or contact the Microsoft affiliate serving your country.
16. DOWNGRADE. Instead of creating, storing, and using the software, for each permitted instance you may create, store, and use an earlier version. This agreement applies to your use of the earlier version. If the earlier version includes different components, any terms for those components in the agreement that comes with the earlier version apply to your use of them. Microsoft is not obligated to supply earlier versions to you. At any time, you may replace an earlier version with this version of the software.
17. UPGRADE. If this software is marked as an upgrade version, you may use it only if you have a license to use the software eligible for upgrade. If you upgrade, this software takes the place of the earlier version, and this agreement takes the place of the agreement for that earlier version. You may not continue to use the earlier version after you upgrade.
18. GENUINE PROOF OF LICENSE. If you acquired the software on a disc or other media, your proof of license is the genuine Microsoft product key that comes with the original Microsoft packaging, and your proof of purchase. Proof of purchase may be subject to verification by your merchantâ??s records.
19. TRANSFER TO A THIRD PARTY. The first user of the software may transfer it, this agreement, and CALs, directly to a third party. Before the transfer, that party must agree that this agreement applies to the transfer and use of the software. The transfer must include the software and the Proof of License label. The first user may not retain any instances of the software unless that user also retains another license for the software.
20. NOTICE ABOUT THE MPEG-4 VISUAL STANDARD. This software includes MPEG-4 visual decoding technology. This technology is a format for data compression of video information. MPEG
LA, L.L.C. requires this notice: Pg. 10
USE OF THIS PRODUCT IN ANY MANNER THAT COMPLIES WITH THE MPEG 4 VISUAL STANDARD IS PROHIBITED, EXCEPT FOR USE DIRECTLY RELATED TO (A) DATA OR INFORMATION (i) GENERATED BY AND OBTAINED WITHOUT CHARGE FROM A CONSUMER NOT THEREBY ENGAGED IN A BUSINESS ENTERPRISE, AND (ii) FOR PERSONAL USE ONLY; AND (B) OTHER USES SPECIFICALLY AND SEPARATELY LICENSED BY MPEG LA, L.L.C.
If you have questions about the MPEG-4 Visual Standard, please contact MPEG LA, L.L.C., 250 Steele
Street, Suite 300, Denver, Colorado 80206; www.mpegla.com.
21. NOTICE ABOUT THE VC-1 VISUAL STANDARD. This software may include VC-1 visual decoding
technology. MPEG LA, L.L.C. requires this notice:
THIS PRODUCT IS LICENSED UNDER THE VC-1 PATENT PORTFOLIO LICENSES FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (A) ENCODE VIDEO IN COMPLIANCE WITH THE VC-1 STANDARD (â??VC-1 VIDEOâ?�) OR (B) DECODE VC-1 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE VC-1 VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE.
If you have questions about the VC-1 Visual Standard, please contact MPEG LA, L.L.C., 250 Steele
Street, Suite 300, Denver, Colorado 80206; www.mpegla.com.
22. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations.
You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
23. SUPPORT SERVICES. Microsoft provides support services for the software as described at
www.support.microsoft.com/common/international.aspx.
24. ENTIRE AGREEMENT. This agreement (including the warranty below), 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.
25. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
26. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your state or country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so.
27. LIMITATION ON AND EXCLUSION OF DAMAGES. You can recover from Microsoft and its suppliers only direct damages up to the amount you paid for the software. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
This limitation applies to
â?¢ anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
â?¢ claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. Pg. 11
It also applies even if
â?¢ repair, replacement or a refund for the software does not fully compensate you for any losses; or
â?¢ Microsoft knew or should have known about the possibility of the damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. They also may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
***********************************************************************
LIMITED WARRANTY
A. LIMITED WARRANTY. If you follow the instructions, the software will perform substantially as described in the Microsoft materials that you receive in or with the software.
B. TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES.
The limited warranty covers the software for one year after acquired by the first user. If you receive supplements, updates, or replacement software during that year, they will be covered for the remainder of the warranty or 30 days, whichever is longer. If the first user transfers the software, the remainder of the warranty will apply to the recipient. To the extent permitted by law, any implied warranties, guarantees or conditions last only during the term of the limited warranty. Some states do not allow limitations on how long an implied warranty lasts, so these limitations may not apply to you. They also might not apply to you because some countries may not allow limitations on how long an implied warranty, guarantee or condition lasts.
C. EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your acts (or failures to act), the acts of others, or events beyond Microsoftâ??s reasonable control.
