MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT WINDOWS STORAGE SERVER 2008 R2 ESSENTIALS
These license terms are an agreement between you and
•	the server manufacturer that distributes the software with the server; or
•	the software installer that distributes the software with the server.
Please read them. They apply to the software named above, which includes the media on which you received it, if any. Printed paper license terms, which may come with the software, take place of any on-screen license terms. 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, Microsoft, and not the manufacturer or installer, licenses those to you.
By using the software, you accept these terms. If you do not accept them, do not use the software. Instead, contact the manufacturer or installer to determine its return policy for a refund or credit.
As described below, using the software also operates as your consent to the transmission of certain computer information during activation, validation and for Internet-based services.
If you comply with these license terms, you have the rights below for each software license you acquire.
1.	OVERVIEW.
a.	Software. The software includes
•	server software; and
•	additional software that may only be used with the server software directly, or indirectly through other additional software.
b.	License Model. The software is licensed based on
•	the number of instances of server software that you run.
•	the number of accounts that access instances of server software.
c.	Licensing Terminology.
•	Instance. You create an “instance” of software by executing the software’s setup or install procedure. You also create an instance of software by duplicating an existing instance. References to software in this agreement include “instances” of the software.
•	Run an Instance. You “run an instance” of software by loading it into memory and executing one or more of its instructions. Once running, an instance is considered to be running (whether or not its instructions continue to execute) until it is removed from memory.
•	Operating System Environment. An “operating system environment” is 
•	all or part of an operating system instance, or all or part of a virtual (or otherwise emulated) operating system instance which enables separate machine identity (primary computer name or similar unique identifier) or separate administrative rights, and 
•	instances of applications, if any, configured to run on the operating system instance or parts identified above. 
There are two types of operating system environments, physical and virtual. A physical operating system environment is configured to run directly on a physical hardware system. The operating system instance used to run hardware virtualization software (e.g. Microsoft Hyper-V Server or similar technologies) or to provide hardware virtualization services (e.g. Microsoft virtualization technology or similar technologies) is considered part of the physical operating system environment. A virtual operating system environment is configured to run on a virtual (or otherwise emulated) hardware system. A physical hardware system can have either or both of the following:
•	one physical operating system environment
•	one or more virtual operating system environments.
•	Server. A server is a physical hardware system capable of running server software. A hardware partition or blade is considered to be a separate physical hardware system.
•	Assigning a License. To assign a license means simply to designate that license to one server or user.
2.	USE RIGHTS.
a.	Assignment of the License to the Server. The software license is permanently assigned to the server with which you acquired the software. If you run the software on a hardware partition, that partition is the server to which the license must be assigned. That server is the licensed server for that particular license. You may assign other software licenses to the same server, but you may not assign the same license to more than one server.
b.	Running Instances of the Server Software. You may run, at any one time, one instance of the server software in one physical or virtual operating system environment on the licensed server.
c.	Using the Server Software. You may use up to 25 accounts. Each account permits a named user or device to access and use the server software on that server. 
d.	Additional Software.
i.	Windows Storage Server Connector. You may install and use the Windows Storage Server Connector software on no more than 25 personal computers at any one time. Each personal computer on which you install this software must be on the same local area network as your server software. You may use this software only with the server software.

ii.	Windows Storage Server Computer Restore. You may install and use the Windows Storage Server Computer Restore software on each personal computer on which you have previously installed the Windows Storage Server Connector software. You may only restore the backup image to the same personal computer from which the backup was created. You may use this software only with the server software.

iii. 	Other Additional Software. You may run or otherwise use any number of instances of additional software listed below on any number of devices. You may use the additional software only with the server software directly, or indirectly through other additional software.

