0byt3m1n1
Path:
C:
/
Windows
/
SysWOW64
/
Licenses
/
neutral
/
OEM
/
ServerStorageStandard
/
[
Home
]
File: license.rtf
{\rtf1\ansi\ansicpg1252\deff0\deflang1033\deflangfe1033{\fonttbl{\f0\fnil\fcharset0 Segoe UI;}} {\stylesheet{ Normal;}{\s1 heading 1;}{\s2 heading 2;}} {\*\generator Msftedit 5.41.21.2510;}\viewkind4\uc1\pard\nowidctlpar\sa200\b\f0\fs22 MICROSOFT SOFTWARE LICENSE TERMS\par \pard\brdrb\brdrs\brdrw10\brsp20 \nowidctlpar\sa200 MICROSOFT WINDOWS STORAGE SERVER 2012 R2 STANDARD\par \pard\nowidctlpar\sa200\b0 These license terms are an agreement between you and:\par \pard\nowidctlpar\sa200\tx540\'b7\tab the server manufacturer that distributes the software with the server; or\par \'b7\tab the software installer that distributes the software with the server.\par \pard\nowidctlpar\sa200 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:\par \pard\nowidctlpar\sa200\tx540\'b7\tab updates,\par \'b7\tab supplements,\par \'b7\tab Internet-based services, and\par \'b7\tab support services\par \pard\nowidctlpar\sa200 for this software, unless other terms accompany those items. If so, those terms apply. If you obtain updates or supplements directly from Microsoft, Microsoft, and not the manufacturer or installer, licenses those to you. Printed paper license terms, which may come with the software, take the place of any on-screen license terms.\par \b By using the software, you accept these terms. If you do not accept them, do not use the software. Instead, contact the manufacturer or installer to determine its return policy for a refund or credit.\par As described below, using some features also operates as your consent to the transmission of certain standard computer information for Internet-based services.\par \pard\brdrt\brdrs\brdrw10\brsp20 \nowidctlpar\sa200 If you comply with these license terms, you have the rights below for each software license you acquire.\par \pard\nowidctlpar\fi-540\li540\sa200\tx540 1.\tab OVERVIEW.\par \pard\nowidctlpar\fi-540\li1080\sa200\tx1080 a.\tab Software. \b0 The software includes:\b\par \pard\nowidctlpar\fi-540\li1620\sa200\tx1620\b0\'b7\tab server software; and\par \'b7\tab additional software that may only be used with the server software.\par \pard\nowidctlpar\fi-540\li1080\sa200\tx1080\b b.\tab License Model. \b0 The software is licensed based on:\b\par \pard\nowidctlpar\fi-540\li1620\sa200\tx1620\b0\'b7\tab the number of instances of server software that you run; and\par \'b7\tab the number of processors in the physical hardware.\par \pard\nowidctlpar\fi-540\li1080\sa200\tx1080\b c.\tab Licensing Terminology.\par \pard\nowidctlpar\fi-540\li1620\sa200\tx1620\b0\'b7\tab\b Instance.\b0 You create an \ldblquote instance\rdblquote of software by executing the software\rquote s setup or install procedure. You also create an instance of software by duplicating an existing instance. References to software in this agreement include \ldblquote instances\rdblquote of the software.\par \'b7\tab\b Run an Instance.\b0 You \ldblquote run an instance\rdblquote 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.\par \'b7\tab\b Operating System Environment.\b0 An \ldblquote operating system environment\rdblquote is:\par \pard\nowidctlpar\fi-547\li2174\sa200\tx1440 (i)\tab all or part of an operating system instance, or all or part of a virtual (or otherwise emulated) operating system instance that enables separate machine identity (primary computer name or similar unique identifier) or separate administrative rights, and\par (ii)\tab instances of applications, if any, configured to run on the operating system instance or parts identified above.\par \pard\nowidctlpar\li1627\sa200 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 technologies 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.\par A physical hardware system can have either or both of the following:\par \pard\nowidctlpar\fi-547\li2174\sa200\tx1440 (i)\tab one physical operating system environment, and\par (ii)\tab one or more virtual operating system environments. \par \pard\nowidctlpar\fi-540\li1620\sa200\tx1620\'b7\tab\b Server.\b0 A server is a physical hardware system or device capable of running server software. A hardware partition or blade is considered to be a separate physical hardware system.\par \'b7\tab\b Assigning a License.\b0 To assign a license means simply to designate that license to one device or user.\par \pard\nowidctlpar\fi-540\li540\sa200\tx540\b 2.