D. REMEDY FOR BREACH OF WARRANTY. Microsoft will repair or replace the software at no charge. If Microsoft cannot repair or replace it, Microsoft will refund the amount shown on your receipt for the software. It will also repair or replace supplements, updates and replacement software at no charge. If Microsoft cannot repair or replace them, it will refund the amount you paid for them, if any. You must uninstall the software and return any media and other associated materials to Microsoft with proof of purchase to obtain a refund. These are your only remedies for breach of the limited warranty.
E. CONSUMER RIGHTS NOT AFFECTED. You may have additional consumer rights under your local laws, which this agreement cannot change.
F. WARRANTY PROCEDURES. You need proof of purchase for warranty service.
1. United States and Canada. For warranty service or information about how to obtain a refund for software acquired in the United States and Canada, contact Microsoft at
â?¢ (800) MICROSOFT;
â?¢ Microsoft Customer Service and Support, One Microsoft Way, Redmond, WA 98052-6399; or
â?¢ visit www.microsoft.com/info/nareturns.htm.
2. Europe, Middle East and Africa. If you acquired the software in Europe, the Middle East or
Africa, Microsoft Ireland Operations Limited makes this limited warranty. To make a claim under this warranty, you should contact either
â?¢ Microsoft Ireland Operations Limited, Customer Care Centre, Atrium Building Block B,
Carmanhall Road, Sandyford Industrial Estate, Dublin 18, Ireland; or
â?¢ the Microsoft affiliate serving your country (see www.microsoft.com/worldwide).
3. Outside United States, Canada, Europe, Middle East and Africa. If you acquired the software outside the United States, Canada, Europe, the Middle East and Africa, contact the Microsoft affiliate serving your country (see www.microsoft.com/worldwide).
G. NO OTHER WARRANTIES. The limited warranty is the only direct warranty from Microsoft. Microsoft gives no other express warranties, guarantees or conditions. Where allowed by your local laws, Microsoft excludes implied warranties of merchantability, fitness for a particular purpose and non-infringement. If your local laws give you any implied warranties, guarantees or Pg. 12
conditions, despite this exclusion, your remedies are described in the Remedy for Breach of Warranty clause above, to the extent permitted by your local laws.
H. LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY. The
Limitation on and Exclusion of Damages clause above applies to breaches of this limited warranty. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. You may also have other rights which vary from country to country.
This Product is distributed with Windows Server 2008 ("Microsoft Product")
The following additional terms and conditions apply to your use of the Microsoft Product
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT WINDOWS SERVER 2008 R2 STANDARD
EDITION, ENTERPRISE EDITION, STANDARD x64
EDITION, ENTERPRISE x64 EDITION WITH SERVICE
PACK 2
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
â?¢ updates,
â?¢ supplements,
â?¢ Internet-based services, and
â?¢ support services
for this software, unless other terms accompany those items. If so, those terms apply.
By using the software, you accept these terms. If you do not accept them, do not use the software. Instead, return it to the retailer for a refund or credit. If you cannot obtain a refund there, contact Microsoft or the Microsoft affiliate serving your country for information about Microsoftâ??s refund policies. See www.microsoft.com/worldwide. In the United States and Canada, call (800)
MICROSOFT or see www.microsoft.com/info/nareturns.htm.
As described below, using some features also operates as your consent to the transmission
of certain standard computer information for Internet-based services.
EVALUATION USE RIGHTS. If you acquired an evaluation version of the software then the
EVALUATION USE RIGHTS described in this section apply to your use of the software:
â?¢ You may use the software only to test, demonstrate, and internally evaluate it.
â?¢ You may not use the software in a live operating environment unless Microsoft permits you to do so
under another agreement.
â?¢ TIME SENSITIVE SOFTWARE. The software will stop running 180 days from the date that it is
activated. You may not be able to access data used with the software when it stops running.
â?¢ Sections 1-3, 5, 6, 11 â?? 19, 23, 27, and Limited Warranty do not apply. The remaining
sections below apply.
â?¢ DISCLAIMER OF WARRANTY. The software is licensed â??as-is.â?� You bear the risk of using it. Pg. 2
Microsoft gives no express warranties, guarantees or conditions. You may have additional consumer
rights under your local laws which this agreement cannot change. To the extent permitted under
your local laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular
purpose and non-infringement.
â?¢ Because this software is â??as is,â?� we may not provide support services for it.
â?¢ LIMITATION ON AND EXCLUSION OF REMEDIES AND 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
â?¢ anything related to the software, services, content (including code) on third party Internet sites,
or third party programs; and
â?¢ 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 country may not allow the
exclusion or limitation of incidental, consequential or other damages.
