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MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT WINDOWS HOME SERVER WITH POWER PACK 1
These license terms are an agreement between
you and
· The server manufacturer that distributes
the software with the server; or
· The software installer that distributes
the software with the server.
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. If you obtain updates or supplements
directly from Microsoft, Microsoft, and not
the manufacturer or installer, licenses those
to you.
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
refund policy for a refund or credit.
As described below, using some features also
operates as your consent to the transmission
of certain standard computer information for
Internet-based services.
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 can be installed
on devices and used with the server software.
b. License Model. The software is licensed
based on
· the number of copies of server software
that you install; and
· the number of devices and users that
access the server software.
c. Definitions.
· Server. A server is a physical hardware
system or device capable of running server
software.
2. INSTALLATION AND USE RIGHTS.
a. Server Software. You may install and use
one copy of the server software on a single
server. You may create up to 10 accounts
('User Accounts') that can access and use the
server software. You may reassign a User
Account at any time from user to user
provided the reassignment does not result in
more than 10 User Accounts at any one time.
b. Additional Software.
· Windows Home Server Connector - You may
install and use the Windows Home Server
Connector software on up to 10 of your
personal computers. Each personal computer on
which you install this software must be on
the same local area network as your server
software. You may use this software only with
the server software.
· Windows Home Server Home Computer Restore -
You may install and use the Windows Home
Server Home Computer Restore software on each
personal computer on which you have
previously installed the Windows Home Server
Connector software. You may only restore the
backup image to the same personal computer
from which the backup was created. You may
use this software only with the server
software.
c. Included Microsoft Programs. The software
contains other Microsoft programs. These
license terms apply to your use of those
programs.
d. Functionality Limitations.
· Active Directory - You may not use the
server software as a domain controller or
otherwise make use of DCPromo.exe. You also
may not join the server software to any
Active Directory domain.
· Terminal Services - You may only use
Terminal Services functionality to the extent
required to manage the server software in
Remote Administration Mode. You may not use
Terminal Services for any other purpose.
· Server Roles - You may not use server
roles other than the roles that are already
enabled during the server setup process.
3. ADDITIONAL LICENSING REQUIREMENTS AND/OR
USE RIGHTS.
a. 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 you need.
b. Font Components. While the software is
running, you may use its fonts to display and
print content. You may only
· Embed fonts in content as permitted by the
embedding restrictions in the fonts; and
· Temporarily download them to a printer or
other output device to print content
c. Additional Functionality. Microsoft may
provide additional functionality for the
software. Other license terms and fees may
apply.
4. MANDATORY ACTIVATION. Activation
associates the use of the software with a
specific device. During activation, the
software will 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 <http://go.microsoft.
com/fwlink/?LinkId=81033>. By using the
software, you consent to the transmission of
this information. Before you activate, you
have the right to use the version of the
software installed during the installation
process. Your right to use the software after
30 days is limited unless it is activated.
This is to prevent its unlicensed use. You
will not be able to continue using the
software after that time if you do not
activate it. You can 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. The software will
remind you to activate it until you do.
5. INTERNET-BASED SERVICES. Microsoft
provides Internet-based services with the
software. It may change or cancel them at any
time.
a. Consent for Internet-Based Services. The
software features described below 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, see <http://go.microsoft.
com/fwlink/?LinkId=81033>. By using these
features, you consent to the transmission of
this information. Microsoft does not use the
information to identify or contact you.
Computer Information. 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 and name
and version of the software you are using,
and the language code of the device where you
installed the software. Microsoft uses this
information to make the Internet-based
services available to you.
· Web Content Features. Features in the
software can retrieve related content from
Microsoft and provide it to you. To provide
the content, these features send to Microsoft
the type of operating system, name and
version of the software you are using, type
of browser and language code of the device
where you installed the software. Examples of
these features are clip art, templates,
online training, online assistance and
Appshelp. You may choose not to use these web
content features.
· Digital Certificates. The software uses
digital certificates. These digital
certificates confirm the identity of Internet
users sending X.509 standard encrypted
information. The software retrieves
certificates and updates certificate
revocation lists. These security features
operate only when you use the Internet.
· Auto Root Update. The Auto Root Update
feature updates the list of trusted
certificate authorities. You can switch off
the Auto Root Update feature
· Windows Media Digital Rights Management.
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'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.
· Windows Media Player. When you use Windows
Media Player, it checks with Microsoft for
· compatible online music services in your
region;
· new versions of the player; and
· codecs if your device does not have the
correct ones for playing content.
You can switch off this last feature. For
more information, go to <http://go.microsoft.
com/fwlink/?LinkId=51331>.
· Windows Time Service. This service
synchronizes with time.windows.com 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.
· Windows Update Feature. During setup, the
software will automatically download and
install relevant important updates from
Windows Update. This is a one-time, mandatory
install intended to provide you with the most
recent important updates for the software.
For more information about Windows Update and
your privacy, see <http://go.microsoft.
com/fwlink/?LinkId=81204>.
b. Use of Information. We may use the
information sent by these features to improve
our software and services. We may also share
it with others, such as hardware and software
vendors. They may use the information to
improve how their products run with Microsoft
software.
c. Misuse of Internet-based Services. You
may not use these services in any way that
could harm them or impair anyone else's use
of them. You may not use the services to try
to gain unauthorized access to any service,
data, account or network by any means.
