[ale] OT: Win2K Server EULA

[John Marasco]

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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