If you acquired a retail version of the software then the license terms described below apply
to you.
If you comply with these license terms, you have the rights below for each software license
you acquire.
1. OVERVIEW.
a. Software. The software includes
â?¢ server software; and
â?¢ additional software that may only be used with the server software directly, or indirectly
through other additional software.
b. License Model. The software is licensed based on
â?¢ the number of instances of server software that you run;
â?¢ the number of devices and users that access instances of server software; and
â?¢ the server software functionality accessed.
c. Licensing Terminology.
â?¢ Instance. You create an â??instanceâ?� of software by executing the softwareâ??s setup or install
procedure. You also create an instance of software by duplicating an existing instance.
References to software in this agreement include â??instancesâ?� of the software.
â?¢ Run an Instance. You â??run an instanceâ?� of software by loading it into memory and
executing one or more of its instructions. Once running, an instance is considered to be
running (whether or not its instructions continue to execute) until it is removed from
memory.
â?¢ Operating System Environment. An â??operating system environmentâ?� is
(i) all or part of an operating system instance, or all or part of a virtual (or otherwise
emulated) operating system instance which enables separate machine identity (primary
computer name or similar unique identifier) or separate administrative rights, and
(ii) instances of applications, if any, configured to run on the operating system instance or
parts identified above.
There are two types of operating system environments, physical and virtual. A physical
operating system environment is configured to run directly on a physical hardware system.
The operating system instance used to run hardware virtualization software (e.g. Microsoft
Virtual Server or similar technologies) or to provide hardware virtualization services (e.g.
Microsoft virtualization technology or similar technologies) is considered part of the physical
operating system environment. A virtual operating system environment is configured to run Pg. 3
on a virtual (or otherwise emulated) hardware system.
A physical hardware system can have either or both of the following:
(i) one physical operating system environment, and
(ii) one or more virtual operating system environments.
â?¢ Server. A server is a physical hardware system or device capable of running server software.
A hardware partition or blade is considered to be a separate physical hardware system.
â?¢ Assigning a License. To assign a license means simply to designate that license to one
device or user.
2. USE RIGHTS.
a. Assigning the License to the Server.
i. Before you run any instance of the server software under a software license, you must assign
that license to one of your servers. That server is the licensed server for that particular
license. You may assign other software licenses to the same server, but you may not assign
the same license to more than one server.
ii. You may reassign a software license, but not within 90 days of the last assignment. You may
reassign a software license sooner if you retire the licensed server due to permanent
hardware failure. If you reassign a license, the server to which you reassign the license
becomes the new licensed server for that license.
b. Running Instances of the Server Software. You may run, at any one time, one instance of
the server software in one physical operating system environment and one instance in one virtual
operating system environment on the licensed server.
If you run both permitted instances at the same time, the instance of the server software running
in the physical operating system environment may be used only to:
â?¢ run hardware virtualization software
â?¢ provide hardware virtualization services
â?¢ run software to manage and service operating system environments on the licensed server.
c. Running Instances of the Additional Software. You may run or otherwise use any number
of instances of additional software listed below in physical or virtual operating system
environments on any number of devices. You may use additional software only with the server
software directly, or indirectly through other additional software.
â?¢ AD Migration Tool
â?¢ FRS Monitoring Tools
â?¢ Remote Desktop Connection Client
â?¢ RSAT Client
â?¢ Server Migration Tool
d. Creating and Storing Instances on Your Servers or Storage Media. You have the
additional rights below for each software license you acquire.
â?¢ You may create any number of instances of the server software and additional software.
â?¢ You may store instances of the server software and additional software on any of your
servers or storage media.
â?¢ You may create and store instances of the server software and additional software solely to
exercise your right to run instances of the server software under any of your software
licenses as described above (e.g., you may not distribute instances to third parties).
e. Included Microsoft Programs. The software contains other Microsoft programs. These license
terms apply to your use of those programs.
3. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
a. Windows Server 2008 Client Access Licenses (CALs).
i. You must acquire and assign the appropriate CAL to each device or user that accesses your
instances of the server software directly or indirectly. A hardware partition or blade is
considered to be a separate device.
â?¢ You do not need CALs for any user or device that accesses your instances of the server Pg. 4
software only through the Internet without being authenticated or otherwise individually
identified by the server software or through any other means.
â?¢ You do not need CALs for any of your servers licensed to run instances of the server
software.
â?¢ You do not need CALs for up to two devices or users to access your instances of the
server software only to administer those instances.
