MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT SYSTEM CENTER SERVICE MANAGER 2010 SERVICE PACK 1
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, which includes the media on which you received it, if any. The terms also apply to any Microsoft
·     updates,
·     supplements,
·     Internet-based services, and
·     support services
for this software, unless other terms accompany those items. If so, those terms apply.
By using the software, you accept these terms. If you do not accept them, do not use the software. Instead, return it to the retailer for a refund or credit. If you cannot obtain a refund there, contact Microsoft or the Microsoft affiliate serving your country for information about Microsoft’s refund policies. See www.microsoft.com/worldwide. In the United States and Canada, call (800) MICROSOFT or see www.microsoft.com/info/nareturns.htm.
If you comply with these license terms, you have the rights below for each software license you acquire.
1.	OVERVIEW.
a.	Licensing Terminology.
·     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 software.
·     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 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 have either or both of the following:
·     one physical operating system environment
·     one or more virtual operating system environments.
·     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 system.
·     Assigning a License. To assign a license means simply to designate that license to one device or user.
b.	Software. The software includes
·     server software; and
·     additional software that may only be used with the server software directly, or indirectly through other additional software.
c.	License Model. The software is licensed based on
·     the number of instances of server software that you run; 
·     the number of physical and virtual operating system environments that those instances of server software manage; and/or
·     the number of users of managed physical and virtual operating system environments.
2.	PRODUCT KEY. The software requires a key to install or access it. You are responsible for the use of keys assigned to you. You should not share the keys with third parties.
3.	USE RIGHTS.
a.	Assigning the License to the Server.
i.	Before you run any instance of the server software under a software 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.
ii.	You may reassign a software license, but not within 90 days of the last assignment. You may reassign a software license sooner if you retire the licensed server due to permanent hardware failure. If you reassign a license, the server to which you reassign the license becomes the new licensed server for that license.
b.	Running Instances of the Server Software. 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.
c.	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. 
For all editions of System Center Service Manager 2010
·     Data warehouse management server
·     Data warehouse database
·     Service Manager console
·     Self-service portal
Only for System Center Service Manager 2010 with SQL Server 2008 Technology
·     Analysis Services Shared Tools
·     Business Intelligence Development Studio
·     Connectivity Components
·     Legacy Components
·     Management Tools
·     Notification Services Client Components
·     Reporting Services Report Manager
·     Reporting Services Shared Tools
·     SQL Server 2008 Books Online 
·     SQL Server 2008 Shared Tools
·     Software Development Kit
·     SQLXML Client Features
·     SQL Server Mobile Server Tools
d.	Creating and Storing Instances on Your Servers or Storage Media. You have the additional rights below for each software license you acquire.
·     You may create any number of instances of the server software and additional software.
·     You may store instances of the server software and additional software on any of your servers or storage media.
·     You may create and store instances of the server software and additional software solely to exercise your right to run instances of the server software under any of your software licenses as described (e.g., you may not distribute instances to third parties).
e.	Included Microsoft Programs. The software contains other Microsoft programs. The license terms with those programs apply to your use of them.
f.	License Terms for SQL Server 2008 Technology. If your edition of the server software includes SQL Server 2008 Technology, you may run, at any one time, one instance of that technology in one physical or virtual operating system environment on one server solely to support the server software. You do not need SQL Server CALs for that use. You may create and store any number of instances of SQL Server 2008 Technology on any of your servers or storage media solely to exercise your right to run an instance of SQL Server 2008 Technology under any of your software licenses.
4.	LICENSING REQUIREMENTS AND/OR ADDITIONAL USE RIGHTS.
a.	Management Licenses.
i.	You must acquire, and assign to a device or user, the appropriate category and type of management licenses for the operating system environments (OSEs) you will use your instances of the server software to directly or indirectly manage.
ii.	Categories of Management Licenses. There are two categories of management licenses: client and server. The category of license required depends on the operating system software running within an OSE. Managed OSEs running server operating system software require server management licenses. All other managed OSEs require client management licenses. A single device may have a mix of OSEs, including a subset running server operating systems. If so you will need a mix of the two categories for that device.
iii.	Two Types of Client Management Licenses. There are two types of client management licenses: one for managed OSEs and one for users.
