MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT EXCHANGE SERVER 2007 WITH SERVICE PACK
1 ENTERPRISE EDITION, STANDARD EDITION, EVALUATION EDITION
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/mscorp/productrefund/refund.asp.
IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE
THE RIGHTS BELOW FOR EACH SERVER SOFTWARE LICENSE YOU ACQUIRE.
1. OVERVIEW.
a. Software.
The software includes
·
server software; and
·
additional software that can be installed on devices and used
with the server software.
b. License
Model. The software is licensed based on:
·
the number of instances of server software that you run; and
·
the number of devices and users that access instances of the
server software.
c. Edition
Specific Rights. If you acquired the
Evaluation Edition, you have limited evaluation rights as further explained in
Section 2. If you have acquired the Standard Edition or Enterprise Edition,
you have use rights as further explained in Section 3.
d. Definition
of Terms.
·
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 one instance of an operating system and
instances of applications, if any, configured to run on that operating system
instance. 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. 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:
o
one physical operating system environment
o
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 Software License. To assign a software
license means simply to designate that license to one server.
e. Product
Identification Number. The software may require
a Product Identification Number. 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 Identification Number.
2. EVALUATION
USE RIGHTS AND LIMITATIONS. If you obtained the
Evaluation Edition of the software, you may install and use any number of
copies of the software on your devices. You may use the Evaluation Edition of
the software, or the Enterprise Edition or Standard Edition of the software without
entering the accompanying Product Identification Number, 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), 3. (Installation and
Use Rights), 4.a. (Client Access Licenses (CALs)), 4.b. (Multiplexing), 10
(Backup Copy), 11 (Documentation), 12 (Not For Resale Software), 13 (Downgrade),
14 (Transfer to a Third Party) 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. INSTALLATION
AND 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. A hardware partition or blade is considered to be a
separate 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
one instance of the server software in one physical or virtual operating system
environment on the licensed server at a time.
c. Running
Instances of the Additional Software. You may
run or otherwise use any number of instances of additional software listed
below 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 above (e.g., you may not distribute instances to third parties).
4. ADDITIONAL
LICENSING REQUIREMENTS AND/OR USE RIGHTS.
a.
Client Access Licenses (CALs).
i.
In addition to the server
software license, you must acquire the appropriate CAL for each device or user
that accesses your instances of the server software directly or indirectly.
However, you do not need a CAL for
·
any of your servers licensed to run instances of the server
software; or
·
up to two devices or users to access instances of the server
software only to administer those instances.
ii.
Your CALs permit access to instances
of earlier versions, but not later versions, of the server software.
iii. Types of CALs.
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.
iv.
Reassignment of CALs. You may
·
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.
v.
Exchange Server 2007 Enterprise CALs.
·
In addition to needing an Exchange Server 2007 Standard CAL, you
need an Exchange Server 2007 Enterprise CAL for each user or device that
directly or indirectly accesses the Exchange Server 2007 Unified Messaging and
Compliance Functionality.
b.
Multiplexing. Hardware or
software you use to
·
pool connections, or
·
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 you need.
c. No
Separation of Software. You may not use the
server software 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. 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.
5. INTERNET-BASED
SERVICES. Microsoft provides Internet-based
services with the software. It may change or cancel them at any time.
6. INCLUDED
MICROSOFT PROGRAMS. The software contains
other Microsoft programs. The license terms with those programs apply to your
use of them.
7. MICROSOFT
WINDOWS SOFTWARE. The software contains the
Microsoft Active Directory Application Mode software. This software is part of
Windows. The license terms for Windows apply to your use of this 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. 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 server software do not give you any right
to implement Microsoft patents or other Microsoft intellectual property in
software or devices that access the server.
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. DOWNGRADE. Instead of creating, storing and
using instances of the software, you may create, store and use instances of an
earlier version. This agreement applies to your use of the earlier version.
If the earlier version includes different components, any terms for those
components in the agreement that comes with the earlier version apply to your
use of them. Microsoft is not obligated to supply earlier versions to
you. At any time, you may replace an earlier version with this version of the
software.
14. TRANSFER TO A THIRD
PARTY. The first user of the software may transfer it, this agreement, and
CALs, directly to a third party. Before the transfer, that party must agree
that this agreement applies to the transfer and use of the software. The first
user may not retain any instances of the software unless that user also retains
another license for the software.
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.
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/mscorp/productrefund/refund.asp.
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.