Software benefits. (1) Company’s right to use Products offered to Company under the MPN will be governed by this Agreement and the terms of the license agreement packaged with or otherwise applicable to a Product (see the MPN Website for more details). If there is any direct conflict between this Agreement and any terms of a separate agreement not resolved explicitly on the face of such documents, then the terms of this Agreement will control. If a particular subject is addressed in the separate agreement and not in this Agreement, then the terms of the separate agreement will control.
(2) Separately, Company will acquire enough Microsoft Product licenses through applicable Microsoft licensing programs to enable Company’s use of the Microsoft Product under the specific licensing terms associated with each Microsoft Product, including a sufficient number of licenses to cover:
(i) The quantities of the Microsoft Product Company uses; and
(ii) The maximum number of users and devices that may access or use the Microsoft Product under Company’s agreements with Microsoft or a reseller. Microsoft may take actions, including the following, to ensure that Company complies with the Agreement and this Section 5(g)(2). Company consents to have Microsoft collect data from the “Windows Genuine Advantage,” “Office Genuine Advantage,” and other similar programs. (See the MPN Website for more details.) Microsoft may conduct audits under Section 13(a) of this Agreement and may contact Company and/or take actions to prevent Company from using more Products than authorized by this Agreement.
(3) Company’s benefits under the MPN, including Products, may not be distributed to Company’s customers, except for the rights granted in Sections 5(e) and 5(f). Company will inform Microsoft if Company:
(i) Knows or suspects that a customer does not have enough Microsoft licenses, or
(ii) Knows or suspects that a customer is violating a Microsoft license agreement.
(iii) Any Product licenses that Company receives under the MPN will be valid for the Term of this Agreement only.
Software benefits. The VCSP’s right to use Veeam Software Products offered to the VCSP under the VCSP Partner Program will be governed by this Agreement and the terms of the separate license agreement packaged with or accompanying the Veeam Software Product, such as the Veeam End User License Agreement (“XXXX”), available at w xx.xxxxx.
Software benefits. (1) Company’s right to use Microsoft Products offered to Company under the Program will be governed by this Agreement and the terms of the license agreement packaged with or otherwise applicable to a Product. If there is any direct conflict between this Agreement and any terms contained in the separate agreement not resolved explicitly on the face of such documents, then the terms of this Agreement will control. If a particular subject is addressed in the separate agreement and not in this Agreement, then the terms of the separate agreement will control.
(2) Company will not engage or participate in the unauthorized manufacture, duplication, delivery, transfer or use of counterfeit, pirated, unlicensed or illegal Product or other Microsoft Materials. Company will not otherwise infringe any of Microsoft’s intellectual property rights. Company must reasonably cooperate with Microsoft and its Affiliates in the investigation of counterfeit, pirated, unlicensed or illegal Product and other Microsoft Materials. Company must promptly report to Microsoft any suspected counterfeiting, piracy or other copyright infringement in computer programs, manuals, course material, marketing Materials or other copyrighted Materials owned by Microsoft or its licensors.
(3) Company will only use the Product licenses that it receives under the Program according to this Agreement and use terms that are part of a separate agreement. (See the Program Guide and Program Website for more details.) Company will acquire enough Microsoft Product licenses through the Program or applicable Microsoft licensing programs to match:
(i) The quantities of the Microsoft Product it uses; and
(ii) The maximum number of users and devices that may access or use the Microsoft Product under Company’s agreements with Microsoft or a reseller. Microsoft may take actions, including the following, to ensure that Company complies with the Agreement and this Section 4(e)(3). Microsoft may collect data from the “Windows Genuine Advantage,” “Office Genuine Advantage” and other similar programs. (See the Program Guide for more details.) Microsoft may conduct audits under Section 12(a) of this Agreement. Microsoft may: Contact Company; and Take actions to prevent Company from using more Products than authorized by this Agreement.
(4) Company’s benefits under the Program, including Products, may not be distributed to Company’s customers (with the exception of the rights granted in Section 4(d). Company will inf...
