Applus Technologies Microsoft Product Terms.docx

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Vehicle Inspection and Maintenance Program MDOTBOSTON-IM
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BD-16-1030-0R100-0R001-00000006553
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Massachusetts

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This document contains information related to a state and local contract opportunity in Massachusetts to manage and implement the Vehicle Emission and Safety Test Program. The contractor selected will be responsible for developing and managing the Inspection Station network, developing and implementing inspection protocols, acquiring and maintaining inspection equipment and data systems, training inspectors, and providing communications to the public, inspectors, and repairers. The contract term is not specified.

The document does not provide details on pricing terms, set asides, incumbents, funding requirements and sources, or other salient financial information. It focuses on the scope of work, responsibilities, and requirements for the contractor selected to manage and implement the Vehicle Emission and Safety Test Program.

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Microsoft Volume Licensing Product Terms (Worldwide English, March 2016)

Volume Licensing

Product Terms March 1, 2016

Table of Contents

Microsoft Volume Licensing Product Terms (Worldwide English, March 2016)
2

Table of Contents

Introduction

License Terms

Software

Online Services

Glossary

Appendices

Index

Introduction4
About this Document4
What this Document contains4
How to Navigate a Product Entry4
Clarifications and Summary of Changes to this Document5
License Terms6
Universal License Terms6
License Model Terms8
Desktop Applications8
Desktop Operating Systems9
Processor/CAL9
Server/CAL9
Per Core10
Management Servers10
Specialty Servers11
Developer Tools11
Software12
Advanced Threat Analytics12
BizTalk12
CAL Suites13
Core Infrastructure Server (CIS) Suite15
Forefront16
Microsoft Dynamics17
Microsoft Dynamics AX17
Microsoft Dynamics CRM19
Microsoft Identity Manager20
Office Applications21
Office Desktop Applications21
Office for Mac22
Office Servers23
Exchange Server23
Project Server24
SharePoint Server25
Skype for Business Server26
R Server27
SQL Server27
System Center30
System Center Server30
System Center Client Management Suite31
System Center Configuration Manager31
System Center Data Protection Manager32
System Center Endpoint Protection32
System Center Operation Manager33
System Center Server Management Suite33
System Center Service Manager33
Virtual Desktop Infrastructure (VDI) Suite33
Visual Studio34
Visual Studio34
Visual Studio Team Foundation Server35
Windows36
Windows Desktop Operating System36
Windows Server42
Windows MultiPoint Server42
Windows Server43
Windows Small Business Server45
Online Services47
Online Services Regional Availability47
Online Services Purchasing Rules47
Online Services Renewal47
Microsoft Azure Services47
Microsoft Azure Services49
Microsoft Azure Support (Plan)49
Microsoft Azure Site Recovery (Plan)49
Enterprise Mobility Suite (Plan)50
Azure Active Directory (Plan)51
Azure Rights Management (Plan)51
Azure RemoteApp (Plan)51
Operations Management Suite (Plan)52
Microsoft MultiFactor Authentication (Plan)52
Microsoft Azure StorSimple52
Enterprise Cloud Suite53
Microsoft Intune53
Microsoft Dynamics Online Services54
Microsoft Dynamics AX54
Microsoft Dynamics CRM Online54
Microsoft Dynamics Marketing55
Microsoft Social Engagement56
Parature, from Microsoft56
Office 365 Services57
Office 365 Applications57
Office 365 Suites58
Office 365 Customer Lockbox60
Office 365 Delve Analytics61
Office 365 Advanced eDiscovery61
Exchange Online61
OneDrive for Business62
Project Online62
SharePoint Online63
Skype for Business Online63
Other Online Services64
Bing Maps64
Microsoft Learning64
Microsoft Translator65
Power BI Pro65
Yammer Enterprise65
Glossary67
Attributes67
Cell Values68
Column Headings68
Definitions69
Appendix A – CAL/ML Equivalent Licenses72
Appendix B – Software Assurance73
Purchasing Software Assurance73
Renewing Software Assurance73
Migration License for Discontinued or End-of-Life Products74
Software Assurance Benefits74
Appendix C – Professional Services85
Microsoft Premier Support Offerings85
Microsoft Enterprise Strategy Program Offerings85
Sales Productivity Accelerator Offerings86
Appendix D – Program Agreement Supplemental Terms87
Supplemental Terms for Select Plus Program87
Definition of Management for Qualified Devices87
Online Services in the Open Programs87
Supplemental Terms for Professional Services – Legacy Agreements87
Appendix E – Promotions89
System Center Client Management Suite Promotion89
Azure Compute Capacity Promotion89
Appendix F - Storage Array Terms90
Availability90
Shipment and Title90
Storage Array Software90
Limited Hardware Warranty90
Indemnification. Defense of third party claims91
Limitation of Liability91
U.S. Export Control Laws91
Collection of Diagnostic Information91
Government Use91
Index92
Microsoft Volume Licensing Product Terms (Worldwide English, March 2016)
3

Table of Contents

Introduction

License Terms

Software

Online Services

Glossary

Appendices

Index

Microsoft Volume Licensing Product Terms (Worldwide English, March 2016)
#

Table of Contents

Introduction

License Terms

Software

Online Services

Glossary

Appendices

Index

Introduction

About this Document Beginning July 1, 2015, the Product Terms replaces both the Product List and the Product Use Rights (PUR) documents. All references to the Product List and PUR in Customer’s volume licensing agreements refer to the applicable sections of the Product Terms. The Product Terms describe the availability of Products and Professional Services through the Microsoft Volume Licensing Programs (previously conveyed through the Product List), as well as the use rights for Software Products (previously conveyed through the PUR). Terms of service for the Online Services referenced in this document are published in the Online Services Terms (OST) at http://go.microsoft.com/?linkid=9840733.

