[ale] OT: Win2K Server EULA
James P. Kinney III
jkinney at localnetsolutions.com
Fri Aug 1 14:18:37 EDT 2003
The really nasty EULA's show up in the service packs and hot fixes. In
particular, upgrading the media player was a nasty EULA process. At
least that was the claim in PC Week some time back during the firestorm
of public outcry against the XP EULA.
On Fri, 2003-08-01 at 14:11, hbbs at comcast.net wrote:
> Thanks, John.
>
> I'm not seeing anything in here that could be reasonably construed as "MS can
> get your HDD contents if they want."
>
> Similarly, where is it that one agrees to submit to an audit in accepting the
> EULA? How does the BSA play into this?
>
> - Jeff
> > hbbs at comcast.net wrote:
> >
> > >I can find EULAs for the Supplemental Service Packs online but I'm having
> > >trouble finding the EULA for Win2K itself.
> > >
> > >I'm trying to find a basis for this thing some people say about "MS owning your
> > >hard drive." I'm specifally interested in being able to show how, through the
> > >MS Win2K Server EULA, MS has any way to access or possess hard drive content on
> > >a server operated and properly licensed by a private company.
> > >
> > >Does anyone know enough about this to confirm/refute/explain?
> > >
> > >- Jeff
> > >_______________________________________________
> > >Ale mailing list
> > >Ale at ale.org
> > >http://www.ale.org/mailman/listinfo/ale
> > >
> > >
> > >
> > *********************************************
> > END-USER LICENSE AGREEMENT SERVER LICENSE FOR
> > MICROSOFT WINDOWS 2000 SERVER PRODUCTS
> > *********************************************
> >
> > IMPORTANT-READ CAREFULLY: This 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 may include associated
> > media, printed materials, and "online" or electronic documentation
> > ("Product"). An amendment or addendum to this EULA may accompany the
> > Product. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING,
> > COPYING, OR OTHERWISE USING THE PRODUCT. IF YOU DO NOT AGREE, DO NOT
> > INSTALL OR USE THE PRODUCT; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE
> > FOR A FULL REFUND.
> >
> > The Product may contain the following software:
> > * "Server Software" provides services or functionality on your
> > server (your computers capable of running the Server Software are
> > "Servers");
> > * "Client Software" allows an electronic device ("Device") to
> > access or utilize the Server Software.
> >
> > 1. GRANT OF LICENSE. Microsoft grants you the following rights
> > provided you comply with all terms and conditions of this EULA:
> >
>
> > a. Installation--Server Software. You may install one copy of the
> > Server Software on a single Server. You may not separate component parts
> > of the Server Software for use on more than one Server. A "License Pack"
> > allows you to install additional copies of the Server Software on
> > Servers up to the number of "Licensed Copies" specified above. Client
> > Software. You may install the Client Software on any Devices.
> >
> > b. Processor Limits. You may use the Server Software for Microsoft
> > Windows 2000 Server with up to four CPUs of the Server at any one time.
> > You may use the Server Software for Microsoft Windows 2000 Advanced
> > Server with up to eight CPUs of the Server at any one time.
> >
> > c. Windows 2000 Server Client Access License ("CAL") Requirements.
> > You must acquire a separate CAL for each Device that is used by an
> > "Authenticated User" or that uses "Windows 2000 Server Services"
> > regardless of what software you use. Terminal Services. In addition to a
>
> > CAL, you must acquire a Terminal Services Client Access License ("TS
> > CAL") for each Device that uses "Terminal Services." You do not need to
> > acquire a TS CAL to utilize Terminal Services for Devices running a
> > licensed copy of Windows 2000 Professional. CALs and TS CALs that you
> > acquire may be used only in conjunction with your Server Software.
> > Definitions.
> >
> > * "Authenticated User" is a user who directly or indirectly
> > utilizes the Windows 2000 Server Integrated Sign-On Service or receives
> > credentials from the Windows 2000 Directory Services.
> >
> > * "Windows 2000 Server Services" include File Services (accessing or
> > managing files or disk storage), Printing Services (printing to a
> > printer managed by the Product), Remote Access Service (accessing the
> > Server from a remote location through a communications link, including a
> > virtual private network), and Terminal Services.
> >
> > * "Terminal Services" means (i) using the terminal services feature
>
> > of the Server Software to enable Devices to use software residing on the
> > Server, or (ii) using other software in conjunction with the Server
> > Software to provide similar services.
> >
> > * Version Matching.
> > Any CAL or TS CAL must have the same or later version number than the
> > corresponding version number of the Server Software being used.
> > Administration. You do not need a CAL or TS CAL for administration of
> > the Server Software (including remote administration), for up to two
> > connections to the Server.
