MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT HYPER-V SERVER 2008 R2 SERVICE PACK 1
Below are two separate sets of License Terms.  Only one set applies to you.  If you received the software as a retail packaged product separately from a server, then the Retail License Terms below apply to you.  If you received the software with a server from a computer manufacturer (also known as an original equipment manufacturer (OEM) or system builder), or software installer, then the OEM License Terms below apply to you.
If you need assistance finding your license type, please go to: www.microsoft.com/resources/howtotell to determine which license you have.

1. RETAIL LICENSE TERMS

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
·	updates,
·	supplements,
·	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.  Instead, return it to the retailer for a refund or credit.  If you cannot obtain a refund there, contact Microsoft or the Microsoft affiliate serving your country for information about Microsoft’s refund policies.  See www.microsoft.com/worldwide.  In the United States and Canada, call (800) MICROSOFT or see www.microsoft.com/info/nareturns.htm.
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 for each software license you acquire.
1.	OVERVIEW.
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. 
·	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
(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 Windows Server Hyper-V 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.
·	Server.  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.
i.	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.
ii.	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 license.
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 only to:
·	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.
a.	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, 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.
b.	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 set-up.
·	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: 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 update feature.
·	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.
·	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 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”.
b.	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;
·	rent, lease or lend the software; or
·	use the software for commercial software hosting services.
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 purposes.
8.	NOT FOR RESALE SOFTWARE.  You may not sell software marked as “NFR” or “Not for Resale.”
9.	ACADEMIC EDITION SOFTWARE.  You must be a “Qualified Educational User” to use software marked as “Academic Edition” or “AE.”  If you do not know whether you are a Qualified Educational User, visit www.microsoft.com/education or contact the Microsoft affiliate serving your country.
10.	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.
11.	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.
12.	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.
13.	SUPPORT SERVICES.  Microsoft provides support services for the software as described at www.support.microsoft.com/common/international.aspx.
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.
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.
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.	LIMITATION ON AND EXCLUSION OF DAMAGES.  You can recover from Microsoft and its suppliers only direct damages up to the amount you paid for the software.  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
·	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.

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LIMITED WARRANTY
A.	LIMITED WARRANTY.  If you follow the instructions, the software will perform substantially as described in the Microsoft materials that you receive in or with the software.
B.	TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES.  The limited warranty covers the software for one year after acquired by the first user.  If you receive supplements, updates, or replacement software during that year, they will be covered for the remainder of the warranty or 30 days, whichever is longer.  If the first user transfers the software, the remainder of the warranty will apply to the recipient.
To the extent permitted by law, any implied warranties, guarantees or conditions last only during the term of the limited warranty.  Some states do not allow limitations on how long an implied warranty lasts, so these limitations may not apply to you.  They also might not apply to you because some countries may not allow limitations on how long an implied warranty, guarantee or condition lasts.
C.	EXCLUSIONS FROM WARRANTY.  This warranty does not cover problems caused by your acts (or failures to act), the acts of others, or events beyond Microsoft’s reasonable control.
D.	REMEDY FOR BREACH OF WARRANTY.  Microsoft will repair or replace the software at no charge.  If Microsoft cannot repair or replace it, Microsoft will refund the amount shown on your receipt for the software.  It will also repair or replace supplements, updates and replacement software at no charge.  If Microsoft cannot repair or replace them, it will refund the amount you paid for them, if any.  You must uninstall the software and return any media and other associated materials to Microsoft with proof of purchase to obtain a refund.  These are your only remedies for breach of the limited warranty.
E.	CONSUMER RIGHTS NOT AFFECTED.  You may have additional consumer rights under your local laws, which this agreement cannot change.
F.	WARRANTY PROCEDURES.  You need proof of purchase for warranty service.
1.	United States and Canada.  For warranty service or information about how to obtain a refund for software acquired in the United States and Canada, contact Microsoft at
·	(800) MICROSOFT;
·	Microsoft Customer Service and Support, One Microsoft Way, Redmond, WA 98052-6399; or
·	visit www.microsoft.com/info/nareturns.htm.
2.	Europe, Middle East and Africa.  If you acquired the software in Europe, the Middle East or Africa, Microsoft Ireland Operations Limited makes this limited warranty.  To make a claim under this warranty, you should contact either
·	Microsoft Ireland Operations Limited, Customer Care Centre, Atrium Building Block B, Carmanhall Road, Sandyford Industrial Estate, Dublin 18, Ireland; or
·	the Microsoft affiliate serving your country (see www.microsoft.com/worldwide).
3.	Outside United States, Canada, Europe, Middle East and Africa.  If you acquired the software outside the United States, Canada, Europe, the Middle East and Africa, contact the Microsoft affiliate serving your country (see www.microsoft.com/worldwide).
G.	NO OTHER WARRANTIES.  The limited warranty is the only direct warranty from Microsoft.  Microsoft gives no other express warranties, guarantees or conditions.  Where allowed by your local laws, Microsoft excludes implied warranties of merchantability, fitness for a particular purpose and non-infringement.  If your local laws give you any implied warranties, guarantees or conditions, despite this exclusion, your remedies are described in the Remedy for Breach of Warranty clause above, to the extent permitted by your local laws.
H.	LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY.  The Limitation on and Exclusion of Damages clause above applies to breaches of this limited warranty.
This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.  You may also have other rights which vary from country to country.

