onecle

Business Contracts

Consumer Forms

Projects

Loading

printer-friendly

Sample Business Contracts

Free Customizable Licensing Forms


                     MICROSOFT SQL SERVER (TM) VERSION 7.0
                                   LICENSES: 1

 

 END-USER LICENSE AGREEMENT

 --------------------------------------------------------------------------------
SERVER LICENSE FOR MICROSOFT SERVER PRODUCTS

 IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement
between you (either an individual or a single entity) and Microsoft Corporation
for the Microsoft software product identified above, which includes computer software
and may include associated media, printed materials, and "online" or electronic
documentation ("SOFTWARE PRODUCT"). An amendment or addendum to this EULA may accompany
the SOFTWARE PRODUCT. BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PRODUCT,
YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS
OF THIS EULA, DO NOT INSTALL OR USE THE SOFTWARE PRODUCT; YOU MAY, HOWEVER, RETURN
IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND. 
--------------------------------------------------------------------------------

 The SOFTWARE PRODUCT is protected by copyright laws and international copyright
treaties, as well as other intellectual property laws and treaties. The SOFTWARE
PRODUCT is licensed, not sold.

 1.   GRANT OF LICENSE. This EULA grants you the following rights provided that
      you comply with all terms and conditions of this EULA:
 
      a.   Types of Software. The SOFTWARE PRODUCT contains some or all of the
           following types of software: "Server Software" that provides services
           or functionality on a computer acting as a server (and, the computer
           running the Server Software shall be referred to as the "Server"); and
           "Client Software" that allows a computer, workstation, terminal,
           handheld PC, pager, telephone, "smart phone," or other electronic
           device (each of the foregoing a "Device") to access or utilize the
           services or functionality provided by the Server Software. Several
           copies of the Server Software and the Connector Software (applicable
           to Microsoft Exchange Server only), each of which is compatible with
a
           different microprocessor architecture (such as the x86 architecture or
           various RISC architectures), may be provided.
 
      b.   Installation-Server Software. At any given time, you may install one
           copy of the Server Software for only one of those architectures on a
           single computer. Client Software. You may install the Client Software
           on any Device.
 
      C.   Use of the Server Software. You may use one copy of the Server
           Software on one Server. You must acquire a separate Client Access
           License for each unique Device which accesses or otherwise utilizes
           the services or functionality of the Server Software, whether you use
           the Client Software or any other software to do so, unless otherwise
           noted in Section 2 below. This is known as using the Server Software
           in "Per Seat Mode." However, you may elect to use the Server Software
           for Microsoft SQL Server, Windows NT Server (except as specified
           below), Site Server, Site Server Commerce Edition, or SNA Server (but
           not Microsoft Exchange Server, Windows NT Server, Terminal Server
           Edition, Systems Management Server, or BackOffice Server) in "Per
           Server Mode" as defined below. If you choose Per Seat Mode, your
           choice is permanent. You also need a Windows NT Workstation license to
           access or utilize certain services or functionality of Windows NT
           Server as described below.
 
      d.   Alternate Terms If You Elect to Use the Server Software In Per Server
           Mode. In Per Server Mode, the maximum number of Devices that may
           access or otherwise utilize the services or functionality of the
           Server Software at a given point in time is equal to the number of
           Client Access Licenses that you have acquired and designated for use
           exclusively with that Server. Devices to which a Client Access License
           has been designated may also access Server Software running in the Per
           Server Mode, provided the additional access is within that Server's
           maximum licensed capacity. You also have the right to change your use
           of the Server Software to Per Seat Mode, but then this choice is
           permanent. Consult the terms of your Client Access Licenses to
           determine your rights with respect to such Client Access Licenses in
           connection with such change.
 
      e.   Use of the Client Software. You may use the Client Software provided
           that you acquire Client Access Licenses as required in Paragraphs 1(c)
           and 1(d) above, and subject to any limitations set forth in Paragraph
           2.
 
      f.   Not for Resale Software. If the SOFTWARE PRODUCT is labeled "Not for
           Resale" or "NFR," then, notwithstanding Section 1 of this EULA, your
           use of the SOFTWARE PRODUCT is limited to use for demonstration, test,
           or evaluation purposes and you may not resell, or otherwise transfer
           for value, the SOFTWARE PRODUCT.
 