Products listed in the Product Terms are available as of the date on the Product Terms Cover Page. Earlier versions of the Product Terms are available on http://go.microsoft.com/?linkid=9839207, including earlier versions of the Product List and PUR documents. Information on discontinued Microsoft products and services is available on http://www.microsoftvolumelicensing.com. Customers should contact their reseller or Microsoft account manager for information pertaining to regional availability of Microsoft products and Professional Services.

What this Document contains The Product Terms includes the following sections:

· Introduction, which includes a list of recent changes.

· License Terms, which list the Universal License Terms and License Model Terms that apply to Software Products.

· Software Products, which list all Software Product Entries.

· Online Services Products, which list all Online Services Product Entries.

· Glossary, which defines Attributes, Cell Values, Column Headings and other capitalized terms used in the Product Terms.

· The following appendices:

· Appendix A – CAL/ML Equivalent Licenses Table, which identifies CAL suites and Online Services subscription Licenses available that provide access to Server Products.

· Appendix B – Software Assurance, which describes rules on purchasing SA and additional benefits available to SA customers.

· Appendix C – Professional Services, which lists the Professional Services offered through Microsoft Volume Licensing.

· Appendix D – Program Agreement Supplemental Terms, which provides additional terms for Microsoft Volume Licensing Program Agreements.

· Appendix E – Product Promotions, which lists Product promotions that are not otherwise on the Price List.

· Appendix F - Storage Array Terms, which provided additional terms for Storage Array devices.

· Index, which lists all the Products referenced in the Product Terms and identifies where they are located.

How to Navigate a Product Entry Each Software Product Entry includes four sections: Program Availability, Product Conditions, Use Rights, and Software Assurance.

Each Online Services Product Entry includes two sections: Program Availability and Product Conditions.

1. Program Availability identifies, for each Product, the offering type, point count (where applicable), and availability across volume licensing programs.

2. Product Conditions provides additional information related to acquiring the Product, such as prerequisites for purchase, prior versions, and the applicable Product Pool.

3. Use Rights identifies the License Terms for each Software Product, including the Universal License Terms, the applicable License Model, and any Product-Specific License Terms. References in Customer’s volume licensing agreement to “Product Use Rights” refer to the terms included in the Use Rights section of each Software Product Entry. Terms for Online Services are in the OST.

4. Software Assurance identifies terms and conditions associated with SA coverage.

Clarifications and Summary of Changes to this Document Below are recent additions, deletions and other changes to the Product Terms. Also listed below, are clarifications of Microsoft policy in response to common customer questions.

Additions
Deletions

Microsoft Azure StorSimple

License Terms Developer Tools: The Running the Software on Microsoft Azure Platform Services rules were updated to allow Windows Server and Windows Desktop Operating System software to be run on Microsoft Azure Platform Services in non-production use.

Software Windows Desktop Operating System: The Roaming Rights Retirement of Windows Enterprise and Windows VDA subsection has been removed and a reference to it has been added to the Migration Rights cell of the Software Assurance table.

Online Services Purchasing Rules: The Add-on User Subscription License section was integrated into the Online Services Purchasing Rules. Step-ups were added to the Online Services Purchasing Rules

Glossary Definitions: Add-on and Step-up were added as definitions.

Appendix F Storage Array Terms: Appendix F was added to include terms for Microsoft Storage Array devices.

Table of Contents / Glossary / Index

Microsoft Volume Licensing Product Terms (Worldwide English, March 2016)
5

Table of Contents

Introduction

License Terms

Software

Online Services

Glossary

Appendices

Index

License Terms All instances of the “Product Use Rights” in Customer’s volume licensing agreement refer to the terms identified in the “Use Rights” section of each Product Entry. For each Product, this includes the Universal License Terms, applicable License Model Terms and any Product-Specific License Terms in the Product Entry.

For Online Services, references to “Product Use Rights” in Customer’s volume licensing agreement refer to the OST. If a software Product includes both software and online services, the online services will be governed by the terms in the OST and all the software will be governed by these License Terms.

Universal License Terms Universal License Terms apply to all software Products licensed through Microsoft Volume Licensing (except where specifically noted in the License Model Terms and/or the Product-Specific License Terms).

1. Definitions Terms used in the Product Terms but not defined in the Glossary will have the definition provided in Customer’s volume licensing agreement.

2. Customer’s Use Rights If Customer complies with its volume licensing agreement, it may use the software as expressly permitted in the Product Terms. Customer needs a License for each Product and separately licensed functionality used on a device or by a user.

3. Rights to Use Other Versions and Lower Editions For any permitted copy or Instance, Customer may create, store, install, run or access in place of the version licensed, a copy or Instance of a prior version, different permitted language version, different available platform version (for example, 32 bit or 64 bit) or a permitted lower edition. The use rights for the licensed version still apply. Licenses for prior versions and lower editions do not satisfy the licensing requirements for a Product.

4. Third Party Software The software may contain third party proprietary programs or components that are licensed under separate terms that are presented to Customer during installation or in the "ThirdPartyNotices" file accompanying the software. The software may also contain third party open source programs that Microsoft, not the third party, licenses to Customer under Microsoft’s license terms.

5. Pre-Release Code, Updates or Supplements, Additional Functionality Microsoft may offer updates or supplements to the Products. Customer may use the updates or supplements to the Products, pre-release code, additional functionality and optional add-on services to the Products, subject to specific terms (if any) that accompany them. Some Products require automatic updates, as described in the Product-Specific License Terms.