\tab USE RIGHTS.\par \pard\nowidctlpar\fi-540\li1080\sa200\tx1080 a.\tab Assignment of the License to the Server.\b0 The software license is permanently assigned to the server with which you acquired the software. That server is the licensed server for that particular license. A hardware partition or blade is considered to be a separate server. You may not assign the same license to more than one server.\par \pard\nowidctlpar\s2\fi-540\li1620\sa200\tx1080\b b.\tab Running Instances of the Server Software.\b0 You may run, at any one time:\par \pard\nowidctlpar\fi-540\li1620\sa200\tx1620\'b7\tab one instance of the server software in one physical operating system environment, and \par \'b7\tab for each license you assign to the server, up to two instances of the server software in virtual operating system environments (only one instance per virtual operating system environment).\par \pard\keepn\nowidctlpar\li1080\sa200\b If you run all permitted instances at the same time, the instance of the server software running in the physical operating system environment may be used only to:\par \pard\nowidctlpar\fi-540\li1620\sa200\tx1620\b0\'b7\tab run hardware virtualization software,\par \'b7\tab provide hardware virtualization services,\par \'b7\tab run software to manage and service operating system environments on the licensed server.\par \pard\nowidctlpar\s2\fi-540\li1080\sa200\tx1080\b c.\tab Running Instances of the Additional Software.\b0 You may run or otherwise use any number of instances of additional software listed on the website specified below in physical or virtual operating system environments on any number of devices. You may use additional software only with the server software. Tools not listed in the additional software list are not licensed for use with this server software. For a list of additional software, visit \ul go.microsoft.com/fwlink/?LinkId=290989\ulnone . \par \b d.\tab Creating and Storing Instances on Your Servers or Storage Media.\b0 For each software license you acquire, you may create and store any number of instances of the software on any of your servers or storage media. This may be done solely to exercise your right to run instances of the software under any of your licenses as described in the applicable use rights (e.g., you may not distribute instances to third parties).\par \b e.\tab Included Microsoft Programs. \b0 The software contains other Microsoft programs. These license terms apply to your use of those programs.\b \b0\par \pard\nowidctlpar\fi-540\li540\sa200\tx540\b 3.\tab ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.\par \pard\nowidctlpar\s2\fi-540\li1080\sa200\tx1080 a.\b0\tab\b Specific Use\b0 . The manufacturer or installer designed this server for a specific use. You may only use the software for that use. You may not use the software to support additional software programs or functions, other than utilities or similar software used solely for administration, performance enhancement, preventative maintenance, or to provide complimentary data storage functionality for this server.\par \b b.\tab Limitation on Functions Supported by the Software\b0 . The manufacturer or installer licenses you to use the server software to support only the base functions as provided and installed on this server. You are not licensed to use the server to run or support:\par \pard\nowidctlpar\fi-540\li1620\sa200\'b7\tab enterprise database software (such as Microsoft SQL Server), except non-enterprise engines such as Microsoft SQL Server Express Edition. The server software also may run or support enterprise database engines (including Microsoft SQL Server) that are integrated in and used only to support the server software as part of the specific use for which the manufacturer or installer designed this server,\par \'b7\tab enterprise resource planning (ERP) software,\par \'b7\tab messaging or enterprise mail,\par \'b7\tab Microsoft Exchange or Microsoft SharePoint Portal Server,\par \'b7\tab team collaboration software, and/or\par \'b7\tab web-based time management applications that address appointment, meeting and other calendar items. \par \pard\nowidctlpar\s2\li1080\sa200\tx720 These limitations do not restrict use of the server for data management (such as providing storage and backup functions) for the software identified above. \par \pard\nowidctlpar\s2\fi-540\li1080\sa200\tx1080\b c.