Windows NT Server MICROSOFT LICENSE AGREEMENT SERVER LICENSE FOR MICROSOFT SERVER PRODUCTS IMPORTANT READ CAREFULLY: This Microsoft End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Microsoft Corporation for the Microsoft software product identified above, which includes computer software and associated media and printed materials, and may include "online" or electronic documentation ("SOFTWARE PRODUCT" or "SOFTWARE"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, promptly return the unused SOFTWARE PRODUCT to the place from which you obtained it for a full refund. MICROSOFT SOFTWARE LICENSE The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold. 1. GRANT OF LICENSE. This Microsoft product contains some or all of the following types of software: "Server Software" that provides services on a computer called a server and "Client Software" that allows a computer or workstation to access or utilize the services provided by the Server Software. Microsoft grants to you the following rights to the Server Software and the Client Software (collectively called the "SOFTWARE PRODUCT"): a. Installation. The CD or diskette(s) on which the Server Software and the Connector Software reside may contain several copies of the Server Software and the Connector Software, each of which is compatible with a different microprocessor architecture (such as the x86 architecture or various RISC architectures). You may install the Server Software and the Connector Software for use with only one of those architectures at any given time. Server Software. You may install one copy of the Server Software on a single computer (the computer running the Server Software shall be referred to as the "Server"). Connector Software. You may install one copy of the Connector Software on one Server running Microsoft Exchange Server. If you choose to install Connector Software on a Microsoft Exchange Server, you must also acquire a separate license or licenses to install and/or use the Connector Software on every other Microsoft Exchange Server in the same "Microsoft Exchange Organization." A "Microsoft Exchange Organization" is the group of all Microsoft Exchange Servers with the same organization name specified during the Microsoft Exchange Server installation process for the express purpose of connecting the servers. Client Software. You may install the Client Software on any computer or workstation. b. Use of the Server Software. You may use one copy of the Server Software on one Server, which may be connected at any point in time to an unlimited number of workstations or computers operating on one or more networks. You must acquire a separate Client Access License to access or otherwise utilize the services of the Server, whether you use the Client Software, third-party software, or an application you develop to do so, unless otherwise noted in Section 2 of this Agreement. Each Client Access License must be dedicated to one unique computer or workstation. It permits that computer or workstation to access or utilize the services of any Server. This is known as using the Server Software in "Per Seat Mode." However, you may elect to use the Server Software for Microsoft SQL Server, Windows NT Server, Microsoft Exchange Server, or SNA Server (but not Microsoft BackOffice or Systems Management Server) in "Per Server Mode" as defined below. If you choose Per Seat Mode, your choice is permanent. If you initially choose Per Server Mode, you have the right to change one time only to Per Seat Mode, as long as you acquire a Client Access License for each unique workstation or computer accessing or utilizing the services of a Server. c. Alternate Terms If You Elect to Use the Server Software for Microsoft SQL Server, Windows NT Server, Microsoft Exchange Server, or SNA Server in Per Server Mode. In Per Server Mode, the maximum number of computers or workstations that may access or otherwise utilize the services of the Server at a given point in time is equal to the number of Client Access Licenses that you have acquired and designated for use exclusively with that Server. You may access any Server running in the Per Server Mode by using any Microsoft or third-party client software, including computers or workstations licensed in Per Seat Mode, provided the additional access is within that Server's maximum licensed capacity of simultaneously connected computers or workstations. If you elect to change from Per Server Mode to Per Seat Mode, you may transfer any Client Access Licenses you acquired for use in Per Server Mode to an equal number of workstations or computers in Per Seat Mode. d. Use of the Connector Software. You may use the Connector Software on one Microsoft Exchange Server. e. Use of the Client Software. You may use the Client Software to configure and administer the Server. If you use the Client Software to access or otherwise utilize the services of the Server or for any other purpose, you must acquire a separate Client Access License unless otherwise noted in Section 2 of this Agreement. f. Other. Transfer-You may transfer the Server Software to another computer, provided that it is removed from the computer from which it is transferred. Notice to Users- You shall inform all users of the SOFTWARE of the terms and conditions of the EULA. Not For Resale Software- If this SOFTWARE is labeled "Not For Resale" or "NFR," your use of the SOFTWARE is limited to use for demonstration, test, or evaluation purposes. Academic Edition Software-If this SOFTWARE is labeled "Academic Edition" or "AE," you must be a "Qualified Educational User" to use the SOFTWARE. If you are not a Qualified Educational User, you have no rights under this EULA. To determine if you are a Qualified Educational User, please contact the Microsoft Sales Information Center/One Microsoft Way/Redmond, WA 98052-6399 or the Microsoft subsidiary serving your country. License Pak-If this package is a License Pak, you may install and use additional copies of the Server Software up to the number of copies specified above as "Licensed Copies." No "Multiplexing" or "Pooling"-Use of software or hardware that reduces the number of users directly accessing or utilizing the Server Software (sometimes called "multiplexing" or "pooling" software or hardware) does not reduce the number of Client Access Licenses required-the required number of Client Access Licenses would equal the number of distinct inputs to the multiplexing or pooling software or hardware "front end." g. Note regarding the use of Microsoft BackOffice. The Server Software components that make up Microsoft BackOffice may only be installed together for use on one Server and may not be separated. 