MICROSOFT SOFTWARE LICENSE TERMS

MICROSOFT SQL SERVER 2008 WORKGROUP EDITION

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. Printed paper license terms, which may come with the
software, take place of any on-screen license terms. 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 RETURN POLICY FOR A REFUND OR CREDIT.
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1. OVERVIEW.
a. S'&)*a(#. 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. L"c#$%# M'-#!. The software is licensed based on either
the number of instances of server software that you run and the number of
devices and users that access instances of the server software !see section " #
Terms $peci%c to the $erver & 'lient (ccess )icense Model*; or
the number of physical and virtual processors used by operating system
environments in which you run instances of the server software !see section +
# Terms $peci%c to the Per Processor )icense Model*.
c. L"c#$%"$3 T#(0"$'!'31.
I$%)a$c#. ,ou create an -instance. of software by e/ecuting the software0s
setup or install procedure. ,ou also create an instance of software by
duplicating an e/isting instance. 1eferences to software in this agreement
include -instances. of the software.
R,$ a$ I$%)a$c#. ,ou -run an instance. of software by loading it into
memory and e/ecuting one or more of its instructions. 2nce running, an
instance is considered to be running !whether or not its instructions continue
to e/ecute* until it is removed from memory.
O4#(a)"$3 S1%)#0 E$."('$0#$). (n -operating system environment. is
all or part of an operating system instance, or all or part of a virtual !or
otherwise emulated* operating system instance which enables separate
machine identity !primary computer name or similar uni3ue identi%er* or
separate administrative rights, and
instances of applications, if any, con%gured to run on the operating system
instance or parts identi%ed above.
There are two types of operating system environments, physical and virtual. (
physical operating system environment is con%gured to run directly on a
physical hardware system. The operating system instance used to run
hardware virtuali4ation software !e.g. Microsoft 5irtual $erver or similar
technologies* or to provide hardware virtuali4ation services !e.g. Microsoft
virtuali4ation technology or similar technologies* is considered part of the
physical operating system environment. ( virtual operating system
environment is con%gured to run on a virtual !or otherwise emulated*
hardware system. ( physical hardware system can have either or both of the
following
one physical operating system environment
one or more virtual operating system environments.
S#(.#(. ( server is a physical hardware system capable of running server
software. ( hardware partition or blade is considered to be a separate
physical hardware system.
P1%"ca! a$- V"(),a! P('c#%%'(%. ( physical processor is a processor in a
physical hardware system. Physical operating system environments use
physical processors. ( virtual processor is a processor in a virtual !or otherwise
emulated* hardware system. 5irtual operating system environments use
virtual processors. ( virtual processor is considered to have the same number
of threads and cores as each physical processor on the underlying physical
hardware system.
A%%"3$"$3 a L"c#$%#. To assign a license means simply to designate that
license to one server.
2. TERMS SPECIFIC TO THE SERVER / CLIENT ACCESS LICENSE MODEL.
a. A%%"3$0#$) '& )# L"c#$%# )' )# S#(.#(. The software license is
permanently assigned to the server with which the software was distributed. If
the server has multiple hardware partition!s* or blade!s*, you must permanently
assign that license to one of the hardware partition!s* or blade!s*. That server is
the licensed server for that particular license. ,ou may assign other software
licenses to the same server, but you may not assign the same license to more
than one server. ( hardware partition or blade is considered to be a separate
server.
b. R,$$"$3 I$%)a$c#% '& )# S#(.#( S'&)*a(#. ,ou may run any number of
instances of the server software in one physical or virtual operating system
environment on the licensed server at a time.
c. R,$$"$3 I$%)a$c#% '& )# A--")"'$a! S'&)*a(#. ,ou may run or otherwise use
any number of instances of additional software listed below in physical or virtual
operating system environments on any number of devices. ,ou may use
additional software only with the server software directly, or indirectly through
other additional software.
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d. C(#a)"$3 a$- S)'("$3 I$%)a$c#% '$ Y',( S#(.#(% '( S)'(a3# M#-"a. ,ou
have the additional rights below for each software license you ac3uire.
,ou may create any number of instances of the server software and additional
software.
,ou may store instances of the server software and additional software on any
of your servers or storage media.
,ou may create and store instances of the server software and additional
software solely to e/ercise your right to run instances of the server software
under any of your software licenses as described !e.g., you may not distribute
instances to third parties*.
e. C!"#$) Acc#%% L"c#$%#% 7CAL%8.