\b0\tab\b No Windows Server CALs Required\b0 . Servers that access or use functions of Windows Storage Server software licensed under these license terms do not require a client access license (CAL) for Windows Server. Obtaining a CAL for any Microsoft product does not grant you rights to use functions of the server software not licensed under these license terms.\par \b d.\tab Font Components.\b0 While the software is running, you may use its fonts to display and print content. You may only:\par \pard\nowidctlpar\fi-540\li1620\sa200\'b7\tab embed fonts in content as permitted by the embedding restrictions in the fonts; and\par \'b7\tab temporarily download them to a printer or other output device to print content.\par \pard\nowidctlpar\s2\fi-540\li1080\sa200\tx1080\b e.\tab Icons, images, and sounds.\b0 While the software is running, you may use but not share its icons, images, sounds, and media. The sample images, sounds, and media provided with the software are for your non-commercial use only.\par \b f.\tab No Separation of Server Software. \b0 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.\b\par g.\tab Additional Functionality. \b0 Microsoft may provide additional functionality for the software. Other license terms and fees may apply.\b\par h.\b0\tab\b Maximum Instances\b0 . The software or your hardware may limit the number of instances of the server software that can run in physical or virtual operating system environments on the server.\b\par \pard\nowidctlpar\fi-540\li540\sa200\tx540 4.\tab MANDATORY ACTIVATION. \b0 Activation associates the use of the software with a specific device. During activation, the software may send information about the software and the device to Microsoft. This information includes the version, language, and product key of the software, the Internet protocol address of the device, and information derived from the hardware configuration of the device. For more information, see \ul microsoft.com/piracy/\ulnone . \b By using the software, you consent to the transmission of this information.\b0 If properly licensed, you have the right to use the version of the software installed during the installation process up to the time permitted for activation. \b Unless the software is activated, you have no right to use the software after the time permitted for activation.\b0 This is to prevent its unlicensed use. \b You are not permitted to bypass or circumvent activation.\b0 If the device is connected to the Internet, the software may automatically connect to Microsoft for activation. You can also activate the software manually by Internet or telephone. If you do so, Internet and telephone service charges may apply. Some changes to your computer components or the software may require you to reactivate the software. \b The software may remind you to activate it until you do. \par 5.\tab VALIDATION.\par \pard\nowidctlpar\s2\fi-540\li1080\sa200\tx1080 a.\b0\tab If the manufacturer or installer activated the software for you, you may not be asked to activate the software when you first use it. The software will from time to time validate the software and update or require download of the validation feature of the software. Validation verifies that the software has been activated and is properly licensed. Validation also permits you to use certain features of the software or to obtain additional benefits. For more information, see \ul go.microsoft.com/fwlink/?linkid=39157\ulnone .\b\par b.\tab\b0 During a validation check, the software will send information about the software and the device to Microsoft. This information includes the version and product key of the software, and the Internet protocol address of the device. Microsoft does not use the information to identify or contact you. By using the software, you consent to the transmission of this information. For more information about validation and what is sent during a validation check, see \ul go.microsoft.com/fwlink/?linkid=69500\ulnone .\b\par c.\tab\b0 If, after a validation check, the software is found not to be properly licensed, the functionality of the software may be affected. For example, you may:\par \pard\nowidctlpar\fi-540\li1620\sa200\tx1620\'b7\tab need to reactivate the software, or\par \'b7\tab receive reminders to obtain a properly licensed copy of the software,\par or you may not be able to:\par \'b7\tab use or continue to use some of the features of the software, or\par \'b7\tab obtain certain updates or upgrades from Microsoft.