Windows NT Server

MICROSOFT LICENSE AGREEMENT

SERVER LICENSE FOR MICROSOFT SERVER PRODUCTS

 

IMPORTANT READ CAREFULLY: This Microsoft 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

associated media and printed materials, and may include "online"

or electronic documentation ("SOFTWARE PRODUCT" or "SOFTWARE").

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, promptly return the unused

SOFTWARE PRODUCT to the place from which you obtained it for

a full refund.

 

MICROSOFT SOFTWARE LICENSE

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 Microsoft product contains some or all of

the following types of software: "Server Software" that provides

services on a computer called a server and "Client Software" that

allows a computer or workstation to access or utilize the services

provided by the Server Software. Microsoft grants to you the

following rights to the Server Software and the Client Software

(collectively called the "SOFTWARE PRODUCT"):

 

a. Installation. The CD or diskette(s) on which the Server

Software and the Connector Software reside may contain

several copies of the Server Software and the Connector

Software, each of which is compatible with a different

microprocessor architecture (such as the x86 architecture

or various RISC architectures). You may install the Server

Software and the Connector Software for use with only one

of those architectures at any given time. Server Software.

You may install one copy of the Server Software on a single

computer (the computer running the Server Software shall

be referred to as the "Server"). Connector Software.

You may install one copy of the Connector Software on one

Server running Microsoft Exchange Server. If you choose to

install Connector Software on a Microsoft Exchange Server,

you must also acquire a separate license or licenses to

install and/or 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. You may install

the Client Software on any computer or workstation.

 

b. Use of the Server Software. You may use one copy of

the Server Software on one Server, which may be connected

at any point in time to an unlimited number of

workstations or computers operating on one or more networks.

You must acquire a separate Client Access License to access

or otherwise utilize the services of the Server, whether you

use the Client Software, third-party software, or an

application you develop to do so, unless otherwise noted

in Section 2 of this Agreement. Each Client Access License

must be dedicated to one unique computer or workstation.

It permits that computer or workstation to access or utilize

the services of any Server. 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, Microsoft Exchange Server, or

SNA Server (but not Microsoft BackOffice or Systems

Management Server) in "Per Server Mode" as defined below.

If you choose Per Seat Mode, your choice is permanent.

If you initially choose Per Server Mode, you have the

right to change one time only to Per Seat Mode, as long

as you acquire a Client Access License for each unique

workstation or computer accessing or utilizing the

services of a Server.

 

c. Alternate Terms If You Elect to Use the Server

Software for Microsoft SQL Server, Windows NT Server,

Microsoft Exchange Server, or SNA Server in Per Server Mode.

In Per Server Mode, the maximum number of computers or

workstations that may access or otherwise utilize the

services of the Server 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. You may access any Server running in the Per Server

Mode by using any Microsoft or third-party client software,

including computers or workstations licensed in Per Seat

Mode, provided the additional access is within that Server's

maximum licensed capacity of simultaneously connected

computers or workstations. If you elect to change from Per

Server Mode to Per Seat Mode, you may transfer any Client

Access Licenses you acquired for use in Per Server Mode to

an equal number of workstations or computers in Per Seat Mode.

 

d. Use of the Connector Software. You may use the Connector

Software on one Microsoft Exchange Server.

e. Use of the Client Software. You may use the Client

Software to configure and administer the Server. If you use

the Client Software to access or otherwise utilize the

services of the Server or for any other purpose, you must

acquire a separate Client Access License unless otherwise

noted in Section 2 of this Agreement.

 

f. Other. Transfer-You may transfer the Server Software

to another computer, provided that it is removed from the

computer from which it is transferred. Notice to Users-

You shall inform all users of the SOFTWARE of the terms

and conditions of the EULA. Not For Resale Software-

If this SOFTWARE is labeled "Not For Resale" or "NFR,"

your use of the SOFTWARE is limited to use for

demonstration, test, or evaluation purposes.

Academic Edition Software-If this SOFTWARE is labeled

"Academic Edition" or "AE," you must be a

"Qualified Educational User" to use the SOFTWARE. 

If you are not a Qualified Educational User, you have no

rights under this EULA.  To determine if 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. License Pak-If this package is a License Pak,

you may install and use additional copies of the Server

Software up to the number of copies specified above as "Licensed Copies."

No "Multiplexing" or "Pooling"-Use of

software or hardware that reduces the number of users

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."

