MICROSOFT
SOFTWARE LICENSE TERMS FOR A VIRTUAL HARD DISK IMAGE OF EVALUATION COPIES OF
THE MICROSOFT PRODUCTS IDENTIFIED IN EXHIBIT A
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 evaluation software named above, which includes the media on which you
received it, if any. The terms also
apply to any Microsoft Internet-based services for this software.
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.
If you comply with
these license terms, you have the rights below.
·
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.
·
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
Virtual PC or Microsoft Virtual Server.
·
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.
·
The Microsoft software in the virtual hard disk image is licensed as a
single piece of software. You may not
separate its component parts for use on more than one device or in more than
one operating system environment.
·
The Exceptions
and Additional Terms for Particular Products as included in Exhibit A.
·
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.
·
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 last
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.
·
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.
·
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 Microsoft .NET Framework (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.
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.
EXHIBIT A
Microsoft Products included
in the Virtual Hard Disk Image
and
Exceptions and Additional Terms for Particular Products
Virtual Hard Disk Image “a” contains the following pre-configured software:
Microsoft Products included in the Virtual Hard
Disk Image |
Exceptions and
Additional Terms for Particular Products |
Microsoft Forefront Security for SharePoint |
· NA |
Microsoft MapPoint North America 2006 |
·
Use of Maps. ·
For MapPoint 2006 and MapPoint 2006 with GPS
Locator (“MapPoint”), you may not provide real-time vehicle guidance. You may
not calculate or recommend a route or ordering of destinations based on the
location of more than one vehicle. |
Microsoft Office Add-in: Microsoft Save as PDF or XPS |
· N/A |
Microsoft Office Business Scorecard Manager 2005 Compatibility Release |
· MICROSOFT .NET BENCHMARK TESTING. The software includes one or more components of the .NET Framework 3.0 (“.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 http://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 http://go. microsoft.com/fwlink/?U nkID=66406. |
Microsoft Office Communicator 2005 |
· N/A |
Microsoft Office Communicator Mobile |
· N/A |
Microsoft Office Enterprise 2007 with the following language packs: Arabic (ar-sa) Chinese (zh-cn & zh-tw) French (fr-fr) German (de-de) Hebrew (he-il) Japanese (ja-jp) Spanish (es-es) |
· N/A |
Microsoft Office Live Communications Server 2005 Enterprise Edition SP1 |
· N/A |
Microsoft Office Project 2007 with the following language packs: Arabic (ar-sa) Chinese (zh-cn & zh-tw) French (fr-fr) German (de-de) Hebrew (he-il) Japanese (ja-jp) Spanish (es-es) |
· N/A |
Microsoft Office Project Portfolio Server 2007 |
· N/A |
Microsoft Office Project Server 2007 |
· N/A |
Microsoft Office SharePoint Server 2007 Enterprise Edition with the following language packs: Arabic (ar-sa) Chinese (zh-cn & zh-tw) French (fr-fr) German (de-de) Hebrew (he-il) Japanese (ja-jp) Spanish (es-es) |
· N/A |
Microsoft Office SharePoint Designer 2007 |
·
N/A |
Microsoft Office SharePoint Server 2007 SDK (including the ECM Starter Kit) |
·
N/A |
Microsoft Office Visio 2007 with the following language packs: Arabic (ar-sa) Chinese (zh-cn & zh-tw) French (fr-fr) German (de-de) Hebrew (he-il) Japanese (ja-jp) Spanish (es-es) |
· N/A |
Microsoft SQL Server 2005 Enterprise Edition SP2 with Analysis, Notification, and Reporting Services |
·
DATA
STORAGE TECHNOLOGY. The Windows
Server software includes data storage technology called Microsoft SQL Server
Desktop Engine for Windows. Components
of the Windows Server software use this technology to store data. You may not otherwise use or access this
technology under this agreement. |
Microsoft Visual Studio 2005 Professional Edition with the following add-ons: Microsoft Windows SDK Microsoft Windows Software Development Kit for Windows Vista and .NET Framework 3.0 Runtime Components Visual Studio 2005 extensions for .NET Framework 3.0 (Windows Workflow Foundation) Device Emulator 2.0 Beta – Community
Technology Preview Microsoft Visual Studio 2005 extensions for Microsoft Windows SharePoint Services 3.0 Tools Microsoft Visual Studio 2005 Tools for the 2007 Microsoft Office System |
· MICROSOFT .NET FRAMEWORK BENCHMARK TESTING. The software includes the .NET Framework component (“.NET Component”). You may conduct internal benchmark testing of the .NET Component. You may disclose the results of any benchmark test of the .NET Component, provided that you comply with the following terms: (1) you must disclose all the information necessary for replication of the tests, including complete and accurate details of your benchmark testing methodology, the test scripts/cases, tuning parameters applied, hardware and software platforms tested, the name and version number of any third party testing tool used to conduct the testing, and complete source code for the benchmark suite/harness that is developed by or for you and used to test both the .NET Component and the competing implementation(s); (2) you must disclose the date (s) that you conducted the benchmark tests, along with specific version information for all Microsoft software products tested, including the .NET