\par \pard\nowidctlpar\s2\fi-540\li1080\sa200\tx1080\b d.\tab\b0 You may only obtain updates or upgrades for the software from Microsoft or authorized sources. For more information on obtaining updates from authorized sources, see \ul go.microsoft.com/fwlink/?linkid=69502\ulnone .\par \pard\nowidctlpar\fi-540\li540\sa200\tx540\b 6.\tab INTERNET-BASED SERVICES. \b0 Microsoft provides Internet-based services with the software. It may change or cancel them at any time.\b\par \pard\nowidctlpar\s2\fi-540\li1080\sa200\tx1080 a.\tab Consent for Internet-Based Services.\b0 The software features described below and in the Windows Storage\b \b0 Server Privacy Highlights connect to Microsoft or service provider computer systems over the Internet. In some cases, you will not receive a separate notice when they connect. You may switch off these features or not use them. For more information about these features, visit \ul go.microsoft.com/fwlink/?LinkID=280262\ulnone . \b By using these features, you consent to the transmission of this information. \b0 Microsoft does not use the information to identify or contact you.\par \pard\nowidctlpar\li1080\sa200\tx1080\ul Computer Information\ulnone . The following features use Internet protocols, which send to the appropriate systems computer information, such as your Internet protocol address, the type of operating system, browser, the name and version of the software you are using, and the language code of the device where you run the software. Microsoft uses this information to make the Internet-based services available to you.\par \pard\nowidctlpar\fi-540\li1620\sa200\tx1620\'b7\tab\ul Windows (or Microsoft) Update Feature\ulnone . You may connect new hardware to the device where the software is installed. 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.\par \'b7\tab\ul Web Content Features\ulnone . Features in the software can retrieve related content from Microsoft and provide it to you. Examples of these features are clip art, templates, online training, online assistance, and Appshelp. You may choose not to use these web content features. \par \'b7\tab\ul Digital Certificates\ulnone . The software uses digital certificates. These digital certificates confirm the identity of Internet users sending X.509 standard encrypted information. They also can be used to digitally sign files and macros, to verify the integrity and origin of the file contents. The software retrieves certificates and updates certificate revocation lists using the Internet, when available.\par \'b7\tab\ul Auto Root Update\ulnone . The Auto Root Update feature updates the list of trusted certificate authorities. You can switch off the Auto Root Update feature.\par \'b7\tab\ul Windows Media Digital Rights Management\ulnone . Content owners use Windows Media Digital Rights Management Technology (WMDRM) to protect their intellectual property, including copyrights. This 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\rquote 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.\par \'b7\tab\ul Windows Media Player\ulnone . When you use Windows Media Player, it checks with Microsoft for:\par \pard\nowidctlpar\fi-547\li2174\sa200\tx1080\tx1440\'b7\tab compatible online music services in your region;\par \'b7\tab new versions of the player; and\par \'b7\tab codecs if your device does not have the correct ones for playing content.\par \pard\nowidctlpar\li1627\sa200 You can switch off this last feature. For more information, visit \ul www.microsoft.com/windows/windowsmedia/player/12/privacy.aspx\ulnone .\ul\par \pard\nowidctlpar\fi-540\li1620\sa200\tx1620\ulnone\'b7\tab\ul Network Awareness\ulnone . This feature determines whether a system is connected to a network by either passive monitoring of network traffic or active DNS or HTTP queries. The query only transfers standard TCP/IP or DNS information for routing purposes. You can switch off the active query feature through a registry setting.\par \'b7\tab\ul Windows Time Service\ulnone . This service synchronizes with \ul time.windows.com\ulnone once a week to provide your computer with the correct time. You can turn this feature off or choose your preferred time source within the Date and Time Control Panel applet. The connection uses standard NTP protocol.