 

g. Note regarding the use of Microsoft BackOffice.

The Server Software components that make up Microsoft

BackOffice may only be installed together for use on

one Server and may not be separated.

 

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

For all SOFTWARE-Rental. You may not rent or lease the

SOFTWARE, but you may transfer the SOFTWARE and

accompanying written materials on a permanent basis,

provided you retain no copies and the recipient agrees to

the terms 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. 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 (for example, if the version number listed above

is "3.5," you may install Server Software that contains

a "3.5" or "2.0" version number, but not a "3.6" version number).

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. For Microsoft Windows NT Server-Processor

Limitation. The Server Software may be used by no more than four

(4) processors of the Server at any one time

(support for greater than four processors is available from

authorized computer hardware vendors). Client Access. You need

a separate Client Access License for Windows NT Server in order

to access or otherwise utilize the following Windows NT Server

basic network services: File Services (sharing and managing

files and/or disk storage), Printing Services (sharing and

managing printers), and Remote Access Service (accessing

the server from a remote location through a communications link).

You do not need a separate Client Access License

for Windows NT Server to access or otherwise utilize any

other Windows NT Server services, to access or run Microsoft or

third-party server applications on Windows NT Server, or to

otherwise use the Client Software. Note on Microsoft Windows

for Workgroups or Windows 95 software. The CD on which

Windows NT Server resides may contain a copy of Windows

for Workgroups or Windows 95 software. Note that in order

to install or use this software, you must acquire a separate Windows

for Workgroups or Windows 95 license. Note on

Microsoft Internet Information Server software.  Windows NT

Server may include Internet Information Server. 

Your rights to use this software are described below.

For Microsoft SQL Server-Client Access. You do not need a

separate Client Access License for SQL Server in order to

execute SQL Server-to-SQL Server remote stored procedures

(also referred to as database remote procedure calls).

Benchmark Testing. You may not disclose the results of any

benchmark test of either the Server Software or

Client Software to any third party without Microsoft's

prior written approval. Note regarding the use of run-time

software. Microsoft hereby grants to you a limited

nonexclusive, royalty-free right to reproduce and

distribute those DB-Library, Net-Library, and ODBC files

required for run-time execution of compiled applications

("Run-Time Files") in conjunction with and as a part of your

application software product that is created using

the Microsoft SQL Server Server Software ("Application"),

provided that you comply with the Distribution Requirements

listed below.

For Microsoft Exchange Server-Microsoft Exchange Server

includes Microsoft Schedule+ ("Schedule+"), Microsoft

Exchange Forms Designer ("Forms Designer"), and Microsoft

Exchange Sample Applications ("Sample Applications").

Schedule+, the Forms Designer, and Sample Applications

may only be installed and used in conjunction with the

Microsoft Exchange Client Software. Client Access. You need

to acquire a separate Client Access License for Microsoft

Exchange Server in order to use Microsoft Exchange Client

Software to access and otherwise utilize Microsoft Exchange

Server and to access or otherwise utilize the services of

any other electronic mail server software. Note regarding

the use of the Forms Designer and Sample Applications.

The Forms Designer and its components may only be used to

create applications which utilize the services of

Microsoft Exchange Server ("Application"). Microsoft grants

you the following nonexclusive rights: (i) to reproduce and

distribute the run-time modules of the Forms Designer in

conjunction with your Application; (ii) to reproduce, customize

and distribute the run-time modules of the Sample Applications in

conjunction with your Application; and (iii)

to use and modify the source code version of the Sample

Applications and to reproduce and distribute the object code

versions of such modifications in conjunction with your

Application. Any distribution permitted under this Section must

be in compliance with the Distribution Requirements listed below.

For purposes of this Section, "run-time modules" are those files

identified in the written materials accompanying

Microsoft Exchange Server as required during the execution of your

software product. Source Extractor, Microsoft Exchange

Administrator Program, and Microsoft Mail Connector. Microsoft

Exchange Server also includes Source Extractor software, for

migrating data from other electronic mail software,

Administrator software, and Microsoft Mail Connector software.

The Source Extractor, Administrator, and Microsoft Mail Connector

programs contain components which may be installed on

additional machines. Microsoft grants you the additional right

to modify the source code version of the Source Extractor

programs. The Source Extractor programs may only be used to

migrate data to Microsoft Exchange Server.

