MICROSOFT SOFTWARE LICENSE TERMS FOR A VIRTUAL HARD DISK IMAGE OF EVALUATION COPIES OF THE FOLLOWING MICROSOFT PRODUCTS:
· MICROSOFT WINDOWS SERVER 2008, STANDARD AND ENTERPRISE
· MICROSOFT WINDOWS SERVER 2008 R2, STANDARD AND ENTERPRISE
· MICROSOFT WINDOWS WEB SERVER 2008 R2
· MICROSOFT EXCHANGE SERVER 2007 WITH SERVICE PACK 1, ENTERPRISE EDITION
· MICROSOFT EXCHANGE SERVER 2010, STANDARD AND ENTERPRISE
· MICROSOFT SYSTEM CENTER VIRTUAL MACHINE MANAGER 2008 R2
· MICROSOFT OFFICE COMMUNICATIONS SERVER 2007 R2
· MICROSOFT OFFICE COMMUNICATOR SERVER 2007 R2
· MICROSOFT OFFICE COMMUNICATOR 2007 R2
· MICROSOFT OFFICE PROFESSIONAL 2010 (BETA)
· MICROSOFT OFFICE 2010 BETA
· MICROSOFT SHAREPOINT SERVER 2010 ENTERPRISE EDITION (BETA 2)
· MICROSOFT VISUAL STUDIO TEAM SYSTEM 2010 TEAM FOUNDATION SERVER PRE-RELEASE
· MICROSOFT VISUAL STUDIO 2010 PRODUCT FAMILY PRE-RELEASE
· MICROSOFT PROJECT SERVER 2010 (BETA 2)
· MICROSOFT SQL SERVER 2008 ENTERPRISE EDITION (Retail version)
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 including documentation, sample applications, utilities,
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE.
AS DESCRIBED BELOW, USING SOME FEATURES ALSO OPERATES AS YOUR CONSENT TO THE TRANSMISSION OF CERTAIN STANDARD COMPUTER INFORMATION FOR INTERNET-BASED SERVICES.
YOUR RIGHT TO USE THE SOFTWARE IS LIMITED TO A SPECIFIED PERIOD OF TIME. PLEASE REFER TO SECTION 3 FOR DETAILS.
· Supersede Other Terms. The terms of this license supersede the terms of any Microsoft software license term agreement that you may encounter in this software, even if installation of the software requires “acceptance” of a separate license term agreement.
· Installation. You may install and use the software on your device of which you are running any virtualization software able to run Virtual Hard Disk (VHD) formats, including Microsoft Windows Server 2008 Hyper-V.
· Limited Use Rights. You may use the software in the virtual hard disk image only to demonstrate and internally evaluate it. You may not use the software in a live operating environment.
· No Separation. The Microsoft software in the virtual hard disk image is licensed as a single piece of software. You may not separate the Microsoft software component parts or any third party software component parts included in the software for use on more than one device or in more than one operating system environment.
· Font Components. While the software is running, you may use its fonts to display and print content. You may only embed fonts in content as permitted by the embedding restrictions in the fonts; and temporarily download them to a printer or other output device to print content.
· 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.
· Third Party Software. The software may also contain third party (i.e. non-Microsoft) software programs (“Programs”), including Portuguese Spell Checker, Hyphenator, Grammar Checker and Thesaurus © 1995-2005 Priberam Informática, Lda. Thesaurus’s content based on Dicionário de Sinónimos from Porto Editora, Lda. All rights reserved. These Programs are provided as a convenience solely for purposes of evaluating the software. Your use of such Programs is subject to any additional conditions of any license agreement contained in them.
· Customer Experience Improvement Program (CEIP) and Error Reports. This software uses CEIP, which automatically sends to Microsoft anonymous information about your hardware and how you use this software. This software also automatically sends error reports to Microsoft that describe which software components had errors. No files or memory dumps will be sent unless you choose to send them. From time-to-time, we will also download a small file to your computer that permits us to collect information about specific errors you have while using the software. For more information about CEIP, see www.microsoft.com/products/ceip/EN-US/privacypolicy.mspx. For more information about Error Reports, see oca.microsoft.com/en/dcp20.asp.
· 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.
· Windows Update Feature. You may connect new hardware to the device where you installed 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 install it on your device. You can switch off this update feature.
· 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 installed 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.
· Real Simple Syndication (“RSS”) Feed. This software start page contains updated content that is supplied by means of an RSS feed online from Microsoft.
· Digital Certificates. The software uses digital certificates based on the x.509 standard. These digital certificates confirm the identity of Internet users sending x.509 standard encrypted information. The software retrieves certificates and updates certificate revocation lists. These security features operate only when you use the Internet.
