Microsoft Software License Terms (Ver B12-20-11)

Windows Storage Server 2008 Standard

These Microsoft Software License Terms (the “License Terms”) supplement the applicable Product Terms and Conditions. If there is any inconsistency between the terms and conditions set forth in these Microsoft Software License Terms and those set forth in the Product Terms and Conditions, the terms and conditions of these License Terms shall govern.

Capitalized terms used in these License Terms but not otherwise defined herein will have the meanings set forth in the applicable Product Terms and Conditions.

These License Terms apply to the Windows Storage Server 2008 Workgroup software (the “Software”) included on the Appliance.  The Software also includes any separate media on which you received the Software.

The Software on this Appliance includes Software licensed from Microsoft Corporation or its affiliate.

The terms also apply to any Microsoft

• updates,
• supplements,
• Internet-based services, and
• support services

for this Software, unless other terms accompany those items.  If so, those terms apply.  If you obtain updates or supplements directly from Microsoft, then Microsoft, and not EVault, licenses those to you.

This Software does not transmit personally identifiable information from your server to Microsoft Corporation computer systems without your consent.

By signing the Order Form purchasing the Appliance or using the Software, you accept these terms. 

As described below, using some features also operates as your consent to the transmission of certain standard computer information for Internet-based services.

If you comply with these license terms, you have the rights below.

1.  USE RIGHTS.

a.Server Software.  Server Software provides functions or services on this Appliance.  You may access, boot from, display and run the primary operating copy of the server Software only on this Appliance.  You may reinstall the server Software on this Appliance.  You may not use the server Software, or its components, on another server.

b. Device Software.  Device Software allows a device (other than this Appliance) to access or use the server Software.  You may install and use the device Software on any number of devices.

c. Processor Rights.  You may use the server Software with not more than one (1) processor at any one time, unless a higher number of allowed processors is indicated on the Certificate of Authenticity for the Software.

2.  ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.

a.  Specific Use.  EVault designed this Appliance for a specific use.  You may only use the Software for that use.

You may not use the Software to support additional software programs or functions, other than utilities or similar software used solely for administration, performance enhancement, preventative maintenance, or to provide complimentary data storage functionality for this Appliance.

b.  Software Use Limits.  You are not licensed to use any of the following functions of the server Software:

i.   Any use of the server Software as a domain controller or any other use of DCPromo.exe. 

ii.  Network Infrastructure Services. You may not use any functions of the server Software necessary to support a server network infrastructure.  For example, you may not use Routing and Remote Access Service (RRAS), Domain Name System (DNS), or Windows Internet Name Service (WINS).  You may, however, use the Dynamic Host Configuration Protocol (DHCP) server function and any network infrastructure client functions, such as DNS or DHCP clients.

iii. Terminal Services. This function enables devices to use server Software, or other software used with the server Software to provide similar services.  Terminal Services may be used only to the extent required to manage the server Software in Remote Administration Mode.

iv. Network Load Balancing Services.

v.  Any use of the following features or functions:

• Active Directory Domain Services
• Active Directory Certificate Services
• Active Directory Federation Services
• Active Directory Rights Management Services
• Application Server
• DNS Server
• Hyper-V
• Network Policy and Access Services
• UDDI Services
• Windows Deployment Services

c.  Limitation on Functions Supported by the Software.  EVault licenses you to use the server Software to support only the base functions as provided and installed on this Appliance.  You are not licensed to use the Appliance to run or support

i.   enterprise database software (such as Microsoft SQL Server), except non-enterprise engines such as Microsoft SQL Server 2005 Express Edition.  The server Software also may run or support enterprise database engines (including Microsoft SQL Server) that are integrated in and used only to support the server Software as part of the specific use for which EVault designed this Appliance,

ii.  enterprise resource planning (ERP) software,

iii. messaging or enterprise mail,

iv. Microsoft Exchange or Microsoft SharePoint Portal Server,

v.  team collaboration software, and/or

vi. web-based time management applications that address appointment, meeting and other calendar items.

These limitations do not restrict use of the Appliance for data management (such as providing storage and backup functions) for the software identified above.

e.  No CALs Required.  Devices that access or use functions of server Software licensed under these License Terms do not require a client access license (CAL).  Obtaining a CAL for any Microsoft product does not grant you rights to use functions of the server Software not licensed under these License Terms.

3.  SCOPE OF LICENSE.  The Software is licensed, not sold.  This agreement only gives you some rights to use the Software.  EVault and Microsoft reserve all other rights.  Unless applicable law gives you more rights despite this limitation, you may use the Software only as expressly permitted in this agreement.  In doing so, you must comply with any technical limitations in the Software that allow you to use it only in certain ways.  For more information, see the Software documentation or contact EVault.  Except and only to the extent permitted by applicable law despite these limitations, you may not:

• work around any technical limitations in the Software;
• reverse engineer, decompile or disassemble the Software;
• make more copies of the Software than specified in this agreement;
• publish the Software for others to copy;
• rent, lease or lend the Software; or
• use the Software for commercial software hosting services.