6. Restrictions Customer may not (and is not licensed to) use the Products to offer commercial hosting services to third parties, work around any technical limitations in the Products or restrictions in Product documentation, or separate the software for use in more than one OSE under a single License (even if the OSEs are on the same physical hardware system), unless expressly permitted by Microsoft. Rights to access the software on any device do not give Customer any right to implement Microsoft patents or other Microsoft intellectual property in the device itself or in any other software or devices.

7. Software Assurance SA coverage may grant additional use rights to Customer. These additional rights end at the expiration of the SA coverage for the License, unless otherwise noted in the benefit description.

8. Outsourcing Software Management Customer may install and use licensed copies of the software on Servers and other devices that are under the day-to-day management and control of third parties, provided all such Servers and other devices are and remain fully dedicated to Customer’s use. Customer is responsible for all of the obligations under its volume licensing agreement regardless of the physical location of the hardware upon which the software is used.

9. License Assignment and Reassignment Before Customer uses software under a License, it must assign that License to a device or user, as appropriate. Customer may reassign a License to another device or user, but not less than 90 days since the last reassignment of that same License, unless the reassignment is due to (i) permanent hardware failure or loss, (ii) termination of the user’s employment or contract or (iii) temporary reallocation of CALs, Client Management Licenses and user or device SLs to cover a user’s absence or the unavailability of a device that is out of service. Customer must remove the software or block access from the former device or to the former user. SA coverage and any Licenses that are granted or acquired in connection with SA coverage may be reassigned only with the underlying qualifying License. Different terms apply to the reassignment of Windows desktop operating system licenses and SA coverage, as detailed in the Windows Product Entry.

10. Technical Measures Microsoft may use technical measures to enforce terms that restrict Customer’s use of certain versions of Product and may verify compliance with those terms as provided in Customer’s volume license agreement. Some Products are protected by technological measures and require activation or validation, as well as a product key, to install or access them.

10.1 Activation and validation

Successful activation or validation verifies that a software Product has been correctly installed, the product key is not stolen, and that no changes have been made to validation, licensing, or activation functions of the software. Customer’s right to use the software after the time specified in the software Product may be limited unless it is activated. Customer is not licensed to continue using the software if it has unsuccessfully attempted to activate. Each device that has not activated by a Key Management Service (KMS) must use a Multiple Activation Key (MAK). Customer may not circumvent activation or validation.

10.2 Product Keys

An assigned product key is required for licensed use of the software. All product keys are Confidential Information of Microsoft. Notwithstanding anything to the contrary in Customer’s volume licensing agreement, Customer may not disclose product keys to third parties. Customer may not provide unsecured access to its key management service (KMS) machines over an uncontrolled network. In the event of unauthorized use or disclosure of product keys or KMS keys, Microsoft may prevent further activations, deactivate or block product keys from activation or validation, and take other appropriate action.

11. Notices Where indicated in the Use Rights section of each Product Entry, the following notices apply:

11. 1 Internet-based Features Software Products may contain features that connect and send information over the Internet, without additional notice to Customer, to Microsoft’s systems and those of its Affiliates and service providers. Use of that information is described in the privacy statement available in each software Product.

11.2 Bing Maps

The Product includes use of Bing Maps. Any content provided through Bing Maps, including geocodes, can only be used within the product through which the content is provided. Customer’s use of Bing Maps is governed by the Bing Maps End User Terms of Use available at http://go.microsoft.com/?linkid=9710837 and the Bing Maps Privacy Statement available at http://go.microsoft.com/fwlink/?LinkID=248686.

11.3 H.264/AVC Visual Standard, the VC-1 Video Standard, and the MPEG-4 Part 2 Visual Standard This software may include H.264/AVC, VC-1, and MPEG-4 Part 2 visual compression technology. MPEG LA, L.L.C. requires this notice: THIS PRODUCT IS LICENSED UNDER THE AVC, THE VC-1, THE MPEG-4 PART 2 VISUAL PATENT PORTFOLIO LICENSES FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE ABOVE (“VIDEO STANDARDS”) AND/OR (ii) DECODE AVC, VC-1, MPEG-4 PART 2 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE SUCH VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE www.mpegla.com. For clarification purposes, this notice does not limit or inhibit the use of the software for normal business uses that are personal to that business which do not include (i) redistribution of the software to third parties, or (ii) creation of content with the VIDEO STANDARDS compliant technologies for distribution to third parties.

12. Font Components, Images, and Sounds While Customer runs the software, it may access and use icons, images, sounds and media included with the software only from a Licensed Device and may use the fonts included with or installed by that software to display and print content. Customer may only embed fonts in content as permitted by the embedding restrictions in the fonts; and temporarily download them to a printer or other output device to print content.

13. Included Technologies Products may include other Microsoft technology components subject to their own license terms, as indicated in the Use Rights section of each Product Entry. If separate terms for these components are not addressed in the Product-Specific License Terms, they may be found in a separate folder in the Product’s installation directory or through the Product’s unified installer.

14. Benchmark Testing Customer must obtain Microsoft’s prior written approval to disclose to a third party the results of any benchmark test of any Server Product or Microsoft Desktop Optimization Pack. This does not apply to Windows Server.

15. Multiplexing Multiplexing or pooling to reduce direct connections with the software does not reduce the number of required Licenses.

16. Administrative and Support Rights Customer may allow access to server software running in any permitted OSE by two users without CALs solely for administrative purposes. Customer may also allow remote access to other Products solely for purposes of providing technical product support to Licensed Users or on Licensed Devices.

17. Distributable Code The software may include code that Customer is permitted to distribute in programs it develops if it complies with the terms below.

17.1 Right to Use and Distribute

The code and text files listed below are “Distributable Code.”

· REDIST.TXT Files: Customer may copy and distribute the object code form of code listed in REDIST.TXT files and in OTHER-DIST.TXT files, as well as any code marked as “Silverlight Libraries”, Silverlight “Client Libraries” and Silverlight “Server Libraries”.