Component; (3) your benchmark testing was performed using all performance tuning and best practice guidance set forth in the product documentation and/or on Microsoft’s support web sites, and uses the latest updates, patches and fixes available for the .NET Component and the relevant Microsoft operating system; (4) it shall be sufficient if you make the disclosures provided for above at a publicly available location such as a website, so long as every public disclosure of the results of your benchmark test expressly identifies the public site containing all required disclosures; and (5) nothing in this provision shall be deemed to waive any other right that you may have to conduct benchmark testing. The foregoing obligations shall not apply to your disclosure of the results of any customized benchmark test of the .NET Component, whereby such disclosure is made under confidentiality in conjunction with a bid request by a prospective customer, such customer’s application(s) are specifically tested and the results are only disclosed to such specific customer. 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 .NET Component, provided it complies with the same conditions. · SQL Server Bechmarking Testing. You must obtain Microsoft’s prior written approval to disclose to a third party the results of any benchmark test of the SQL Server software that accompanies this software. · Microsoft Windows Software. The software contains the Microsoft >NET Framework 2.0 and Microsoft Data Access Component 2.8 SP1 software. These software are part of Windows. The license terms for Windows apply to your use of the .NET Framework 2.0 and Microsoft Data Access Component software. |
Windows Server 2003 R2 Enterprise Edition Windows Desktop Search 3.0 RTW for Microsoft .NET Framework 3.0 Rights Management Services 1.0 SP2 Server & Client |
· NOTICE Regarding THE MPEG-4 Visual STANDARD. The software includes MPEG-4 visual decoding technology. This technology is a format for data compression of video information. For this technology, MPEG LA, L.L.C. requires this notice: ·
USE OF
THIS PRODUCT IN ANY MANNER THAT COMPLIES WITH THE MPEG-4 VISUAL STANDARD IS
PROHIBITED, EXCEPT FOR USE DIRECTLY RELATED TO (A) DATA OR INFORMATION
(i) GENERATED BY AND OBTAINED WITHOUT CHARGE FROM A CONSUMER NOT THEREBY
ENGAGED IN A BUSINESS ENTERPRISE, AND (ii) FOR PERSONAL USE ONLY; AND
(B) OTHER USES SPECIFICALLY AND SEPARATELY LICENSED BY MPEG LA, L.L.C. · If you have questions about the MPEG-4 visual standard, please contact MPEG LA, L.L.C., 250 Steele Street, Suite 300, Denver, Colorado 80206; www.mpegla.com. · MICROSOFT .NET FRAMEWORK BENCHMARK TESTING. The software includes the .NET Framework component (“.NET Component”). You may conduct internal benchmark testing of the .NET Component. You may disclose the results of any benchmark test of the .NET Component, provided that you comply with the following terms: (1) you must disclose all the information necessary for replication of the tests, including complete and accurate details of your benchmark testing methodology, the test scripts/cases, tuning parameters applied, hardware and software platforms tested, the name and version number of any third party testing tool used to conduct the testing, and complete source code for the benchmark suite/harness that is developed by or for you and used to test both the .NET Component and the competing implementation(s); (2) you must disclose the date (s) that you conducted the benchmark tests, along with specific version information for all Microsoft software products tested, including the .NET Component; (3) your benchmark testing was performed using all performance tuning and best practice guidance set forth in the product documentation and/or on Microsoft’s support web sites, and uses the latest updates, patches and fixes available for the .NET Component and the relevant Microsoft operating system; (4) it shall be sufficient if you make the disclosures provided for above at a publicly available location such as a website, so long as every public disclosure of the results of your benchmark test expressly identifies the public site containing all required disclosures; and (5) nothing in this provision shall be deemed to waive any other right that you may have to conduct benchmark testing. The foregoing obligations shall not apply to your disclosure of the results of any customized benchmark test of the .NET Component, whereby such disclosure is made under confidentiality in conjunction with a bid request by a prospective customer, such customer’s application(s) are specifically tested and the results are only disclosed to such specific customer. 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 .NET Component, provided it complies with the same conditions. |
Microsoft Windows Vista Microsoft Internet Explorer 7.0 |
· 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. · POTENTIALLY UNWANTED SOFTWARE. If turned on, Windows Defender will search your computer for “spyware,” “adware” and other potentially unwanted software. If it finds potentially unwanted software, the software will ask you if you want to ignore, disable (quarantine) or remove it. Any potentially unwanted software rated “high” or “severe,” will automatically be removed after scanning unless you change the default setting. Removing or disabling potentially unwanted software may result in other software on your computer ceasing to work, or your breaching a license to use other software on your computer. By using this software, it is possible that you will also remove or disable software that is not potentially unwanted software. · MICROSOFT .NET BENCHMARK TESTING. The software includes one or more components of the .NET Framework 3.0 (“.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 http://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 http://go. microsoft.com/fwlink/?U nkID=66406. · NOTICE ABOUT THE MPEG-4 VISUAL STANDARD. This software includes MPEG-4 visual decoding technology. MPEG LA, L.L.C. requires this notice: ·