● FRS Monitoring Tools
● Remote Desktop Connection Client
● Server Migration Tool

Other tools may be included, but are not licensed with the use with this server software.
e.	Creating and Storing Instances on Your Servers or Storage Media. You have the additional rights below for each software license you acquire.
•	You may create any number of instances of the server software and additional software.
•	You may store instances of the server software and additional software on any of your servers or storage media.
•	You may create and store instances of the server software and additional software solely to exercise your right to run instances of the server software under any of your software licenses as described (e.g., you may not distribute instances to third parties).
f.	Included Microsoft Programs. The software contains other Microsoft programs. These license terms apply to your use of those programs.
g.	Multiplexing. Hardware or software you use to
	pool connections,
	reroute information,
	reduce the number of devices or users that directly access or use the software,
	reduce the number of devices or users the software directly manages,
(sometimes referred to as “multiplexing” or “pooling”), does not reduce the number of licenses of any type that you need.
h.	Font Components. While the software is running, you may use its fonts to display and print content. You 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.
i.	Icons, images and sounds. While the software is running, you may use but not share its icons, images, sounds, and media.
j.	No Separation of Server Software. You may not separate the server software for use in more than one operating system environment under a single license, unless expressly permitted. This applies even if the operating system environments are on the same physical hardware system.
k.	Additional Functionality. Microsoft may provide additional functionality for the software. Other license terms and fees may apply.
3.	ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
a.	Specific Use. The manufacturer or installer designed this server for a specific use. You may only use the software for that use. Specifically,
	You may not use the server software to run or support any line of business applications (e.g. time management software), end-user client applications (e.g. Microsoft Office), or add-ins for these types of applications, and 
	You are not licensed to use the server to run or support more than 6 internal drives.
b.	Software Use Limits.  You are not licensed to use any of the following functions of the server software:
i.	Active Directory. You may not use the server software as a domain controller or any other use of DCPromo.exe.
ii.	Server Roles. You may not use server roles other than the roles that are already enabled during the server setup process. 
4.	MANDATORY ACTIVATION.
Activation associates the use of the software with a specific server.  During activation, the software will send information about the software and the server to Microsoft.  This information includes the version, language and product key of the software, the Internet protocol address of the server, and information derived from the hardware configuration of the server. The manufacturer or installer should have activated the software for you.  For more information, see www.microsoft.com/piracy/mpa.aspx. By using the software, you consent to the transmission of this information.  If the server is connected to the Internet, the software may automatically connect to Microsoft for activation. You can also activate the software manually by Internet or telephone. If you do so, Internet and telephone service charges may apply. Some changes to your computer components or the software may require you to reactivate the software.
5.	VALIDATION.
a.	If the manufacturer or installer activated the software for you, you may not be asked to activate the software when you first use it.  The software will from time to time validate the software, update or require download of the validation feature of the software.  Validation verifies that the software has been activated and is properly licensed.  Validation also permits you to use certain features of the software or to obtain additional benefits.  For more information, see go.microsoft.com/fwlink/?linkid=39157.
b.	During a validation check, the software will send information about the software and the server to Microsoft.  This information includes the version and product key of the software, and the Internet protocol address of the server.  Microsoft does not use the information to identify or contact you.  By using the software, you consent to the transmission of this information.  For more information about validation and what is sent during a validation check, see go.microsoft.com/fwlink/?linkid=69500.
c.	If, after a validation check, the software is found not to be properly licensed, the functionality of the software may be affected.  For example, you may
•	need to reactivate the software, or
•	receive reminders to obtain a properly licensed copy of the software,
or you may not be able to