â?¢ You do not need CALs for any instance running in a physical operating system
environment used solely to
â?¢ run hardware virtualization software
â?¢ provide hardware virtualization services
â?¢ run software to manage and service operating system environments on the licensed
server.
â?¢ Your CALs permit access to your instances of earlier versions, but not later versions, of
the server software. If you are accessing instances of an earlier version, you may also
use CALs corresponding to that version.
â?¢ You may use the Windows Small Business Server (SBS) 2008 CAL Suite or Windows SBS
2008 CAL Suite for Premium Users or Devices instead of Windows Server 2008 CALs to
access instances of the server software within an SBS 2008 domain.
â?¢ You may use the Windows Essential Business Server (EBS) 2008 CAL Suite or Windows
EBS 2008 CAL Suite for Premium Users or Devices instead of Windows Server 2008 CALs
to access instances of the server software within an EBS 2008 domain.
ii. Some server software functionality requires additional CALs, as listed below.
â?¢ Windows Server 2008 Remote Desktop Services: Windows Server 2008 Remote Desktop
Services CAL or Terminal Services CAL
â?¢ Windows Server 2008 Rights Management Services: Windows Server 2008 Rights
Management Services CAL
iii. Types of CALs. There are two types of CALs: one for devices and one for users. Each device
CAL permits one device, used by any user, to access instances of the server software on your
licensed servers. Each user CAL permits one user, using any device, to access instances of
the server software on your licensed servers. You may use a combination of device and user
CALs.
iv. Reassignment of CALs. You may
â?¢ permanently reassign your device CAL from one device to another, or your user CAL from
one user to another; or
â?¢ temporarily reassign your device CAL to a loaner device while the first device is out of
service, or your user CAL to a temporary worker while the user is absent.
v. Windows Server 2008 Remote Desktop Services. You must acquire a Windows Server
2008 Remote Desktop Services CAL or Windows Server 2008 Terminal Services CAL for each
user or device that directly or indirectly accesses the server software to host a graphical user
interface (using the Windows Server 2008 Remote Desktop Services functionality or other
technology).
vi. Windows Server 2008 Rights Management Services CALs. In addition to needing a
Windows Server 2008 CAL, you need a Windows Server 2008 Rights Management Services
CAL for each user or device that directly or indirectly accesses the Windows Server 2008
Rights Management Services functionality.
vii. The server software can be used in either â??per device or per userâ?� mode or â??per serverâ?�
mode. In â??per device or per userâ?� mode, you need a Windows Server 2008 CAL for each
device or user that directly or indirectly accesses instances of the server software on your
licensed servers. In â??per serverâ?� mode, you need and must dedicate exclusively to an
instance of the server software as many Windows Server 2008 CALs as the greatest number
of devices and users that may directly or indirectly access that instance at the same time. Pg. 5
You may change the mode only one time, from â??per serverâ?� to â??per device or per user.â?� If
you do, you will retain the same number Windows Server 2008 CALS.
b. Multiplexing. Hardware or software you use to
â?¢ pool connections,
â?¢ reroute information,
â?¢ reduce the number of devices or users that directly access or use the software,
â?¢ reduce the number of devices or users the software directly manages,
(sometimes referred to as â??multiplexingâ?� or â??poolingâ?�), does not reduce the number of licenses of
any type that you need.
c. Font Components. While the software is running, you may use its fonts to display and print
content. You may only
â?¢ embed fonts in content as permitted by the embedding restrictions in the fonts; and
â?¢ temporarily download them to a printer or other output device to print content.
d. Icons, images and sounds. While the software is running, you may use but not share its
icons, images, sounds, and media. The sample images, sounds and media provided with the
software are for your non-commercial use only.
e. No Separation of Server Software. You may not separate the server software for use in more
than one operating system environment under a single license, unless expressly permitted. This
applies even if the operating system environments are on the same physical hardware system.
f. Additional Functionality. Microsoft may provide additional functionality for the software. Other
license terms and fees may apply.
4. MANDATORY ACTIVATION. Activation associates the use of the software with a specific device.
During activation, the software will send information about the software and the device to Microsoft.
This information includes the version, language and product key of the software, the Internet
protocol address of the device, and information derived from the hardware configuration of the
device. For more information, see www.microsoft.com/piracy/mpa.aspx. By using the software, you
consent to the transmission of this information. If properly licensed, you have the right to use the
version of the software installed during the installation process up to the time permitted for
activation. Unless the software is activated, you have no right to use the software after
the time permitted for activation. This is to prevent its unlicensed use. You are not permitted
to bypass or circumvent activation. If the device is connected to the Internet, the software may
automatically connect to Microsoft for activation. You can also activate the software manually by
Internet or telephone. If you do so, Internet and telephone service charges may apply. Some
changes to your computer components or the software may require you to reactivate the software.
