MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT HYPER-V SERVER
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They
apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
- Internet-based services, and
- support services
for this software, unless other terms accompany those items. If so, those terms apply.
By using the software, you accept these terms. If you do not accept them, do not use the software. As described below, using some features also operates as
your consent to the transmission of certain standard computer information for Internet-based services.
THESE LICENSE TERMS SUPERCEDE ANY OTHER LICENSE TERMS PRESENTED DURING THE INSTALLATION OF THE SOFTWARE.
If you comply with these license terms, you have the rights below for each software license you acquire.
a. Software. The software includes server software.
b. License Model. The software is licensed based on the number of instances of server software that you run.
c. License Terminology.
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
(i) 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
(ii) instances of applications, if any, configured to run on the operating system instances 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 Virtual 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:
(i) one physical operating system environment, and
(ii) one or more virtual operating system environments.
A server is a physical hardware system or device 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 device or user.
2. USE RIGHTS.
a. Assigning the License to the Server.
Before you run any instance of the server software under a software license, you must assign that license to one of your servers. 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.
You may reassign a software license, but not within 90 days of the last assignment. You may reassign a software license sooner if you retire the licensed
server due to permanent hardware failure. If you reassign a license, the server to which you reassign the license becomes the new licensed server for that
b. Running Instances of the Server Software. For each software license you assign, you may run one instance of the server software in the physical
operating system environment on the licensed server. The instance of the server software running in the physical operating system environment may be used
· provide hardware virtualization services, and/or
· run software to manage and service operating system environments on the licensed server.
c. 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.
· You may store instances of the server software on any of your servers or storage media.
· You may create and store instances of the server software solely to exercise your right to run instances of the server software under any of your
software licenses as described above (e.g., you may not distribute instances to third parties).
d. Included Microsoft Programs. The software contains other Microsoft programs. These license terms apply to your use of those programs.
3. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
. Hardware or software you use to:
- pool connections,
- reroute information,
· reduce the number of devices or users that directly access or use the software, or
· 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.
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.
c. Additional Functionality. Microsoft may provide additional functionality for the software. Other license terms and fees may apply.
d. Distribution. You are permitted to distribute the software with programs you develop if you comply with the terms below.
i. Right to Use and Distribute.
· You may copy and distribute the software. You may not modify the software, and your programs must include a complete copy of the software, including
· You may permit distributors of your programs to copy and distribute the software as part of those programs.
ii. Distribution Requirements. For any software you distribute, you must
· require distributors and external end users to agree to terms that protect it at least as much as this agreement;
· display your valid copyright notice on your programs; and
· indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of your programs.
iii. Distribution Restrictions. You may not
· alter any copyright, trademark or patent notice in the software;
· use Microsoft’s trademarks in your programs’ names or in a way that suggests your programs come from or are endorsed by Microsoft;
· include the software in malicious, deceptive or unlawful programs; or
· modify or distribute the software 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
- others have the right to modify it.
4. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software. It 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, go to: http://go.microsoft.com/fwlink/?LinkID=101128. By using these features,
you consent to the transmission of this information. Microsoft does not use the information to identify or contact you.
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
run the software. Microsoft uses this information to make the Internet-based services available to you.
· Update Feature. You may connect new hardware to the device where 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
· Digital Certificates. The software uses digital certificates. These digital certificates confirm the identity of Internet users sending X.509 standard
encrypted information. They also can be used to digitally sign files and macros, to verify the integrity and origin of the file contents. The software
retrieves certificates and updates certificate revocation lists. These security features operate only when you use the Internet.
. 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 devices 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 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”.
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.
c. 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.
5. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves 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 only allow you to use it in certain ways. For more information, see
www.microsoft.com/licensing/userights. You may not
· work around any technical limitations in the software;
· reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
· use the software’s files and components within another operating system or application running on another operating system;
· make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
· publish the software for others to copy; or
· rent, lease or lend the software.
Rights to access the software on any device do not give you any right to implement Microsoft patents or other Microsoft intellectual property in software
or devices that access that device.
6. BACKUP COPY. You may make one backup copy of the software media. You may use it only to create instances of the software.
7. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference
8. NOT FOR RESALE SOFTWARE. You may not sell software marked as “NFR” or “Not for Resale.”
9. PROOF OF LICENSE. If you acquired the software on a disc or other media, a genuine Microsoft Proof of License label with a genuine copy of the software
identifies licensed software. To be valid, this label must appear on Microsoft packaging. If you receive the label separately, it is invalid. You should
keep the packaging that has the label on it to prove that you are licensed to use the software. To identify genuine Microsoft software, see www.howtotell.com.
10. TRANSFER TO A THIRD PARTY.
The first user of the software may transfer it and this agreement directly to a third party. Before the transfer, that party must agree that this agreement
applies to the transfer and use of the software. The transfer must include the software and the Proof of License label. The first user may not retain any
instances of the software unless that user also retains another license for the software.
11. 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
12. SUPPORT SERVICES. Microsoft provides support services for the software as described at www.support.microsoft.com/common/international.aspx.
13. 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.
14. APPLICABLE LAW.
a. 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.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
15. 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.
16. Disclaimer of Warranty. The software is licensed “as-is.” You bear the risk of using it. Microsoft gives no express warranties, guarantees or
conditions. You may have additional consumer rights under your local laws which this agreement cannot change. To the extent permitted under your local
laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
17. LIMITATION ON AND EXCLUSION OF DAMAGES. You can recover from Microsoft and its suppliers only direct damages up to U.S. $5.00. 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
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you
because your country may not allow the exclusion or limitation of incidental, consequential or other damages.