2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. For all SOFTWARE-Rental. You may not rent or lease the SOFTWARE, but you may transfer the SOFTWARE and accompanying written materials on a permanent basis, provided you retain no copies and the recipient agrees to the terms of this EULA. Limitation on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. Version Limitation-The Server Software contains a certain version number (such as version "3.5"). This EULA permits you to install one copy of the Server Software with the same (or a lower) version number as the Server Software version number listed above on a single computer (for example, if the version number listed above is "3.5," you may install Server Software that contains a "3.5" or "2.0" version number, but not a "3.6" version number). Termination-Without prejudice to any other rights, Microsoft may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts. For Microsoft Windows NT Server-Processor Limitation. The Server Software may be used by no more than four (4) processors of the Server at any one time (support for greater than four processors is available from authorized computer hardware vendors). Client Access. You need a separate Client Access License for Windows NT Server in order to access or otherwise utilize the following Windows NT Server basic network services: File Services (sharing and managing files and/or disk storage), Printing Services (sharing and managing printers), and Remote Access Service (accessing the server from a remote location through a communications link). You do not need a separate Client Access License for Windows NT Server to access or otherwise utilize any other Windows NT Server services, to access or run Microsoft or third-party server applications on Windows NT Server, or to otherwise use the Client Software. Note on Microsoft Windows for Workgroups or Windows 95 software. The CD on which Windows NT Server resides may contain a copy of Windows for Workgroups or Windows 95 software. Note that in order to install or use this software, you must acquire a separate Windows for Workgroups or Windows 95 license. Note on Microsoft Internet Information Server software. Windows NT Server may include Internet Information Server. Your rights to use this software are described below. For Microsoft SQL Server-Client Access. You do not need a separate Client Access License for SQL Server in order to execute SQL Server-to-SQL Server remote stored procedures (also referred to as database remote procedure calls). Benchmark Testing. You may not disclose the results of any benchmark test of either the Server Software or Client Software to any third party without Microsoft's prior written approval. Note regarding the use of run-time software. Microsoft hereby grants to you a limited nonexclusive, royalty-free right to reproduce and distribute those DB-Library, Net-Library, and ODBC files required for run-time execution of compiled applications ("Run-Time Files") in conjunction with and as a part of your application software product that is created using the Microsoft SQL Server Server Software ("Application"), provided that you comply with the Distribution Requirements listed below. For Microsoft Exchange Server-Microsoft Exchange Server includes Microsoft Schedule+ ("Schedule+"), Microsoft Exchange Forms Designer ("Forms Designer"), and Microsoft Exchange Sample Applications ("Sample Applications"). Schedule+, the Forms Designer, and Sample Applications may only be installed and used in conjunction with the Microsoft Exchange Client Software. Client Access. You need to acquire a separate Client Access License for Microsoft Exchange Server in order to use Microsoft Exchange Client Software to access and otherwise utilize Microsoft Exchange Server and to access or otherwise utilize the services of any other electronic mail server software. Note regarding the use of the Forms Designer and Sample Applications. The Forms Designer and its components may only be used to create applications which utilize the services of Microsoft Exchange Server ("Application"). Microsoft grants you the following nonexclusive rights: (i) to reproduce and distribute the run-time modules of the Forms Designer in conjunction with your Application; (ii) to reproduce, customize and distribute the run-time modules of the Sample Applications in conjunction with your Application; and (iii) to use and modify the source code version of the Sample Applications and to reproduce and distribute the object code versions of such modifications in conjunction with your Application. Any distribution permitted under this Section must be in compliance with the Distribution Requirements listed below. For purposes of this Section, "run-time modules" are those files identified in the written materials accompanying Microsoft Exchange Server as required during the execution of your software product. Source Extractor, Microsoft Exchange Administrator Program, and Microsoft Mail Connector. Microsoft Exchange Server also includes Source Extractor software, for migrating data from other electronic mail software, Administrator software, and Microsoft Mail Connector software. The Source Extractor, Administrator, and Microsoft Mail Connector programs contain components which may be installed on additional machines. Microsoft grants you the