The software will remind you to activate it until you do.
5. VALIDATION.
a. The software will from time to time validate the software, update or require download of the
validation feature of the software. Validation verifies that the software has been activated and is
properly licensed. Validation also permits you to use certain features of the software or to obtain
additional benefits. For more information, see go.microsoft.com/fwlink/?linkid=39157.
b. During a validation check, the software will send information about the software and the device
to Microsoft. This information includes the version and product key of the software, and the
Internet protocol address of the device. Microsoft does not use the information to identify or
contact you. By using the software, you consent to the transmission of this information. For more
information about validation and what is sent during a validation check, see
go.microsoft.com/fwlink/?linkid=69500.
c. If, after a validation check, the software is found not to be properly licensed, the functionality of Pg. 6
the software may be affected. For example, you may
â?¢ need to reactivate the software, or
â?¢ receive reminders to obtain a properly licensed copy of the software,
or you may not be able to
â?¢ use or continue to use some of the features of the software, or
â?¢ obtain certain updates or upgrades from Microsoft.
d. You may only obtain updates or upgrades for the software from Microsoft or authorized sources.
For more information on obtaining updates from authorized sources see
go.microsoft.com/fwlink/?linkid=69502.
6. POTENTIALLY UNWANTED SOFTWARE. If turned on, Windows Defender will search your
computer for â??spyware,â?� â??adwareâ?� and other potentially unwanted software. If it finds potentially
unwanted software, the software will ask you if you want to ignore, disable (quarantine) or remove
it. Any potentially unwanted software rated â??highâ?� or â??severe,â?� will automatically be removed after
scanning unless you change the default setting. Removing or disabling potentially unwanted software
may result in
â?¢ other software on your computer ceasing to work, or
â?¢ your breaching a license to use other software on your computer.
By using this software, it is possible that you will also remove or disable software that is not
potentially unwanted software.
7. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software. It
may change or cancel them at any time.
a. Consent for Internet-Based Services. The software features described below and in the
Windows Server Privacy Highlights connect to Microsoft or service provider computer systems
over the Internet. In some cases, you will not receive a separate notice when they connect. You
may switch off these features or not use them. For more information about these features, go to
go.microsoft.com/fwlink/?linkid=101128. By using these features, you consent to the
transmission of this information. Microsoft does not use the information to identify or
contact you.
Computer Information. The following features use Internet protocols, which send to the
appropriate systems computer information, such as your Internet protocol address, the type of
operating system, browser and name and version of the software you are using, and the
language code of the device where you run the software. Microsoft uses this information to make
the Internet-based services available to you.
â?¢ Plug and Play and Plug and Play Extensions. You may connect new hardware to your device,
either directly or over a network. Your device may not have the drivers needed to
communicate with that hardware. If so, the update feature of the software can obtain the
correct driver from Microsoft and install it on your device. An administrator can disable this
update feature.
â?¢ Windows Update Feature. You may connect new hardware to the device where you run the
software. Your device may not have the drivers needed to communicate with that hardware.
If so, the update feature of the software can obtain the correct driver from Microsoft and run
it on your device. You can switch off this update feature.
â?¢ Web Content Features. Features in the software can retrieve related content from Microsoft
and provide it to you. To provide the content, these features send to Microsoft the type of
operating system, name and version of the software you are using, type of browser and
language code of the device where you run the software. Examples of these features are clip
art, templates, online training, online assistance and Appshelp. You may choose not to use
these web content features. Pg. 7
â?¢ Digital Certificates. The software uses digital certificates. These digital certificates confirm the
identity of Internet users sending X.509 standard encrypted information. They also can be
used to digitally sign files and macros, to verify the integrity and origin of the file contents.
The software retrieves certificates and updates certificate revocation lists. These security
features operate only when you use the Internet.
â?¢ Auto Root Update. The Auto Root Update feature updates the list of trusted certificate
authorities. You can switch off the Auto Root Update feature.
â?¢ Windows Media Digital Rights Management. Content owners use Windows Media digital
rights management technology (WMDRM) to protect their intellectual property, including
copyrights. This software and third party software use WMDRM to play and copy
WMDRM-protected content. If the software fails to protect the content, content owners may
ask Microsoft to revoke the softwareâ??s ability to use WMDRM to play or copy protected
content. Revocation does not affect other content. When you download licenses for protected
content, you agree that Microsoft may include a revocation list with the licenses. Content
owners may require you to upgrade WMDRM to access their content. Microsoft software that
includes WMDRM will ask for your consent prior to the upgrade. If you decline an upgrade,
you will not be able to access content that requires the upgrade. You may switch off WMDRM
features that access the Internet. When these features are off, you can still play content for
which you have a valid license.
