[ale] OT: Win2K Server EULA

hbbs at comcast.net hbbs at comcast.net
Fri Aug 1 14:11:51 EDT 2003


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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