MICROSOFT SOFTWARE LICENSE TERMS FOR A VIRTUAL HARD DISK (VHD) IMAGE OF MICROSOFT DYNAMICS AX
This VHD includes platform update 7.2 and application update 7.0.1
These license terms are an agreement between you and Microsoft Corporation (or one of its affiliates). If you (an individual) enter into this agreement on behalf of a legal entity, you represent that you have the authority to bind that entity to this agreement.
This agreement is made and entered into as of the date when you first access the VHD (“Effective Date”). It applies to the software named above and any Microsoft services or software updates (except to the extent such services or updates are accompanied by new or additional terms, in which case those different terms apply prospectively and do not alter your or Microsoft’s rights relating to pre-updated software or services).
BY INSTALLING, HAVING INSTALLED, DOWNLOADING, HAVING DOWNLOADED, ACCESSING, OR USING THE SOFTWARE, YOU ACCEPT THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, DO NOT INSTALL, HAVE INSTALLED, ACCESS, OR USE THE SOFTWARE.
If you comply with this agreement, you have the rights below. This agreement supersedes the terms of any Microsoft software license term agreement that you may encounter in the software or otherwise on the VHD image. The Exceptions and Additional Terms for Particular Products are included in Exhibit A.
1. ACCESS AND USE RIGHTS.
a. VHD Formats. You may use the VHD formats, including Microsoft Virtual PC or Microsoft Virtual Server.
b. Development, Testing, and Demo Use. Microsoft grants you a limited, non-exclusive, nontransferable right solely to:
- install, copy, and use any number of copies of the software on any number of devices that are owned or controlled by your organization;
- test the software;
- design, develop, and test applications created by you (or on your behalf) (“your applications”) for the software;
- demonstrate and internally evaluate your applications for the software;
- modify the source and object form of any model files and incorporate the modified code into your applications; and
- upload your applications solely to the computer systems where we host and operate the online service for the software to test, use, demonstrate, and evaluate your applications with such online service.
You may not use the software in a live operating environment unless Microsoft permits you to do so under another agreement.
c. License Keys. You may be permitted to access certain features or functionality in the software enabled by a license key (“License Key”) that Microsoft includes in the software. You may use the License Key, but only:
- internally within, and for running, your organization’s business operations, and
- on your organization’s device(s) on which the Microsoft Dynamics Modern Point of Sale (MPOS) application is installed.
You may not (i) share the License Key with, or otherwise provide access to the License Key by, any third party; or (ii) install and use any License Key on any device that is not owned or controlled by your organization.
d. Binary Packages. The software may produce “Binary Packages” of code with an “.axpackage” extension that incorporates both your applications and Microsoft code. You may use such Microsoft code only in the form of the Binary Packages as produced by the software. You may not extract such Microsoft code from the Binary Packages or use such Microsoft code other than in the process of running your applications with the software or with the online service hosted and operated by Microsoft for the software.
e. Icons and Templates. You may copy icons or templates included in the software and incorporate the copies in your applications solely for use with the software or with the online service hosted and operated by Microsoft for the software.
f. Images. You may: (i) copy the images and animations (“Images”) included in the software and incorporate the copies in your applications; (ii) manipulate, blend, crop, or modify the Images to make adjustments to the size, color, brightness, or contrast as necessary to optimize your applications; and (iii) incorporate such modified Images into your applications, all solely for use with the software or the online service hosted and operated by Microsoft for the software.
g. Modifications. Microsoft is not responsible for any problems that result from modifications
- made by or for you or by a third party, or that are caused by third party hardware or software; or
- caused by any features or services you or any third party include or use with the software, with the online service hosted and operated by Microsoft, or with your applications, such as features that connect to any third party computer systems over the Internet or any other Internet-based service.