· Sample Code, Templates, and Styles: Customer may modify, copy, and distribute the source and object code form of code marked as “sample, “template”, “simple styles” and “sketch styles.”

· Third Party Distribution: Customer may permit distributors of its programs to copy and distribute the Distributable Code as part of those programs.

· Image Library: Customer may copy and distribute images, graphics and animations in the Image Library as described in the software documentation.

17.2 Distribution Requirements

If Customer distributes any Distributable Code. Customer must:

· Only distribute it with Customer’s programs, where Customer’s programs provide significant primary functionality to the Distributable Code;

· require distributors and external end users to agree to terms that protect the Distributable Code at least as much as Customer’s volume licensing agreement, including the Product Terms;

· indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of Customer’s programs, except to the extent that any claim is based solely on the Distributable Code included in Customer’s programs.

17.3 Distribution Limitations

Customer may not:

· alter any copyright, trademark or patent notice in the Distributable Code;

· use Microsoft’s trademarks in Customer’s programs’ names or in a way that suggests its programs come from or are endorsed by Microsoft;

· distribute Distributable Code in or with any malicious or, deceptive programs or in an unlawful manner; 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 form, or that others have the right to modify it.

18. Software Plus Services Microsoft may provide services with Products through software features that connect with Microsoft or service provider computer systems over the Internet. It may change or cancel the services at any time. Customer may not use the services in any way that could harm them or impair anyone else’s use of them. Customer may not use the services to try to gain unauthorized access to any service, data, account or network by any means.

Table of Contents / Glossary / Index

License Model Terms The License Model for each Product is identified in the Use Rights section of the Product Entry. License Model terms apply to all software Products licensed under that License Model, as specified in the Product Entry and subject to any exceptions and other terms noted in the Product-Specific License Terms.

Desktop Applications Device License

1. Customer may install any number of copies of the software on a Licensed Device and on any Server dedicated to Customer’s use for each License it acquires.

2. Unless Customer licenses the software as an Enterprise Product or on a company-wide basis, it may also install the software on a single portable device for use by the Primary User of the Licensed Device.

3. Any number of users may use the software running on a Licensed Device, but only one user may access and use the software at a time.

4. Remote use of the software running on a Licensed Device is permitted for the Primary User from any device or for any other user from another Licensed Device.

5. Remote use of the software running on a Server dedicated to Customer’s use is permitted for any user from a Licensed Device.

Media Elements and Templates Microsoft grants Customer a license to copy, distribute, perform and display media elements (images, clip art, animations, sounds, music, video clips, templates and other forms of content) included with the software and the Office web apps in projects and documents, except that Customer may not sell, license or distribute copies of any media elements by themselves or as a product if the primary value of the product is the media elements.

Desktop Operating Systems Device License

1. Customer may install one copy of the software on a Licensed Device or within a local virtual hardware system on a Licensed Device for each License it acquires.

2. Customer may use the software on up to two processors.

3. Local use is permitted for any user.

4. Remote use is permitted for the Primary User of the Licensed Device and for any other user from another Licensed Device or a Windows VDA Licensed Device.

5. Only one user may access and use the software at a time.

6. Customer may connect up to 20 devices to the Licensed Device for file sharing, printing, Internet Information Services, Internet Connection Sharing or telephony services.

7. An unlimited number of connections are allowed for KMS activation or similar technology.

Adobe Flash Player The software may include a version of Adobe Flash Player. Customer agrees that its use of the Adobe Flash Player is governed by the license terms for Adobe Systems Incorporated at http://go.microsoft.com/fwlink/?linkid=248532. Adobe and Flash are either registered trademarks or trademarks of Adobe Systems Incorporated in the United States and/or other countries.

Processor/CAL Server Licenses (per processor)

1. Customer may use the server software on a Licensed Server, provided it acquires sufficient Server licenses as described below.

2. One License is required for every two Physical Processors on a Licensed Server.

3. Each Standard License permits use of the server software in two OSEs.

4. Customer may use one Running Instance of the server software in each OSE.

5. Customer may use one Running Instance of the server software in the Physical OSE (in addition to two Virtual OSEs per license), if the Physical OSE is used only to host and manage the Virtual OSEs.

6. Datacenter licenses permit use of the server software in any number of OSEs.

7. As long as the total number of licenses and Physical Processors remains the same, License reassignment is permitted any time Customer repartitions a single piece of hardware.

8. As a one-time alternative to assigning base CALs per user or per device, a number of base CALs may be dedicated to an Instance of the server software on a single Server (per server mode) to permit up to the same number of users or devices to concurrently access that Instance.

Access Licenses

1. Except as described here and noted in the Product-Specific License Terms, all server software access requires CALs or CAL Equivalent Licenses.

2. CALs are not required for access by another Licensed Server.

3. CALs are not required to access server software running a Web Workload or HPC Workload.

4. CALs are not required for access in a Physical OSE used solely for hosting and managing Virtual OSEs.

Server/CAL Server Licenses (per Instance) Customer may use one Running Instance of server software in either a Physical OSE or Virtual OSE on a Licensed Server for each License it acquires.

Access Licenses

1. Except as described here and noted in the Product-Specific License Terms, all server software access requires CALs or CAL Equivalent Licenses.

2. CALs are not required for access by another Licensed Server.

Per Core For Products under the Per Core License Model, Customer must choose either Licensing by Physical Core on a Server or Licensing by Individual Virtual OSE. The terms for each are set forth below.

Server Licenses (per core) – Licensing by Physical Core on a Server

1. Customer may use the server software on a Licensed Server, provided it acquires sufficient Server Licenses as described below.