â?¢ Windows Media Player. When you use Windows Media Player, it checks with Microsoft for
â?¢ compatible online music services in your region;
â?¢ new versions of the player; and
â?¢ codecs if your device does not have the correct ones for playing content.
You can switch off this last feature. For more information, go to
www.microsoft.com/windows/windowsmedia/player/11/privacy.aspx.
â?¢ Malicious Software Removal. During setup, if you select â??Get important updates for
installationâ?�, the software may check and remove certain malware from your device.
â??Malwareâ?� is malicious software. If the software runs, it will remove the Malware listed and
updated at www.support.microsoft.com/?kbid=890830. During a Malware check, a report will
be sent to Microsoft with specific information about Malware detected, errors, and other
information about your device. This information is used to improve the software and other
Microsoft products and services. No information included in these reports will be used to
identify or contact you. You may disable the softwareâ??s reporting functionality by following
the instructions found at www.support.microsoft.com/?kbid=890830. For more information,
read the Windows Malicious Software Removal Tool privacy statement at
go.microsoft.com/fwlink/?LinkId=113995.
â?¢ Network Awareness. This feature determines whether a system is connected to a network by
either passive monitoring of network traffic or active DNS or HTTP queries. The query only
transfers standard TCP/IP or DNS information for routing purposes. You can switch off the
active query feature through a registry setting.
â?¢ Windows Time Service. This service synchronizes with time.windows.com once a week to
provide your computer with the correct time. You can turn this feature off or choose your
preferred time source within the Date and Time Control Panel applet. The connection uses
standard NTP protocol.
â?¢ IPv6 Network Address Translation (NAT) Traversal service (Teredo). This feature helps
existing home Internet gateway devices transition to IPv6. IPv6 is a next generation Internet
protocol. It helps enable end-to-end connectivity often needed by peer-to-peer applications.
To do so, each time you start up the software the Teredo client service will attempt to locate
a public Teredo Internet service. It does so by sending a query over the Internet. This query
only transfers standard Domain Name Service information to determine if your computer is
connected to the Internet and can locate a public Teredo service. If you Pg. 8
â?¢ use an application that needs IPv6 connectivity or
â?¢ configure your firewall to always enable IPv6 connectivity
by default standard Internet Protocol information will be sent to the Teredo service at
Microsoft at regular intervals. No other information is sent to Microsoft. You can change this
default to use non-Microsoft servers. You can also switch off this feature using a command
line utility named â??netshâ?�.
â?¢ Windows Rights Management Services. The software contains a feature that allows you to
create content that cannot be printed, copied or sent to others without your permission. For
more information, go to www.microsoft.com/rms. You may choose not to use this feature.
â?¢ Accelerators. When you use click on or move your mouse over an Accelerator, the title and
full web address or URL of the current webpage, as well as standard computer information,
and any content you have selected, might be sent to the service provider. If you use an
Accelerator provided by Microsoft, the information sent is subject to the Microsoft Online
Privacy Statement, which is available at go.microsoft.com/fwlink/?linkid=31493. If you use an
Accelerator provided by a third party, use of the information sent will be subject to the third
partyâ??s privacy practices.
â?¢ Search Suggestions Service. When you type a search query in Internet Explorer by using the
Instant Search box or by typing a question mark (?) before your search term in the Address bar, you will see search suggestions as you type (if supported by your search provider). Everything you type in the Instant Search box or in the Address bar when preceded by a question mark (?) is sent to your search provider as you type it. In addition, when you press Enter or click the Search button, all the text that is in the search box or Address bar is sent to the search provider. If you use a Microsoft search provider, the information you send is subject to the Microsoft Online Privacy Statement, which is available at go.microsoft.com/fwlink/?linkid=31493. If you use a third-party search provider, use of the information sent will be subject to the third partyâ??s privacy practices. You can turn search suggestions off at any time in Internet Explorer by using Manage Add-ons under the Tools button. For more information about the search suggestions service, see
go.microsoft.com/fwlink/?linkid=128106.
b. Use of Information. Microsoft may use the computer information, Accelerator information, search suggestions information, and Malware reports to improve our software and services. We may also share it with others, such as hardware and software vendors. They may use the information to improve how their products run with Microsoft software.
c. Misuse of Internet-based Services. You may not use these services in any way that could harm them or impair anyone elseâ??s use of them. You may not use the services to try to gain unauthorized access to any service, data, account or network by any means.
