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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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DAMAGES BASED DIRECTLY OR INDIRECTLY UPON THE PROVISION OF SOFTWARE <br /> UPDATES OR UNAVAILABILITY OF SOFTWARE UPDATES -- INCLUDING WITHOUT <br /> LIMITATION , DAMAGES DUE TO BUSINESS INTERRUPTION , LOSS OF PROFITS , <br /> REVENUE OR BUSINESS OPPORTUNITY , LOSS OF DATA AND THE LIKE, FAILURE TO <br /> MEET ANY DUTY, OR NEGLIGENCE . <br /> (vi) Limitation of Liability. With respect to your redistribution of the Software Updates, the <br /> Limitation of Liability provisions in Section 15 of this agreement shall apply in those situations <br /> in which you or an enrolled affiliate have a right to claim damages or payment from us. <br /> (vii) No Support. Software Updates you redistribute to your students are provided without any <br /> support obligation by us, including any benefits accruing from Software Assurance. <br /> (viii)Applicability . The provisions of this Section 9(c) shall not apply to your distribution of fixes <br /> to students so long as: (i) those students are licensed under Student Option , and (ii) the fix <br /> provided to those students is for software licensed to them under Student Option. All other <br /> redistribution to your students of additional or replacement code is subject to the provisions of <br /> this Section 9(c) . <br /> 90. Work at Home rights <br /> If you have ordered Work at Home rights for a particular product, during the licensed period , your <br /> faculty and staff users who are licensed to use the particular product, have the right to run one copy <br /> of that product on a home PC that they own or lease (or, for Work at Home rights ordered for a client <br /> access license, to access the server product(s) from a home PC that they own or lease) , for work- <br /> related purposes only ; provided that in the case of Work at Home rights ordered for any product <br /> under a subscription enrollment , the total number of faculty and staff users may not exceed the total <br /> number of eligible PCs (for a School subscription enrollment) or full time equivalent (for a Campus <br /> subscription enrollment) included in that subscription enrollment. <br /> 41, Transfers <br /> You may not transfer any licenses acquired under this agreement except by obtaining perpetual <br /> licenses through the buy-out option described in Section 6 and transferring them in accordance with <br /> the procedures described in this section . <br /> a. How to transfer perpetual licenses. You may transfer perpetual licenses ordered under <br /> a subscription enrollment to another institution or unaffiliated third party in connection with a <br /> divestiture or privatization of an operating division, a merger, or a consolidation , as long as <br /> you provide us with prior written and signed notice, on a form that we provide , that includes : <br /> (i) the applicable subscription enrollment number; (ii) the quantity of licenses being <br /> transferred by product and version ; (iii) the name, address and contact information of the <br /> transferee; and (iv) any other information that we may reasonably request. <br /> For all other transfers of licenses , our written consent is required. We will not withhold our <br /> consent unreasonably. No license transfer will be valid unless you provide to the transferee, <br /> and the transferee accepts in writing , the applicable product use rights, use restrictions, <br /> limitations of liability, and the transfer restrictions in this section . Any transfer made in <br /> violation of the requirements or restrictions of this section will be void. <br /> b. When transfers of perpetual licenses are not permitted. You may not transfer (i) <br /> licenses on a short-term basis (either to third parties or by reassignment to different users or <br /> devices internally) , or (ii) upgrade licenses for a desktop operating system product separately <br /> from the underlying desktop operating system license or from the computer system on which <br /> the product is first installed . <br /> Microsoft Campus and School v3.4 Agreement General Terms and Conditions 8 of 13 <br /> (U.S.) (English) August 15, 2005 <br />
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