·     Your OSE client management licenses permit your instances of the server software to manage an equal number of OSEs used by any users.
·     Your user client management licenses permit your instances of the server software to manage the OSEs used by each user to whom a user client management license is assigned. If you have more than one user using an OSE, and you are not licensing by OSE, you must assign user client management licenses to each of the users.
Your client management licenses do not permit management of any OSE running a server operating system.
iv.	One Type of Server Management License. There is no user option for server management licenses. The OSE server management license is the only type of server management license you can acquire. Your OSE server management licenses permit your instances of the server software to manage an equal number of OSEs. If you are managing a virtual OSE on the licensed device and the physical OSE is being used solely to run hardware virtualization software, provide hardware virtualization services, and run software to manage and service operating system environments on that device, then you may manage that virtual OSE and the physical OSE under a single server management license. Your server management licenses do not permit management of any OSE running any operating system software other than server operating system software.
v.	Assigning Management Licenses.
·     The appropriate management licenses:
·     server or client
·     OSE or user
·     If you acquire user client management licenses, you must assign them to the users of your managed OSEs.
·     If you acquire OSE client or server management licenses, you must assign them to the devices on which your managed OSEs will run. A hardware partition or blade is considered to be a separate device. At any one time, the number of OSEs being managed on a device may not exceed the number of OSE client or server management licenses assigned to that device (except in the case where you are permitted to manage the physical OSE and a virtual OSE under a single server management license as provided above).
·     For purposes of this paragraph, to “manage” an OSE means to
·     solicit or receive data about,
·     configure, or
·     give instructions to the hardware or software associated with the OSE, other than to discover the presence of a device.
·     You do not need a management license for
·     any of your OSEs running instances of the server software on your licensed servers,
·     any of your OSEs in which no instances of software are running, or
·     any of your devices functioning only as network infrastructure devices (OSI layer 3 or below),
·     any of your devices for which you are exclusively performing out of band management. 
“Out of band management” consists of interaction via a network connection with a hardware management controller to monitor or manage the status of hardware components such as:
·     system temperature
·     fan speed
·     power on/off
·     system reset
·     CPU availability.
Monitoring utilization of the following is considered indirect management of the OSE and requires a management license:
·     CPU 
·     RAM 
·     NIC
·     Storage.
·     With any instance of the server software on your licensed servers, you may manage:
·     any number of OSEs on a device, once you assign an equal number of server or client management licenses to that device.
·     the OSEs your users use, once you assign client management licenses to those users.
·     However, you may manage the physical OSE and any virtual OSE under a single server management license, if you use the physical OSE for the limited purpose described above.
vi.	Reassignment of Management Licenses. You may
·     permanently reassign a management license from one device to another or a user client management license from one user to another; or
·     temporarily reassign a management license to a loaner device while the first device is out of service or a user client management license to a temporary worker while the user is absent.
b.	Multiplexing. Hardware or software you use to
·     pool connections,
·     reroute information, or
·     reduce the number of OSEs the software directly manages
(sometimes referred to as “multiplexing” or “pooling”), does not reduce the number of licenses of any type that you need.
c.	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.
5.	INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software. It may change or cancel them at any time.
6.	BENCHMARK TESTING. You must obtain Microsoft's prior written approval to disclose to a third party the results of any benchmark test of the software.
7.	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 more information, see www.microsoft.com/licensing/userights. You may not
·     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; or
·     use the software for commercial software hosting services.
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.
8.	ALTERNATIVE VERSIONS. The software may include more than one version, such as 32-bit and 64-bit. You may use only one version at one time.
9.	BACKUP COPY. You may make one backup copy of the software media. You may use it only to create instances of the software.