                                                                      (Continued)

 
      g.   Academic Edition Software. If the SOFTWARE PRODUCT is identified as
           "Academic Edition" or "AE," you must be a "Qualified Educational User"
           to use the SOFTWARE PRODUCT. If you are not a Qualified Educational
           User, you have no rights under this EULA. To determine whether you are
           a Qualified Educational User, please contact the Microsoft Sales
           Information Center/One Microsoft Way/Redmond, WA 98052-6399 or the
           Microsoft subsidiary serving your country.
 
      h.   License Pack. If this package is a License Pack, you may install and
           use additional copies of the Server Software and Connector Software,
           if any, up to the number of copies specified above as "Licensed
           Copies."
 
      i.   Installation on a Single Server. The SOFTWARE PRODUCT is licensed as
a
           single product. The Server Software components may not be separated
           for use on more than one Server, unless otherwise provided herein. By
           way of example, and not limitation, the foregoing restriction applies
           to the Microsoft BackOffice Server product suite.
 
      j.   No "Multiplexing" or "Pooling." Use of software or hardware that
           reduces the number of Devices directly accessing or utilizing the
           Server Software (sometimes called "multiplexing" or "pooling" software
           or hardware) does not reduce the number of Client Access Licenses
           required; the required number of Client Access Licenses would equal
           the number of distinct inputs to the multiplexing or pooling software
           or hardware "front end."
 
      k.   Additional Software. Any software provided to you by Microsoft which
           updates or supplements the original SOFTWARE PRODUCT is part of the
           SOFTWARE PRODUCT and is governed by this EULA, unless other terms of
           use are provided with such updates or supplements. Any software
           provided to you along with the SOFTWARE PRODUCT that is associated
           with a separate end-user license agreement is licensed to you under
           the terms of that license agreement, except if this EULA specifically
           sets forth the terms of use for such software then the terms set forth
           in this EULA shall apply.

 2.   DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
 
      a.   For all SOFTWARE PRODUCTS. Server Software Transfer. You may transfer
           the Server Software to another computer, provided that it is
           removed from the computer from which it is transferred. Rental. You
           may not rent, lease, or lend the SOFTWARE PRODUCT. Transfer to Third
           Party. The initial user of the SOFTWARE PRODUCT may make a one-time
           permanent transfer of this EULA and SOFTWARE PRODUCT only directly to
           an end user. This transfer must include all of the SOFTWARE PRODUCT
           (including all component parts, the media and printed materials, this
           EULA, and, if applicable, the Certificate of Authenticity). Such
           transfer may not be by way of consignment or any other indirect
           transfer. The transferee of such one-time transfer must agree to
           comply with the terms of this EULA, including the obligation not to
           further transfer this EULA and SOFTWARE PRODUCT. Notice to Users. You
           shall inform all users of the SOFTWARE PRODUCT of the terms and
           conditions of this EULA. Limitation on Reverse Engineering,
           Decompilation, and Disassembly. You may not reverse engineer,
           decompile, or disassemble the SOFTWARE PRODUCT, except and only to the
           extent that such activity is expressly permitted by applicable law
           notwithstanding this limitation. Performance or Benchmark Testing. You
           may not disclose the results of any benchmark test of either the
           Server Software or Client Software for Microsoft SQL Server, Microsoft
           Exchange Server, or Microsoft Proxy Server to any third party without
           Microsoft's prior written approval. Version Limitation. The Server
           Software contains a certain version number (such as version "3.5").
           This EULA permits you to install one copy of the Server Software with
           the same (or a lower) version number as the Server Software version
           number listed above on a single computer. If the SOFTWARE PRODUCT is
           Microsoft BackOffice Server product suite, this EULA also permits you
           to install one copy of a lower version of a Server Software component
           that is contained in such product suite. Termination. Without
           prejudice to any other rights, Microsoft may terminate this EULA if
           you fail to comply with the terms and conditions of this EULA. In such
           event, you must destroy all copies of the SOFTWARE PRODUCT and all of
           its component parts. Consent to Use of Data. With respect to technical
           information you provide to Microsoft as part of any (if any) support
           services related to the SOFTWARE PRODUCT ("Support Services"), you
           agree that Microsoft (and its affiliates and agents) may collect,
           process, and use such information for its business purposes, including
           for product support and development. Microsoft will not utilize such
           technical information in a form that personally identifies you.
 
      b.   For Microsoft Windows NT Server (all editions)-Processor Limitation.
           The Server Software may be used by no more than four (4) processors of
           the Server at any one time (support for a greater number of processors
           is available from authorized computer hardware vendors). Client
           Access. You need a Client Access License for Windows NT Server in
           order to access or otherwise utilize any of the following Windows NT
           Server basic network/application services, components, or
           functionality: File Services (accessing or managing files, or
           accessing or managing disk storage), Printing Services (printing to a
           printer managed by a Windows NT Server), Microsoft Message Queue
           Server (sending or receiving messages from Microsoft Message Queue
           Server), Microsoft Transaction Server (invoking component-based
           applications managed by Microsoft Transaction Server), Remote Access
           Service (accessing the server from a remote location through a
           communications link), and Terminal Server Functionality (as defined
           below). Note: Remote Access Service includes the use of Internet
           Connection Services, including Internet Authentication Services
           (validation or transference of a remote access request) or Connection
           Point Services (remotely configuring the Microsoft Connection Manager
           Client with new phone numbers or other data). You do not need a Client
           Access License for Windows NT Server to access or otherwise utilize
           any other Windows NT Server services or functionality. Note on
           Microsoft Windows for Workgroups or Windows 95 Software. The media on
           which Windows NT Server resides may contain a copy of Windows for
           Workgroups or Windows 95 software. In order to install or use this
           software, you must acquire a separate Windows for Workgroups or
           Windows 95 license. Note on Microsoft FrontPage Software. Windows NT
           Server contains Microsoft FrontPage software, which allows a single
           user to develop and maintain an Internet/intranet Web site. You may
           install and use one copy of Microsoft FrontPage on a single
           Device. Note on Microsoft Site Server Express. You may copy and
           distribute Microsoft Site Server Express on any Device within your
           organization.
 
