MICROSOFT SOFTWARE LICENSE
VISUAL STUDIO TEAM FOUNDATION SERVER EXPRESS 2012
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
this software, unless other terms accompany those items. If so, those terms
USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE
AS DESCRIBED BELOW, USING THE SOFTWARE ALSO OPERATES AS
YOUR CONSENT TO THE TRANSMISSION OF CERTAIN COMPUTER INFORMATION DURING
ACTIVATION, VALIDATION AND FOR INTERNET-BASED
IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE
Software. The software includes
License Model. The software is licensed based
License Terms for Use with Virtual Server and Other Similar Technologies.
Instance. You create an “instance” of software by
executing the software’s setup or install procedure. You also create an instance of software
by duplicating an existing instance.
References to software in this agreement include “instances” of the
Run an Instance. You “run an instance” 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.
Operating System Environment. An
“operating system environment” is
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
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
Hyper-V 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 on a virtual (or otherwise emulated) hardware system.
A physical hardware system can
Server. A server is a physical hardware system capable of
running server software. A hardware
partition or blade is considered to be a separate physical hardware
Assigning a License.
To assign a license means simply
to designate that license to one device or user.
Assigning the License to the Server.
Before you run any instance of
the server software under a server 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.
You may reassign a software
server license, but not within 90 days of the last assignment. You may reassign a server license sooner
if you retire the licensed server due to permanent hardware failure. If you reassign a license, you must
remove the software from the former server. The server to which you reassign the
license becomes the new licensed server for that license.
Running Instances of the Server Software. For each server license you assign, you may run, at any
one time, one instance of the server software in one physical or virtual
operating system environment on the licensed server. You may make copies of the server
software and run any number of instances of the server software.
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.
You may use the prior versions of Team Explorer for
Visual Studio software in conjunction with the server software licensed to you
under these license terms.
Creating and Storing Instances on Your Servers or Storage Media. For each software license you acquire you may create and
store any number of instances of the software on any of your servers or storage
media. This may be done solely to
exercise your right to run instances of the software under any of your licenses
as described in the applicable use rights (e.g., you may not distribute
instances to third parties).
Included Microsoft Programs.
The software contains other
Microsoft programs. These license
terms apply to your use of those programs, except for those Microsoft programs
identified in Section 6 which are governed by their own license
Third Party Programs and Notices.
The software includes third
party code. The PreEmptive
Solutions, LLC., Dotfuscator and Analytics products are licensed to you under
their own license terms and not by Microsoft. Other third party code included in the
software is licensed to you by Microsoft under this license agreement, rather
than licensed to you by any third party under some other license terms. Notices, if any, for this third party
code are included with the software may be found in the ThirdPartyNotices.txt
file or in the software documentation.
ADDITIONAL LICENSING REQUIREMENTS AND/OR USE
Client Access Licenses (CALs). You must
acquire and assign a 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.
You do not need CALs for:
any of your servers licensed to run instances of the
up to two devices or users to access your instances of
the server software only to administer those instances,
five users using any of the features of Team
Foundation Server Express 2012.
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.
Usage Not Requiring a Client Access License. A CAL is not required when a user enters a work item or
views or edits that item. A CAL is also not required to use Team Foundation
Server Express 2012 via the following interfaces for any other purpose: Team
Foundation Server Web Access (Work Item Only View) and Feedback Client for
Visual Studio Team Foundation Server Build Services. If you
have one or more licensed users of Visual Studio Ultimate with MSDN, Visual
Studio Premium with MSDN, or Visual Studio Professional with MSDN, then you may
also install the Visual Studio software and permit access and use of it as part
of Team Foundation Server Build Services by your licensed users and licensed
devices of Team Foundation Server Express 2012.
Reassignment of CALs.
- permanently reassign your device CAL from one device to
another, or your user CAL from one user to another; or
- temporarily, on a
short-term basis, to cover a user’s absence or the unavailability of a device
that is out of service. While temporary,
short-term reassignment is permitted for CALs your reassignment of these
licenses for any other purpose or timeframe must be permanent. This
means if you reassign a license from device A to device B, you may not then
reassign that license from device B back again to device
Hardware or software you use to
take any of the following actions (sometimes referred to as “multiplexing” or
“pooling”), does not reduce the number of licenses of any type that are required
to access or use the server software;
reduce the number of devices or users that directly
access or use the software; or
reduce the number of operating system environments,
devices or users the product directly manages.
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.
Microsoft may provide additional
functionality for the software.
Other license terms and fees may apply.
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 Visual
Studio 2012 Privacy Statement connect to Microsoft or service provider computer
systems over the Internet. In some cases, you will not receive a separate notice
when they connect. In some cases, you may switch off these features or not use
them. For more information about these features, see
BY USING THESE FEATURES, YOU CONSENT TO THE TRANSMISSION OF
THIS INFORMATION. Microsoft does not use the information to identify or
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 installed the software. Microsoft
uses this information to make the Internet-based services available to
- Customer Experience
Improvement Program. This
software uses the Customer Experience Improvement Program
CEIP automatically sends Microsoft information
identifying the installed Microsoft product, the operating system of the
device, the CPU architecture of the operating system and data regarding the
success or failure of the installation of the software. We do
not use this information to identify or contact you. CEIP helps
Microsoft collect information about problems that you have while using the
software. To learn more about CEIP, see
- Windows (or Microsoft)
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
Use of Information. We may use
the computer information, and CEIP information, 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
You must obtain Microsoft's
prior written approval to disclose to a third party the results of any benchmark
test of the software. However, this does not apply to the Microsoft .NET
Framework (see below).
ADDITIONAL MICROSOFT PRODUCTS
License Terms for Microsoft SQL Server Software
Components. The software is accompanied by Microsoft
SQL Server software components, which are licensed to you under the terms of the
respective the SQL Server licenses located in the “Licenses” folder in the
server software installation directory. If the
software includes SQL Server 2012 Express, your use of such SQL Server edition
is subject to the SQL Server license terms for that edition located in this
installation directory and as the terms are modified and supplemented
.NET Framework Software.
The software contains Microsoft
.NET Framework software. The .NET
Framework is part of Microsoft Windows.
The license terms for Windows apply to your use of the .NET Framework
Microsoft .NET Framework Benchmark Testing. The software includes one or more components of the .NET
Framework (“.NET Components”). 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
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 only allow you to use it in certain ways. For example, Microsoft has technically
limited or disabled extensibility for the software, and so you may not extend
the software by, among other things, loading or injecting into the software any
non-Microsoft add-ins, macros, or packages; modifying the software registry
settings; or adding features or functionality equivalent to that found in other
Visual Studio Team Foundation Server products. You also may not
work around any technical limitations in the
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
publish the software for others to
rent, lease or lend the software;
transfer the software or this agreement to any third
use the software for commercial software hosting
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.
BACKUP COPY. You may make one
backup copy of the software media.
You may use it only to create instances of the software.
DOCUMENTATION. Any person that
has valid access to your computer or internal network may copy and use the
documentation for your internal, reference purposes. Documentation does not include
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.
SERVICES. Because this software is “as is,” we may not provide
support services for it.
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.
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.
Outside the United States. If
you acquired the software in any other country, the laws of that country
14. 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
15. Disclaimer of Warranty. The software is
licensed “as-is.” You bear the risk of using it. 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
16. 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
anything related to the software, services, content
(including code) on third party Internet sites, or third party programs;
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.
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.