END USER LICENSE TERMS
TERMS AND CONDITIONS REGARDING THE USE OF MICROSOFT SOFTWARE
This document governs the use of Microsoft software, which may include software, media, printed materials and related electronic or online documentation (individually and collectively referred to as "Products") provided by ADD IT Cloud Solutions (hereinafter referred to as "Customer"). Customer does not own the Products, and use of the Products is subject to rights and limitations, which Customer shall inform you of. Your right to use the Products is subject to the terms of your agreement with the Client and your understanding of, compliance with and consent to the following terms and conditions, which the Client has no authority to vary, amend or add to.
1. DEFINITIONS.
"Client Software" means the software installed on a Device that enables the Device to access or use the Products.
"Device" means each computer, workstation, terminal, portable PC, pager, personal digital assistant, "smartphone", server or any other hardware that allows the End User to interact with the Product.
"End User" means a natural or legal person who purchases Software Services directly from Customer or indirectly through a Software Services Reseller.
"Redistribution Software" means the software described in Paragraph 4 below ("Use of Redistribution Software").
"Software Services" means services that Customer provides to you that make available, display, execute, access or otherwise interact, directly or indirectly, with the Products. Customer shall provide such services from Internet data center(s), a telephone network or private network, rental, subscription or provision of services, whether or not the Customer receives remuneration. Software Services exclude any service that involves the installation of a Product directly on any equipment in order to allow an End User to interact with the Product.
2. PRODUCT OWNERSHIP. The Products are licensed to you by an affiliate of Microsoft Corporation (collectively "Microsoft"). Microsoft Products are protected by copyright laws or other intellectual property rights. laws. The Products and other elements of the Product including, but not limited to, any images, photographs, animations, video, audio, music, text and applets incorporated into the Products are the property of Microsoft and its suppliers. of Microsoft and its suppliers. You may not remove, modify or omit any trademark, copyright or other proprietary rights notices that are contained on or in the Products. The Products are protected by copyright laws and international copyright treaties, as well as other laws and international treaties relating to intellectual property. Your possession of, access to or use of the Products does not transfer to you any ownership in the Products or any intellectual property rights.
3. USE OF CLIENT SOFTWARE. You may use the Client Software installed on your Devices only in accordance with your agreement with the Client and the terms hereof and only in relation to the Software Services provided to you by the Client. by Customer. The terms hereof permanently and irrevocably supersede the terms of any Microsoft End User License Agreement that may be presented to you in electronic form during the installation and/or use of the Client Software. installation and/or use of the Client Software.
4. USE OF REDISTRIBUTION SOFTWARE. In connection with the Software Services provided by Customer, you may have access to certain "sample", "redistribution" and/or development software codes and tools (individually and collectively referred to as "Redistribution Software").
You may use, copy and/or install the Redistribution Software only in accordance with the terms of your agreement with Customer and the terms of this document and/or your agreement with Customer.
5. COPYING. You may not make any copies of the Products. However, you may (a) make a copy of the Customer Software on your Equipment as expressly authorized by Customer and (b) make copies of certain Redistribution Software in accordance with Paragraph 4 ("Use of Redistribution Software"). in accordance with Paragraph 4 ("Use of Redistribution Software").
You must delete or destroy all Customer Software and/or Redistribution Software upon termination or cancellation of your agreement with Customer, upon notice from Customer or transfer of your Equipment to another individual or entity, whichever occurs first. You may not copy any printed material accompanying the Products.
6. LIMITATION ON REVERSE ENGINEERING, DECOMPILING AND DISASSEMBLING. You may not reverse engineer, decompile or disassemble the Products except to the extent expressly permitted by applicable law and only to the extent permitted by such law. extent permitted by such law, notwithstanding this limitation.
7. RENTAL PROHIBITION. You may not rent, lease, lend, pledge, sublicense or in any way transfer or distribute directly or indirectly the Products to third parties, nor may you allow third parties to have access and/or use the functionality of the Products, except for the sole purpose of accessing the functionality of the Products in the form of Software Services in accordance with the terms of this agreement and any agreements entered into between you and the Customer.
8. TERMINATION. Without prejudice to any other rights, the Customer has the right to terminate the rights to use the Products if you do not comply with the terms and conditions set out herein. In the event of termination or cancellation of the agreement between you and the Customer or the agreement governing the licensing of the Products between the Customer and Microsoft, you must stop using and/or accessing the Products and destroy all copies of the Products and all components thereof within thirty (30) days of termination of your agreement with Customer.
9. NO WARRANTIES, LIABILITY OR RECOURSE BY MICROSOFT. Microsoft disclaims, to the extent permitted by applicable law, all warranties and liability for damages by Microsoft and any liability liability of Microsoft or its suppliers for any damages and remedies, whether direct, indirect or consequential, arising out of the use of the Software Services. Any warranty or obligation is provided solely by Customer and not by Microsoft, its affiliates or subsidiaries.
10. PRODUCT SUPPORT. Any support for the Software Services is provided to you by Customer or a third party on Customer's behalf and is not provided by Microsoft, its suppliers, affiliates or subsidiaries.
11. FAULT TOLERANCE/PROTECTION. The Products are not fault-tolerant, and it cannot be guaranteed that they will be error-free and operate uninterruptedly. You must not use the Products in any application or situation in which their failure could lead to death or serious bodily injury, or to severe physical or environmental damage ("High Risk Use").
12. EXPORT RESTRICTIONS. The Products are subject to U.S. export control. Customer agrees to comply with all applicable laws, including the U. S. Export Administration Regulations and the International Traffic in Arms Regulations, end-user, end-use and destination restrictions issued by the United States and other governments.
For more information, see http://www.microsoft.com/exporting/.
13. LIABILITY FOR BREACH. In addition to any liabilities you may have to Customer, you agree that you will be legally responsible to Microsoft for any breach of these terms and conditions.
14. DISCLOSURE OF INFORMATION. You must permit Customer to disclose any information requested by Microsoft pursuant to the Customer Agreement. Microsoft will be a third party beneficiary of your agreement with Customer, with the right to enforce provisions of your agreement with Customer and to verify your compliance.
