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2007-066
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2007-066
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Last modified
5/4/2016 2:12:15 PM
Creation date
9/30/2015 10:36:39 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
02/19/2007
Control Number
2007-066
Agenda Item Number
County Administrater Signature
Entity Name
Microsoft Licensing GP
Subject
Microsoft Volume Licensing Campus and School Areement
School Subscription Enrollment Agreement
Project Number
01H34329
Supplemental fields
SmeadsoftID
6139
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(ii) utilizing volume licensing media that you acquire pursuant to Section 3, via (a) controlled <br /> download from your secure network server(s) or other storage device(s), (b) manual <br /> installation by you at a central location that you control, or (c) a system of controlled short-term <br /> checkout of applicable volume licensing media solely for purposes of individual user <br /> installation , provided that this option (c) is available only for software for which a volume <br /> licensing key is not required . <br /> c. Redistribution of Software Updates to Students . <br /> (i) License Grant. From time to time we may make available to the general public additional or <br /> replacement code of any portion of our licensed software products without a fee (" Software <br /> Updates") . We grant you a limited , non-exclusive, royalty-free, non-assignable, non- <br /> transferable, revocable license to distribute the Software Updates to your students in <br /> accordance with the terms of this Section 9(c). Your students must use the Software Updates <br /> solely for their personal benefit in accordance with the end-user license agreement with us <br /> (" EULA") included with each Software Update. <br /> (ii) Redistribution of Software Updates. You may redistribute Software Updates to your <br /> students ( 1 ) by electronic means provided that your method of electronic distribution is <br /> adequately licensed and incorporates access control and security measures designed to (a) <br /> prevent modification of the Software Updates and (b) prevent access by the general public or <br /> (2) through acquiring authorized copies on fixed media from a fulfillment source approved by <br /> us. <br /> (iii) Limitations. You may not: (1 ) produce or replicate Software Updates on to CDs or other <br /> distributable storage media, (2) combine the Software Updates with other non-Microsoft <br /> software; (3) distribute any Software Updates as a stand -alone component via email <br /> attachment; (4) charge for the Software Updates, but you may recover any reasonable costs <br /> incurred in providing the updates to your students; (5) remove, modify, or interfere with the <br /> EULA or the EULA acceptance functionality included by us with any Software Update; or (6) <br /> alter the Software Updates in any way. We are not responsible for any cost related to the <br /> acquisition , distribution or recall of the Software Updates. <br /> (iv) Tracking and Recall ; Replacement Software Updates. You must track the quantity and <br /> method of distribution of the Software Updates by means that will allow you to provide notice <br /> of a recall and offer replacements as provided in this subsection . You agree to stop <br /> redistributing Software Updates within 10 days of receipt of a notice of recall from us, and <br /> within 30 days of that notice you agree to (1 ) return to us or destroy all copies of Software <br /> Updates in your possession , and (2) notify your students of the recall by same or similar <br /> means in which they were notified of the availability of the Software Updates. <br /> If we make available to you a replacement Software Update, you agree to make the <br /> replacement available to your students , within 10 days of receipt, in the same quantity and <br /> method of distribution as you made the original Software Update available . Your distribution <br /> of replacement Software Updates is subject to the same conditions and restrictions as <br /> Software Updates under this section . <br /> (v) No Warranties; Exclusion of Indirect, Special, Incidental, Consequential and Certain <br /> Other Damages. Notwithstanding anything to the contrary in this agreement, and to the <br /> extent permitted by law, Software Updates you redistribute to your students are provided "as- <br /> is" without any warranties. You acknowledge that the provisions of this paragraph with <br /> regard to the Software Updates are reasonable having regard to, among other things, the fact <br /> that they are complex computer software and their performance will vary depending upon <br /> hardware, platform and software interactions and configurations. <br /> TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL <br /> WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, <br /> CONSEQUENTIAL OR INDIRECT DAMAGES THAT ARISE OUT OF OR ARE IN ANY WAY <br /> RELATED TO YOUR REDISTRIBUTION OF THE SOFTWARE UPDATES TO YOUR <br /> STUDENTS . FURTHERMORE , IN NO EVENT SHALL WE BE LIABLE FOR ANY SUCH <br /> Microsoft Campus and School 0.4 Agreement General Terms and Conditions 7 of 13 <br /> (U .S.) (English) August 15, 2005 <br />
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