Altwood IT Services – Terms and Conditions for Microsoft Software

Terms and Conditions Regarding Use of Microsoft Software

This document concerns your use of Microsoft software, which includes computer software provided to you by Altwood IT Services (“Altwood”, “Company” or “US”) as described below, and may include associated media, printed materials, and "online" or electronic documentation (individually and collectively "SOFTWARE PRODUCTS"). We do not own the SOFTWARE PRODUCTS and the use thereof is subject to certain rights and limitations of which The company needs to inform you. Your right to use the SOFTWARE PRODUCTS is subject to your agreement with Us, and to your understanding of, compliance with and consent to the following terms and conditions, which WE do not have authority to vary, alter or amend. "Client Software" means software that allows a Device to access or utilize the services or functionality provided by the Server Software. "Device" means each of a computer, workstation, terminal, handheld PC, pager, telephone, personal digital assistant, "smart phone," or other electron device. "Server Software" means software that provides services or functionality on a computer acting as a server. "Redistribution Software" means the software described in Paragraph 4 ("Use of Redistribution Software") below.

A.1. Ownership of Software Products

The SOFTWARE PRODUCTS are licensed to Us from an affiliate of the Microsoft Corporation ("Microsoft"). All title and intellectual property rights in and to the SOFTWARE PRODUCTS (and the constituent elements thereof, including but not limited to any images, photographs, animations, video, audio, music, text and "applets" incorporated into the SOFTWARE PRODUCTS) are owned by Microsoft or its suppliers. The SOFTWARE PRODUCTS are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Your possession, access, or use of the SOFTWARE PRODUCTS does not transfer any ownership of the SOFTWARE PRODUCTS or any intellectual property rights to you.

A.2. Use of CLIENT SOFTWARE

You may use the Client Software installed on your Devices by Us only in accordance with the instructions, and only in connection with the services, provided to you by Us.

A.3. USE OF REDISTRIBUTION SOFTWARE

In connection with the services provided to you by Us, you may have access to certain "sample," "re-distributable" and/or software development ("SDK") software code and tools (individually and collectively "Redistribution Software"). YOU MAY NOT USE, MODIFY, COPY, AND/OR DISTRIBUTE ANY REDISTRIBUTION SOFTWARE UNLESS YOU EXPRESSLY AGREE TO AND COMPLY WITH CERTAIN ADDITIONAL TERMS CONTAINED IN THE SERVICES PROVIDER USE RIGHTS ("SPUR") APPLICABLE TO US, WHICH TERMS MUST BE PROVIDED TO YOU BY US. Microsoft does not permit you to use any Redistribution Software unless you expressly agree to and comply with such additional terms, as provided to you by Us.

A.5. Copies

You may not make any copies of the SOFTWARE PRODUCTS; provided, however, that you may (a) make one (1) copy of Client Software on your Device as expressly authorized by Us; and (b) you may make copies of certain Redistribution Software in accordance with Paragraph 4 (Use of Redistribution Software). You must erase or destroy all such Client Software and/or Redistribution Software upon termination or cancellation of your agreement with Us upon notice from Us or upon transfer of your Device to another person or entity, whichever first occurs. You may not copy any printed materials accompanying the SOFTWARE PRODUCTS.

A.6. Limitations on Reverse Engineering, De-compilation and Disassembly

You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCTS, except and only to the extent that applicable law, notwithstanding this limitation expressly permits such activity.

A.7. No Rental

You may not rent, lease, lend, pledge, or directly or indirectly transfer or distribute the SOFTWARE PRODUCTS to any third party, and you may not permit any third party to have access to and/or use the functionality of the SOFTWARE PRODUCTS.

A.8. Termination

Without prejudice to any other rights, We may terminate your rights to use the SOFTWARE PRODUCTS if you fail to comply with these terms and conditions. In the event of termination or cancellation, you must stop using and/or accessing the SOFTWARE PRODUCTS, and destroy all copies of the SOFTWARE PRODUCTS and all of its component parts.

A.9. No Warranties, LIABILITIES OR REMEDIES BY MICROSOFT

ANY WARRANTIES, LIABILITY FOR DAMAGES AND REMEDIES, IF ANY, ARE PROVIDED SOLELY BY US AND NOT BY MICROSOFT OR ITS AFFILIATES OR SUBSIDIARIES.

A.10. PRODUCT SUPPORT

Any product support for the SOFTWARE PRODUCTS is provided to you by Us and is not provided by Microsoft or its affiliates or subsidiaries.

A.11. NOT FAULT TOLERANT

THE SOFTWARE PRODUCTS MAY CONTAIN TECHNOLOGY THAT IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE IN ENVIRONMENTS OR APPLICATIONS IN WHICH THE FAILURE OF THE SOFTWARE PRODUCTS COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, PROPERTY OR ENVIRONMENTAL DAMAGE.

A.12. EXPORT RESTRICTIONS

The SOFTWARE PRODUCTS are of U.S. origin for purposes of U.S. export control laws. You agree to comply with all applicable international and national laws that apply to the SOFTWARE PRODUCTS, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments. For additional information, see http://www.microsoft.com/exporting/.

A.13. LIABILITY FOR BREACH

In addition to any liability you may have to Us, you agree that you will also be legally responsible directly to Microsoft for any breach of these terms and conditions.

SCHEDULE B: Microsoft Licenses Provided With Products

This document details the type of Microsoft license together with key usage rights and restrictions of such license as is provided with Our range of dedicated server products. These rights and restrictions are not exhaustive and it is Your responsibility to ensure that Your use of the Services complies with the Microsoft license provided. Should You wish to use the Services in a manner which does not comply with the Microsoft license provided as standard You must make arrangements with Us to obtain the appropriate license type.

B.1. Windows Server 2003 Web Edition

Windows Server 2003 Web Edition Processor License. The Server Software may be used solely for deployment of Web pages, Web sites, Web applications, Web services, and POP3 mail serving. You may install web server software (for example, Microsoft Internet Information Services), non-enterprise database engine software licensed to support not more than twenty-five (25) concurrent Users (for example, Microsoft SQL Server Desktop Engine), or web availability management software (for example, Microsoft Application Centre). These applications may access data from any one or more of the following applications deployed on a separate Server: (i) database software (such as Microsoft SQL Server), and or (ii) business application software (for example, enterprise email, enterprise resource planning, and customer relationship management). Any other usage of the Server Software is not permitted.

B.2. Windows Server 2003 Standard Edition

Windows Server 2003 Anonymous Processor License. You may allow only the following Users to use or access the Server Software: (i) Users who access the Server Software solely through the Internet and are not authenticated or otherwise individually distinguished by the Server Software or a Multiplexing Service (for example, by browsing a public website anonymously). (ii) Users who access and use the Server Software solely as a platform for server applications (excluding applications that have direct or indirect interaction with Windows authentication services (when user or application credentials are exchanged between the Server Software and a User or Device), for example without limitation Microsoft Exchange Server and Microsoft SharePoint Portal Server). A "Multiplexing Service" is a software application or service accessing or using the Server Software at the request of or on behalf of a User. No other Users may use or access the Server Software with the limited exception that y ou may permit up to five (5) other Users to use or access the services of a Server running the Server Software.

B.3. SQL Server 2000 Standard Edition

SQL Server 2005 Standard Edition Processor License.

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