           For Windows NT Server terminal server services and Windows NT Server,
           Terminal Server Edition. In addition to the Client Access License for
           Windows NT Server, you must also acquire a Windows NT Workstation
           license for each Device using "Terminal Server Functionality," which
           is defined as (a) third-party software that utilizes Windows NT Server
           to display or use Windows-based or Windows NT-based applications on a
           Device ("Third-Party Terminal Software"), and/or (b) the services of
           Windows NT Server, Terminal Server Edition which display or use
           Windows-based or Windows NT-based applications on a Device. Any Device
           running a validly licensed copy of Windows NT Workstation has the
           right to use Terminal Server Functionality. The Windows NT Workstation
           license must have the same version number as or a higher version
           number than the corresponding version number of Windows NT Server or
           Windows NT Server, Terminal Server Edition being used. "Multiplexing"
           or "pooling" software or hardware does not reduce the number of
           Windows NT Workstation 
 
           licenses required; the required number of Windows NT Workstation
           licenses would equal the number of distinct inputs to the multiplexing
           or pooling software or hardware "front end." When using Windows NT
           Server in conjunction with Third-Party Terminal Software, Windows NT
           Server may not be used in Per Server Mode. You also may need
           additional licenses in order to use other software products that are
           installed on the Server and are utilizing Terminal Server
           Functionality-please consult the license agreement accompanying any
           such software.
 
      c.   For Microsoft Windows NT Server, Enterprise Edition--Processor
           Limitation. The Server Software may be used by no more than eight (8)
           processors of the Server at any one time (support for a greater number
           of processors is available from authorized computer hardware vendors).
           SQL Server Feature. Windows NT Server, Enterprise Edition may install
           an additional feature which is a restricted version of Microsoft SQL
           Server. If such feature is installed, you may use it solely in support
           of the Microsoft Message Queue Server directory functions. However,
           you may not use such restricted SQL Server feature for any other
           purpose.
 
      d.   For Microsoft SQL Server, Enterprise Edition and Microsoft Exchange
           Server, Enterprise Edition-Note Regarding Use in a Clustered
           Environment. If you are using the Server Software in a clustered
           environment and the Server on which the Server Software is installed
           fails over to one other computer in the cluster ("Fail-Over
           Computer"), you may use the Server Software on such Fail-Over Computer
           provided that you: (i) have acquired a separate licensed copy of the
           Server Software for such Fail-Over Computer, and (ii) use the Server
           Software on the Fail-Over Computer only for so long as the Server on
           which the Server Software is installed has failed over to such Fail-
           Over Computer. At any point in time, however, the Server Software may
           be used only on one computer.
 
      e.   For Microsoft SQL Server (all editions)--Client Access. You do not
           need a Client Access License in order for a Microsoft SQL Server or
           Microsoft SQL Server, Enterprise Edition to solely interact with
           another Microsoft SQL Server or Microsoft SQL Server, Enterprise
           Edition. Note Regarding Interaction between Microsoft SQL Server and
           Microsoft Data Engine ("MSDE"). If you use MSDE to access or use the
           services of Microsoft SQL Server (for example, replication, data
           transformation or heterogeneous query services), you must use
           Microsoft SQL Server in Per Seat Mode (that is, each unique Device
           accessing SQL Server must have a Client Access License dedicated to
           it) Note Regarding Use of SQL Server Desktop. You may only install and
           use the SQL Server Desktop component of Microsoft SQL Server on each
           Device to which a valid Client Access License for the Server Software
           has been dedicated. If you use SQL Server Desktop to access or use the
           services of any version of Microsoft SQL Server (for example,
           replication, data transformation, or heterogeneous query services),
           you must use such Microsoft SQL Server in Per Seat Mode. Note
           Regarding Use of SQL Server Tools. You may only use the Management
           Tools, Books-Online, and Development Tools components of Microsoft SQL
           Server (collectively "Tools") on each Device for which you have a
           valid Client Access License for the Server Software. Note Regarding
           the Use of Redistributable Components. You may reproduce and
           distribute the files listed in the REDIST.TXT file (collectively
           referred to as "Redistributable Components") provided that you comply
           with the Distribution Terms listed in such REDIST.TXT file.
 