For Microsoft Internet Information Server- Use. You do not need

a separate Client Access License for Microsoft Internet

Information Server to access or otherwise utilize the services

of Microsoft Internet Information Server. The Client Software

may only be used in conjunction with validly licensed copies

of Microsoft operating system products. No Performance or

Benchmark Testing.  You may not disclose the results of

any benchmark test of either the Server Software or Client

Software for Internet Information Server to any third party

without Microsoft's prior written approval. Distribution.

You may freely copy and distribute the Client Software

accompanying Microsoft Internet Information Server for

your use or (for entities) use within your organization.

Any distribution of the Client Software for use by third

parties outside your organization must be approved by

Microsoft. You must maintain all copyright notices on all

copies of the Client Software. Transfer. You may permanently

transfer all of your rights to the Client Software only in

conjunction with a permanent transfer of the Server Software.

For Microsoft SNA Server-The 3270 and 5250 terminal emulation

applets and the ODBC/DRDA driver provided with SNA Server

are licensed for use only by one user per licensed SNA Server.

Licenses for additional users must be acquired

separately. For Microsoft Systems Management Server-You must

acquire at least one valid Server License for Microsoft SQL

Server to use Systems Management Server. However, you 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.

Distribution Requirements for Microsoft SQL Server and Microsoft

Exchange Server Run-Time Files and Sample Applications-If you

distribute Microsoft SQL Server Run-Time Files, run-time modules

for the Forms Designer or Sample Applications, or object code

versions of the Sample Applications (collectively

"Redistributables") as provided above, you agree to:

(a) distribute the Redistributables only in conjunction with

and as a part of your Application; (b) not use Microsoft's name,

logo, or trademarks to market your Application; (c) include a

valid copyright notice in your Application; (d) if your

Application contains ODBC Run -Time Files: (i) your Application

must operate in conjunction with Microsoft SQL Server; and

(ii) you agree to distribute all ODBC components specified in

the README file in conjunction with your Application;

(e) 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 (f) 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 or run-time modules, if and as required

in the documentation or other materials provided with Microsoft

SQL Server, Forms Designer, or Sample Applications, or subsequently

provided to you by Microsoft.

 

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.  A SOFTWARE PRODUCT labeled as an upgrade

replaces and/or supplements 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.  If the SOFTWARE PRODUCT is an

upgrade of a component of a package of software programs that

you licensed as a single product, the SOFTWARE PRODUCT may be

used and transferred only as part of that single product

package and may not be separated for use on more than one computer.

 

4. COPYRIGHT. The SOFTWARE PRODUCT is licensed, not sold. Title

and copyrights in and to the SOFTWARE PRODUCT (including any images,

"applets," photographs, animations, video, audio, music, and text

incorporated into the SOFTWARE), accompanying printed materials,

and any copies you are permitted to make herein are owned by Microsoft

or its suppliers and are protected by United States copyright laws and

international treaty provisions. Therefore, you must treat the SOFTWARE

PRODUCT like any other copyrighted material (e.g., a book or musical

recording) except that you may either (a) make one copy of the SOFTWARE

PRODUCT solely for backup or archival purposes, or (b) transfer the

SOFTWARE PRODUCT to a single hard disk, provided you keep the original

solely for backup or archival purposes. You may not copy the printed

materials accompanying the SOFTWARE PRODUCT.

 

5. 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 or

install the other medium on 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.

 

6.EXPORT RESTRICTIONS. You agree that you will not export or

re-export the SOFTWARE PRODUCT to any country, person, entity

or end user subject to U.S.A. export restrictions. 

Restricted countries currently include, but are not necessarily

limited to Cuba, Iran, Iraq, Libya, North Korea, Syria, and the

Federal Republic of Yugoslavia (Serbia and Montenegro, U.N.

Protected Areas and areas of Republic of Bosnia and Herzegovina

under the control of Bosnian Serb forces).  You warrant and

represent that neither the U.S.A. Bureau of Export

Administration nor any other federal agency has suspended,

revoked or denied your export privileges.

 

7. 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 ON-LINE 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.

 

FOR THE LIMITED WARRANTIES AND SPECIAL PROVISIONS PERTAINING TO

YOUR PARTICULAR JURISDICTION, PLEASE REFER TO YOUR WARRANTY

BOOKLET INCLUDED WITH THIS PACKAGE OR PROVIDED WITH THE SOFTWARE

PRODUCT PRINTED MATERIALS.