Microsoft Software. Claranet provides its Clients with selected Microsoft software (hereinafter referred to as 'MS software') within the scope of the Service Provider License Agreement ('SPLA') or the Cloud Service Provider Agreement ('CSP') between Claranet and the Microsoft Corporation (hereinafter referred to as 'Microsoft'). If MS software is provided to the Client for use, the following provisions also apply:
3.1 The Client's attention is drawn in particular to the application of the current provisions regarding no high risk use in Microsoft's End User License Agreements (XXXX).
3.2 As an SPLA provider Claranet is obligated to inform Microsoft each month of the number of Microsoft licences actually used by Xxxxxxxx's Clients. In order to enable this and to guarantee the swift and precise verification of the number of licences actually used in the event of a Microsoft audit Claranet has the right to verify compliance with the usage provisions for Microsoft licences. For this purpose the Client undertakes to grant Claranet appropriate access (e.g. by setting up sufficient admin and/or monitoring permissions).
3.3 If the Client terminates services where the Client has been provided with MS software for use for the term of the provision of contractual services, the Client shall:
Microsoft Software. During the Term, Microsoft shall provide DEN, at no cost to DEN, with (i) an unlimited number of royalty-free copies of Windows Media Technologies for use with the DEN Network and (ii) up to [*] copies of Windows NT for use with the DEN Network solely as (A) Windows Media Technologies content servers, (B) servers for the delivery of web or database content using other Microsoft technologies and/or (C) in-house workstations used by DEN.
Microsoft Software. Service grants right-to-use licensure from Microsoft product family on Server provided by LightEdge. Service does NOT grant right-to-use on Customer-owned server. Processor licensed (or “PL”) software requires an instance of the appropriate Service to be purchased for EACH processor in the Server. The PL requirement on any physical Server product shall be counted as one PL for EACH physical processor chip or die in the Server. Cores or threads are not considered to be unique processors for the purpose of determining quantity of Service required on a particular Server. For example a dual-core, dual-socket server would require 2 Microsoft processor licenses for each piece of Microsoft software so licensed. The PL requirement on any Virtual Server product shall be counted as one PL for each increment of 4 virtual CPUs (or “vCPUs”). For example a virtual machine with 4 vCPUs would require 1 Microsoft processor license for each piece of Microsoft software so licensed. Core licensed (or “per core”) software requires an instance of the appropriate Service to be purchased for EACH core in the Server. The core requirement on any physical Server product shall be counted as one core for EACH unique physical processor core in the Server. For example a dual-core, dual-socket server would require 4 Microsoft core licenses for each piece of Microsoft software so licensed. The core requirement on any Virtual Server product shall be counted as one core for each increment of 1 virtual CPUs (or “vCPUs”). For example a virtual machine with 4 vCPUs would require 4 Microsoft core licenses for each piece of Microsoft software so licensed. Subscriber access licensed (or “XXX”) software requires an instance of the appropriate Service to be purchased for EACH device or user connecting to server or service. Server Essentials (PL) Server Standard (PL) Server Datacenter (PL) Remote Desktop Services (XXX) SQL Server Web (core) SQL Server Standard (core) SQL Server Enterprise (core)
Microsoft Software. For an additional fee, Client may opt to build specific software into its plan (including Microsoft Office and Microsoft SQL
Microsoft Software for Dedicated Systems Distributor Agreement dated November 1st, 1997, between Microsoft Corporation and Bsquare Corporation. EXHIBIT Q SALES TARGETS Sales Targets for Windows CE Products Period Sales Target Amount Cumulative Sales Target Amount ------ ------------------- ------------------------------ (US$) (US$) The first calendar quarter following the calendar quarter in which the Effective Date occurs ("First Target Period") $ * $ * The calendar quarter following the First Target Period $ * $ * The 2nd calendar quarter following the First Target Period $ * $ * The 3rd calendar quarter following the First Target Period $ * $ * Total Sales Target: $ * $ * Microsoft Software for Dedicated Systems Distributor Agreement dated November 1st, 1997, between Microsoft Corporation and Bsquare Corporation. ------------ * Confidential treatment requested 12 EXHIBIT R ROYALTY REPORT COMPANY NAME: _______________________________ LICENSE #: _______________________________ REPORTING PERIOD: _______________________________ REPORT DUE: _______________________________
Microsoft Software. Umbrellar services are provided from a shared, multi-tenant environment operated by Umbrellar as a service provider. The following provisions apply to any BYOSL non- operating system software licensed to the Customer by Microsoft Corporation or a Microsoft authorised reseller.
a) For the purposes of this provision, "License Mobility through Software Assurance" means the rights described in the clause titled "License Mobility through Software Assurance" in the Microsoft Product Use Rights. The Microsoft Product Use Rights are located at: xxxx://xxx.xxxxxxxx.xxx/licensing/software- assurance/default.aspx or a successor site.
b) In order to exercise License Mobility through Software Assurance rights, the Customer must, prior to uploading any Microsoft software as BYOSL to an Umbrellar service, execute the "Mobility Verification Form" located at: xxxx://xxx.xxxxxxxxx.xxx/licensing/software- assurance/license-mobility.aspx or at a successor site and submit the completed Mobility Verification Form to Microsoft for verification.
c) Microsoft will provide Umbrellar and the Customer with confirmation of Customer verification status to exercise the License Mobility through Software Assurance Product Use Rights, and the specific products and license counts the Customer will be authorised to deploy onto the Umbrellar service. This information may be used to support compliance reviews and discussions.
d) If Umbrellar or Microsoft believe in good faith that the Customer is not complying with the terms of License Mobility through Software Assurance, as described in the Product Use Rights, the Customer must cooperate in good faith with Microsoft or Umbrellar to investigate and remedy any potential non-compliance. If requested by Xxxxxxxxx and/or Microsoft, the Customer agrees to provide any additional and reasonable information to support the investigation and remediation, if any, of the non-compliance.
e) If Microsoft determines that the Customer is non-compliant with the License Mobility through Software Assurance program requirements, Microsoft will provide the Customer with written notice of the non- compliance which will include an itemisation of the non-compliant issues. The Customer will work with Microsoft to resolve the Customers status and determine if termination can be avoided. If the parties are unable to achieve a mutually agreeable resolution, Microsoft will provide the Customer and Umbrellar with written notice to terminate the benefits of License Mobility...