Except as expressly provided in this agreement, rights to access the Software on this server do not give you any right to implement Microsoft patents or other Microsoft intellectual property in software or devices that access this server.

You may use remote access technologies in the Software such as Remote Desktop to access the Software remotely from another device.  You are responsible for obtaining any licenses required for use of these protocols to access other software.

4.  DATA STORAGE TECHNOLOGY.  The server Software includes data storage technology called Windows Internal Database.  Components of the server Software use this technology to store data.  You may not otherwise use or access this technology under this agreement.

5.  INTERNET-BASED SERVICES.  Microsoft provides Internet-based services with the Software.  Microsoft may change or cancel them at any time.

a.Consent for Internet-Based Services.  The Software features described below connect to Microsoft or service provider computer systems over the Internet.  In some cases, you will not receive a separate notice when they connect.  You may switch off these features or not use them.  For more information about these features, visit http://go.microsoft.com/fwlink/?linkid=34493. By using these features, you consent to the transmission of this information.  Microsoft does not use the information to identify or contact you.

b.  Computer Information.  The following features use Internet protocols, which send to the appropriate systems computer information, such as your Internet protocol address, the type of operating system, browser and name and version of the Software you are using, and the language code of the device where you installed the Software.  Microsoft uses this information to make the Internet-based services available to you.

• Windows Update Feature.  You may connect new hardware to the device when you run the Software.  Your device may not have the drivers needed to communicate with that hardware.  If so, the update feature of the Software can obtain the correct driver from Microsoft and run it on your device.  You can switch off this update feature.
•   Digital Certificates.  The Software uses digital certificates.  These digital certificates confirm the identity of Internet users sending X.509 standard encrypted information.  The Software retrieves certificates and updates certificate revocation lists.  These security features operate only when you use the Internet.
• Auto Root Update.  The Auto Root Update feature updates the list of trusted certificate authorities.  You can switch off the Auto Root Update feature.
• Windows Media Digital Rights Management.  Content owners use Windows Media digital rights management technology (WMDRM) to protect their intellectual property, including copyrights.  This Software and third party software use WMDRM to play and copy WMDRM-protected content.  If the Software fails to protect the content, content owners may ask Microsoft to revoke the Software’s ability to use WMDRM to play or copy protected content.  Revocation does not affect other content.  When you download licenses for protected content, you agree that Microsoft may include a revocation list with the licenses.  Content owners may require you to upgrade WMDRM to access their content.  Microsoft software that includes WMDRM will ask for your consent prior to the upgrade.  If you decline an upgrade, you will not be able to access content that requires the upgrade.  You may switch off WMDRM features that access the Internet.  When these features are off, you can still play content for which you have a valid license.
• Malicious Software Removal/Clean On Upgrade.  Before installation of the Software, the Software will check and remove certain malicious software listed at http://www.support.microsoft.com/?kbid=890830 (“Malware”) from your device.  When the Software checks your device for Malware, a report will be sent to Microsoft about any Malware detected or errors that occurred while the Software was checking for Malware.  No information that can be used to identify you is included in the report.  You may disable the Software’s Malware reporting functionality by following the instructions found at http://www.support.microsoft.com/?kbid=890830.
• Network Connectivity Status Icon.  This feature determines whether a system is connected to a network by either passive monitoring of network traffic or active DNS or HTTP queries.  The query only transfers standard TCP/IP or DNS information for routing purposes.  You can switch off the active query feature through a registry setting.
• Windows Time Service.  This service synchronizes with time.windows.com once a week to provide your computer with the correct time.  You can turn this feature off or choose your preferred time source within the Date and Time Control Panel applet.  The connection uses standard NTP protocol.

c.  Use of Information.  Microsoft may use the computer information, error reports, and Malware reports to improve our software and services.  We may also share it with others, such as hardware and software vendors.  They may use the information to improve how their products run with Microsoft software.

d. Misuse of Internet-based Services.  You may not use these services in any way that could harm them or impair anyone else’s use of them.  You may not use the services to try to gain unauthorized access to any service, data, account or network by any means.

6.  BENCHMARK TESTING.  The Software includes one or more components of the .NET Framework (“.NET Components”).  You may conduct internal benchmark testing of those components.  You may disclose the results of any benchmark test of those components, provided that you comply with the conditions set forth at http://go.microsoft.com/fwlink/?LinkID=66406.  Notwithstanding any other agreement you may have with Microsoft, if you disclose such benchmark test results, Microsoft shall have the right to disclose the results of benchmark tests it conducts of your products that compete with the applicable .NET Component, provided it complies with the same conditions set forth at http://go.microsoft.com/fwlink/?LinkID=66406.

