Re: Exchange 2003 IMF licensing
From: Scott Schnoll [MSFT] (scschnol_at_online.microsoft.com)
Date: 08/10/04
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Date: Tue, 10 Aug 2004 08:11:16 -0700
It's in the EULA. It says, "IF YOU DO NOT HAVE A VALID LICENSE FOR
MICROSOFT EXCHANGE SERVER 2003 ("Software Product"), YOU ARE NOT AUTHORIZED
TO INSTALL, COPY OR OTHERWISE USE THE UPDATE SOFTWARE AND YOU HAVE NO RIGHTS
UNDER THIS SUPPLEMENTAL EULA.."
Full English EULA below:
SUPPLEMENTAL END USER LICENSE AGREEMENT FOR MICROSOFT SOFTWARE
Microsoft Exchange Intelligent Message Filter and Updates
IMPORTANT: READ CAREFULLY - The Microsoft Exchange Intelligent Message
Filter and Updates, including any "online" or electronic documentation
("UPDATE SOFTWARE"), which accompanies this Supplemental EULA is subject to
the terms and conditions of the agreement ("End User License Agreement" or
"EULA") under which you have validly licensed Microsoft Exchange Server 2003
and the terms and conditions of this Supplemental EULA.
BY INSTALLING, COPYING OR OTHERWISE USING THE UPDATE SOFTWARE, YOU AGREE TO
BE BOUND BY THE TERMS AND CONDITIONS OF THE APPLICABLE SOFTWARE PRODUCT EULA
AND THIS SUPPLEMENTAL EULA. IF YOU DO NOT AGREE TO THESE TERMS AND
CONDITIONS, DO NOT INSTALL, COPY OR USE THE UPDATE SOFTWARE.
NOTE: IF YOU DO NOT HAVE A VALID LICENSE FOR MICROSOFT EXCHANGE SERVER 2003
("Software Product"), YOU ARE NOT AUTHORIZED TO INSTALL, COPY OR OTHERWISE
USE THE UPDATE SOFTWARE AND YOU HAVE NO RIGHTS UNDER THIS SUPPLEMENTAL EULA.
Capitalized terms used in this Supplemental EULA and not otherwise defined
herein shall have the meanings assigned to them in the applicable Software
Product EULA.
General. The UPDATE SOFTWARE is provided to you by Microsoft Corporation
("Microsoft") to update, supplement, or replace existing functionality of
the applicable Software Product. Microsoft grants you a license to use the
UPDATE SOFTWARE under the terms and conditions of the EULA for the
applicable Software Product (which is hereby incorporated by reference) and
the terms and conditions set forth in this Supplemental EULA, provided that
you comply with all such terms and conditions. To the extent that any terms
in this Supplemental EULA conflict with or in addition to terms in the
applicable Software Product EULA, the terms and conditions of this
Supplemental EULA control solely with respect to the UPDATE SOFTWARE.
Rights and Limitations.
If you have multiple validly licensed copies of the Software Product(s), you
may reproduce, install and use the UPDATE SOFTWARE as part of the applicable
Software Product on each of your computers running validly licensed copies
of such Software Product(s) provided that you use such additional copies of
the UPDATE SOFTWARE in accordance with the terms and conditions of this
Supplemental EULA. Microsoft retains all right, title and interest in and to
the UPDATE SOFTWARE. All rights not expressly granted are reserved by
Microsoft. The UPDATE SOFTWARE is licensed, not sold.
With respect to the UPDATE SOFTWARE, if the licensor of Microsoft Exchange
Server 2003 was an entity other than Microsoft, then for the purposes of
this Supplemental EULA, Microsoft will be the licensor with respect to the
UPDATE SOFTWARE in lieu of the "Manufacturer" or other entity and support,
if any, for the UPDATE SOFTWARE shall not be provided by Manufacturer. With
respect to the existing functionality contained in Microsoft Exchange Server
2003 which is not updated, supplemented, or replaced by the UPDATE SOFTWARE,
the applicable EULA for Microsoft Exchange Server 2003 shall remain in full
force and effect as to Microsoft Exchange Server 2003.