additional right to modify the source code version of the Source Extractor programs. The Source Extractor programs may only be used to migrate data to Microsoft Exchange Server. For Microsoft Internet Information Server- Use. You do not need a separate Client Access License for Microsoft Internet Information Server to access or otherwise utilize the services of Microsoft Internet Information Server. The Client Software may only be used in conjunction with validly licensed copies of Microsoft operating system products. No Performance or Benchmark Testing. You may not disclose the results of any benchmark test of either the Server Software or Client Software for Internet Information Server to any third party without Microsoft's prior written approval. Distribution. You may freely copy and distribute the Client Software accompanying Microsoft Internet Information Server for your use or (for entities) use within your organization. Any distribution of the Client Software for use by third parties outside your organization must be approved by Microsoft. You must maintain all copyright notices on all copies of the Client Software. Transfer. You may permanently transfer all of your rights to the Client Software only in conjunction with a permanent transfer of the Server Software. For Microsoft SNA Server-The 3270 and 5250 terminal emulation applets and the ODBC/DRDA driver provided with SNA Server are licensed for use only by one user per licensed SNA Server. Licenses for additional users must be acquired separately. For Microsoft Systems Management Server-You must acquire at least one valid Server License for Microsoft SQL Server to use Systems Management Server. However, you do not need to acquire a Client Access License for Microsoft SQL Server to use the administration console or utilities provided with Systems Management Server to access or otherwise utilize the services of Microsoft SQL Server. Distribution Requirements for Microsoft SQL Server and Microsoft Exchange Server Run-Time Files and Sample Applications-If you distribute Microsoft SQL Server Run-Time Files, run-time modules for the Forms Designer or Sample Applications, or object code versions of the Sample Applications (collectively "Redistributables") as provided above, you agree to: (a) distribute the Redistributables only in conjunction with and as a part of your Application; (b) not use Microsoft's name, logo, or trademarks to market your Application; (c) include a valid copyright notice in your Application; (d) if your Application contains ODBC Run -Time Files: (i) your Application must operate in conjunction with Microsoft SQL Server; and (ii) you agree to distribute all ODBC components specified in the README file in conjunction with your Application; (e) include an end-user license agreement with your Application that grants a limited license to use the Redistributables and otherwise protects Microsoft's and its suppliers intellectual property rights in the Redistributables; and (f) indemnify, hold harmless, and defend Microsoft and its suppliers from and against any claims or lawsuits, including attorneys' fees, that arise or result from the use or distribution of your Application. You shall display any patent or proprietary rights notices on each copy of your Application(s) that contains executables or run-time modules, if and as required in the documentation or other materials provided with Microsoft SQL Server, Forms Designer, or Sample Applications, or subsequently provided to you by Microsoft. 3. UPGRADES. If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly licensed to use a product identified by Microsoft as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade, and following the upgrade you may use the resulting SOFTWARE PRODUCT only in accordance with the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one computer. 4. COPYRIGHT. The SOFTWARE PRODUCT is licensed, not sold. Title and copyrights in and to the SOFTWARE PRODUCT (including any images, "applets," photographs, animations, video, audio, music, and text incorporated into the SOFTWARE), accompanying printed materials, and any copies you are permitted to make herein are owned by Microsoft or its suppliers and are protected by United States copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material (e.g., a book or musical recording) except that you may either (a) make one copy of the SOFTWARE PRODUCT solely for backup or archival purposes, or (b) transfer the SOFTWARE PRODUCT to a single hard disk, provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the SOFTWARE PRODUCT. 5. DUAL-MEDIA SOFTWARE. You may receive the SOFTWARE PRODUCT in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your single computer. You may not use or install the other medium on another computer. You may not loan, rent, lease, or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the SOFTWARE PRODUCT. 6.EXPORT RESTRICTIONS. You agree that you will not export or re-export the SOFTWARE PRODUCT to any country, person, entity or end user subject to U.S.A. export restrictions. Restricted countries currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Syria, and the Federal Republic of Yugoslavia (Serbia and Montenegro, U.N. Protected Areas and areas of Republic of Bosnia and Herzegovina under the control of Bosnian Serb forces). You warrant and represent that neither the U.S.A. Bureau of Export Administration nor any other federal agency has suspended, revoked or denied your export privileges. 7. NOTE ON JAVA SUPPORT. THE SOFTWARE PRODUCT MAY CONTAIN SUPPORT FOR PROGRAMS WRITTEN IN JAVA. JAVA TECHNOLOGY IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR RESALE AS ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF JAVA TECHNOLOGY COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. FOR THE LIMITED WARRANTIES AND SPECIAL PROVISIONS PERTAINING TO YOUR PARTICULAR JURISDICTION, PLEASE REFER TO YOUR WARRANTY BOOKLET INCLUDED WITH THIS PACKAGE OR PROVIDED WITH THE SOFTWARE PRODUCT PRINTED MATERIALS.