MICROSOFT CUSTOMER CARE FRAMEWORK 2009
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to anyMicrosoft
* Internet-based services, and
* support services
for this software, unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE. INSTEAD, RETURN IT TO THE RETAILER FOR A REFUND ORCREDIT. If you cannot obtain a refund there, contact Microsoft or the Microsoft affiliate serving your country for information about Microsoft’s refund policies. See www.microsoft.com/worldwide. In the United States and Canada, call (800) MICROSOFT or see www.microsoft.com/info/nareturns.htm.
IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW FOR EACH SOFTWARE LICENSE YOUACQUIRE.
a. Software. The software includes
* server software; and
* additional software that may only be used with the server software directly, or indirectly through other additional software.
b. License Model. The software is licensed based on
* the number of instances of the server software that you run; and
* the number of devices and users that accessinstances of the server software.
* Instance. You create an “instance” of software by executing the software’s setup or install procedure. You also create an instance of software by duplicating an existing instance. References to software in this agreement include “instances” of the software.
* Run an Instance. You “run an instance” of software by loading it into memoryand executing one or more of its instructions. Once running, an instance is considered to be running (whether or not its instructions continue to execute) until it is removed from memory.
* Operating System Environment. An “operating system environment” is one instance of an operating system and instances of applications, if any, configured to run on that operating system instance. There aretwo types of operating system environments, physical and virtual. A physical operating system environment is configured to run directly on a physical hardware system. A virtual operating system environment is configured to run on a virtual (or otherwise emulated) hardware system. A physical hardware system can have either or both of the following:
* one physical operating system environment* one or more virtual operating system environments.
* Server. A server is a physical hardware system capable of running server software. A hardware partition or blade is considered to be a separate physical hardware system.
* Assigning a License. To assign a license means simply to designate that license to one device or user.
2. USE RIGHTS.
a. Assigning the License to theServer.
i. Before you run any instance of the server software under a software license, you must assign that license to one of your servers. That server is the licensed server for that particular license. You may assign other software licenses to the same server, but you may not assign the same license to more than one server.
ii. You may reassign a software license, but not within 90 days ofthe last assignment. You may reassign a software license sooner if you retire the licensed server due to permanent hardware failure. If you reassign a license, the server to which you reassign the license becomes the new licensed server for that license.
b. Running Instances of the Server Software. You may run any number of instances of the server software in one physical or virtual operating...