7.  NOTICES ABOUT THE MPEG-4 VISUAL STANDARD. The Software may include MPEG-4 visual decoding technology.  This technology is a format for data compression of video information.  MPEG LA, L.L.C. requires this notice:

USE OF THIS PRODUCT IN ANY MANNER THAT COMPLIES WITH THE MPEG‑4 VISUAL STANDARD IS PROHIBITED, EXCEPT FOR USE DIRECTLY RELATED TO (A) DATA OR INFORMATION (i) GENERATED BY AND OBTAINED WITHOUT CHARGE FROM A CONSUMER NOT THEREBY ENGAGED IN A BUSINESS ENTERPRISE, AND (ii) FOR PERSONAL USE ONLY; AND (B) OTHER USES SPECIFICALLY AND SEPARATELY LICENSED BY MPEG LA, L.L.C. 

If you have questions about the MPEG-4 visual standard, please contact MPEG LA, L.L.C., 250 Steele Street, Suite 300, Denver, CO 80206; www.mpegla.com.

8.  NOTICE ABOUT THE VC-1 VISUAL STANDARD.  This Software may include VC-1 visual decoding technology.  MPEG LA, L.L.C. requires this notice:

THIS PRODUCT IS LICENSED UNDER THE VC-1 PATENT PORTFOLIO LICENSES FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (A) ENCODE VIDEO IN COMPLIANCE WITH THE VC-1 STANDARD (“VC-1 VIDEO”) OR (B) DECODE VC-1 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 VC-1 VIDEO.  NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE.

If you have questions about the VC-1 visual standard, please contact MPEG LA, L.L.C., 250 Steele Street, Suite 300, Denver, Colorado 80206; http://www.mpegla.com.

9.  SECONDARY BOOT AND RECOVERY COPIES OF THE SOFTWARE.

a.  Secondary Boot Copy.  If a secondary boot copy of the server Software is installed on the Appliance, you may access, boot from, display and run it solely in the event of a failure, malfunction, or corruption of the primary operating copy of the server Software, and only until the primary operating copy has been repaired or reinstalled.  You are not licensed to boot from and use both the primary operating copy and the secondary boot copy of the server Software at the same time.

b.  Recovery Copy. You may use a recovery copy solely to repair or reinstall the server software on the server.

10. NO RENTAL. You may not rent, lease, lend, or provide commercial hosting services with the Software.

11. PRODUCT SUPPORT.  Contact EVault for support options.  Refer to the support number provided with the Appliance.

12. BACKUP COPY.  You may make one backup copy of the Software.  You may use it only to reinstall the Software on the Appliance.

13. PROOF OF LICENSE.  If you acquired the Software on the Appliance, or on a disc or other media, a genuine Certificate of Authenticity label with a genuine copy of the Software identifies licensed software.  To be valid, this label must be affixed to the Appliance, or included on or in EVault’s Software packaging.  If you receive the label separately, it is not valid.  You should keep the label on the device or packaging to prove that you are licensed to use the Software.  To identify genuine Microsoft software, see http://www.howtotell.com.

14. TRANSFER TO A THIRD PARTY.  You may transfer the Software only with the Appliance, the Certificate of Authenticity label, and these license terms directly to a third party.  Before the transfer, that party must agree that these license terms apply to the transfer and use of the Software.  You may not retain any copies of the Software including the backup copy.

15. NOT FAULT TOLERANT.  The Software is not fault tolerant.  EVault installed the software on the device and is responsible for how it operates on the device.

16. RESTRICTED USE. The Microsoft software was designed for systems that do not require fail-safe performance.  You may not use the Microsoft software in any device or system in which a malfunction of the Software would result in foreseeable risk of injury or death to any person.  This includes operation of nuclear facilities, aircraft navigation or communication systems and air traffic control.

17. NO WARRANTIES FOR THE SOFTWARE. The Software is provided “as is”.  You bear all risks of using it.  Microsoft gives no express warranties, guarantees or conditions.  Any warranties you receive regarding the Appliance or the Software do not originate from, and are not binding on, Microsoft or its affiliates.  When allowed by your local laws, EVault and Microsoft exclude implied warranties of merchantability, fitness for a particular purpose and non-infringement. 

18. LIABILITY LIMITATIONS.  You can recover from Microsoft and its affiliates only direct damages up to two hundred fifty U.S. Dollars (U.S. $250.00), or equivalent in local currency. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.

This limitation applies to:

• anything related to the Software, services, content (including code) on third party internet sites, or third party programs, and
• claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.

It also applies even if Microsoft should have been aware of the possibility of the damages.  The above limitation may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.

19. EXPORT RESTRICTIONS. The Software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.