      f.   For Microsoft Exchange Server (all editions)--Connector Software. If
           applicable, at any given time, you may install and use on one Server
           only one copy of the Connector Software for one of the provided
           architectures. If you choose to make the Connector Software a usable
           feature, you must also acquire a separate license or licenses (whether
           as part of the license for Microsoft Exchange Server or as a separate
           license for the Connector Software) to install and use the Connector
           Software on every other Microsoft Exchange Server in the same
           "Microsoft Exchange Organization." A "Microsoft Exchange Organization"
           is the group of all Microsoft Exchange Servers with the same
           organization name specified during the Microsoft Exchange Server
           installation process for the express purpose of connecting the
           servers. Client Software. Microsoft Outlook is part of the Microsoft
           Client Software for Microsoft Exchange Server. You may use Microsoft
           Outlook to access or utilize the services of any version of Microsoft
           Exchange Server provided that you have acquired the necessary Client
           Access Licenses to do so. You may also use one copy of Microsoft
           Outlook on a stand-alone basis on each Device for which you have a
           valid Client Access License for any version of Microsoft Exchange
           Server. You do not have any other right to use Microsoft Outlook.
           Client Access. Each Client Access License for Microsoft Exchange
           Server may also be used for any other Device that you use less than
           twenty percent (20%) of your total connection time. The term "total
           connection time" means the total amount of time that you use Microsoft
           Client Software (other than the Client Software component of the chat
           service) to access and otherwise use Microsoft Exchange Server from a
           Device. You do not need a Client Access License for Microsoft Exchange
           Server for anonymous access to Microsoft Exchange Server services.
           Anonymous access occurs when a Device accesses information held in a
           Microsoft Exchange Server without having a mailbox or custom recipient
           object which identifies it, and consequently, is not validated by a
           Windows NT Server domain ID. Note Regarding the Use of the Sample
           Applications. Microsoft grants you the nonexclusive right to use and
           modify the source code version of the files designated as Sample
           Applications ("Sample Applications") and to reproduce and distribute
           the object code versions of such modifications in conjunction with
           your application that utilizes the services of Microsoft Exchange
           Server ("Application"). You are granted the foregoing distribution
           rights provided that you comply with the Distribution Requirements
           listed below. Note an Outlook Web Access Software. You may customize,
           reproduce and distribute the Outlook Web Access software ("OWA
           Software") provided that (a) if you distribute the OWA Software you
           comply with subsections (ii) - (v) in Paragraph g below (substituting
           "OWA Software" in place of "Application" and "Redistributables"); and
           (b) if you use the OWA Software internally and customize it or
           incorporate it into any other software, you comply with subsection (v)
           in Paragraph g below (similarly revised). Note on Source Extractor,
           Administrator, and Microsoft Mail Connector. You may install and use
           the Source Extractor, Administrator, and Microsoft Mail Connector
           components on additional computers. Microsoft also grants you the
           right to modify the source code version of the Source Extractor. The
           Source Extractor may only be used to migrate data to Microsoft
           Exchange Server.
 
      g.   Distribution Requirements for Microsoft Exchange Server Sample
           Applications. If you distribute object code versions of the Sample
           Applications (collectively "Redistributables") as provided above, you
           agree to: (i) distribute the Redistributables only in conjunction with
           and as a part of your Application; (ii) not use Microsoft's name,
           logo, or trademarks to market your Application; (iii) include a valid
           copyright notice in your Application; (iv) include an end-user license
           agreement with your Application that grants a limited license to use
           the Redistributables and otherwise protects Microsoft's and its
           suppliers' intellectual property rights in the Redistributables; and
           (v) indemnify, hold harmless, and defend Microsoft and its suppliers
           from and against any claims or lawsuits, including attorneys' fees,
           that arise or result from the use or distribution of your Application.
           You shall display any patent or proprietary rights notices on each
           copy of your Application(s) that contains executables, if and as
           required in the documentation or other materials provided with the
           Sample Applications, or subsequently provided to you by Microsoft.
 
                                                                      (Continued)

 
      h.   For Microsoft Proxy Server--Client Access. You do not need a Client
           Access License to access or otherwise utilize the services or
           functionality of Microsoft Proxy Server.
 