•	use or continue to use some of the features of the software, or
•	obtain certain updates or upgrades from Microsoft.
d.	You may only obtain updates or upgrades for the software from Microsoft or authorized sources.  For more information on obtaining updates from authorized sources see go.microsoft.com/fwlink/?linkid=69502. 
6.	POTENTIALLY UNWANTED SOFTWARE. If turned on, Windows Defender will search your computer for “spyware,” “adware” and other potentially unwanted software. If it finds potentially unwanted software, the software will ask you if you want to ignore, disable (quarantine) or remove it. Any potentially unwanted software rated “high” or “severe,” will automatically be removed after scanning unless you change the default setting. Removing or disabling potentially unwanted software may result in
●   other software on your computer ceasing to work, or
       ●   your breaching a license to use other software on your computer.
	By using this software, it is possible that you will also remove or disable software that is not potentially unwanted software.
7. 	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 go.microsoft.com/fwlink/?linkid=189297. 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 server where you installed the software. Microsoft uses this information to make the Internet-based services available to you. 
	Plug and Play Extensions. You may connect new hardware to your device, either directly or over a network. 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 install it on your device. An administrator can disable this update feature.
•	Web Content Features. Features in the software can retrieve related content from Microsoft and provide it to you. To provide the content, these features send to Microsoft the type of operating system, name and version of the software you are using, type of browser and language code of the server where you run the software. Examples of these features are clip art, templates, online training, online assistance and Appshelp.  You may choose not to use these web content features.
•	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.
•	Windows Media Player. When you use Windows Media Player, it checks with Microsoft for
	compatible online music services in your region;
	new versions of the player; and
	codecs if your server does not have the correct ones for playing content.
You can switch off this last feature.  For more information, go to www.microsoft.com/windows/windowsmedia/player/11/privacy.aspx
•	Malicious Software Removal. During setup, if you select “Get important updates for installation”, the software may check and remove certain malware from your device. “Malware” is malicious software. If the software runs, it will remove the Malware listed and updated at www.support.microsoft.com/?kbid=890830. During a Malware check, a report will be sent to Microsoft with specific information about Malware detected, errors, and other information about your device. This information is used to improve the software and other Microsoft products and services. No information included in these reports will be used to identify or contact you. You may disable the software’s reporting functionality by following the instructions found at www.support.microsoft.com/?kbid=890830. For more information, read the Windows Malicious Software Removal Tool privacy statement at go.microsoft.com/fwlink/?LinkId=113995.
•	Network Awareness. 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.
•	IPv6 Network Address Translation (NAT) Traversal service (Teredo). This feature helps existing home Internet gateway servers transition to IPv6. IPv6 is a next generation Internet protocol.  It helps enable end-to-end connectivity often needed by peer-to-peer applications. To do so, each time you start up the software the Teredo client service will attempt to locate a public Teredo Internet service. It does so by sending a query over the Internet. This query only transfers standard Domain Name Service information to determine if your computer is connected to the Internet and can locate a public Teredo service. If you
●	use an application (e.g. Windows Meeting Space) that needs IPv6 connectivity or
●	configure your firewall to always enable IPv6 connectivity
by default standard Internet Protocol information will be sent to the Teredo service at Microsoft at regular intervals.  No other information is sent to Microsoft.  You can change this default to use non-Microsoft servers.  You can also switch off this feature using a command line utility named “netsh”.
•	Accelerators. When you use click on or move your mouse over an Accelerator, the title and full web address or URL of the current webpage, as well as standard computer information, and any content you have selected, might be sent to the service provider. If you use an Accelerator provided by Microsoft, the information sent is subject to the Microsoft Online Privacy Statement, which is available at go.microsoft.com/fwlink/?linkid=31493. If you use an Accelerator provided by a third party, use of the information sent will be subject to the third party’s privacy practices.