2. The number of licenses required equals the number of Physical Cores on the Licensed Server multiplied by the applicable Core Factor located at http://go.microsoft.com/fwlink/?LinkID=229882.

3. For enterprise and parallel data warehouse editions, Customer may use any number of Running Instances of the server software on the Licensed Server in a number of Physical OSEs and/or Virtual OSEs equal to the number of licenses assigned to it.

4. For each additional enterprise edition License that Customer assigns beyond the number of Licenses required under paragraph 2 above, it may use of the server software in one additional OSE on the Licensed Server.

5. For other editions Customer may use any number of Running Instances of the server software only in the Physical OSE on the Licensed Server.

Server Licenses (per core) – Licensing by Individual Virtual OSE

1. Customer may use any number of Running Instances of the server software in any Virtual OSE on the Licensed Server, provided it acquires sufficient Licenses as described below.

2. The number of Licenses required equals the number of Virtual Cores in the Virtual OSE, subject to a minimum of four Licenses per Virtual OSE.

3. If any Virtual Core is at any time mapped to more than one Hardware Thread, Customer needs a License for each Hardware Thread to which it is mapped.

Management Servers Management Licenses The Management License version, not the version of software used, determines the version of applicable License Terms (including use under downgrade rights notwithstanding terms to the contrary).

Server Management Licenses (per processor)

1. Customer may use the software on any Server dedicated to its use to Manage OSEs on a Licensed Server, provided it acquires sufficient Server Licenses as described below.

2. OSEs running Server operating systems require Server Management Licenses.

3. One License is required for every two processors on the Licensed Server.

4. Each standard edition License permits use of the software to Manage up to two OSEs on the Licensed Server.

5. Standard edition licenses permit Management of the Physical OSE on the Licensed Server in addition to two other OSEs if the Physical OSE is used solely to host and Manage Virtual OSEs.

6. Customer may assign additional Standard edition licenses to its Licensed Server and Manage two additional OSEs per License.

7. Datacenter edition Licenses permit use of the software to Manage any number of OSEs on the Licensed Server.

Client Management Licenses (per OSE or user)

1. Customer may use the software to Manage an OSE on a Licensed Device or OSEs on devices used by a Licensed User for each Client Management License it acquires.

2. OSEs running operating systems other than Server operating systems require Client Management Licenses or Management License Equivalent Licenses.

3. The number of Client Management Licenses required depends on License type (per OSE or user) assigned.

4. Management of an OSE accessed by more than one user requires an OSE Client Management License or a User Client Management License for each user.

Management Licenses are not required for:

1. OSEs in which there are no Running Instances of software;

2. Any of Customer’s network infrastructure devices functioning solely for the purpose of transmitting network data and not running Windows Server software;

3. Conversion of OSEs from Physical to Virtual; or

4. Any device solely monitored or managed for the status of its hardware components with respect to system temperature, fan speed, power on/off, system reset or CPU availability.

Data Sets Customer may not copy or distribute any data set (or any portion of a data set) included in the software.

Specialty Servers Server Licenses (per Instance) Customer may use one Running Instance of server software in either a Physical OSE or Virtual OSE on a Licensed Server for each Server License it acquires Developer Tools User Licenses

1. One Licensed User may use any number of copies of the software and any prior version on any device dedicated to Customer’s use for each User License it acquires.

2. Licensed Users may use the software for evaluation and to develop, test, and demonstrate Customer’s programs. These rights include the use of the software to simulate an end user environment to diagnose issues related to its programs.

3. The software is not licensed for use in a Production Environment.

Additional License Terms for MSDN Subscriptions In addition to the rights in the License Model Terms, Customer may allocate an MSDN subscription for each License it acquires. For MSDN subscriptions, the “Software” means software made available to Customer’s subscription level via MSDN Subscriber Downloads.

Running the Software on Microsoft Azure Platform Services

1. The Licensed User may run the Software on Microsoft Azure Platform Services during the term of its MSDN subscription.

2. The use of the Software remains subject to the terms and conditions of Customer’s volume licensing agreement and any terms that come with the Software.

3. The Developer Tools License Model Terms apply to the use of the Software and Azure MSDN Dev/Test offers, except that the Licensed User may not run Office Professional Plus or System Center Virtual Machine Manager for production use on Microsoft Azure Platform Services.

Additional Requirements To run Software on Microsoft Azure Platform Services Customer must activate its MSDN subscription by linking its Microsoft account to the MSDN subscription.

Acceptance Testing and Feedback Customer’s end users may access the Software to perform acceptance tests or to provide feedback on its programs.

Windows Server 2012 R2 Remote Desktop Services Up to 200 anonymous users at a time may use the Remote Desktop Services feature of the Windows Server software to access online demonstrations of Customer’s programs.

Windows Embedded Product Each Windows Embedded Product is licensed under the terms that come with it, including any Microsoft obligations related to defense of infringement and misappropriation claims. These terms replace the corresponding terms in Customer’s volume licensing agreement. Each Licensed User may install and use an unlimited number of copies of the licensed Windows Embedded Product.

Table of Contents / Glossary / Index

Microsoft Volume Licensing Product Terms (Worldwide English, March 2016)
11

Table of Contents

Introduction

License Terms

Software

Online Services

Glossary

Appendices

Index

Software Advanced Threat Analytics

1. Program Availability

Products
DA
L
L/SA
SA
OL
S/S+
MPSA
OV/OVS
EA/EAS
OVS-ES
EES
Advanced Threat Analytics 2016 Client Management License per OSE
8/15
2
1
P
A
A
A,ST
Advanced Threat Analytics 2016 Client Management License per User
8/15
2
1
P
A
A

2. Product Conditions

Prior Version: N/A
Product Pool: Server
Down Editions: N/A
Extended Term Eligible: N/A
Prerequisite: N/A
Prerequisite (SA): Appendix B
Promotions: N/A
Qualified User Exemption: N/A
Reduction Eligible: N/A
Reduction Eligible (SCE): N/A
Student Use Benefit: N/A
True-Up Eligible: N/A

UTD Discount: N/A

2.1 Country Restrictions

Customer may not download Advanced Threat Analytics 2016 for use or distribution in the People’s Republic of China.