2. DATA COLLECTION. The software may collect information about you and your use of the software and send that to Microsoft. Microsoft may use this information to provide services and improve Microsoft’s products and services. Your opt-out rights, if any, are described in the product documentation. Some features in the software may enable collection of data from users of your applications that access or use the software. If you use these features to enable data collection in your applications, you must comply with applicable law, including getting any required user consent, and maintain a prominent privacy policy that accurately informs users about how you use, collect, and share their data. You can learn more about Microsoft’s data collection and use in the product documentation and the Microsoft Privacy Statement at https://go.microsoft.com/fwlink/?LinkId=512132. You agree to comply with all applicable provisions of the Microsoft Privacy Statement.
3. TIME-SENSITIVE SOFTWARE.
a) Period. The software is time-sensitive and may stop running on a date that is defined in the software.
b) Notice. You may receive periodic reminder notices of this date through the software.
c) Access to data. You may not be able to access data used in the software when it stops running.
4. MANDATORY ACTIVATION. Activation associates the use of the software with a specific device. If you are prompted to activate the software while you are evaluating the software, during activation the software will send information about the software and the device to Microsoft. This information includes the version, language and product key of the software, the Internet protocol address of the device, and information derived from the hardware configuration of the device. For more information, see wwww.microsoft.com/piracy/mpa.aspx. By using the software, you consent to the transmission of this information. If properly licensed, you have the right to use the version of the software installed during the installation process up to the time permitted for activation. Unless the software is activated, you have no right to use the software after the time permitted for activation. This is to prevent unlicensed use. You are not permitted to bypass or circumvent activation. If the device is connected to the Internet, the software may automatically connect to Microsoft for activation. You can also activate the software manually by Internet or telephone. If you do so, Internet and telephone service charges may apply. Some changes to your computer components or the software may require you to reactivate the software. The software will remind you to activate it until you do.
5. UPDATES. The software may periodically check for updates, and download and install them for you. You may obtain updates only from Microsoft or authorized sources. Microsoft may need to update your system to provide you with updates. You agree to receive these automatic updates without any additional notice. Updates may not include or support all existing software features, services, or peripheral devices.
6. FEEDBACK. If you give feedback about the software to Microsoft, you give to Microsoft, without charge, the right to use, share, and commercialize your feedback in any way and for any purpose. You will not give feedback that is subject to a license that requires Microsoft to license its software or documentation to third parties because Microsoft includes your feedback in them. These rights survive this agreement.
7. THIRD PARTY COMPONENTS.
a) Third Party Materials. The software may include third party applications or other materials (“Third Party Material”) that are licensed to you under this agreement or under their own terms. License terms, notices, and acknowledgments, if any, for the Third Party Materials may be accessible in the accompanying notices file. Even if such Third Party Material is governed by other agreements, the disclaimers, limitations on, and exclusion of damages below also apply to the extent allowed by applicable law.
b) Open Source Components. The software may contain third party copyrighted software licensed under open source licenses with source code availability obligations. Copies of those licenses are included in the ThirdPartyNotices file or other accompanying notices file. You may obtain a copy of the corresponding source code from Microsoft, for a period of three years after our last shipment of the software, if and as required under the relevant open source license by sending a money order or check for $5.00 to: The Source Code Compliance Team, Microsoft Corporation, One Microsoft Way, Redmond, WA 98052 USA. Please write the name and version of the source code (e.g., “source code for Chromium v. 31.0.1650.57 for Microsoft Dynamics AX) in the memo line of your payment. You may also find a copy of the source, if and as required, at http://aka.ms/getsource.
8. 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. You will not (and have no right to):
- work around any technical limitations in the software;
- reverse engineer, decompile or disassemble the software, or otherwise attempt to derive the source code for the software, except and solely to the extent: (i) expressly permitted by applicable law, despite this limitation; or (ii) required to debug changes to any libraries licensed under the GNU Lesser General Public License which are included with and linked to by the software;
- remove, minimize, block, or modify any notices of Microsoft or its suppliers in the software;
- use the software in any way that is against the law or to create or propagate malware; or
- share, publish, distribute, or lend the software, provide the software as a stand-alone hosted solution for others to use, or transfer the software or this agreement to any third party.