2. OEM LICENSE TERMS

MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT HYPER-V SERVER 2008 R2
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 the 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 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 for each software license you acquire.
1.	OVERVIEW.
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.
·	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
(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 Windows Server Hyper-V 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.
·	Server.  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.	Assignment of the License to the Server.  The software license is permanently assigned to the server with which the software was distributed.  If the server has multiple hardware partition(s) or blade(s), you must permanently assign that license to one of the hardware partition(s) or blade(s).  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.  For each server that has been assigned the required number of software licenses, 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 only to:
·	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.
a.	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, 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.
b.	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.
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: 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 update feature.
·	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.
·	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 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”.
b.	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.  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 only allow you to use it in certain ways.  For more information, see the software documentation..  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;
·	rent, lease or lend the software; or
·	use the software for commercial software hosting services.
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 purposes.
8.	NOT FOR RESALE SOFTWARE.  You may not sell software marked as “NFR” or “Not for Resale.”
9.	ACADEMIC EDITION SOFTWARE.  You must be a “Qualified Educational User” to use software marked as “Academic Edition” or “AE.”  If you do not know whether you are a Qualified Educational User, visit www.microsoft.com/education or contact the Microsoft affiliate serving your country.
10.	TRANSFER TO A THIRD PARTY.  You may transfer the software and this agreement directly to a third party only with the licensed server.  You may not keep any instances of the software unless you also retain another license for the software.  Before any permitted transfer, the other party must agree that this agreement applies to the transfer and use of the software.  The transfer must include the genuine Certificate of Authenticity label if you received one with your software.  To be valid, the label must be transferred affixed to the server or appearing on the manufacturer’s or installer’s packaging.
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 www.microsoft.com/exporting.
12.	SUPPORT SERVICES.  For the software generally, contact the manufacturer or installer for support options.  Refer to the support number provided with the software.  For updates and supplements obtained directly from Microsoft, Microsoft provides support 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.	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.

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LIMITED WARRANTY
A.	LIMITED WARRANTY.  If you follow the instructions, the software will perform substantially as described in the Microsoft materials that you receive in or with the software.
B.	TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES.  The limited warranty covers the software for 90 days after acquired by the first user.  If you receive supplements, updates, or replacement software during those 90 days, they will be covered for the remainder of the warranty or 30 days, whichever is longer.  If you transfer the software, the remainder of the warranty will apply to the recipient.
To the extent permitted by law, any implied warranties, guarantees or conditions last only during the term of the limited warranty.  Some states do not allow limitations on how long an implied warranty lasts, so these limitations may not apply to you.  They also might not apply to you because some countries may not allow limitations on how long an implied warranty, guarantee or condition lasts.
C.	EXCLUSIONS FROM WARRANTY.  This warranty does not cover problems caused by your acts (or failures to act), the acts of others, or events beyond the reasonable control of the manufacturer or installer, or Microsoft.
D.	REMEDY FOR BREACH OF WARRANTY.  The manufacturer or installer will at its election, either (i) repair or replace the software at no charge, or (ii) accept return of the product(s) for a refund of the amount paid, if any.  The manufacturer or installer may also repair or replace supplements, updates and replacement software or provide a refund of the amount you paid for them, if any.  Contact the manufacturer or installer about its policy.  These are your only remedies for breach of the limited warranty.
E.	CONSUMER RIGHTS NOT AFFECTED.  You may have additional consumer rights under your local laws, which this agreement cannot change.
F.	WARRANTY PROCEDURES.  Contact the manufacturer or installer to find out how to obtain warranty service for the software.  For a refund, you must comply with the manufacturer’s or installer’s return policies
G.	NO OTHER WARRANTIES.  The limited warranty is the only direct warranty from the manufacturer, or Microsoft.  The manufacturer, or installer and Microsoft gives no other express warranties, guarantees or conditions.  Where allowed by your local laws, the manufacturer or installer and Microsoft excludes implied warranties of merchantability, fitness for a particular purpose and non-infringement.  If your local laws give you any implied warranties, guarantees or conditions, despite this exclusion, your remedies are described in the Remedy for Breach of Warranty clause above, to the extent permitted by your local laws.
H.	LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY.  The Limitation on and Exclusion of Damages clause above applies to breaches of this limited warranty.
This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.  You may also have other rights which vary from country to country.

EULAID:WS08R2SP1_RM.6_SH_RTL_en-us