      i.   For Microsoft SNA Server--Client Access. You do not need a Client
           Access License for Microsoft SNA Server in order to access or utilize
           the following SNA Server services solely as server-based processes:
           AFTP Client and Server, FTP-AFTP Gateway Service, VSAM File Transfer
           Utility, Shared Folders Gateway Service, Host Print Service, OLE DB
           Provider for AS/400 and VSAM, COM Transaction Integrator for CICS and
           IMS, Host Security Integration Services, and NetView Integration
           Services. You also do not need a Client Access License if you are
           accessing or utilizing the services of Microsoft SNA Server solely as
           necessary to run Microsoft Host Data Replicator on the same Server as
           the SNA Server. Client Software. The SNA Server 3270 and 5250 terminal
           emulation applets ("Applets") and the ODBC Driver for DB2 components
           of the Client Software may be used by only one user per licensed copy
           of the Server Software. Licenses for additional users must be acquired
           separately. Additionally, the Applets may only be used to access or
           otherwise utilize the services of Microsoft SNA Server. Note Regarding
           Use of Host Security Integration Feature. You may install and use the
           software identified as "Windows NT Account Synchronization Service"
           and "Host Account Cache" on any computer running a validly licensed
           copy of Windows NT Server within your organization. Additional Rights
           for Development. You may also install and use copies of the OLE DB
           Provider for AS/400 and VSAM ("OLE DB Provider") and/or the COM
           Transaction Integrator for CICS and IMS ("COM Transaction Integrator")
           and/or the Software Development Kit, if included, (collectively
           "Development Software") on one or more computers located at your
           premises solely for the purpose of developing applications that work
           in conjunction with the Microsoft SNA Server ("Applications"). You may
           use and modify the source code designated as "Sample Code" in the
           SAMPLES.TXT file for the sole purposes of designing, developing, and
           testing your Applications. You may also reproduce and distribute the
           Sample Code, along with any modifications you make thereto, provided
           that you comply with the Distribution Requirements described in the
           REDIST.TXT file. For purposes of this section, "modifications" shall
           mean enhancements to the functionality of the Sample Code. Portions of
           SNA Server are also designated as "Redistributable Code." The text
           file named REDIST.TXT contains a list of such files, as well as the
           distribution rights associated with the Redistributable Code.
 
      j.   For Microsoft Systems Management Server--Client Access. You do not
           need a Client Access License in order to solely execute Systems
           Management Server-to-Systems Management Server communications which
           are solely managing a third Device. You also do not need to acquire a
           Client Access License for Microsoft SQL Server to use the
           administration console or utilities provided with Systems Management
           Server to access or otherwise utilize the services of Microsoft SQL
           Server. Client Software. You may install and use the Installer
           component of the Client Software ("SMS Installer") only on Devices
           within your organization and only for the purpose of creating
           installation programs through the use of SMS Installer ("Setup
           Programs"). You may also use and modify the source code designated as
           "Sample Code" in the SAMPLES.TXT file for the sole purposes of
           designing, developing, and testing your Setup Programs. You may also
           install and use in object code form the Redistributable Components (as
           defined below), along with any modifications you may make to the
           Sample Code, only on Devices within your organization for a purpose
           other than creation of Setup Programs, provided that you: (i)
           reproduce and use the Redistributable Components only in conjunction
           with or as part of a Setup Program; (ii) have a valid Client Access
           License for any version of Microsoft Systems Management Server for
           each Device that uses the Redistributable Components; and (iii)
           indemnify, hold harmless, and defend Microsoft and its suppliers from
           and against any claims or lawsuits, including attorneys' fees, that
           arise or result from the use of your Setup Program or any software
           installed by your Setup Program. You do not have any other right to
           install or use SMS Installer. Note Regarding Metering Services and
           Client Access Points Features. You may install and use the Metering
           Services and Client Access Points components of the Server Software on
           any computer running a validly licensed copy of Windows NT Server
           within your organization. Note Regarding Use of the Redistributable
           Components. You may reproduce and distribute the files listed in the
           REDIST.TXT file (collectively referred to as "Redistributable
           Components"), along with any modifications you may make to the Sample
           Code, provided that you comply with the Distribution Terms listed in
           such REDIST.TXT file. Note that the Distribution Terms include, among
           other conditions, terms similar to those described in subsections
           (i) - (iii) of the Client Software note above.
 
      k.   For Microsoft Site Server (all editions). You may use one copy of the
           Server Software to support a single "domain" on a single Server. For
           the purposes of this EULA, "domain" shall mean the description of a
           computer's location on the Internet. An Internet domain is comprised
           of a second-level domain name (e.g., microsoft) and a top-level domain
           name (e.g., com). For example, http://www.microsoft.com/ and
           http://www.microsoft.com/products/ are part of a single domain, while
           http://www.microsoft.com/ and http://www.msn.com/ are not. The single
           domain restriction shall not apply to intranet usage of the Server
           Software within and for a single organization. Content Deployment
           Software. You may install and use one copy of Content Deployment
           software included in the Server Software on a single computer for
           staging and on a second computer for production, provided that at
           least one of such computers is running a licensed copy of the Server
           Software. Client Access. You do not need a Client Access License in
           order to solely execute Site Server-to-Site Server communications. Per
           Server Mode. When a Device "visits" a Server, it is deemed to be
           accessing, utilizing, and/or simultaneously connecting to the Server
           Software. For purposes of the previous sentence, a "visit" means a
           series of one or more requests from a Device to a Server. A visit ends
           when such Device does not make any additional requests of the Server
           Software for a period of time that exceeds the default setting for a
           visit, as described in the Site Server documentation. A "request"
           means a hit that successfully retrieves content. Commercial Use. Site
           Server is licensed for your use and you may not use Site Server to
           provide Commercial Services to third parties. Each of the following is
           a "Commercial Service": (a) a product or service that uses one or more
           services of Site Server and alleviates any third party from the
           obligation to obtain a separate license to Site Server for his, her,
           or itself; and (b) a product or service that uses Site Server as part
           of an Internet access and/or carriage service for any third party.
           Examples of Commercial Services include, but are not limited to, the
           following: (a) hosting of Internet, Extranet, or Intranet sites on
           behalf of any third party, whether or not the sites are registered as
           separate domains; (b) hosting of applications that use the services of
           Site Server on behalf of any third party; or (c) hosting of commerce
           or other services of Site Server on behalf of any third party.
           Software Development Kits ("SDK Software"). You may install and use
           copies of the SDK Software on one or more computers located at your
           premises solely for the purpose of building applications that work in
           conjunction with Microsoft Site Server ("Applications"). You may
           modify the Sample Code to design, develop, and test your Applications,
           and may reproduce and use the Sample Code, as modified, on one or more
           computers located at your premises. For the purposes of this section,
           "Sample Code" shall mean the sample source, HTML, and Active Server
           Page (ASP) code located in Site Server's "SDK" and "samples"
           directories. You may also reproduce and distribute the Sample Code,
           along with any 
 
