1. General.
The accompanying Microsoft software
includes computer software and may include
associated media, printed materials, 'online'
or electronic documentation, and Internet-
based services for use with a Microsoft
server operating system ('OS') product
(collectively, the 'OS Components'). The OS
Components are provided to update, supplement,
or replace existing functionality of any
edition of Microsoft Windows Server 2003 (the
'Server OS Software'). Your use of the OS
Components is subject to the terms and
conditions of the end user license agreement
(either from Microsoft or some other entity)
under which you have previously licensed the
Server OS Software (the 'Server OS Software
EULA') and this Supplemental EULA.
IF YOU DO NOT HAVE A VALIDLY LICENSED COPY
OF THE SERVER OS SOFTWARE, YOU ARE NOT
AUTHORIZED TO INSTALL, COPY OR OTHERWISE USE
THE OS COMPONENTS AND YOU HAVE NO RIGHTS
UNDER THIS SUPPLEMENTAL EULA.
2. General Terms and Conditions of Your Use
of the OS Components.
2.1 Provided you comply with all applicable
license terms and conditions contained in the
Server OS Software EULA (which are hereby
incorporated by reference except as set forth
below) and this Supplemental EULA, Microsoft
grants you the right to reproduce, install
and use one copy of the OS Components on each
of your computers that is running a validly
licensed copy of the Server OS Software.
2.2 The OS Components are protected by
copyright and other intellectual property
laws and treaties. Microsoft Corporation or
its suppliers own the title, copyright, and
other intellectual property rights in the OS
Components. All rights not expressly granted
to you in this Supplemental EULA are reserved.
The OS Components are licensed, not sold.
2.3 Capitalized terms used in this
Supplemental EULA and not otherwise defined
herein shall have the meanings assigned to
them in the Server OS Software EULA.
3. Additional Rights and Limitations.
3.1 The Server OS Software and the OS
Components contain features described in the
Server OS Software EULA that are enabled by
default to connect via the Internet to
Microsoft computer systems automatically,
without separate notice to you. These
features use standard Internet protocols,
which transmit information such as the type
of operating system, browser, IP address and
language code of your Server to the Microsoft
computer system. This information will not be
used to identify or contact you. You consent
to the operation of these features, unless
you choose to switch them off or not use them.
For more information about these Internet-
enabled features, please see
http://go.microsoft.com/fwlink/?LinkId=35819,
your software documentation or the Microsoft
online support site. Microsoft may
occasionally update the information at
http://go.microsoft.com/fwlink/?LinkId=35819.
When we do so, the first Web page will
indicate when the material was last updated.
3.2 Solely with respect to the OS
Components, if the licensor of the applicable
Server OS Software was an entity other than
Microsoft, then for the purposes of this
Supplemental EULA Microsoft is the licensor
with respect to such OS Components in lieu of
the "Manufacturer" or other entity.
Manufacturer or such other entity has no
obligation under this Supplemental EULA to
provide support for such OS Components. With
respect to the existing functionality
contained in the original version of the
Server OS Software that is not updated,
supplemented, or replaced by the OS
Components, the Server OS Software EULA
provided by the Manufacturer or other
licensing entity shall remain in full force
and effect as to that Server OS Software.
IF THE SERVER OS SOFTWARE WAS LICENSED TO
YOU BY MICROSOFT OR ANY OF ITS WHOLLY OWNED
SUBSIDIARIES, THE LIMITED WARRANTY (IF ANY)
INCLUDED IN THE SERVER OS SOFTWARE EULA
APPLIES TO THE OS COMPONENTS, PROVIDED THAT
THE OS COMPONENTS HAVE BEEN LICENSED BY YOU
WITHIN THE TERM OF THE LIMITED WARRANTY IN
THE SERVER OS SOFTWARE EULA. HOWEVER, THIS
SUPPLEMENTAL EULA DOES NOT EXTEND THE TIME
PERIOD FOR WHICH THE LIMITED WARRANTY IS
PROVIDED.
IF THE SERVER OS SOFTWARE 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
OS COMPONENTS AS FOLLOWS:
DISCLAIMER OF WARRANTIES. To the maximum
extent permitted by applicable law, Microsoft
and its suppliers provide TO YOU the OS
Components, 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
OS COMPONENTS, AND THE PROVISION OF OR
FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES,
INFORMATION, SOFTWARE, AND RELATED CONTENT
THROUGH THE OS COMPONENTS OR OTHERWISE
ARISING OUT OF THE USE OF THE OS COMPONENTS.
also, there is no warranty or condition of
title, quiet enjoyment, quiet possession,
correspondence to description or non-
infringement with regard to the OS Components.