Winzipper/Winzipper_ISO.iso/nt4.0 server/EULA.TXT

Text File | 1996-07-31 | 20KB | 367 lines

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.