8. DATA STORAGE TECHNOLOGY. The server software includes data storage technology called Windows Internal Database. Components of the server software use this technology to store data. You may not otherwise use or access this technology under this agreement.
9. MICROSOFT .NET BENCHMARK TESTING. The software includes one or more components of the .NET Framework (â??.NET Componentsâ?�). You may conduct internal benchmark testing of those components. You may disclose the results of any benchmark test of those components, provided that you comply with the conditions set forth at go.microsoft.com/fwlink/?LinkID=66406. Notwithstanding any other agreement you may have with Microsoft, if you disclose such benchmark test results, Microsoft shall have the right to disclose the results of benchmark tests it conducts of your products that compete with the applicable .NET Component, provided it complies with the same conditions set forth at go.microsoft.com/fwlink/?LinkID=66406.
10. SCOPE OF LICENSE. 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 Pg. 9
only allow you to use it in certain ways. For more information, see www.microsoft.com/licensing/userights. You may not
â?¢ work around any technical limitations in the software;
â?¢ reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
â?¢ use the softwareâ??s files and components within another operating system or application running on another operating system;
â?¢ make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
â?¢ publish the software for others to copy;
â?¢ rent, lease or lend the software; or
â?¢ use the software for commercial software hosting services.
Rights to access the software on any device do not give you any right to implement Microsoft patents
or other Microsoft intellectual property in software or devices that access that device.
11. ALTERNATIVE VERSIONS. The software may include more than one version, such as 32-bit and 64-bit. For each instance of the software that you are permitted to create, store and run, you may use either version.
12. BACKUP COPY. You may make one backup copy of the software media. You may use it only to create instances of the software.
13. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
14. NOT FOR RESALE SOFTWARE. You may not sell software marked as â??NFRâ?� or â??Not for Resale.â?�
15. ACADEMIC EDITION SOFTWARE. You must be a â??Qualified Educational Userâ?� to use software marked as â??Academic Editionâ?� or â??AE.â?� If you do not know whether you are a Qualified Educational
User, visit www.microsoft.com/education or contact the Microsoft affiliate serving your country.
16. DOWNGRADE. Instead of creating, storing, and using the software, for each permitted instance you may create, store, and use an earlier version. This agreement applies to your use of the earlier version. If the earlier version includes different components, any terms for those components in the agreement that comes with the earlier version apply to your use of them. Microsoft is not obligated to supply earlier versions to you. At any time, you may replace an earlier version with this version of the software.
17. UPGRADE. If this software is marked as an upgrade version, you may use it only if you have a license to use the software eligible for upgrade. If you upgrade, this software takes the place of the earlier version, and this agreement takes the place of the agreement for that earlier version. You may not continue to use the earlier version after you upgrade.
18. GENUINE PROOF OF LICENSE. If you acquired the software on a disc or other media, your proof of license is the genuine Microsoft product key that comes with the original Microsoft packaging, and your proof of purchase. Proof of purchase may be subject to verification by your merchantâ??s records.
19. TRANSFER TO A THIRD PARTY. The first user of the software may transfer it, this agreement, and CALs, directly to a third party. Before the transfer, that party must agree that this agreement applies to the transfer and use of the software. The transfer must include the software and the Proof of License label. The first user may not retain any instances of the software unless that user also retains another license for the software.
20. NOTICE ABOUT THE MPEG-4 VISUAL STANDARD. This software includes MPEG-4 visual decoding technology. This technology is a format for data compression of video information. MPEG
LA, L.L.C. requires this notice: Pg. 10
USE OF THIS PRODUCT IN ANY MANNER THAT COMPLIES WITH THE MPEG 4 VISUAL STANDARD IS PROHIBITED, EXCEPT FOR USE DIRECTLY RELATED TO (A) DATA OR INFORMATION (i) GENERATED BY AND OBTAINED WITHOUT CHARGE FROM A CONSUMER NOT THEREBY ENGAGED IN A BUSINESS ENTERPRISE, AND (ii) FOR PERSONAL USE ONLY; AND (B) OTHER USES SPECIFICALLY AND SEPARATELY LICENSED BY MPEG LA, L.L.C.
If you have questions about the MPEG-4 Visual Standard, please contact MPEG LA, L.L.C., 250 Steele
Street, Suite 300, Denver, Colorado 80206; www.mpegla.com.