\par \'b7\tab\ul IPv6 Network Address Translation (NAT) Traversal service (Teredo)\ulnone . This feature helps existing home Internet gateway devices transition to IPv6. IPv6 is a next-generation Internet protocol. It helps enable end-to-end connectivity often needed by peer-to-peer applications. To do so, each time you start up the software, the Teredo client service\b\i \b0\i0 will attempt to locate a public Teredo Internet service. It does so by sending a query over the Internet. This query only transfers standard\b\i \b0\i0 Domain Name Service information to determine if your computer is connected to the Internet and can locate a public Teredo service. If you:\par \pard\nowidctlpar\fi-547\li2174\sa200\tx1080\tx1440\'b7\tab use an application that needs IPv6 connectivity, or\par \'b7\tab configure your firewall to always enable IPv6 connectivity\par \pard\nowidctlpar\li1627\sa200 by default, standard Internet Protocol information will be sent to the Teredo service at Microsoft at regular intervals. No other information is sent to Microsoft. You can change this default to use non-Microsoft servers. You can also switch off this feature using a command line utility named \ldblquote netsh\rdblquote . \par \pard\nowidctlpar\fi-540\li540\sa200\tx540\b 7.\tab DATA STORAGE TECHNOLOGY. \b0 The server software may include data storage technology called Windows Internal Database. Components of the server software use this technology to store data. You may not otherwise use or access this technology under this agreement. \b\par 8.\tab MICROSOFT .NET BENCHMARK TESTING.\b0 The software includes one or more components of the .NET Framework (\ldblquote .NET Components\rdblquote ). 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 \ul go.microsoft.com/fwlink/?LinkID=66406\ulnone . 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 \ul go.microsoft.com/fwlink/?LinkID=66406\ulnone .\b\par 9.\tab SCOPE OF LICENSE. \b0 The software is licensed, not sold. This agreement only gives you some rights to use the software. The manufacturer or installer,\b \b0 and Microsoft reserve 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 the software documentation or contact the manufacturer or installer. You may not:\b\par \pard\nowidctlpar\fi-540\li1080\sa200\tx360\tx1080\b0\'b7\tab work around any technical limitations in the software;\par \'b7\tab reverse engineer, decompile, or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;\par \'b7\tab use the software\rquote s files and components within another operating system or application running on another operating system;\par \'b7\tab make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;\par \'b7\tab publish the software for others to copy;\par \'b7\tab rent, lease or lend the software; or\par \'b7\tab use the software for commercial software hosting services.\par \pard\nowidctlpar\li540\sa200\tx540 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.\par \pard\nowidctlpar\fi-540\li540\sa200\tx540\b 10.\tab BACKUP COPY.\b0 You may make one backup copy of the software media. You may only restore the backup image to the same server from which the backup was created. You may use it only to create instances of the software.\b\par 11.\tab DOCUMENTATION.\b0 Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.\b\par 12.\tab PROOF OF LICENSE.\b0 If you acquired the software on the server, a disc, or other media, your proof of license is the genuine Certificate of Authenticity label that comes with the server. To be valid, this label must be affixed to the server or appear on the manufacturer\rquote s or installer\rquote s software packaging. If you receive the label separately, it is invalid. You should keep the label on the server or packaging to prove that you are licensed to use the software. To identify genuine Microsoft software, see \ul www.howtotell.com\ulnone . \b\par 13.\tab TRANSFER TO A THIRD PARTY.\b0 You may transfer the software only with the licensed server, the Certificate of Authenticity label, and this agreement, directly to a third party. Before any permitted transfer, the other party must agree that this agreement applies to the transfer and use of the software. You may not retain any instances of the software unless you also retain another license for the software.\par \b 14.\tab NOTICE ABOUT THE\caps H.264/AVC VIDEO \caps0 STANDARD AND THE\caps VC-1 \caps0 VIDEO STANDARD\b0 .