           modifications you make thereto, provided that you comply with the
           Distribution Requirements described in the REDIST.TXT file. For
           purposes of this section, "modifications" shall mean enhancements to
           the functionality of the Sample Code.
 
      3.   UPGRADES. If the SOFTWARE PRODUCT is labeled as an upgrade, you must
           be properly licensed to use a product identified by Microsoft as being
           eligible for the upgrade in order to use the SOFTWARE PRODUCT. Except
           if you have acquired a direct Upgrade from Microsoft BackOffice Small
           Business Server ("Small Business Server") as specified below, a
           SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements
           (and may disable) the product that formed the basis for your
           eligibility for the upgrade, and following the upgrade you may use the
           resulting SOFTWARE PRODUCT only in accordance with the terms of this
           EULA. Upgrades of a Component of Microsoft BackOffice Server Product
           Suite. If the SOFTWARE PRODUCT is an Enterprise Edition or a Commerce
           Edition which upgrades a component of Microsoft BackOffice Server
           product suite then, effective upon your installation of the SOFTWARE
           PRODUCT, the SOFTWARE PRODUCT replaces the component being upgraded
           and you may use the SOFTWARE PRODUCT as a stand-alone product in
           accordance with the terms of this EULA. The remaining components of
           Microsoft BackOffice Server product suite may be used only in
           accordance with the terms of the Microsoft End-User License Agreement
           that accompanied the original product suite. Upgrades of Microsoft
           BackOffice Small Business Server. If you have acquired the SOFTWARE
           PRODUCT as an upgrade from Small Business Server, including if you
           have acquired the SOFTWARE PRODUCT as an indirect upgrade from Small
           Business Server (for example, if you upgraded from Small Business
           Server to a full use Microsoft SQL Server and then upgraded such
           Microsoft SQL Server to Microsoft BackOffice Server product suite
           ("BackOffice Server"), you may use the SOFTWARE PRODUCT in accordance
           with the terms of this EULA; provided that: (a) you may install and
           use the SOFTWARE PRODUCT only on the same computer as the Small
           Business Server is installed; (b) if you transfer the Small Business
           Server to another computer or to a third party in accordance with the
           terms of the End-User License Agreement for the Small Business Server
           ("SBS EULA"), you must also transfer the SOFTWARE PRODUCT; and (c)
           subsequent to the upgrade, the Small Business Server may be used in
           accordance with the terms of the SBS EULA, except as provided below
           with respect to its fax and modem pooling server software components
           ("Fax and Modem Software"). If the SOFTWARE PRODUCT you acquired as an
           upgrade from Small Business Server is either (a) Microsoft Windows NT
           Server or (b) BackOffice Server, then the Fax and Modem Software is no
           longer subject to the connection limitation in the SBS EULA and you do
           not need to acquire a Client Access License for Small Business Server
           for each Device that accesses or utilizes the Fax and Modem Software.
 
      4.   INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property
           rights in and to the SOFTWARE PRODUCT (including but not limited to
           any images, photographs, animations, video, audio, music, text, and
           "applets" incorporated into the SOFTWARE PRODUCT), and any copies you
           are permitted to make herein are owned by Microsoft or its suppliers.
           All title and intellectual property rights in and to the content which
           may be accessed through use of the SOFTWARE PRODUCT is the property of
           the respective content owner and may be protected by applicable
           copyright or other intellectual property laws and treaties. This EULA
           grants you no rights to use such content. If this SOFTWARE PRODUCT
           contains documentation which is provided only in electronic form, you
           may print one copy of such electronic documentation. You may not copy
           the printed materials accompanying the SOFTWARE PRODUCT. All rights
           not expressly granted are reserved by Microsoft.
 
      5.   REINSTALLATION COPY. After installation of one copy of the SOFTWARE
           PRODUCT pursuant to this EULA, you may keep the original media on
           which the SOFTWARE PRODUCT was provided by Microsoft solely for
           archival purposes or reinstallation of the SOFTWARE PRODUCT on the
           same computer as the SOFTWARE PRODUCT was previously installed.
 