3. Use Rights

License Terms: Universal; Management Server
Product-Specific License Terms: Yes
Additional Software: N/A
Client Access Requirements: N/A
External User Access Requirements: N/A
Included Technologies: Windows Software Components

Notices: Internet-based Features

3.1 Management License

Client Management License
Advanced Threat Analytics 2016 (User or OSE ML)
Management License Equivalent License (refer to Appendix A)

3.2 Usage Requiring a Management License

Licenses are only required for client OSEs (or server OSEs used as client OSEs) that are on or accessed by end user devices authenticated by an Active Directory managed by Advanced Threat Analytics.

3.3 GNU Lesser General Public Licensed libraries

Licensed User may reverse engineer, decompile or disassemble the Advanced Threat Analytics software, or otherwise attempt to derive the source code for the Advanced Threat Analytics Server software solely to the extent required to debug changes to any libraries licensed under the GNU Lesser General Public License that may be included with and linked to by the software.

4. Software Assurance

SA Benefits: Server
Disaster Recovery: Yes
Fail-Over Rights: N/A
License Mobility: N/A
Migration Rights: N/A
Roaming Rights: N/A

Self Hosting: Yes

Table of Contents / Glossary / Index

BizTalk

1. Program Availability

Products
DA
L
L/SA
SA
OL
S/S+
MPSA
OV/OVS
EA/EAS
OVS-ES
EES
BizTalk Server 2013 R2 Branch Edition
6/14
25
38
13
OF
P
A,AP,ID,SP
A
A
BizTalk Server 2013 R2 Branch IDC
6/14

ID

BizTalk Server 2013 R2 Developer
6/14

ID

BizTalk Server 2013 R2 Enterprise Edition
6/14
200
300
100
OF
P
A,AP,SP
A
A
BizTalk Server 2013 R2 Standard Edition
6/14
50
75
25
OF
P
A,AP,SP
A
A
BizTalk Server 2013 R2 Standard Edition IDC
6/14

ID

Prior Version: BizTalk Server 2013 (3/13)
Product Pool: Server
Down Editions: N/A
Extended Term Eligible: N/A
Prerequisite: N/A
Prerequisite (SA): Appendix B
Promotions: N/A
Qualified User Exemption: All
Reduction Eligible: N/A
Reduction Eligible (SCE): All (except Branch IDC)
Student Use Benefit: N/A
True-Up Eligible: N/A

UTD Discount: N/A

3. Use Rights

License Terms: Universal; Per Core - All (except Developer), Developer Tools - Developer
Product-Specific License Terms: Branch and Standard
Additional Software: All editions (except Developer)
Client Access Requirements: N/A
External User Access Requirements: N/A
Included Technologies: Windows Software Components and Office Web Apps - All (except Developer)

Notices: Internet-based Features

3.1 BizTalk Server 2013 R2 Branch and Standard Edition

Customer may not use the server software on a Server that is part of a networked cluster or in an OSE that is part of a networked cluster of OSEs on the same Server.

3.2 BizTalk Server 2013 R2 Branch Edition

Customer may Run Instances of the software on Licensed Servers only at the endpoint of its internal network (or edge of its organization) to connect business events or transactions with activities processed at that endpoint; provided, the Licensed Server may not:

· act as the central node in a “hub and spoke” networking model,

· centralize enterprise-wide communications with other Servers or devices; or

· automate business processes across divisions, business units, or branch offices.

3.3 Additional Software

Administration and Monitoring Tools
ADOMD.NET
BizTalk Server Related Schemas and Templates
Business Activity Monitoring (“BAM”) Client
BAM Alert Provider for SQL Notification Services
BAM Event APIs and Interceptors and Administration Tools
Business Activity Services
Business Rules Component
Development Tools
HTTP Receive Adapter
Master Secret Server/Enterprise Single Sign-On
MQHelper.dll
MQSeries Agent
MSXML
SOAP Receive Adapter
Software Development Kit(s)
SQLXML
UDDI
Windows Communication Foundation Adapters
Windows SharePoint Services Adapter Web Services

4. Software Assurance

SA Benefits: Server
Disaster Recovery: All editions (except Developer)
Fail-Over Rights: N/A
License Mobility: All editions (except Developer)
Migration Rights: Product List - December 2014
Roaming Rights: N/A

Self Hosting: All editions (except Branch and Developer)

4.1 Biz Talk Server 2013 R2 Enterprise – Unlimited Virtualization Customer may run any number of Instances of the server software in any number of OSEs on any Licensed Server for which it has full SA coverage on all of its Server (per core) Licenses.