9. EXPORT RESTRICTIONS. You must comply with all domestic and international export laws and regulations that apply to the software, which include restrictions on destinations, end users, and end use. For further information on export restrictions, visit http://aka.ms/exporting.
10. SUPPORT SERVICES. Microsoft is not obligated under this agreement to provide any support services for the software. Any support provided is “as is”, “with all faults”, and without warranty of any kind.
11. TERMINATION. Without prejudice to any other rights, Microsoft may terminate this agreement if you fail to comply with any of its terms or conditions. In such event, you must destroy all copies of the software and all of its component parts and stop accessing the Virtual Machine Image and the software.
12. ENTIRE AGREEMENT. This agreement, and any other terms Microsoft may provide for supplements, updates, or third party components, is the entire agreement for the software.
13. APPLICABLE LAW AND PLACE TO RESOLVE DISPUTES. If you acquired the software in the United States or Canada, the laws of the state or province where you live (or, if a business, where your principal place of business is located) govern the interpretation of this agreement, claims for its breach, and all other claims (including consumer protection, unfair competition, and tort claims), regardless of conflict of laws principles. If you acquired the software in any other country, its laws apply. If U.S. federal jurisdiction exists, you and Microsoft consent to exclusive jurisdiction and venue in the federal court in King County, Washington for all disputes heard in court. If not, you and Microsoft consent to exclusive jurisdiction and venue in the Superior Court of King County, Washington for all disputes heard in court.
14. CONSUMER RIGHTS; REGIONAL VARIATIONS. This agreement describes certain legal rights. You may have other rights, including consumer rights, under the laws of your state, province, or country. Separate and apart from your relationship with Microsoft, you may also have rights with respect to the party from which you acquired the software. This agreement does not change those other rights if the laws of your state, province, or country do not permit it to do so. For example, if you acquired the software in one of the below regions, or mandatory country law applies, then the following provisions apply to you:
a) Australia. You have statutory guarantees under the Australian Consumer Law and nothing in this agreement is intended to affect those rights.
b) Canada. If you acquired this software in Canada, you may stop receiving updates by turning off the automatic update feature, disconnecting your device from the Internet (if and when you re-connect to the Internet, however, the software will resume checking for and installing updates), or uninstalling the software. The product documentation, if any, may also specify how to turn off updates for your specific device or software.
c) Germany and Austria.
i. Warranty. The properly licensed software will perform substantially as described in any Microsoft materials that accompany the software. However, Microsoft gives no contractual guarantee in relation to the licensed software.
ii. Limitation of Liability. In case of intentional conduct, gross negligence, claims based on the Product Liability Act, as well as, in case of death or personal or physical injury, Microsoft is liable according to the statutory law.
Subject to the foregoing clause ii., Microsoft will only be liable for slight negligence if Microsoft is in breach of such material contractual obligations, the fulfillment of which facilitate the due performance of this agreement, the breach of which would endanger the purpose of this agreement and the compliance with which a party may constantly trust in (so-called “cardinal obligations”). In other cases of slight negligence, Microsoft will not be liable for slight negligence.
15. DISCLAIMER OF WARRANTY. THE SOFTWARE IS PROVIDED “AS-IS.” YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES OR GUARANTEES. TO THE EXTENT
PERMITTED UNDER APPLICABLE LAWS, MICROSOFT EXCLUDES ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
LIMITATION ON AND EXCLUSION OF DAMAGES. IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES DESPITE THE PRECEDING DISCLAIMER OF WARRANTY, 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: (a) anything related to the software, services, content (including code) on third party Internet sites, or third party applications; and (b) claims for breach of contract, warranty, guarantee, or condition; strict liability, negligence, or other tort; or any other claim; in each case to the extent permitted by applicable law.
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 state, province, or country may not allow the exclusion or limitation of incidental, consequential, or other damages.
Please note: As this software is distributed in Canada, some of the clauses in this agreement are provided below in French.