". ,ou must ac3uire and assign a $9) $erver ";;< =orkgroup '() to each device
or user that accesses your instances of the server software directly or
indirectly. ( hardware partition or blade is considered to be a separate device.
,ou may use your other $9) $erver ";;< '()s instead of the =orkgroup
'()s to access your instances of the server software.
,ou may use your =indows $mall 6usiness $erver !-$6$.* ";;< '() $uite
for Premium >sers or 7evices instead of =orkgroup '()s to access your
instances of the server software within an $6$ ";;< domain.
,ou may use your =indows ?ssential 6usiness $erver !-?6$.* ";;< '()
$uite for Premium >sers or 7evices instead of =orkgroup '()s to access
your instances of the server software within an ?6$ ";;< domain.
,ou do not need '()s for any of your servers licensed to run instances of
the server software.
,ou do not need '()s for up to two devices or users to access your
instances of the server software only to administer those instances.
,our '()s permit access to your instances of earlier versions, but not later
versions, of the server software. If you are accessing instances of an
earlier version, you may also use '()s corresponding to that version.
"". T14#% '& CAL%. There are two types of '()s one for devices and one for
users. ?ach device '() permits one device, used by any user, to access
instances of the server software on your licensed servers. ?ach user '()
permits one user, using any device, to access instances of the server software
on your licensed servers. ,ou may use a combination of device and user '()s.
""". R#a%%"3$0#$) '& CAL%. ,ou may
permanently reassign your device '() from one device to another, or your
user '() from one user to another; or
temporarily reassign your device '() to a loaner device while the %rst
device is out of service, or your user '() to a temporary worker while the
user is absent.
3. TERMS SPECIFIC TO THE PER PROCESSOR LICENSE MODEL.
a. L"c#$%"$3 a S#(.#(. The manufacturer or installer has determined the re3uired
number of software licenses and assigned those licenses to the server with which
the software was distributed as described below.
". D#)#(0"$"$3 )# N,02#( '& L"c#$%#% R#+,"(#-. The total number of
software licenses re3uired for a server e3uals the sum of the software licenses
re3uired under !(* and !6* below.
!(* To run instances of the server software in the physical operating system
environment on a server, you need a software license for each physical
processor that the physical operating system environment uses.
!6* To run instances of the server software in virtual operating system
environments on a server, you need a software license for each virtual
processor that each of those virtual operating system environments uses.
If a virtual operating system environment uses a fraction of a virtual
processor, the fraction counts as a full virtual processor.
b. A%%"3$0#$) '& )# R#+,"(#- N,02#( '& L"c#$%#% )' )# S#(.#(.
The software license!s* are permanently assigned to the server with which the
software was distributed. If the server has multiple hardware partition!s* or
blade!s*, you must permanently assign those licenses to one of the hardware
partition!s* or blade!s*. That server is the licensed server for all of those licenses.
,ou may not assign the same license to more than one server. ( hardware
partition or blade is considered to be a separate server.
c. R,$$"$3 I$%)a$c#% '& )# S#(.#( S'&)*a(#. :or each server that has been
assigned the re3uired number of software licenses, you may run, at any one time,
any number of instances of the server software in physical and virtual operating
system environments on the licensed server. @owever, the total number of
physical and virtual processors used by those operating system environments
cannot e/ceed the number of software licenses assigned to that server.
d. R,$$"$3 I$%)a$c#% '& )# A--")"'$a! S'&)*a(#. ,ou may run or otherwise use
any number of instances of additional software listed below in physical or virtual
operating system environments on any number of devices. ,ou may use
additional software only with the server software directly, or indirectly through
other additional software.
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e. C(#a)"$3 a$- S)'("$3 I$%)a$c#% '$ Y',( S#(.#(% '( S)'(a3# M#-"a. ,ou
have the additional rights below for each software license you ac3uire.
,ou may create any number of instances of the server software and additional
software.
,ou may store instances of the server software and additional software on any
of your servers or storage media.
,ou may create and store instances of the server software and additional
software solely to e/ercise your right to run instances of the server software
under any of your software licenses as described !e.g., you may not distribute
instances to third parties*.
f. N' C!"#$) Acc#%% L"c#$%#% 7CAL%8 R#+,"(#- &'( Acc#%%. ,ou do not need
'()s for the other devices to access your instances of the server software.