10.	DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
11.	NOT FOR RESALE SOFTWARE. You may not sell software marked as “NFR” or “Not for Resale.”
12.	ACADEMIC EDITION SOFTWARE. You must be a “Qualified Educational User” to use software marked as “Academic Edition” or “AE.” If you do not know whether you are a Qualified Educational User, visit www.microsoft.com/education or contact the Microsoft affiliate serving your country.
13.	EXPORT 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.
14.	SUPPORT SERVICES. Microsoft provides support services for the software as described at www.support.microsoft.com/common/international.aspx.
15.	ENTIRE 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.
16.	APPLICABLE LAW.
a.	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.
b.	Outside the United States. If you acquired the software in any other country, the laws of that country apply.
17.	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 so.
18.	LIMITATION ON AND EXCLUSION OF DAMAGES. You can recover from Microsoft and its suppliers only direct damages up to the amount you paid for the software. 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; 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
·     repair, replacement or a refund for the software does not fully compensate you for any losses; or
·     Microsoft knew or should have known about the possibility of the damages.
Some states 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. 

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LIMITED WARRANTY
A.	LIMITED WARRANTY. If you follow the instructions, the software will perform substantially as described in the Microsoft materials that you receive in or with the software.
B.	TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES. The limited warranty covers the software for one year after acquired by the first user. If you receive supplements, updates, or replacement software during that year, they will be covered for the remainder of the warranty or 30 days, whichever is longer. If the first user transfers the software, the remainder of the warranty will apply to the recipient.
To the extent permitted by law, any implied warranties, guarantees or conditions last only during the term of the limited warranty. Some states do not allow limitations on how long an implied warranty lasts, so these limitations may not apply to you. They also might not apply to you because some countries may not allow limitations on how long an implied warranty, guarantee or condition lasts.
C.	EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your acts (or failures to act), the acts of others, or events beyond Microsoft’s reasonable control.
D.	REMEDY FOR BREACH OF WARRANTY. Microsoft will repair or replace the software at no charge. If Microsoft cannot repair or replace it, Microsoft will refund the amount shown on your receipt for the software. It will also repair or replace supplements, updates and replacement software at no charge. If Microsoft cannot repair or replace them, it will refund the amount you paid for them, if any. You must uninstall the software and return any media and other associated materials to Microsoft with proof of purchase to obtain a refund. These are your only remedies for breach of the limited warranty.
E.	CONSUMER RIGHTS NOT AFFECTED. You may have additional consumer rights under your local laws, which this agreement cannot change.
F.	WARRANTY PROCEDURES. You need proof of purchase for warranty service.
1.	United States and Canada. For warranty service or information about how to obtain a refund for software acquired in the United States and Canada, contact Microsoft at
·     (800) MICROSOFT;
·     Microsoft Customer Service and Support, One Microsoft Way, Redmond, WA 98052-6399; or
·     visit www.microsoft.com/info/nareturns.htm.
2.	Europe, Middle East and Africa. If you acquired the software in Europe, the Middle East or Africa, Microsoft Ireland Operations Limited makes this limited warranty. To make a claim under this warranty, you should contact either
·     Microsoft Ireland Operations Limited, Customer Care Centre, Atrium Building Block B, Carmanhall Road, Sandyford Industrial Estate, Dublin 18, Ireland; or
·     the Microsoft affiliate serving your country (see www.microsoft.com/worldwide).
3.	Outside United States, Canada, Europe, Middle East and Africa. If you acquired the software outside the United States, Canada, Europe, the Middle East and Africa, contact the Microsoft affiliate serving your country (see www.microsoft.com/worldwide).
G.	NO OTHER WARRANTIES. The limited warranty is the only direct warranty from Microsoft. Microsoft gives no other express warranties, guarantees or conditions. Where allowed by your local laws, Microsoft excludes implied warranties of merchantability, fitness for a particular purpose and non-infringement. If your local laws give you any implied warranties, guarantees or conditions, despite this exclusion, your remedies are described in the Remedy for Breach of Warranty clause above, to the extent permitted by your local laws.
H.	LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY. The Limitation on and Exclusion of Damages clause above applies to breaches of this limited warranty.
This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. You may also have other rights which vary from country to country.