> >
> > d. Deploying CALs. You may deploy Windows 2000 CALs in either "Per
> > Seat" or "Per Server" mode. In "Per Seat," you need a separate CAL for
> > each unique Device that accesses or utilizes the Server Software, as
> > described in Section 1.c. above. If you choose Per Seat, your choice is
> > permanent. In "Per Server," the maximum number of Devices which may
> > access or utilize the Server Software at a given point in time equals
>
> > the number of CALs that you acquire and designate for use exclusively
> > with that Server. You have the one-time right to change your use of the
> > Server Software to Per Seat, and if you do so, you may apply any CALs
> > you acquired for use in Per Server to an equal number of Devices for use
> > in Per Seat. When using Terminal Services, the Product may not be used
> > in Per Server.
> >
> > e. Other Licenses. Your use of software applications installed on
> > the Server, or accessed through the Server Software's IntelliMirror,
> > Terminal Services, or application-sharing functionality may require
> > additional licenses -- please consult the license agreement accompanying
> > such software.
> >
> > f. Downgrades. Instead of installing and using the Server Software,
> > you may install and use one copy of an earlier version of the Server
> > Software on a single Server, provided that such earlier version is later
> > than version 3.5, and that you completely remove such earlier version
>
> > and install the original Server Software within a reasonable time. Your
> > use of such earlier version shall be governed by this EULA,
> > and your rights to use such earlier version shall terminate when you
> > install the original Server Software.
> >
> > g. Reservation of Rights. Microsoft reserves all rights not
> > expressly granted to you in this EULA.
> >
> > 2. UPGRADES. To use a Product identified as an upgrade, you must first
> > be licensed for the product identified by Microsoft as eligible for the
> > upgrade. After upgrading, you may no longer use the product that formed
> > the basis for your upgrade eligibility. Product upgrades for a
> > component of Microsoft BackOffice Server or Microsoft BackOffice Small
> > Business Server. When you install the Product, the Product replaces the
> > component being upgraded, and you may use the Product in accordance with
> > the terms of this EULA. The remaining components of BackOffice Server or
> > Small Business Server may only be used in accordance with the terms of
>
> > the Microsoft End User License Agreement that accompanied the original
> > product suite. After an upgrade of BackOffice Server, all products must
> > run on the same Server on which the BackOffice Server is installed,
> > unless the upgrade is an Enterprise or Commerce Edition, in which case
> > you may use the Product as a stand-alone product in accordance with the
> > terms of this EULA. After an upgrade of Small Business Server, the Fax
> > and Modem Software is no longer subject to the connection limitation in
> > the Small Business Server EULA.
> >
> > 3. ADDITIONAL SOFTWARE. This EULA applies to updates or supplements to
> > the original Product provided by Microsoft, unless we provide other
> > terms along with the update or supplement.
> >
> > 4. "MULTIPLEXING." Hardware or software that reduces the number of
> > Devices directly accessing or using the Server Software does not reduce
> > the number of CALs or TS CALs you need. The number you need is based on
>
> > the number of distinct inputs to the hardware or software "front end."
> >
> > 5. TRANSFER-Internal. You may move the Server Software to a different
> > Server. You may also make a one-time transfer of a CAL or TS CAL from
> > one of your Devices to another. Transfer to Third Party. The initial
> > user of the Product may make a one-time transfer of the Product to
> > another end user. The transfer has to include all component parts,
> > media, printed materials, this EULA, and if applicable, the Certificate
> > of Authenticity. The transfer may not be an indirect transfer, such as a
> > consignment. Prior to the transfer, the end user receiving the
> > transferred Product must agree to all the EULA terms. No
> > Rental. You may not rent, lease, or lend the Product.
> >
> > 6. LIMITATION ON REVERSE ENGINEERING,DECOMPILATION, AND DISASSEMBLY.
> > You may not reverse engineer, decompile, or disassemble the Product,
> > except and only to the extent that it is expressly permitted by
> > applicable law notwithstanding this limitation.
> >
>
> > 7. TERMINATION. Without prejudice to any other rights, Microsoft may
> > cancel this EULA if you do not abide by the terms and conditions of this
> > EULA, in which case you must destroy all copies of the Product and all
> > of its component parts.
> >
> > 8. CONSENT TO USE OF DATA. You agree that Microsoft and its affiliates
> > may collect and use technical information you provide as a part of
> > support services related to the Product. Microsoft agrees not to use
> > this information in a form that personally identifies you.
> >
> > 9. NOT FOR RESALE SOFTWARE. Product identified as "Not for Resale" or
> > "NFR," may not be resold, transferred or used for any purpose other than
> > demonstration, test or evaluation.