· Auto Root Update. The Auto Root Update feature updates the list of trusted certificate authorities. You can switch off the Auto Root Update feature.
· Windows Media Player. When you use Windows Media Player, it checks with Microsoft for
· compatible online music services in your region;
· new versions of the player; and
· codecs if your device does not have the correct ones for playing content.
You can switch off this feature. For more information, go to http://go.microsoft.com/fwlink/?LinkId=51331.
· Windows Media Digital Rights Management. Content owners use Windows Media digital rights management technology (WMDRM) to protect their intellectual property, including copyrights. The 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 software’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.
· Malicious Software Removal. During setup, if you select “Get important updates for installation”, the software may check and remove certain malware from your device. “Malware” 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 software’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.
· 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.
· 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.
· 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
· use an application (e.g. Windows Meeting Space) that needs IPv6 connectivity or
· 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 “netsh”.
· 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. You must connect to Microsoft to use this feature for the first time. Once a year, you must re-connect to Microsoft to update it. For more information, go to http://go.microsoft.com/fwlink/?LinkId=52646. You may choose not to use this feature.
· 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 party’s privacy practices.
· 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 party’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.
· Automatic Update Feature. Some versions of the software will periodically check with Microsoft for updates and supplements to the software. If found, these updates and supplements will be automatically download and install on your computer.
· SharePoint Workspace. If the software includes Microsoft SharePoint Workspace (“SharePoint Workspace”), SharePoint Workspace will allow you to communicate directly with others over the Internet. If you are not on the Internet, your communications will be encrypted and sent through Microsoft servers for later delivery. You cannot disable this service.
SharePoint Workspace makes some information about your SharePoint Workspace account and computer known to your contacts. For example, if you:
• add a contact to your contact list,
• import your user account onto a new device,
• update the information in your “identity contact”, or
• send a SharePoint Workspace invitation using an URL to reference the invitation file,
· information about you and your devices may be sent to your contacts. If you configure SharePoint Workspace to use Microsoft servers, those servers will collect information about your computer and user accounts.
a. The Office 2010 beta software will from time to time 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 www.microsoft.com/genuine/office/WhyValidate.aspx.
b. During a validation check, the software will send information about the software to Microsoft. This information includes the version of the software and the product key. Microsoft does not use the information to identify or contact you. BY USING THE OFFICE 2010 SOFTWARE, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION. For more information, see www.microsoft.com/genuine/office/PrivacyInfo.aspx.
8. PRODUCT KEYS. The software may require a key to install and access it. You are responsible for the use of keys assigned to you and your use of the keys are limited to the terms of this Agreement. You should not share the keys with third parties.
· disclose the results of any benchmark tests of the software to any third party without Microsoft’s prior written approval. However, this does not apply to the .NET Components (see above);
· work around any technical limitations in the software;
· reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
· make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
· publish the software for others to copy;
· rent, lease or lend the software;
· transfer the software or this agreement to any third party; or
· use the software for commercial software hosting services.
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.
THIS PRODUCT IS LICENSED UNDER THE VC-1 PATENT PORTFOLIO LICENSES FOR THE PERSONAL AND NONCOMMERCIAL USE OF A CONSUMER TO (A) ENCODE VIDEO IN COMPLIANCE WITH THE VC-1 STANDARD (“VC-1 VIDEO”) 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; http://www.mpegla.com.
This limitation applies to
· anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
· 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.
Please note: As this software is distributed in Quebec, Canada, some of the clauses in this agreement are provided below in French.
Remarque: Ce logiciel étant distribué au Québec, Canada, certaines des clauses dans ce contrat sont fournies ci-dessous en français.
Cette limitation concerne:
· tout ce qui est relié au logiciel, aux services ou au contenu (y compris le code) figurant sur des sites Internet tiers ou dans des programmes tiers ; et
· les réclamations au titre de violation de contrat ou de garantie, ou au titre de responsabilité stricte, de négligence ou d’une autre faute dans la limite autorisée par la loi en vigueur.
Elle s’applique également, même si Microsoft connaissait ou devrait connaître l’éventualité d’un tel dommage. Si votre pays n’autorise pas l’exclusion ou la limitation de responsabilité pour les dommages indirects, accessoires ou de quelque nature que ce soit, il se peut que la limitation ou l’exclusion ci-dessus ne s’appliquera pas à votre égard.
EFFET JURIDIQUE. Le présent contrat décrit certains droits juridiques. Vous pourriez avoir d’autres droits prévus par les lois de votre pays. Le présent contrat ne modifie pas les droits que vous confèrent les lois de votre pays si celles ci ne le permettent pas.