[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.
> > 
> > _______________________________________________
> > Ale mailing list
> > Ale at ale.org
> > http://www.ale.org/mailman/listinfo/ale
> 
> _______________________________________________
> Ale mailing list
> Ale at ale.org
> 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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