Remarque: Ce logiciel étant distribué au Canada, certaines des clauses dans ce contrat sont fournies cidessous en français.
EXONÉRATION DE GARANTIE. Le logiciel visé par une licence est offert « tel quel ». Toute utilisation de ce logiciel est à votre seule risque et péril. Microsoft n’accorde aucune autre garantie expresse. Vous pouvez bénéficier de droits additionnels en vertu du droit local sur la protection des consommateurs, que ce contrat ne peut modifier. La ou elles sont permises par le droit locale, les garanties implicites de qualité marchande, d’adéquation à un usage particulier et d’absence de contrefaçon sont exclues.
LIMITATION DES DOMMAGES-INTÉRÊTS ET EXCLUSION DE RESPONSABILITÉ POUR LES DOMMAGES. Vous pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation en cas de dommages directs uniquement à hauteur de 5,00 $ US. Vous ne pouvez prétendre à aucune indemnisation pour les autres dommages, y compris les dommages spéciaux, indirects ou accessoires et pertes de bénéfices.
Cette limitation concerne:
- tout ce qui est relié au logiciel, aux services ou au contenu (y compris le code) figurant sur des sites Internet tiers ou dans des programmes tiers; et
- les réclamations au titre de violation de contrat ou de garantie, ou au titre de responsabilité stricte, de négligence ou d’une autre faute dans la limite autorisée par la loi en vigueur.
Elle s’applique également, même si Microsoft connaissait ou devrait connaître l’éventualité d’un tel dommage. Si votre pays n’autorise pas l’exclusion ou la limitation de responsabilité pour les dommages indirects, accessoires ou de quelque nature que ce soit, il se peut que la limitation ou l’exclusion cidessus ne s’appliquera pas à votre égard.
EFFET JURIDIQUE. Le présent contrat décrit certains droits juridiques. Vous pourriez avoir d’autres droits prévus par les lois de votre pays. Le présent contrat ne modifie pas les droits que vous confèrent les lois de votre pays si celles-ci ne le permettent pas.
EXHIBIT A Microsoft Products included in the Virtual Hard Disk Image and Exceptions and Additional Terms for Particular Products
| Time Sensitive Software. The software will stop running on: | 180 days after the Effective Date The VHD image contained in this package are based on an evaluation version of the Windows Server OS. The virtual machines allow for one or more 10-day grace periods along with a 180 day activated evaluation period. In order to begin the 180-day evaluation period you must connect the virtual machine to the Internet and activate it. You need not enter a Windows key in order to activate, it is already imbedded within the evaluation version of Windows Server. After either the grace period or the evaluation period expires, the virtual machine will shut down after 1 hour of continuous operation. If additional grace periods are available, you may restart your grace period by using the slmgr –rearm command. This will reset the grace period for 10 days and then you may connect the virtual machine to the Internet and reactivate it for an additional 180 evaluation period. |
| Microsoft Products included in the VHD Image | Exceptions and Additional Terms for Particular Products |
| MICROSOFT OFFICE 2016 X64 |
|
| MICROSOFT SQL SERVER 2016 DEVELOPER |
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| MICROSOFT VISUAL STUDIO UPDATE 2 |
|
| MICROSOFT VISUAL STUDIO 2015 SOFTWARE DEVELOPMENT KIT |
|
| MICROSOFT VISUAL STUDIO 2015 ADD-ON’s, VISUAL STUDIO SHELLS and C++ REDISTRIBUTABLE |
|
| MICROSOFT WINDOWS SERVER 2012 R2 |
|
| MICROSOFT WINDOWS SOFTWARE DEVELOPMENT KIT (SDK) FOR WINDOWS 8.1 |
|
| MICROSOFT AZURE SOFTWARE DEVELOPMENT KIT, AND FOR MICROSOFT AZURE LIBRARIES FOR .NET 2.6 |
|
| MICROSOFT WINDOWS AZURE STORAGE EMULATOR |
|