Microsoft Software. Claranet provides their Clients with selected Microsoft software (hereinafter referred to as “MS software”) within the scope of Service Provider License Agreements ("SPLA") between Claranet and the Microsoft Corporation (hereinafter referred to as "Microsoft"). If the Client uses MS software within the scope of the provision of contractual services the following provisions also apply: In addition the current provisions regarding no high risk use in Microsoft's End User License Agreements (XXXX) apply. As an SPLA provider Xxxxxxxx is obligated to inform Microsoft each month of the number of Microsoft licences actually used by Xxxxxxxx's Clients. In order to enable this and to guarantee the swift and precise verification of the number of licences actually used in the event of a Microsoft audit Claranet has the right to verify compliance with the usage provisions for Microsoft licences. For this purpose the Client undertakes to grant Claranet appropriate access (e.g. by setting up sufficient admin and/or monitoring permissions). If the Client terminates services where the Client has been provided with MS software for use for the term of the provision of contractual services, the Client shall: within 30 days of the end of the provision of services. If agreed by the Contracting Parties in advance all copies may be destroyed or deleted and this confirmed in writing instead of returning the copies.
Microsoft Software. Service grants right-to-use licensure from Microsoft product family on Server provided by LightEdge. Service does NOT grant right-to-use on Customer-owned server. Processor licensed (or “PL”) software requires an instance of the appropriate Service to be purchased for EACH processor in the Server. The PL requirement on any physical Server product shall be counted as one PL for EACH physical processor chip or die in the Server. Cores or threads are not considered to be unique processors for the purpose of determining quantity of Service required on a particular Server. For example a dual-core, dual-socket server would require 2 Microsoft processor licenses for each piece of Microsoft software so licensed. The PL requirement on any Virtual Server product shall be counted as one PL for each increment of 4 virtual CPUs (or “vCPUs”). For example a virtual machine with
Microsoft Software. For an additional fee, Client may opt to build specific software into its plan (including Microsoft Office and Microsoft SQL Server). Uptime agrees to maintain appropriate software licensure for said software through the Microsoft Service Provider License Agreement. This includes Microsoft Windows Server, Microsoft Office, and other licensing as applicable. As new versions of Microsoft Office are released from their respective developers, Uptime will update Client to the newest version of each software application as requested by the Client at no additional charge. With respect to Microsoft Windows Server and in the case of Uptime Practice/Desktop, Uptime Database, and Uptime Dynamics, Client is entitled to the software for Windows Server. Deploying or installing a new version of Microsoft Windows Server may require building a new virtual machine instance or formatting and reinstalling Windows on the virtual machine. This requirement is defined by Microsoft. All Microsoft software must be provided to Client by Uptime.
Microsoft Software. During the Settlement Period, Microsoft will deliver software to Eligible Schools pursuant to requests from such schools, as provided below:
a. For Eligible Schools covering any grades between K and 8 or any subset thereof (e.g., a school covering grades K-6 or 5-8), software for all Eligible Computers from the following list (and title predecessors and successors to each, as long as such are commercially available). Each such school can request any or all software from the following list for each Eligible Computer once, plus one upgrade, during the Settlement Period.
(i) Office XP Standard, Office 2000 Standard or Mac Office (ii) Encarta Reference Library (CD) (iii) Windows XP Professional or Windows 2000 Professional (iv) Map Point 2002 (v) All Magic School Bus titles (vi) All My Personal Tutor titles (vii) Creative Writer For each such Eligible School, one Windows 2000 Server and Client Access Licenses ("CALs") for all Eligible Computers; and one Encarta Class server and CALs for all Eligible Computers. For each Eligible School that includes grades 7 and 8, such school can also request software for each Eligible Computer used by 7th and 8th grade students from each of the following categories:
(i) Visio Pro 2002, Front Page 2002, Publisher 2002, Project 2000; and (ii)Visual Xxxxxx.xxx, Visual Basic, Visual C++. For software delivered under the foregoing sentence only: the requirement to deliver such software shall be limited to 100,000 units of software in category (i) above, and 100,000 units in category (ii) above. Allocation of available units among Eligible Schools shall be made under guidelines to be recommended by the Education Council and adopted by the Board. For this software, each Eligible School that receives software may also request an upgrade once during the Settlement Period, and the upgrade shall not count toward the 100,000 unit limits above.
b. For all other Eligible Schools (any school with at least one grade that is higher than K-8, as for example a school covering grades 7-9 or 8-12 or K-12), software for all Eligible Computers, from the following list (and title predecessors and successors to each, as long as such are commercially available) but subject to the stated total aggregate limits for all such Eligible Schools on units per category. Each such Eligible School can request software for each such Eligible Computers once, plus one upgrade during the Settlement Period, except that no upgrade shall be required to be made availabl...