\b \b0 This software includes H.264/ AVC and VC-1 visual compression technology. MPEG LA, L.L.C. requires this notice: \par \pard\nowidctlpar\li540\sa200 THIS PRODUCT IS LICENSED UNDER THE H.264/AVC AND THE VC-1 VIDEO PATENT PORTFOLIO LICENSES FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE ABOVE STANDARDS (\ldblquote VIDEO STANDARDS\rdblquote ) AND/OR (ii) DECODE H.264/AVC AND 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 SUCH VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. \par If you have questions about the Video Standards, further information may be obtained from MPEG LA, LLC; see \ul www.mpegla.com\ulnone .\par \pard\nowidctlpar\fi-540\li540\sa200\tx540\b 15.\tab EXPORT RESTRICTIONS. \b0 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 \ul www.microsoft.com/exporting\ulnone .\par \b 16.\tab SUPPORT SERVICES. \b0 Contact the manufacturer or installer for support options. Refer to the support number provided with the software. For updates and supplements obtained directly from Microsoft, Microsoft provides support as described at \ul www.support.microsoft.com/common/international.aspx\ulnone .\par \b 17.\tab ENTIRE AGREEMENT. \b0 This agreement (including the warranty below), and the terms for supplements, updates, and Internet-based services and support services that you use, are the entire agreement for the software and support services.\par \b 18.\tab APPLICABLE LAW.\b0\par \pard\nowidctlpar\fi-540\li1080\sa200\tx1080\'b7\b\tab United States. \b0 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\par \b0\'b7\b\tab Outside the United States. \b0 If you acquired the software in any other country, the laws of that country apply.\par \pard\nowidctlpar\fi-540\li540\sa200\tx540\b 19.\tab LEGAL EFFECT. \b0 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.\par \b 20.\tab SECONDARY BOOT AND RECOVERY COPIES OF THE SOFTWARE\par \pard\nowidctlpar\fi-540\li1080\sa200\tx1080\b0\'b7\tab\b Secondary Boot Copy.\b0 If a secondary boot copy of the server software is installed on the device, you may access, boot from, display, and run it solely in the event of a failure, malfunction, or corruption of the primary operating copy of the server software, and only until the primary operating copy has been repaired or reinstalled. You are not licensed to boot from and use both the primary operating copy and the secondary boot copy of the server software at the same time.\par \'b7\tab\b Recovery Copy. \b0 You may use any recovery copy of the server software provided solely to repair or reinstall the server software on the device.\par \pard\nowidctlpar\fi-540\li540\sa200\tx540\b 21.\tab LEASED HARDWARE.\b0 If you lease the device from the manufacturer or installer, the following additional terms shall apply: (i) you may not transfer the software to another user as part of the transfer of the device, whether or not a permanent transfer of the software with the device is otherwise allowed in these license terms; (ii) your rights to any software upgrades shall be determined by the lease you signed for the device; and (iii) you may not use the software after your lease terminates, unless you purchase the device from the manufacturer or installer.\par \b 22\b0 .\tab\b NOT FAULT TOLERANT.\b0 \b The software is not fault tolerant. The manufacturer or installer installed the software on the device and is responsible for how it operates on the device.\b0\par \b 23.\b0\tab\b RESTRICTED USE.\b0 The Microsoft software was designed for systems that do not require fail-safe performance. You may not use the Microsoft software in any device or system in which a malfunction of the software would result in foreseeable risk of injury or death to any person.\par \b 24.\tab LIMITATION ON AND EXCLUSION OF DAMAGES. Except for any refund the manufacturer or installer may provide, you cannot recover any damages, including consequential, lost profits, special, indirect, or incidental damages\b0 .\par \pard\nowidctlpar\li540\sa200 This limitation applies to:\par \pard\nowidctlpar\fi-540\li1080\sa200\tx1080\'b7\tab anything related to the software, services, content (including code) on third-party Internet sites, or third-party programs; and\par \'b7\tab claims for breach of contract, breach of warranty, guarantee, or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.\par \pard\nowidctlpar\li540\sa200 It also applies even if:\par \pard\nowidctlpar\fi-540\li1080\sa200\tx1080\'b7\tab repair, replacement, or a refund for the software does not fully compensate you for any losses; or\par \'b7\tab the manufacturer or installer, or\b \b0 Microsoft knew or should have known about the possibility of the damages.