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MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT WINDOWS SMALL BUSINESS
SERVER 2003 R2 STANDARD EDITION,
MICROSOFT WINDOWS SMALL BUSINESS
SERVER 2003 R2 PREMIUM EDITION
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 any Microsoft
* 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 or credit. 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
As described below, using some features also
operates as your consent to the transmission of
certain standard computer information for Internet-
If you comply with these license terms, you have the
rights below for each software license you acquire.
a. Software. The software includes
* server software; and
* additional software that may only be used with the
server software directly, or indirectly through other
b. License Models. The software is licensed based
* the number of instances of server software that you
* the number of devices and users that access
instances 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
* Run an Instance. You "run an instance" 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
* 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 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. 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
o one physical operating system environment
o 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 the Server.
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 of the 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
have the rights below for each software license you
assign (corresponding to the edition of the software
you have licensed).
i. Standard and Premium Editions. You may run, at
any one time, one instance of the server software in
one physical or virtual operating system environment
on the licensed server.
ii. Premium Edition. As an exception to the above,
you may run, at any one time, any number of
instances of SQL Server 2005 Workgroup Edition in
that physical or virtual operating system environment.
c. Running Instances of the Additional Software. You
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. You may use additional software only with
the server software directly, or indirectly through
other additional software. As an exception, you may
only use the SQL Management Tools, SQL Server
2005 Books Online and SQL Software Development
Kit internally with the SQL Server portion of the
* Server Administration Tools
* Remote Desktop Connection
* Office Outlook 2003
* SQL Business Intelligence Development Studio
* SQL Server 2005 Books Online
* SQL Connectivity Components
* SQL Legacy Components
* SQL Management Tools
* SQL Reporting Services Report Manager
* SQL Reporting Services Shared Tools
* SQL Server 2005 Shared Tools
* SQL Software Development Kit
* SQLXML Client Features
* SQL Server Mobile Server Tools
d. Creating and Storing Instances on Your Servers or
Storage Media. You have the additional rights below
for each software license you acquire.
i. You may create one instance of the server
software solely to exercise your right to run one
instance in a physical operating system environment
as described above.
ii. You may create any number of instances of the
server software solely to exercise your right to run
instances in virtual operating system environments
as described above.
iii. You may create any number of instances of the
additional software solely to exercise your rights to
run or use instances in physical and virtual operating
system environments as described above.
iv. You may store instances created under (ii) and (iii)
above on any of your servers or storage media.
v. You may create and store instances to exercise
your rights described above under any of your
software licenses. You may not use the instances for
any other purpose (e.g., you may not distribute
instances to third parties).
3. ADDITIONAL LICENSING REQUIREMENTS
AND/OR USE RIGHTS.
a. Client Access Licenses (CALs).
i. You must acquire and assign the appropriate CAL
to each device or user that accesses your instances
of the server software directly or indirectly. A
hardware partition or blade is considered to be a
* You do not need CALs for any user or device that
accesses your instances of the server software only
through the Internet without being authenticated or
otherwise individually identified by the server
software or through any other means.
* You do not need CALs for any of your servers
licensed to run your instances of Windows Server
* You do not need CALs for up to two devices or
users to access your instances of the server software
only to administer those instances.
* Your CALs permit access to your instances of
earlier versions, but not later versions, of the server
software. As an exception, you may use Windows
Small Business Server 2003 CALs to satisfy your
CAL requirements described in more detail in this
ii. Types of CALs. There are two types of CALs: one
for devices and one for users. Each device CAL
permits one device, used by any user, to access
instances of the server software on your licensed
servers. Each user CAL permits one user, using any
device, to access instances of the server software on
your licensed servers. You may use a combination of
device and user CALs.
iii. Reassignment of CALs. You may
* permanently reassign your device CAL from one
device to another, or your user CAL from one user to
* temporarily reassign your device CAL to a loaner
device while the first device is out of service, or your
user CAL to a temporary worker while the user is
iv. You may use Windows Small Business Server
2003 CALs instead of Windows Server 2003 CALs to
access instances of Windows Server 2003 or
Windows Server 2003 R2 when those instances are
within the Windows Small Business Server 2003
v. You may use Windows Small Business Server
2003 CALs instead of SQL Server Workgroup Edition
CALs to access instances of SQL Server 2005
Workgroup Edition when those instances of SQL
Server 2005 Workgroup Edition are within the
Windows Small Business Server 2003 R2 domain.
vi. You may use Windows Small Business Server
2003 CALs instead of Exchange Server 2003 CALs
to access instances of Exchange Server 2003 when
those instances of Exchange Server 2003 are within
the Windows Small Business Server 2003 R2
b. Multiplexing. Hardware or software you use to:
* pool connections,
* reroute information,
* reduce the number of devices or users that directly
access or use the software, or
* reduce the number of devices or users the software
(sometimes referred to as "multiplexing" or "pooling"),
does not reduce the number of licenses of any type
that you need.
c. No Separation of Server Software. 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.
d. Additional Functionality. Microsoft may provide
additional functionality for the software. Other license
terms and fees may apply.
e. Included Microsoft Programs. The software
contains the following Microsoft programs:
* Windows Server 2003 SP1 for Small Business
* Exchange Server 2003 Standard Edition,
* ActiveSync 3.8.