> >
> > 10. ACADEMIC EDITION SOFTWARE. To use Product identified as "Academic
> > Edition" or "AE," you must be a "Qualified Educational User." For
> > qualification-related questions, please contact the Microsoft Sales
> > Information Center/One Microsoft Way/Redmond, WA 98052-6399 or the
>
> > Microsoft subsidiary serving your country.
> >
> > 11. EXPORT RESTRICTIONS. Export-Restricted Encryption. If the Product
> > is identified as "North America Only Version," the following terms
> > apply: The Product contains strong encryption and cannot be exported
> > outside of the United States (including Puerto Rico, Guam and all other
> > territories, dependencies and possessions of the United States) or
> > Canada without a U.S. Commerce Department export
> > license or an applicable license exception. You agree that you will not
> > directly or indirectly export or re-export the Product (or portions
> > thereof), other than to Canada, without first obtaining an export
> > license or determining that a license exception is applicable. For
> > additional information see <http://www.microsoft.com/exporting/>.
> >
> > Exportable Encryption. If the Product is not identified as "North
> > America Only Version," the following terms apply: You agree that you
> > will not export or re-export the Product (or portions thereof) to any
>
> > country, person or entity subject to U.S. export restrictions. You
> > specifically agree not to export or re-export the Product (or portions
> > thereof): (i) to any country subject to a U.S. embargo or trade
> > restriction; (ii) to any person or entity who you know or have reason to
> > know will utilize the Product (or portions thereof) in the production of
> > nuclear, chemical or biological weapons; or (iii) to any person or
> > entity who has been denied export privileges by the U.S. government.
> > For additional information see <http://www.microsoft.com/exporting/>.
> >
> > 12. LIMITED WARRANTY FOR SOFTWARE PRODUCTS ACQUIRED IN THE US AND
> > CANADA. Microsoft warrants that the Product will perform substantially
> > in accordance with the accompanying materials for a period of ninety
> > days from the date of receipt. If an implied warranty or condition is
> > created by your state/jurisdiction and federal or state/provincial law
> > prohibits disclaimer of it, you also have an implied warranty or
>
> > condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS
> > LIMITED WARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE
> > NINETY (90) DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND.
> > Some states/jurisdictions do not allow limitations on how long an
> > implied warranty or condition lasts, so the above limitation may not
> > apply to you. Any supplements or updates to the Product, including
> > without limitation, any (if any) service packs or hot fixes provided to
> > you after the expiration of the ninety day Limited Warranty period are
> > not covered by any warranty or condition, express, implied or statutory.
> > LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your
> > exclusive remedy for any breach of this Limited Warranty is as set forth
> > below. Except for any refund elected by Microsoft, YOU ARE NOT ENTITLED
> > TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if
> > the Product does not meet Microsoft's Limited Warranty, and, to the
>
> > maximum extent allowed by applicable law, even if any remedy fails of
> > its essential purpose. The terms of Section 14 below ("Exclusion of
> > Incidental, Consequential and Certain Other Damages") are also
> > incorporated into this Limited Warranty. Some states/jurisdictions do
> > not allow the exclusion or limitation of incidental or consequential
> > damages, so the above limitation or exclusion may not apply to you. This
> > Limited Warranty gives you specific legal rights. You may have others
> > which vary from state/jurisdiction to state/jurisdiction. YOUR EXCLUSIVE
> > REMEDY. Microsoft's and its suppliers' entire liability and your
> > exclusive remedy shall be, at Microsoft's option from time to time
> > exercised subject to applicable law, (a) return of the price paid (if
> > any) for the Product, or (b) repair or replacement of the Product, that
> > does not meet this Limited Warranty and that is returned to Microsoft
> > with a copy of your receipt. You will receive the remedy elected by
>
> > Microsoft without charge, except that you are responsible for any
> > expenses you may incur (e.g. cost of shipping the Product to Microsoft).
> > This Limited Warranty is void if failure of the Product has resulted
> > from accident, abuse, misapplication, abnormal use or a virus. Any
> > replacement Product will be warranted for the remainder of the original
> > warranty period or thirty (30) days, whichever is longer. Outside the
> > United States or Canada, neither these remedies nor any product support
> > services offered by Microsoft are available without proof of purchase
> > from an authorized international source. To exercise your remedy,
> > contact: Microsoft, Attn. Microsoft Sales Information Center/One
> > Microsoft Way/Redmond, WA 98052-6399, or the Microsoft subsidiary
> > serving your country.
> >
> > LIMITED WARRANTY FOR SOFTWARE PRODUCTS ACQUIRED OUTSIDE THE US AND
> > CANADA. 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.