4. ADDITIONAL LICENSING REQUIREMENTS AND9OR USE RIGHTS.
a. Ma5"0,0 I$%)a$c#%. 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. M,!)"4!#5"$3. @ardware or software you use to
pool connections,
reroute information, and
reduce the number of devices or users that directly access or use the software,
or
reduce the number of devices or users the software directly manages,
!sometimes referred to as -multiple/ing. or -pooling.*, does not reduce the
number of licenses of any type that you need.
c. I$c!,-#- M"c('%'&) P('3(a0%. The software contains other Microsoft programs.
The license terms with those programs apply to your use of them.
d. N' S#4a(a)"'$ '& S#(.#( S'&)*a(#. ,ou may not separate the server software
for use in more than one operating system environment under a single license,
unless e/pressly permitted. This applies even if the operating system
environments are on the same physical hardware system.
e. Fa"!:'.#( S#(.#(. :or any operating system environment in which you run
instances of the server software, you may run up to the same number of passive
fail-over instances in a separate operating system environment for temporary
support. If you have licensed the server software under the Per Processor
licensing model, the number of processors used in that separate operating system
environment must not e/ceed the number of processors used in the corresponding
operating system environment in which the active instances are running. ,ou may
run the passive fail-over instances on a server other than the licensed server.
5. PRODUCT KEYS. The software re3uires a key to install or access it. ,ou are
responsible for the use of keys assigned to you. ,ou should not share the keys with
third parties. ,ou may not use keys assigned to third parties.
6. INTERNET:BASED SERVICES. Microsoft provides Internet-based services with the
software. It may change or cancel them at any time.
7. MICROSOFT .NET FRAMEWORK AND POWERSHELL SOFTWARE. The software
contains Microsoft .A?T :ramework and Power$hell software. These software
components are part of =indows.
8. BENCHMARK TESTING. ,ou must obtain MicrosoftBs prior written approval to
disclose to a third party the results of any benchmark test of the software. @owever,
this does not apply to the =indows components. :or Microsoft .A?T :ramework see
below.
9. MICROSOFT .NET FRAMEWORK. The software includes one or more
components of the .A?T :ramework !-.A?T 'omponents.*. ,ou may conduct internal
benchmark testing of those components. ,ou may disclose the results of any benchmark
test of those components, provided that you comply with the conditions set forth at
httpCCgo.microsoft.comCfwlinkCD)inkI7EFFG;F. Aotwithstanding 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 .A?T 'omponent, provided it complies with the same
conditions set forth at httpCCgo.microsoft.comCfwlinkCD)inkI7EFFG;F.
10. 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. >nless applicable law gives you more rights despite this
limitation, you may use the software only as e/pressly 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. :or more information, see the software
documentation. ,ou may not
work around any technical limitations in the software;
reverse engineer, decompile or disassemble the software, e/cept and only to the
e/tent that applicable law e/pressly permits, despite this limitation;
make more copies of the software than speci%ed 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.
1ights 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.
11. BACKUP COPY. ,ou may make one backup copy of the software media. ,ou may use
it only to create instances of the software.
12. DOCUMENTATION. (ny person that has valid access to your computer or internal
network may copy and use the documentation for your internal, reference purposes.
13. NOT FOR RESALE SOFTWARE. ,ou may not sell software marked as -A:1. or -Aot
for 1esale..
14. ACADEMIC EDITION SOFTWARE. ,ou must be a -9uali%ed ?ducational >ser. to
use software marked as -(cademic ?dition. or -(?.. If you do not know whether you
are a 9uali%ed ?ducational >ser, visit www.microsoft.comCeducation or contact the
Microsoft aHliate serving your country.
15. DOWNGRADE. Instead of creating, storing and using the software, for each
permitted instance, you may create, store and use an instance of an earlier version.
,ou must obtain the earlier version separately. This agreement applies to your use of
the earlier version. If the earlier version includes diIerent components, any terms for
those components in the agreement that comes with the earlier version apply to your
use of them. Aeither the manufacturer or installer, nor Microsoft is obligated to
supply or support earlier versions. (t any time, you may replace an earlier version
with this version of the software.
16. PROOF OF LICENSE. If you ac3uired the software on a disc or other media, a
genuine 'erti%cate of (uthenticity label with a genuine copy of the software identi%es
licensed software. This label must be aH/ed to the server or appear on the
manufacturer0s or installer0s packaging to be valid and may not be sold separately. ,ou
should keep the server or packaging that has the label on it to prove that you are licensed
to use the software. To identify genuine Microsoft software, see www.howtotell.com.