21. NOTICE ABOUT THE VC-1 VISUAL STANDARD. This software may include VC-1 visual decoding
technology. MPEG LA, L.L.C. requires this notice:
THIS PRODUCT IS LICENSED UNDER THE VC-1 PATENT PORTFOLIO LICENSES FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (A) ENCODE VIDEO IN COMPLIANCE WITH THE VC-1 STANDARD (â??VC-1 VIDEOâ?�) OR (B) DECODE VC-1 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE VC-1 VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE.
If you have questions about the VC-1 Visual Standard, please contact MPEG LA, L.L.C., 250 Steele
Street, Suite 300, Denver, Colorado 80206; www.mpegla.com.
22. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations.
You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
23. SUPPORT SERVICES. Microsoft provides support services for the software as described at
www.support.microsoft.com/common/international.aspx.
24. ENTIRE AGREEMENT. This agreement (including the warranty below), 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.
25. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
26. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your state or country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so.
27. LIMITATION ON AND EXCLUSION OF DAMAGES. You can recover from Microsoft and its suppliers only direct damages up to the amount you paid for the software. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
This limitation applies to
â?¢ anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
â?¢ claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. Pg. 11
It also applies even if
â?¢ repair, replacement or a refund for the software does not fully compensate you for any losses; or
â?¢ Microsoft knew or should have known about the possibility of the damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. They also may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
***********************************************************************
LIMITED WARRANTY
A. LIMITED WARRANTY. If you follow the instructions, the software will perform substantially as described in the Microsoft materials that you receive in or with the software.
B. TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES.
The limited warranty covers the software for one year after acquired by the first user. If you receive supplements, updates, or replacement software during that year, they will be covered for the remainder of the warranty or 30 days, whichever is longer. If the first user transfers the software, the remainder of the warranty will apply to the recipient. To the extent permitted by law, any implied warranties, guarantees or conditions last only during the term of the limited warranty. Some states do not allow limitations on how long an implied warranty lasts, so these limitations may not apply to you. They also might not apply to you because some countries may not allow limitations on how long an implied warranty, guarantee or condition lasts.
C. EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your acts (or failures to act), the acts of others, or events beyond Microsoftâ??s reasonable control.
D. REMEDY FOR BREACH OF WARRANTY. Microsoft will repair or replace the software at no charge. If Microsoft cannot repair or replace it, Microsoft will refund the amount shown on your receipt for the software. It will also repair or replace supplements, updates and replacement software at no charge. If Microsoft cannot repair or replace them, it will refund the amount you paid for them, if any. You must uninstall the software and return any media and other associated materials to Microsoft with proof of purchase to obtain a refund. These are your only remedies for breach of the limited warranty.
E. CONSUMER RIGHTS NOT AFFECTED. You may have additional consumer rights under your local laws, which this agreement cannot change.
F. WARRANTY PROCEDURES. You need proof of purchase for warranty service.
1. United States and Canada. For warranty service or information about how to obtain a refund for software acquired in the United States and Canada, contact Microsoft at
â?¢ (800) MICROSOFT;
â?¢ Microsoft Customer Service and Support, One Microsoft Way, Redmond, WA 98052-6399; or
â?¢ visit www.microsoft.com/info/nareturns.htm.
2. Europe, Middle East and Africa. If you acquired the software in Europe, the Middle East or
Africa, Microsoft Ireland Operations Limited makes this limited warranty. To make a claim under this warranty, you should contact either
â?¢ Microsoft Ireland Operations Limited, Customer Care Centre, Atrium Building Block B,
Carmanhall Road, Sandyford Industrial Estate, Dublin 18, Ireland; or
â?¢ the Microsoft affiliate serving your country (see www.microsoft.com/worldwide).
3. Outside United States, Canada, Europe, Middle East and Africa. If you acquired the software outside the United States, Canada, Europe, the Middle East and Africa, contact the Microsoft affiliate serving your country (see www.microsoft.com/worldwide).
G. NO OTHER WARRANTIES. The limited warranty is the only direct warranty from Microsoft. Microsoft gives no other express warranties, guarantees or conditions. Where allowed by your local laws, Microsoft excludes implied warranties of merchantability, fitness for a particular purpose and non-infringement. If your local laws give you any implied warranties, guarantees or Pg. 12
conditions, despite this exclusion, your remedies are described in the Remedy for Breach of Warranty clause above, to the extent permitted by your local laws.
H. LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY. The
Limitation on and Exclusion of Damages clause above applies to breaches of this limited warranty. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. You may also have other rights which vary from country to country.
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