      6.   DUAL-MEDIA SOFTWARE. You may receive the SOFTWARE PRODUCT in more than
           one medium. Regardless of the type or size of medium you receive, you
           may use only one medium that is appropriate for your single computer.
           You may not use the other medium for another computer. You may not
           loan, rent, lease, or otherwise transfer the other medium to another
           user, except as part of the permanent transfer (as provided above) of
           the SOFTWARE PRODUCT.
 
      7.   EXPORT RESTRICTIONS.
 
           Non-Exportable Encryption. If the SOFTWARE PRODUCT is any edition of
           Microsoft Windows NT Server, Exchange Server, Site Server, or
           BackOffice Server (except if such SOFTWARE PRODUCT is labeled "Not For
           Resale" or "NFR"), the following terms apply: The SOFTWARE PRODUCT is
           intended for distribution only in the United States (including Puerto
           Rico, Guam, and all other territories, dependencies, and possessions
           of the United States) and Canada. Export of the SOFTWARE PRODUCT from
           the United States is regulated under "El controls" of the Export
           Administration Regulations (EAR, 15 CFR 730-744) of the U.S. Commerce
           Department, Bureau of Export Administration (BXA). A license is
           required to export the SOFTWARE PRODUCT outside the United States or
           Canada. You agree that you will not directly or indirectly export or
           re-export the SOFTWARE PRODUCT (or portions thereof) to any country,
           other than Canada, or to any person or entity subject to U.S. export
           restrictions without first obtaining a Commerce Department export
           license. You warrant and represent that neither the BXA nor any other
           U.S. federal agency has suspended, revoked, or denied your export
           privileges.
 
           Exportable Encryption. If the SOFTWARE PRODUCT is any edition
           Microsoft SQL Server, Proxy Server, SNA Server, or Systems Management
           Server, or any edition of Microsoft Windows NT Server, Exchange
           Server, Site Server, or BackOffice Server that is labeled "Not For
           Resale" or "NFR," the following terms apply: You agree that you will
           not export or re-export the SOFTWARE PRODUCT, any part thereof, or any
           process or service that is the direct product of the SOFTWARE PRODUCT
           (the foregoing collectively referred to as the "Restricted
           Components"), to any country, person, or entity subject to U.S. export
           restrictions. You specifically agree not to export or re-export any of
           the Restricted Components (i) to any country to which the U.S. has
           embargoed or restricted the export of goods or services, which
           currently include, but are not necessarily limited to Cuba, Iran,
           Iraq, Libya, North Korea, Sudan, and Syria, or to any national of any
           such country, wherever located, who intends to transmit or transport
           the Restricted Components back to such country; (ii) to any person or
           entity who you know or have reason to know will utilize the Restricted
           Components in the design, development, or production of nuclear,
           chemical, or biological weapons; or (iii) to any person or entity who
           has been prohibited from participating in U.S. export transactions by
           any federal agency of the U.S. government. You warrant and represent
           that neither the BXA nor any other U.S. federal agency has suspended,
           revoked or denied your export privileges. 

 --------------------------------------------------------------------------------
      8.   LIMITED WARRANTY. Microsoft warrants that the SOFTWARE PRODUCT will
           perform substantially in accordance with the accompanying written
           materials for a period of ninety (90) days from the date of receipt.
 
           If an implied warranty or condition is created by your
           state/jurisdiction and federal or state/provincial law prohibits
           disclaimer of it, you also have an implied warranty or condition, BUT
           ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED
           WARRANTY (NINETY [90] DAYS). AS TO ANY DEFECTS DISCOVER AFTER THE
           NINETY (90)-DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND.
           Some states/jurisdictions do not allow limitations on how long an
           implied warranty or condition lasts, so the above limitation may not
           apply to you.
 
           Any supplements or updates to the SOFTWARE PRODUCT, including without
           limitation, any (if any) service pack or hot fixes provided to you
           after the expiration of the ninety (90)-day Limited Warranty period
           are not covered by any warranty or condition, express or implied.
 
           LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your
           exclusive remedy for any breach of this Limited Warranty is as set
           forth below. Except for any refund elected by Microsoft, YOU ARE NOT
           ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL
           DAMAGES, if the SOFTWARE PRODUCT does not meet Microsoft's Limited
           Warranty, and, to the maximum extent allowed by applicable law, even
           if any remedy fails of its essential purpose. The terms of Paragraph
           10 below ("Exclusion of Incidental, Consequential, and Certain Other
           Damages") are also incorporated into this Limited Warranty. Some
           states/jurisdictions do not allow the exclusion or limitation of
           incidental or consequential damages, so the above limitation or
           exclusion may not apply to you. This Limited Warranty gives you
           specific legal rights. You may have others which vary from
           state/jurisdiction to state/jurisdiction. YOUR EXCLUSIVE REMEDY.
           Microsoft's and its suppliers' entire liability and your exclusive
           remedy shall be, at Microsoft's option from time to time, (a) return
           of the price paid (if any) for, or (b) repair or replacement of, the
           SOFTWARE PRODUCT that does not meet this Limited Warranty and that is
           returned to Microsoft with a copy of your receipt. You will receive
           the remedy elected by Microsoft without charge, except that you are
           responsible for any expenses you may incur (e.g., cost of shipping the
           SOFTWARE PRODUCT to Microsoft). This Limited Warranty is void if
           failure of the SOFTWARE PRODUCT has resulted from accident, abuse,
           misapplication, abnormal use, or a virus. Any replacement SOFTWARE
           PRODUCT will be warranted for the remainder of the original warranty
           period or thirty (30) days, whichever is longer. Outside the United
           States or Canada, neither these remedies nor any product support
           services offered by Microsoft are available without proof of purchase
           from an authorized international source. To exercise your remedy,
           contact: Microsoft, Attn. Microsoft Sales Information Center, at the
           address specified in Paragraph 16 below.
 
      9.   DISCLAIMER OF WARRANTIES. The Limited Warranty that appears above is
           the only express warranty made to you and is provided in lieu of any
           other express warranties (if any) created by any documentation or
           packaging. Except for the Limited Warranty and to the maximum extent
           permitted by applicable law, Microsoft and its suppliers provide the
           SOFTWARE PRODUCT and Support Services (if any) AS IS AND WITH ALL
           FAULTS and hereby disclaim all other warranties and conditions, either
           express, implied, or statutory, including, but not limited to, any (if
           any) implied warranties or conditions of merchantability, of fitness
           for a particular purpose, of lack of viruses, of accuracy or
           completeness of responses, of results, and of lack of negligence or
           lack of workmanlike effort, all with regard to the SOFTWARE PRODUCT,
           and the provision of or failure to provide Support Services. ALSO,
           THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET
           POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH
           REGARD TO THE SOFTWARE PRODUCT.
 
      10.  EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, AND CERTAIN OTHER DAMAGES. To
           the maximum extent permitted by applicable law, in no event shall
           Microsoft or its suppliers be liable for any special, incidental,
           indirect, or consequential damages whatsoever (including, but not
           limited to, damages for loss of profits or confidential or other
           information, for business interruption, for personal injury, for loss
           of privacy, for failure to meet any duty including of good faith or of
           reasonable care, for negligence, and for any other pecuniary or other
           loss whatsoever) arising out of or in any way related to the use of or
           inability to use the SOFTWARE PRODUCT, the provision of or failure to
           provide Support Services, or otherwise under or in connection with any
           provision of this EULA, even if Microsoft or any supplier has been
           advised of the possibility of such damages.
 
      11.  LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that
           you might incur for any reason whatsoever (including, without
           limitation, all damages referenced above and all direct or general
           damages), the entire liability of Microsoft and any of its suppliers
           under any provision of this EULA and your exclusive remedy for all of
           the foregoing (except for any remedy of repair or replacement elected
           by Microsoft with respect to any breach of the Limited Warranty) shall
           be limited to the greater of the amount actually paid by you for the
           SOFTWARE PRODUCT or U.S.$5.00. The foregoing limitations, exclusions,
           and disclaimers (including Sections 9, 10 and 11 above) shall apply to
           the maximum extent permitted by applicable law, even if any remedy
           falls its essential purpose.
 
      12.  NOTE ON JAVA SUPPORT. THE SOFTWARE PRODUCT MAY CONTAIN SUPPORT FOR
           PROGRAMS WRITTEN IN JAVA. JAVA TECHNOLOGY IS NOT FAULT TOLERANT AND IS
           NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR RESALE AS ONLINE
           CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE
           PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT
           NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE
           SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF JAVA
           TECHNOLOGY COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE
           PHYSICAL OR ENVIRONMENTAL DAMAGE.
 
      13.  U.S. GOVERNMENT RIGHTS. All SOFTWARE PRODUCT provided to the U.S.
           Government pursuant to solicitations issued on or after December 1,
           1995 is provided with the commercial rights and restrictions described
           elsewhere herein. All SOFTWARE PRODUCT provided to the U.S. Government
           pursuant to solicitations issued prior to December 1, 1995 is provided
           with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE
           1987) or FAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
 
      14.  APPLICABLE LAW. If you acquired this SOFTWARE PRODUCT in the United
           States, this EULA is governed by the laws of the State of Washington.
           If you acquired this SOFTWARE PRODUCT in Canada, unless expressly
           prohibited by local law, this EULA is governed by the laws in force in
           the Province of Ontario, Canada; and, in respect of any dispute which
           may arise hereunder, you consent to the jurisdiction of the federal
           and provincial courts sitting in Toronto, Ontario. If this SOFTWARE
           PRODUCT was acquired outside the United States, then local law may
           apply. 

Sponsored Links