> >
> > 13. DISCLAIMER OF WARRANTIES. The Limited Warranty that appears above
> > is the only express warranty made to you and is provided in lieu of any
> > other express warranties (if any) created by any documentation or
> > packaging. Except for the Limited Warranty and to the maximum extent
> > permitted by applicable law, Microsoft and its suppliers provide the
> > Product and support services (if any) AS IS AND WITH ALL FAULTS, and
> > hereby disclaim all other warranties and conditions, either express,
> > implied or statutory, including, but not limited to, any (if any)
> > implied warranties, duties or conditions of merchantability, of fitness
> > for a particular purpose, of accuracy or completeness of responses, of
> > results, of workmanlike effort, of lack of viruses, and of lack of
> > negligence, all with regard to the Product, and the provision of or
> > failure to provide support services. ALSO, THERE IS NO WARRANTY OR
>
> > CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO
> > DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE PRODUCT.
> >
> > 14. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES.
> > TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
> > MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL,
> > INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT
> > LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER
> > INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF
> > PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF
> > REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER
> > LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR
> > INABILITY TO USE THE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE
> > SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION
> > OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING
>
> > NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY
> > OF MICROSOFT OR ANY SUPPLIER, AND EVEN IF MICROSOFT OR ANY SUPPLIER HAS
> > BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
> >
> > 15. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages
> > that you might incur for any reason whatsoever (including, without
> > limitation, all damages referenced above and all direct or general
> > damages), the entire liability of Microsoft and any of its suppliers
> > under any provision of this EULA and your exclusive remedy for all of
> > the foregoing (except for any remedy of repair or replacement elected by
> > Microsoft with respect to any breach of the Limited Warranty) shall be
> > limited to the greater of the amount actually paid by you for the
> > Product or U.S.$5.00. The foregoing limitations, exclusions and
> > disclaimers (including Sections 12, 13 and 14 above) shall apply to the
> > maximum extent permitted by applicable law, even if any remedy fails its
> > essential purpose.
> >
>
> > 16. NOTE ON JAVA SUPPORT. THE 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 ONLINE 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. Sun Microsystems, Inc. has contractually obligated
> > Microsoft to make this disclaimer.
> >
> > 17. U.S. GOVERNMENT LICENSE RIGHTS. All Product provided to the U.S.
> > Government pursuant to solicitations issued on or after December 1, 1995
> > is provided with the commercial license rights and restrictions
> > described elsewhere herein. All Product provided to the U.S. Government
>
> > pursuant to solicitations issued prior to December 1, 1995 is provided
> > with "Restricted Rights" as provided for in FAR, 48 CFR 52.227-14 (JUNE
> > 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
> >
> > 18. APPLICABLE LAW. If you acquired this Product in the United States,
> > this EULA is governed by the laws of the State of Washington. If you
> > acquired this Product in Canada, unless expressly prohibited by local
> > law, this EULA is governed by the laws in force in the Province of
> > Ontario, Canada; and, in respect of any dispute which may arise
> > hereunder, you consent to the jurisdiction of the federal and provincial
> > courts sitting in Toronto, Ontario. If this Product was acquired outside
> > the United States, then local law may apply.
> >
> > 19. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to
> > this EULA which is included with the Product) and the CAL or TS CAL (if
> > applicable) are the entire agreement between you and Microsoft relating
>
> > to the Product and the support services (if any) and they supersede all
> > prior or contemporaneous oral or written communications, proposals and
> > representations with respect to the Product or any other subject matter
> > covered by this EULA. To the extent the terms of any Microsoft policies
> > or programs for support services conflict with the terms of this EULA,
> > the terms of this EULA shall control.
> >
> > 20. The Product is protected by copyright and other intellectual
> > property laws and treaties. Microsoft or its suppliers own the title,
> > copyright, and other intellectual property rights in the Product. The
> > Product is
> > licensed, not sold.
> >
> > _______________________________________________
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> > Ale at ale.org
> > http://www.ale.org/mailman/listinfo/ale
>
> _______________________________________________
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> http://www.ale.org/mailman/listinfo/ale
--
James P. Kinney III \Changing the mobile computing world/
CEO & Director of Engineering \ one Linux user /
Local Net Solutions,LLC \ at a time. /
770-493-8244 \.___________________________./
http://www.localnetsolutions.com
GPG ID: 829C6CA7 James P. Kinney III (M.S. Physics) <jkinney at localnetsolutions.com>
Fingerprint = 3C9E 6366 54FC A3FE BA4D 0659 6190 ADC3 829C 6CA7
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