If the software is Microsoft Windows Small Business
Server 2003 R2 Premium Edition, the software also
* Office FrontPage 2003,
* SQL Server 2005 Workgroup Edition, and
* Internet Security and Acceleration Server 2004
These license terms apply to your use of those
f. Distributable Code. The software contains code
that you are permitted to distribute in programs you
develop if you comply with the terms below.
i. Right to Use and Distribute. The code and text files
listed below are "Distributable Code."
* Sample Code. You may modify, copy, and
distribute the source and object code form of code
marked as "sample."
* Third Party Distribution. You may permit
distributors of your programs to copy and distribute
the Distributable Code as part of those programs.
ii. Distribution Requirements. For any Distributable
Code you distribute, you must
* add significant primary functionality to it in your
* require distributors and external end users to
agree to terms that protect it at least as much as this
* display your valid copyright notice on your
* indemnify, defend, and hold harmless Microsoft
from any claims, including attorneys' fees, related to
the distribution or use of your programs.
iii. Distribution Restrictions. You may not
* alter any copyright, trademark or patent notice in
the Distributable Code;
* use Microsoft's trademarks in your programs'
names or in a way that suggests your programs
come from or are endorsed by Microsoft;
* distribute Distributable Code to run on a platform
other than the Windows platform;
* include Distributable Code in malicious, deceptive
or unlawful programs; or
* modify or distribute the source code of any
Distributable Code so that any part of it becomes
subject to an Excluded License. An Excluded
License is one that requires, as a condition of use,
modification or distribution, that
* the code be disclosed or distributed in source code
* others have the right to modify it.
4. MANDATORY ACTIVATION. To prevent its
unlicensed use, you will not be able to use the
software if you do not activate it as described during
installation or setup. You can activate the software
by Internet or telephone; 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 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
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 run the software. Microsoft uses this
information to make the Internet-based services
available to you.
* Windows Update Feature. You may connect new
hardware to the device where you run the software.
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 and run it on your device.
You can switch off this update feature.
* 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 run 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
* 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. The
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
* Windows Rights Management Services. The
software contains a feature that allows you to create
content that cannot be printed, copied or sent to
others without your permission. You must connect to
Microsoft to use this feature for the first time. Once a
year, you must re-connect to Microsoft to update it.
For more information, go to
may choose not to use this feature.
b. 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. DATA STORAGE TECHNOLOGY. The server
software includes data storage technology called
Microsoft SQL Server Desktop Engine for Windows.
Components of the server software use this
technology to store data. You may not otherwise use
or access this technology under this agreement.
7. MICROSOFT .NET FRAMEWORK BENCHMARK
TESTING. The server software includes the .NET
Framework component (".NET Component"). You
may conduct internal benchmark testing of the .NET
Component. You may disclose the results of any
benchmark test of the .NET Component, provided
that you comply with the following terms: (1) you
must disclose all the information necessary for
replication of the tests, including complete and
accurate details of your benchmark testing
methodology, the test scripts/cases, tuning
parameters applied, hardware and software
platforms tested, the name and version number of
any third party testing tool used to conduct the
testing, and complete source code for the benchmark
suite/harness that is developed by or for you and
used to test both the .NET Component and the
competing implementation(s); (2) you must disclose
the date (s) that you conducted the benchmark tests,
along with specific version information for all
Microsoft software products tested, including
the .NET Component; (3) your benchmark testing
was performed using all performance tuning and best
practice guidance set forth in the product
documentation and/or on Microsoft's support web
sites, and uses the latest updates, patches and fixes
available for the .NET Component and the relevant
Microsoft operating system; (4) it shall be sufficient if
you make the disclosures provided for above at a
publicly available location such as a website, so long
as every public disclosure of the results of your
benchmark test expressly identifies the public site
containing all required disclosures; and (5) nothing in
this provision shall be deemed to waive any other
right that you may have to conduct benchmark
testing. The foregoing obligations shall not apply to
your disclosure of the results of any customized
benchmark test of the .NET Component, whereby
such disclosure is made under confidentiality in
conjunction with a bid request by a prospective
customer, such customer's application(s) are
specifically tested and the results are only disclosed
to such specific customer. 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 .NET Component, provided it complies with the
same conditions above.