•	Search Suggestions Service. When you type a search query in Internet Explorer by using the Instant Search box or by typing a question mark (?) before your search term in the Address bar, you will see search suggestions as you type (if supported by your search provider). Everything you type in the Instant Search box or in the Address bar when preceded by a question mark (?) is sent to your search provider as you type it. In addition, when you press Enter or click the Search button, all the text that is in the search box or Address bar is sent to the search provider. If you use a Microsoft search provider, the information you send is subject to the Microsoft Online Privacy Statement, which is available at go.microsoft.com/fwlink/?linkid=31493. If you use a third-party search provider, use of the information sent will be subject to the third party’s privacy practices. You can turn search suggestions off at any time in Internet Explorer by using Manage Add-ons under the Tools button. For more information about the search suggestions service, see go.microsoft.com/fwlink/?linkid=128106 .

•	Windows Error Reporting. This is an optional feature and you can choose to use it. Once this feature is turned on, this software automatically sends error reports to Microsoft. These reports include information about problems that occur in the software. Reports might unintentionally contain personal information. For example, a report that contains a snapshot of computer memory might include your name. Part of a document you were working on could be included as well. Microsoft does not use this information to identify you or contact you. For more information about Error Reports, see go.microsoft.com/fwlink/?LinkId=31490.

c.	Use of Information. Microsoft may use the computer information, error reports, and Malware reports to improve our software and services. Microsoft 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.
8.	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.
9.	MICROSOFT .NET 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 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.
10.	  SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software.  The manufacturer or installer 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 the manufacturer or installer. 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.
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.
11.	REMOTE WEB ACCESS FEATURES. You are responsible for making sure that your use of remote web access features complies with your broadband providers’ terms of service. You may need to add services from your broadband provider to use Remote Web Access features. For example, you will need certain “ports” to be open to use these features, and some broadband providers block those ports for customers on some service plans. Also, some broadband providers’ terms of service may limit or prohibit setting up and running of “servers” on their networks by some customers on some service plans. Please contact your broadband provider if you have questions about their terms of service.
12.	DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
13.	Notice about the H.264/AVC Visual Standard, the VC-1 Video Standard, the MPEG-4 Visual Standard and the MPEG-2 Video Standard. This software includes H.264/MPEG-4 AVC, VC-1, MPEG-4 Part 2, and MPEG-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, AND THE MPEG-2 VIDEO PATENT PORTFOLIO LICENSES FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE ABOVE STANDARDS (“VIDEO STANDARDS”) AND/OR (ii) DECODE AVC, VC-1, MPEG-4 PART 2 AND MPEG-2 VIDEO THAT WAS ENCODED BY  CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERICAL 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
14.	ENTIRE AGREEMENT. This agreement (including the warranty below), and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
15.	APPLICABLE LAW.
United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
Outside the United States. If you acquired the software in any other country, the laws of that country apply.
16.	LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your state or country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so.

17.		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 server, 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 recovery copy solely to repair or reinstall the server software on the server.
18.	LEASED HARDWARE. If you lease the server from the manufacturer or installer, the following additional terms shall apply: (i) you may not transfer the software to another user as part of the transfer of the server, whether or not a permanent transfer of the software with the server is otherwise allowed in these license terms; (ii) your rights to any software upgrades shall be determined by the lease you signed for the server; and (iii) you may not use the software after your lease terminates, unless you purchase the server from the manufacturer or installer.
19.	NO RENTAL. You may not rent, lease, lend, or provide commercial hosting services with the SOFTWARE.
20.	PRODUCT SUPPORT. Contact the manufacturer or installer for support options.  Refer to the support number provided with the server.
21.	BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software on the server.
22.	PROOF OF LICENSE. If you acquired the software on the server, 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 server, or included on or in the manufacturer or installer’s software packaging.  If you receive the label separately, it is not valid. You should keep the label on the server or packaging to prove that you are licensed to use the software. To identify genuine Microsoft software, see http://www.howtotell.com.
23.	TRANSFER TO A THIRD PARTY. You may transfer the software only with the server, 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.
24.	NOT FAULT TOLERANT. The software is not fault tolerant. The manufacturer or installer installed the software on the server and is responsible for how it operates on the server.
25.	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 server 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.
26.	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 server or the software do not originate from, and are not binding on, Microsoft or its affiliates. When allowed by your local laws, the manufacturer or installer and Microsoft exclude implied warranties of merchantability, fitness for a particular purpose and non-infringement.
27.	LIMITATION ON AND EXCLUSION OF DAMAGES. Except for any refund the manufacturer or installer may provide, 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
•	repair, replacement or a refund for the software does not fully compensate you for any losses; or

•	the manufacturer or installer, or Microsoft knew or should have known about the possibility of the damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. They also may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
28.	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.

EULAID:WS08R2_RM.0_SHS_OEM_en-us