17. TRANSFER TO A THIRD PARTY. ,ou may transfer the software this agreement, and
'()s directly to a third party only with the licensed server. ,ou may not keep any
instances of the software unless you also retain another license for the software.
6efore any permitted transfer, the other party must agree that this agreement applies
to the transfer and use of the software. The transfer must include the 'erti%cate of
(uthenticity label.
18. E;PORT RESTRICTIONS. The software is subJect to >nited $tates e/port laws and
regulations. ,ou must comply with all domestic and international e/port laws and
regulations that apply to the software. These laws include restrictions on destinations,
end users and end use. :or additional information, see www.microsoft.comCe/porting.
19. SUPPORT SERVICES. :or the software generally, contact the manufacturer or
installer for support options. 1efer to the support number provided with the software.
:or updates and supplements obtained directly from Microsoft, Microsoft provides
support as described at www.support.microsoft.comCcommonCinternational.asp/.
20. ENTIRE AGREEMENT. This agreement !including the warranty below*, and the terms
for supplements, updates, Internet-based services and support services that you use,
are the entire agreement for the software and support services.
21. APPLICABLE LAW.
a. U$")#- S)a)#%. If you ac3uired the software in the >nited $tates, =ashington
state law governs the interpretation of this agreement and applies to claims for
breach of it, regardless of conKict of laws principles. The laws of the state where
you live govern all other claims, including claims under state consumer protection
laws, unfair competition laws, and in tort.
b. O,)%"-# )# U$")#- S)a)#%. If you ac3uired the software in any other country,
the laws of that country apply.
22. LEGAL EFFECT. This agreement describes certain legal rights. ,ou may have other
rights under the laws of your state or country. ,ou may also have rights with respect
to the party from whom you ac3uired 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.
23. LIMITATION ON AND E;CLUSION OF DAMAGES. E;CEPT 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 e/tent 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.
$ome states do not allow the e/clusion or limitation of incidental or conse3uential
damages, so the above limitation or e/clusion may not apply to you. They also may
not apply to you because your country may not allow the e/clusion or limitation of
incidental, conse3uential 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 >0
DAYS AFTER ACQUIRED BY THE FIRST USER. IF YOU RECEIVE SUPPLEMENTS,
UPDATES, OR REPLACEMENT SOFTWARE DURING THOSE >0 DAYS, THEY WILL
BE COVERED FOR THE REMAINDER OF THE WARRANTY OR 60 DAYS,
WHICHEVER IS LONGER. If you transfer the software, the remainder of the
warranty will apply to the recipient.
TO THE E;TENT PERMITTED BY LAW, ANY IMPLIED WARRANTIES,
GUARANTEES OR CONDITIONS LAST ONLY DURING THE TERM OF THE LIMITED
WARRANTY. $ome 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. E;CLUSIONS 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 7"8 REPAIR OR REPLACE THE SOFTWARE AT
NO CHARGE, OR 7""8 ACCEPT RETURN OF THE PRODUCT7S8 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 AREFUND 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. 'ontact the manufacturer or installer to %nd out how to
obtain warranty service for the software. :or a refund, you must comply with the
manufacturer0s or installer0s return policies
G. NO OTHER WARRANTIES. THE LIMITED WARRANTY IS THE ONLY DIRECT
WARRANTY FROM THE MANUFACTURER, OR MICROSOFT. THE
MANUFACTURER, OR INSTALLER AND MICROSOFT GIVES NO OTHER E;PRESS
WARRANTIES, GUARANTEES OR CONDITIONS. WHERE ALLOWED BY YOUR
LOCAL LAWS, THE MANUFACTURER OR INSTALLER AND MICROSOFT
E;CLUDES IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON:INFRINGEMENT. I& 1',( !'ca! !a*% 3".# 1',
a$1 "04!"#- *a((a$)"#%, 3,a(a$)##% '( c'$-")"'$%, -#%4")# )"% #5c!,%"'$,
1',( (#0#-"#% a(# -#%c("2#- "$ )# R#0#-1 &'( B(#ac '& Wa((a$)1 c!a,%#
a2'.#, )' )# #5)#$) 4#(0"))#- 21 1',( !'ca! !a*%.
H. LIMITATION ON AND E;CLUSION OF DAMAGES FOR BREACH OF WARRANTY.
THE LIMITATION ON AND E;CLUSION 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.
LMG-NF<+G