IF MICROSOFT EXCHANGE SERVER 2003 WAS LICENSED TO YOU BY MICROSOFT OR ANY OF
ITS WHOLLY OWNED SUBSIDIARIES, THE LIMITED WARRANTY (IF ANY) INCLUDED IN THE
APPLICABLE EULA APPLIES TO THE UPDATE SOFTWARE PROVIDED THE UPDATE SOFTWARE
HAS BEEN LICENSED BY YOU WITHIN THE TERM OF THE LIMITED WARRANTY IN THE
APPLICABLE EULA. HOWEVER, THIS SUPPLEMENTAL EULA DOES NOT EXTEND THE TIME
PERIOD FOR WHICH THE LIMITED WARRANTY IS PROVIDED.
IF MICROSOFT EXCHANGE SERVER 2003 WAS LICENSED TO YOU BY AN ENTITY OTHER
THAN MICROSOFT OR ANY OF ITS WHOLLY OWNED SUBSIDIARIES, MICROSOFT DISCLAIMS
ALL WARRANTIES WITH RESPECT TO THE UPDATE SOFTWARE AS FOLLOWS:
DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
MICROSOFT AND ITS SUPPLIERS PROVIDE TO YOU THE UPDATE SOFTWARE, AND SUPPORT
SERVICES (IF ANY) AS IS AND WITH ALL FAULTS; AND MICROSOFT AND ITS SUPPLIERS
HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS,
IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED
WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A
PARTICULAR PURPOSE, OF RELIABILITY OR AVAILABILITY, OF ACCURACY OR
COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF
VIRUSES, AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE UPDATE SOFTWARE,
AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES,
INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE UPDATE SOFTWARE OR
OTHERWISE ARISING OUT OF THE USE OF THE UPDATE SOFTWARE. ALSO, THERE IS NO
WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION,
CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE UPDATE
SOFTWARE.
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT OR
ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS
INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET
ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, AND ANY
OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY
RELATED TO THE USE OF OR INABILITY TO USE THE UPDATE SOFTWARE, THE PROVISION
OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE,
AND RELATED CONTENT THROUGH THE UPDATE SOFTWARE OR OTHERWISE ARISING OUT OF
THE USE OF THE UPDATE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY
PROVISION OF THIS SUPPLEMENTAL EULA, EVEN IN THE EVENT OF THE FAULT, TORT
(INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT OR PRODUCT LIABILITY,
BREACH OF CONTRACT OR BREACH OF WARRANTY OF MICROSOFT OR ANY SUPPLIER, AND
EVEN IF MICROSOFT OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILTY OF SUCH
DAMAGES.
LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU
MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL
DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR
ANYTHING ELSE), THE ENTIRE LIABILITY OF MICROSOFT AND ANY OF ITS SUPPLIERS
UNDER ANY PROVISION OF THIS SUPPLEMENTAL EULA AND YOUR EXCLUSIVE REMEDY FOR
ALL OF THE FOREGOING SHALL BE LIMITED TO THE GREATER OF THE ACTUAL DAMAGES
YOU INCUR IN REASONABLE RELIANCE ON THE SOFTWARE UP TO THE AMOUNT ACTUALLY
PAID BY YOU FOR THE UPDATE SOFTWARE OR U.S.$5.00. THE FOREGOING LIMITATIONS,
EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
-- Scott Schnoll Microsoft This posting is provided "AS IS" with no warranties, and confers no rights. Please do not send email directly to this alias. This alias is for newsgroup purposes only. "Jack" <Jack@discussions.microsoft.com> wrote in message news:E547BA69-3A7A-4D82-B9AA-D5537D72C236@microsoft.com... > Thanks Gordon, > > Any idea where I might find some Microsoft 'proof' of that position? > > "Gordon Ryan" wrote: > >> My understanding is that microsoft backed away from their original >> position, >> and as long as you have an exchange license you can use the IMF. >> >> Gordon >> "Jack" <Jack@discussions.microsoft.com> wrote in message >> news:59DD01D4-8803-4076-9349-2366E0666F4E@microsoft.com... >> > Can anyone tell me what the current stand is on licensing for the >> > Intelligent >> > Message Filtering add-on is? >> > >> > When I first saw this on the MS site there was a clear indication that >> > Software Assurance for both Exchange Server and CALs was a requirement. >> > >> > I've just spent an hour trying to find this information, I even >> > downloaded >> > the filter and started the install to read the EULA, also searched >> > google >> > to >> > no avail. >> > >> > Any help is much appreciated! >> >> >>
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