MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT EXCHANGE SERVER 2010 WITH SERVICE PACK 2 STANDARD, ENTERPRISE, TRIAL AND HYBRID
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. 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.
b. License Model. The software is licensed based on
· the number of instances of server software that you run;
· the number of devices and users that access instances of server software; and
· the server software functionality accessed.
c. Edition Specific Rights. If you have acquired the Trial edition, you have limited trial use rights as further explained in Section 2. If you have acquired the Hybrid edition, you have use rights as further explained in Section 3. If you have acquired the Standard edition or Enterprise edition, you have use rights as further explained in Section 4.
d. 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 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.
e. Product Key. The software may require a Product Key. That number will allow you to use the edition of the software you licensed. You may have the option to upgrade the software by acquiring a license and a new Product Key.
2. TRIAL USE RIGHTS AND LIMITATIONS. If you obtained the Trial edition of the software, you may install and use any number of copies of the software on your devices. You may use the Trial edition of the software, or the Enterprise edition or Standard edition of the software without entering the accompanying Product Key, only to demonstrate and internally evaluate it. The software is licensed “as-is.” You bear the risk of using it. The licensor 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, the licensor excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Sections 1.b. (License Model), 4. (Use Rights), 5.a. (Client Access Licenses (CALs)), 5.b. (Multiplexing), 10 (Backup Copy), 11 (Documentation), and the limited warranty below are not applicable. Because the software is provided “as is,” Microsoft may not provide support services for it. The term of this license is 120 days from your initial installation of the software.
3. USE RIGHTS AND LIMITATIONS FOR EXCHANGE SERVER 2010 HYBRID EDITION. The software is considered Hybrid edition if 1) you have an active subscription to Microsoft Exchange Online services under a Microsoft Volume Licensing program, 2) you are also running Microsoft Exchange Server as your on-premises email solution, and 3) you use the software solely for the purpose of enabling a hybrid deployment between your Exchange Online users and your on-premises email users. A hybrid deployment refers to the scenario under which your on-premises Exchange Server environment runs in parallel and interacts with the Microsoft Exchange Online service environment to form a single cohesive email infrastructure of your organization. You may not use the Hybrid edition to host on-premises mailboxes, to enable calendar sharing (except for calendar sharing with your Exchange Online users), to perform email filtering, or to perform any other functionality that is not required for a hybrid deployment. You may install and use any number of copies of the software on your devices, provided that you do not have any other instance of the Exchange Server 2010 running on premises. Sections 1.b. (License Model), 4. (Use Rights), 5.a. (Client Access Licenses (CALs)), 5.b. (Multiplexing), 16 (Support Services) below are not applicable to Exchange Server 2010 Hybrid edition. Your rights to use the Hybrid edition end upon the expiration or termination of your subscription to the Exchange Online services. At any time, Microsoft may change which version of the Exchange Server software it recommends for hybrid deployments. Notwithstanding any other publicly available information pertaining to Exchange products or services, Microsoft makes no representation that it will continue to support Exchange Server 2010 Hybrid edition for hybrid use after the time period during which Exchange Server 2010 Hybrid edition is Microsoft’s recommended solution for hybrid deployments. You are specifically advised that, if you continue to use Exchange Server 2010 Hybrid edition after it ceases to be Microsoft’s recommended solution for hybrid deployments, you may experience reduced or interrupted functionalities, and Microsoft may not provide support to your hybrid deployment. For additional information about Microsoft’s recommendation regarding hybrid deployments, see http://technet.microsoft.com.
4. 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.
· Exchange Management 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. These license terms apply to your use of those programs.
5. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
a. Client Access Licenses (CALs).
· You do not need CALs for any of your servers licensed to run instances of the server software.
· You do not need CALs for up to two devices or users to access your instances of the server software only to administer those instances.
· You do not need CALs for any user or device that accesses your instances of the server software without being directly or indirectly authenticated by Active Directory.
· Your CALs permit access to your instances of earlier versions, but not later versions, of the server software.
· permanently reassign your device CAL from one device to another, or your user CAL from one user to another; or
· temporarily reassign your device CAL to a loaner device while the first device is out of service, or your user CAL to a temporary worker while the user is absent.
· Custom Retention Policies
· Personal Archive
· Voicemail
· Information Protection and Compliance
· Cross Mailbox Search
· Legal Hold
· Advanced Mobile Policies
· Per User/ Distribution List Journaling
v. External Connector Licenses. You must assign each external connector license you acquire to a server licensed to run one or more instances of the server software. A hardware partition or blade is considered to be a separate server. Each external connector license assigned to a server permits any number of external users to access instances of the server software on that server. You do not need CALs for those users.
“External users” means users that are not either:
(i) your or your affiliates’ employees, or
(ii) your or your affiliates’ onsite contractors or agents.
External connector licenses permit access to your instances of earlier versions, but not later versions, of the server software, unless stated in the table below. If you are accessing instances of an earlier version, you may also use an external connector license corresponding to that version.
b. Multiplexing. Hardware or software you use to
· pool connections,
· reroute information, and
· reduce the number of devices or users that directly access or use the software
(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.
d. Additional Functionality. Microsoft may provide additional functionality for the software. Other license terms and fees may apply.
6. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software. It may change or cancel them at any time.
7. 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.
8. THIRD PARTY PROGRAMS. The software contains third party 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.
9. 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.
10. BACKUP COPY. You may make one backup copy of the software media. You may use it only to create instances of the software.
11. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
12. NOT FOR RESALE SOFTWARE. You may not sell software marked as “NFR” or “Not for Resale.”
13. 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.
14. PROOF OF LICENSE. If you acquired the software on a disc or other media, a genuine Microsoft Proof of License label with a genuine copy of the software identifies licensed software. To be valid, this label must appear on Microsoft packaging. If you receive the label separately, it is invalid. You should keep the packaging that has the label on it to prove that you are licensed to use the software. To identify genuine Microsoft software, see www.howtotell.com.
15. 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.
16. SUPPORT SERVICES. Microsoft provides support services for the software as described at www.support.microsoft.com/common/international.aspx.
17. 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.
18. 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.
19. 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.
20. 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.
************************************************************************************
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.