Table of Contents / Glossary / Index

CAL Suites

Products
DA
L
L/SA
SA
OL
S/S+
MPSA
OV/OVS
EA/EAS
OVS-ES
EES

Core CAL Suite (Device and User)

(1)
2
1
CP, P
PP
ED
ED,SD,ST

Core CAL Suite Bridge for Office 365 (User SL)

P
E

Core CAL Suite Bridge for Office 365 and Microsoft Intune (User SL)

E

Core CAL Suite Bridge for Microsoft Intune (User SL)

E

Core CAL Suite Bridge for Enterprise Mobility Suite (User SL)

P
E

Enterprise CAL Suite (Device and User)

(2)
8
2
CP, P
EP
ED
ED,SD,ST

Enterprise CAL Suite Bridge for Office 365 (User SL)

P
E

Enterprise CAL Suite Bridge for Office 365 From SA (User SL)

E

Enterprise CAL Suite Bridge for Office 365 and Microsoft Intune (User SL)

E

Enterprise CAL Suite Bridge for Microsoft Intune (User SL)

E

Enterprise CAL Bridge for Enterprise Mobility Suite (User SL)

P
E

Enterprise CAL Bridge for Enterprise Mobility Suite From SA (User SL)

E

Prior Version: N/A
Product Pool: Server
Down Editions: N/A
Extended Term Eligible: N/A
Prerequisite: N/A
Prerequisite (SA): Appendix B
Promotions: N/A
Qualified User Exemption: N/A
Reduction Eligible: N/A
Reduction Eligible (SCE): N/A
Student Use Benefit: N/A
True-Up Eligible: N/A

UTD Discount: Core CAL or Enterprise CAL Suite

2.1 Process to Determine Applicable Use Rights for CAL Suites A CAL Suite License is version-less and the access rights are determined by the status of the SA coverage on it. If SA coverage lapses, access rights under perpetual Licenses are determined based on the use rights in effect for the versions that were current prior to the lapse.

2.2 Components of CAL Suite

Refer to Appendix A, CAL/Management License Equivalent Licenses chart for the current components of the Core CAL Suite and the Enterprise CAL Suite.

2.3 Online Services Included with Enterprise CAL Suite

Enterprise CAL Suite with active SA coverage also includes the rights to Exchange Online Archiving for Exchange Server, Data Loss Prevention, and Exchange Online Protection. For customers under Microsoft Business Agreements dated prior to October 2010 and Enrollments dated prior to July 2011, purchase and use of the Online Services included with Enterprise CAL Suite is governed by the Supplemental Terms for Online Services used with Software – Legacy Agreements in Appendix A – Program Agreement Supplemental Terms in the June 2015 Product List at http://go.microsoft.com/?linkid=9839207.

2.4 CAL Suite Bridge for O365, for O365 & Intune, and for Intune

2.4.1 CAL Suite Bridges Requirements

A CAL Suite Bridge may be required when replacing a CAL Suite with a comparable software and Online Service combination. When a CAL Suite Bridge is required the number of CAL Suite Bridge User SLs should be the same number of User SLs for the qualifying Online Service.

A CAL Suite Bridge is an Enterprise Product, and may only be licensed in conjunction with its qualifying Online Service to satisfy the Organization Wide requirement of either that CAL Suite Bridge or its parent CAL Suite.

CAL Suite Bridge
Parent CAL Suite
Qualifying Online Services
Core CAL Suite Bridge for Office 365*
Core CAL Suite
Office 365 Enterprise E1, or Office 365 Enterprise E3, or Office 365 Enterprise E4
Core CAL Suite Bridge for Office 365 and Microsoft Intune
Core CAL Suite
Office 365 Enterprise E1 and Microsoft Intune, or

Office 365 Enterprise E3 and Microsoft Intune, or Office 365 Enterprise E4 and Microsoft Intune

Core CAL Suite Bridge for Microsoft Intune
Core CAL Suite
Microsoft Intune
Core CAL Suite Bridge for Enterprise Mobility Suite*
Core CAL Suite
Enterprise Mobility Suite
Enterprise CAL Suite Bridge for Office 365*
Enterprise CAL Suite
Office 365 Enterprise E3, or

Office 365 Enterprise E4

Enterprise CAL Suite Bridge for Office 365 and Microsoft Intune
Enterprise CAL Suite
Office 365 Enterprise E3 and Microsoft Intune, or

Office 365 Enterprise E4 and Microsoft Intune

Enterprise CAL Suite Bridge for Microsoft Intune
Enterprise CAL Suite
Microsoft Intune
Enterprise CAL Suite Bridge for Enterprise Mobility Suite*
Enterprise CAL Suite
Enterprise Mobility Suite

*CAL Suite Bridge From SA User SLs require fully paid, perpetual Licenses with active SA for the equivalent Parent CAL Suite. CAL Suite Bridge From SA User SL may also be purchased instead of Subscription Licenses for the Products if the Subscription License was purchased at least three years prior to the purchase of the From SA User SL.

2.4.2 Student Only CALs (Academic Open License and Academic Select) Student Only CALs are restricted to license student owned PCs or institution owned PCs dedicated to an individual student and are not for use in labs or classrooms.

3. Use Rights

License Terms: Universal; Server/CAL, Processor/CAL, Management Server
Product-Specific License Terms: N/A
Additional Software: N/A
Client Access Requirements: N/A
External User Access Requirements: N/A
Included Technologies: N/A

Notices: N/A

SA Benefits: Server
Disaster Recovery: N/A
Fail-Over Rights: N/A
License Mobility: N/A
Migration Rights: Product List - March 2014 (Forefront United Access Gateway 2010)
Roaming Rights: N/A

Self Hosting: N/A

4.1 Extended Use Rights for Enterprise Cloud Suite Customers

For qualifying customers, the Enterprise Cloud Suite or combination of Office 365 and Enterprise Mobility Suite provides access rights to the component service of Exchange Online Archiving for Exchange Server. “Qualifying Customers” are Enterprise Enrollment or Enterprise Subscription Enrollment customers who have active Software Assurance coverage for the Enterprise CAL Suite as of November 30, 2014.

Qualifying Customers licensed for Enterprise Cloud Suite or the combination of Office 365 and Enterprise Mobility Suite have the same access to Exchange Online Archiving for Exchange Server as Enterprise CAL Suite provided.