6. MICROSOFT .NET FRAMEWORK BENCHMARK
TESTING. The software includes one or more
components of the .NET Framework 2.0 ('.NET
Components'). 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
<http://go.microsoft.com/fwlink/?
LinkID=66406>. 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 <http://go.microsoft.com/fwlink/?
LinkID=66406>.'
7. SCOPE OF LICENSE. The software is
licensed, not sold. This agreement only gives
you some rights to use the software. The
manufacturer or installer 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.
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;
· use the software's files and components
within another operating system or
application running on another operating
system;
· make more copies of the software than
specified in this agreement or allowed by
applicable law, despite this limitation;
· publish the software for others to copy;
· rent, lease or lend the software; or
· use the software for commercial software
hosting services.
Rights to access the software on any device
do not give you any right to implement
Microsoft patents or other Microsoft
intellectual property in software or devices
that access that device.
8. REMOTE ACCESS FEATURES. You are
responsible for making sure that your use of
Windows Home Server's remote access features
complies with your broadband providers' terms
of service. You may need to add services from
your broadband provider to use Windows Home
Server's remote access features. For example,
you will need certain 'ports' to be open to
use these features, and some broadband
providers block those ports for customers on
some service plans. Also, some broadband
providers' terms of service may limit or
prohibit setting up and running of 'servers'
on their networks by some customers on some
service plans. Please contact your broadband
provider if you have questions about their
terms of service.
9. BACKUP COPY. You may make one backup copy
of the software media. You may use it only to
reinstall the software.
10. DOCUMENTATION. Any person that has valid
access to your computer or internal network
may copy and use the documentation for your
internal, reference purposes.
11. PROOF OF LICENSE. If you acquired the
software on a server or on a disc or other
media, a genuine Certificate of Authenticity
label with a genuine copy of the software
identifies licensed software. To be valid,
this label must be affixed to the server or
appear on the manufacturer's or installer'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 www.
howtotell.com <http://www.howtotell.com>.
12. TRANSFER TO A THIRD PARTY. The first
user of the software may transfer it only
with the licensed server, the Certificate of
Authority label, 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 the
software. The first user may not retain any
instances of the software unless that user
also retains another license for the software.
13. NOTICE ABOUT THE MPEG-4 VISUAL STANDARD.
This software includes MPEG-4 visual decoding
technology. This technology is a format for
data compression of video information. MPEG
LA, L.L.C. requires this notice:
USE OF THIS PRODUCT IN ANY MANNER THAT
COMPLIES WITH THE MPEG 4 VISUAL STANDARD IS
PROHIBITED, EXCEPT FOR USE DIRECTLY RELATED
TO (A) DATA OR INFORMATION (i) GENERATED BY
AND OBTAINED WITHOUT CHARGE FROM A CONSUMER
NOT THEREBY ENGAGED IN A BUSINESS ENTERPRISE,
AND (ii) FOR PERSONAL USE ONLY; AND (B) OTHER
USES SPECIFICALLY AND SEPARATELY LICENSED BY
MPEG LA, L.L.C.
If you have questions about the MPEG-4
visual standard, please contact MPEG LA, L.L.
C., 250 Steele Street, Suite 300, Denver,
Colorado 80206; www.mpegla.com <http://www.
mpegla.com>.
14. NOTICE ABOUT THE VC-1 VISUAL STANDARD.
This software may include VC-1 visual
decoding technology. MPEG LA, L.L.C. requires
this notice:
THIS PRODUCT IS LICENSED UNDER THE VC-1
PATENT PORTFOLIO LICENSES FOR THE PERSONAL
AND NON-COMMERCIAL USE OF A CONSUMER TO (A)
ENCODE VIDEO IN COMPLIANCE WITH THE VC-1
STANDARD ('VC-1 VIDEO') OR (B) DECODE 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 VC-1 VIDEO. NO LICENSE IS
GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE.
If you have questions about the VC-1 visual
standard, please contact MPEG LA, L.L.C., 250
Steele Street, Suite 300, Denver, Colorado
80206; www.mpegla.com <http://www.mpegla.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. Contact the
manufacturer or installer for support options.
Refer to the support number provided with the
software.
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.
Except for any refund the manufacturer or
installer may provide, 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
· the manufacturer or installer, 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 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. 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 the reasonable control of the
manufacturer or installer, or Microsoft.
D. 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 shown on your receipt
for the software and the server. The
manufacturer 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.
E. CONSUMER RIGHTS NOT AFFECTED. You may
have additional consumer rights under your
local laws, which this agreement cannot
change.
F. WARRANTY PROCEDURES. Contact the
manufacturer or installer to find out how to
obtain warranty service for the software. For
a refund, you must provide a copy of your
receipt, the original Certificate of
Authenticity label must be on the server or
the software packaging, and you must comply
with the manufacturer's or installer's return
policies.
G. NO OTHER WARRANTIES. The limited warranty
is the only direct warranty from the
manufacturer or installer, or Microsoft. 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. 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. |