\par \pard\nowidctlpar\li540\sa200 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.\par \pard\nowidctlpar\sa200\qc\page\b\par ***************************************************************************\par LIMITED WARRANTY\par \pard\nowidctlpar\fi-540\li540\sa200\tx540 A.\tab LIMITED WARRANTY.\b0 If you follow the instructions, the software will perform substantially as described in the Microsoft materials that you receive in or with the software.\par \pard\nowidctlpar\li540\sa200 References to \ldblquote limited warranty\rdblquote are references to the express warranty provided by the manufacturer or installer. This warranty is given in addition to other rights and remedies you may have under law, including your rights and remedies in accordance with the statutory guarantees under local Consumer Law.\b\par \pard\nowidctlpar\fi-540\li540\sa200\tx540 B.\tab TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES. The limited warranty covers the software for 90 days after acquired by the first user. If you receive supplements, updates, or replacement software during those 90 days, they will be covered for the remainder of the warranty or 30 days, whichever is longer.\b0 If you transfer the software, the remainder of the warranty will apply to the recipient\b .\par \pard\nowidctlpar\li540\sa200 To the extent permitted by law, any implied warranties, guarantees, or conditions last only during the term of the limited warranty.\b0 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.\par \pard\nowidctlpar\fi-540\li540\sa200\tx540\b C.\tab EXCLUSIONS FROM WARRANTY.\b0 This warranty does not cover problems caused by your acts (or failures to act), the acts of others, or events beyond the reasonable control of the manufacturer or installer, or Microsoft.\b\par D.\tab REMEDY FOR BREACH OF WARRANTY. The manufacturer or installer will, at its election, either (i) repair or replace the software at no charge, or (ii) accept return of the software together with the server for a refund of the amount paid, if any. The manufacturer or installer may also repair or replace supplements, updates, and replacement software or provide a refund of the amount you paid for them, if any. Contact the manufacturer or installer about its policy. These are your only remedies for breach of the limited warranty.\par E.\tab CONSUMER RIGHTS NOT AFFECTED. You may have additional consumer rights under your local laws, which this agreement cannot change.\par F.\tab WARRANTY PROCEDURES. \b0 Contact the manufacturer or installer to find out how to obtain warranty service for the software. For a refund, you must comply with the manufacturer\rquote s or installer\rquote s return policies. \b\par G.\tab NO OTHER WARRANTIES. The limited warranty is the only direct warranty from the manufacturer or installer. The manufacturer or installer, and Microsoft give no other express warranties, guarantees, or conditions. Where allowed by your local laws, the manufacturer or installer, and Microsoft exclude implied warranties of merchantability, fitness for a particular purpose, and non-infringement. \b0 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.\par \pard\nowidctlpar\li540\sa200\b FOR AUSTRALIA ONLY. \lang3081\b0 References to \ldblquote Limited Warranty\rdblquote are references to the warranty provided by the manufacturer or installer. This warranty is given in addition to other rights and remedies you may have under law, including your rights and remedies in accordance with the statutory guarantees under the Australian Consumer Law. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.\par Goods presented for repair may be replaced by refurbished goods of the same type rather than being replaced. Refurbished parts may be used to repair the goods.\par \pard\nowidctlpar\li540\sa200\tx360 For further information regarding this warranty and to claim expenses in relation to the warranty (if applicable), please contact the manufacturer or installer; see the contact information provided in the system packaging.\lang1033\par \pard\nowidctlpar\fi-540\li540\sa200\tx540\b H.\tab 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.\par \pard\nowidctlpar\sa200 This warranty gives you specific legal rights, and you may also have other rights that vary from state to state. You may also have other rights that vary from country to country.\par \b0\par \par \pard\nowidctlpar\sb120\sa120\b0\fs20 EULAID:WSB_R8_1_ED_SRVSSS_O_en-us\par\par }