Table of Contents / Glossary / Index

Core Infrastructure Server (CIS) Suite

Products
DA
L
L/SA
SA
OL
S/S+
MPSA
OV/OVS
EA/EAS
OVS-ES
EES

Core Infrastructure Server Suite Standard

25
38
13
OF
P
C ,SP
A
A

Core Infrastructure Server Suite Datacenter

75
113
38
OF
P
C ,SP
A
A
Prior Version: N/A
Product Pool: Server
Down Editions: N/A
Extended Term Eligible: N/A
Prerequisite: N/A
Prerequisite (SA): Appendix B
Promotions: N/A
Qualified User Exemption: N/A
Reduction Eligible: N/A
Reduction Eligible (SCE): All
Student Use Benefit: N/A
True-Up Eligible: N/A

UTD Discount: N/A

License Terms: Universal
Product-Specific License Terms: All editions
Additional Software: N/A
Client Access Requirements: N/A
External User Access Requirements: N/A
Included Technologies: N/A

Notices: N/A

3.1 Applicable Use Rights

Customer’s access and use of CIS software is governed by the applicable License Terms for the individual Products comprising the CIS software as modified by these License Terms. One CIS Suite License is required for every two Physical Processors. Customer needs to license each Physical Processor on each Server on which it Runs CIS software.

3.2 Software Included with CIS Suite Standard

CIS Suite Standard includes the latest versions of Windows Server Standard and System Center Standard. For each License of CIS Suite Standard, Customer may run on the Licensed Server, at any one time:

· One Instance of Windows Server Standard in one Physical OSE, and

· One Instance of Windows Server Standard in each of up to two Virtual OSEs If Customer uses the maximum permitted number of Running Instances, the Instance Running in the Physical OSE may be used only to host and manage the Virtual OSEs.

3.3 Software Included with CIS Suite Datacenter

CIS Suite Datacenter includes the latest versions of Windows Server Datacenter and System Center Datacenter. Customer may use any number of Running Instances of the Windows Server Datacenter in any number of OSEs on each Licensed Server with CIS Suite Datacenter.

3.4 Management License

For purposes of applying the License Terms for System Center to Customer’s use of the CIS software, Customer is deemed to have assigned to the Licensed Server System Center Licenses equal to the number of CIS Suite Licenses assigned to the Server.

3.5 Additional Terms

Customer may run a prior version or a down edition of any of the individual Products included in the CIS Suite as permitted in the license terms for that Product in the Product Terms.

All other requirements to acquire and assign External Connector Licenses, CALs and Management Licenses to users or devices for access and management, as set forth in the Product Terms, remain in full force and effect.

3.6 Special Downgrade Right – Core Infrastructure Server Suite Standard For any Server that is correctly licensed for CIS Suite Standard, Customer may run an Instance of Windows Server 2008 R2 Enterprise in place of Windows Server Standard.

4. Software Assurance

SA Benefits: Server
Disaster Recovery: All editions
Fail-Over Rights: N/A
License Mobility: N/A
Migration Rights: Product List - March 2014
Roaming Rights: N/A

Self Hosting: N/A

4.1 Software Assurance Renewal Offer for Windows Server and System Center Customers who have licenses with active SA for the Products in column A of the table below may, upon expiration of that coverage, acquire SA for the corresponding CIS Suite in column B without acquiring the underlying CIS Suite License.

Column A
Column B

Windows Server Standard System Center Standard Core Infrastructure Server Suite Standard

Windows Server Datacenter System Center Datacenter Core Infrastructure Server Suite Datacenter

For each set consisting of one of each of the qualifying Licenses in a cell in Column A of the table above, customers may acquire SA for one License of the corresponding CIS Suite in Column B. Customers who license and use CIS Suite (Standard or Datacenter) under this offer may no longer use software under their qualifying Licenses. Licenses and SA acquired under a subscription agreement do not qualify for this offer.

4.2 Software Assurance Rights and Benefits for Subscription Licenses Any Subscription License Customer acquires under a Server and Cloud Enrollment grants the same SA rights and benefits as Licenses with SA coverage during the term of the subscription.

Table of Contents / Glossary / Index

Forefront

Products
DA
L
L/SA
SA
OL
S/S+
MPSA
OV/OVS
EA/EAS
OVS-ES
EES
Forefront Identity Manager 2010 R2 - Windows Live Edition
5/12
25
38
13
A
A
Prior Version: Forefront Identity Manager 2010 - Windows Live Edition (4/10)
Product Pool: Server
Down Editions: N/A
Extended Term Eligible: N/A
Prerequisite: N/A
Prerequisite (SA): Appendix B
Promotions: N/A
Qualified User Exemption: N/A
Reduction Eligible: N/A
Reduction Eligible (SCE): N/A
Student Use Benefit: N/A
True-Up Eligible: N/A

UTD Discount: N/A

2.1 Forefront Identity Manager 2010 – Windows Live Edition

Forefront Identity Manager 2010 – Windows Live Edition is the next version for Identity Lifecycle Manager 2007 – Windows Live Edition.

3. Use Rights

License Terms: Universal; Specialty Server
Product-Specific License Terms: All editions
Additional Software: Yes
Client Access Requirements: N/A
External User Access Requirements: N/A
Included Technologies: N/A

Notices: N/A

3.1 Importing identity data: Forefront Identity Manager 2010 R2 Windows Live Edition Customer may use the software to import identity data, and changes to those data, from one or more connected data sources and to facilitate the synchronization and transfer of those data, between Customer’s connected data sources and the Microsoft Passport Network / Windows Live ID service. Customer may not use the software for any other purpose.

3.2 Additional Software

Client Software

SA Benefits: Server
Disaster Recovery: N/A
Fail-Over Rights: N/A
License Mobility: N/A

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