8. SCOPE OF LICENSE. The software is licensed,
not sold. This agreement only gives you some rights
to use the software. Microsoft reserves 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
www.microsoft.com/licensing/userights. You may not
* work around any technical limitations in the
* reverse engineer, decompile or disassemble the
software, except and only to the extent that
applicable law expressly permits, despite this
* make more copies of the software than specified in
this agreement or allowed by applicable law, despite
* publish the software for others to copy;
* rent, lease or lend the software; or
* use the software for commercial software hosting
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 server or device.
9. SINGLE USE. The software may include more
than one version of the media, such as 32-bit and
64-bit. You may use only one version for each
license you acquire unless the software's license
terms permit more.
10. BACKUP COPY. You may make one backup
copy of the software media. You may use it only to
create instances of the software.
11. DOCUMENTATION. Any person that has valid
access to your computer or internal network may
copy and use the documentation for your internal,
12. NOT FOR RESALE SOFTWARE. You may not
sell software marked as "NFR" or "Not for Resale."
13. ACADEMIC EDITION SOFTWARE. You must be
a "Qualified Educational User" to use software
marked as "Academic Edition" or "AE." If you do not
know whether you are a Qualified Educational User,
visit www.microsoft.com/education or contact the
Microsoft affiliate serving your country.
14. UPGRADE. If this software is marked as an
upgrade version, you may use it only if you have a
license to use the software eligible for upgrade. If
you upgrade, this software takes the place of the
earlier version, and this agreement takes the place of
the agreement for that earlier version. You may use
the earlier version only as permitted in the
Downgrade clause below. You may not use the
earlier version and this software at the same time.
15. DOWNGRADE. Instead of using the software,
you may use an earlier version. This agreement
applies to your use of the earlier version. If the earlier
version includes different components, any terms for
those components in the agreement that comes with
the earlier version apply to your use of them.
Microsoft is not obligated to supply earlier versions to
you. At any time, you may replace an earlier version
with this version of the software.
16. PROOF OF LICENSE. If you acquired the
software on a disc or other media, a genuine
Microsoft Proof of License label with a genuine copy
of the software identifies licensed software. To be
valid, this label must appear on Microsoft packaging.
If you receive the label separately, it is invalid. You
should keep the packaging that has the label on it to
prove that you are licensed to use the software. To
identify genuine Microsoft software, see
17. TRANSFER TO A THIRD PARTY. The first user
of the software may transfer it, 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 of the software. The transfer
must include the software and the Proof of License
label. The first user may not retain any instances of
the software unless that user also retains another
license for the software.
18. 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;
19. 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.
20. SUPPORT SERVICES. Microsoft provides
support services for the software as described at
21. 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.
22. 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
23. 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.
24. LIMITATION ON AND EXCLUSION OF
DAMAGES. You can recover from Microsoft and its
suppliers only direct damages up to the amount you
paid for the software. 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
* 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.
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 one year
after acquired by the first user. If you receive
supplements, updates, or replacement software
during that year, 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
Microsoft's reasonable control.
D. REMEDY FOR BREACH OF WARRANTY.
Microsoft will repair or replace the software at no
charge. If Microsoft cannot repair or replace it,
Microsoft will refund the amount shown on your
receipt for the software. It will also repair or replace
supplements, updates and replacement software at
no charge. If Microsoft cannot repair or replace them,
it will refund the amount you paid for them, if any.
You must delete the software and return any media
and other associated materials to Microsoft with
proof of purchase to obtain a refund. 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. You need proof of
purchase for warranty service.
1. United States and Canada. For warranty service
or information about how to obtain a refund for
software acquired in the United States and Canada,
contact Microsoft at
* (800) MICROSOFT;
* Microsoft Customer Service and Support, One
Microsoft Way, Redmond, WA 98052-6399; or
* visit www.microsoft.com/info/nareturns.htm.
2. Europe, Middle East and Africa. If you acquired
the software in Europe, the Middle East or Africa,
Microsoft Ireland Operations Limited makes this
limited warranty. To make a claim under this
warranty, you should contact either
* Microsoft Ireland Operations Limited, Customer
Care Centre, Atrium Building Block B, Carmanhall
Road, Sandyford Industrial Estate, Dublin 18, Ireland;
* the Microsoft affiliate serving your country (see
3. Outside United States, Canada, Europe, Middle
East and Africa. If you acquired the software outside
the United States, Canada, Europe, the Middle East
and Africa, contact the Microsoft affiliate serving your
country (see www.microsoft.com/worldwide).
G. NO OTHER WARRANTIES. The limited warranty
is the only direct warranty from Microsoft. Microsoft
gives no other express warranties, guarantees or
conditions. Where allowed by your local laws,
Microsoft excludes 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.
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