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 UCENSED BY MPEG LA, L.L.C. ·
If you have questions about the MPEG-4 visual
standard, please contact MPEG LA, L.L.C., 250 Steele Street, Suite 300,
Denver, Colorado 80206; http://www.mpegla.com. ·
NOTICE
ABOUT THE VC-1 VISUAL STANDARD. This software may include VC-1 visual
decoding technology. MPEG LA, L.L.C. requires this notice: ·
THIS
PRODUCT IS LICENSED UNDER THE VC-1 PATENT PORTFOLIO LICENSES FOR THE PERSONAL
AND NON-COMMERCIAL USE OF A CONSUMER TO (A) ENCODE VIDEO IN COMPLIANCE WITH
THE VC-1 STANDARD (“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 UCENSE 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. · THIRD PARTY PROGRAMS. The software contains third party programs. The license terms with those programs apply to your use of them. |
Microsoft Windows XP Professional SP2 |
· NOTICE Regarding THE MPEG-4 Visual STANDARD. The software includes MPEG-4 visual decoding technology. This technology is a format for data compression of video information. For this technology, MPEG LA, L.L.C. requires this notice: USE OF THIS PRODUCT IN ANY MANNER THAT
COMPLIES WITH THE MPEG-4 VISUAL STANDARD IS PROHIBITED, EXCEPT FOR USE
DIRECTLY RELATED TO (A) DATA OR INFORMATION (i) GENERATED BY AND
OBTAINED WITHOUT CHARGE FROM A CONSUMER NOT THEREBY ENGAGED IN A BUSINESS
ENTERPRISE, AND (ii) FOR PERSONAL USE ONLY; AND (B) OTHER USES
SPECIFICALLY AND SEPARATELY LICENSED BY MPEG LA, L.L.C. If you have questions about the MPEG-4 visual standard, please contact MPEG LA, L.L.C., 250 Steele Street, Suite 300, Denver, Colorado 80206; www.mpegla.com. |
Virtual Hard Disk Image “b” contains the following pre-configured software:
Microsoft Products included in the Virtual Hard
Disk Image |
Exceptions and
Additional Terms for Particular Products |
Windows Server 2003 R2 Enterprise Edition, running as a Domain-joined machine on the “LITWAREINC.COM” domain Internet Explorer 7.0 |
· NOTICE Regarding THE MPEG-4 Visual STANDARD. The software includes MPEG-4 visual decoding technology. This technology is a format for data compression of video information. For this technology, MPEG LA, L.L.C. requires this notice: ·
USE OF
THIS PRODUCT IN ANY MANNER THAT COMPLIES WITH THE MPEG-4 VISUAL STANDARD IS
PROHIBITED, EXCEPT FOR USE DIRECTLY RELATED TO (A) DATA OR INFORMATION
(i) GENERATED BY AND OBTAINED WITHOUT CHARGE FROM A CONSUMER NOT THEREBY
ENGAGED IN A BUSINESS ENTERPRISE, AND (ii) FOR PERSONAL USE ONLY; AND
(B) OTHER USES SPECIFICALLY AND SEPARATELY LICENSED BY MPEG LA, L.L.C. · If you have questions about the MPEG-4 visual standard, please contact MPEG LA, L.L.C., 250 Steele Street, Suite 300, Denver, Colorado 80206; www.mpegla.com. · MICROSOFT .NET FRAMEWORK BENCHMARK TESTING. The software includes the .NET Framework component (“.NET Component”). You may conduct internal benchmark testing of the .NET Component. You may disclose the results of any benchmark test of the .NET Component, provided that you comply with the following terms: (1) you must disclose all the information necessary for replication of the tests, including complete and accurate details of your benchmark testing methodology, the test scripts/cases, tuning parameters applied, hardware and software platforms tested, the name and version number of any third party testing tool used to conduct the testing, and complete source code for the benchmark suite/harness that is developed by or for you and used to test both the .NET Component and the competing implementation(s); (2) you must disclose the date (s) that you conducted the benchmark tests, along with specific version information for all Microsoft software products tested, including the .NET Component; (3) your benchmark testing was performed using all performance tuning and best practice guidance set forth in the product documentation and/or on Microsoft’s support web sites, and uses the latest updates, patches and fixes available for the .NET Component and the relevant Microsoft operating system; (4) it shall be sufficient if you make the disclosures provided for above at a publicly available location such as a website, so long as every public disclosure of the results of your benchmark test expressly identifies the public site containing all required disclosures; and (5) nothing in this provision shall be deemed to waive any other right that you may have to conduct benchmark testing. The foregoing obligations shall not apply to your disclosure of the results of any customized benchmark test of the .NET Component, whereby such disclosure is made under confidentiality in conjunction with a bid request by a prospective customer, such customer’s application(s) are specifically tested and the results are only disclosed to such specific customer. 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 .NET Component, provided it complies with the same conditions. |
Exchange Server 2007 |
· Microsoft Operations Manager (MOM) Management Packs. The server software may contain MOM Management Packs. This data is part of MOM. The license terms for MOM apply to your use of these MOM Management Packs. |
Microsoft Forefront Security for Exchange Server |
· N/A |