MICROSOFT LICENSE TERMS

MICROSOFT E-LEARNING COURSES AND RELATED ONLINE SERVICES – MICROSOFT IT ACADEMY STUDENT PASS PROGRAM

These license terms are an agreement between Microsoft Corporation and you (an individual). Please read them. They apply to the licensed content named above, which includes the media on which you received it, if any, and the online service for the licensed content. The terms also apply to any Microsoft

· updates,

· supplements,

· Internet-based services, and

· support services

for this licensed content and these online services, unless other terms accompany those items. If so, those terms apply.

By using the online service and licensed content, you accept these terms. If you do not accept them, do not use the online service or licensed content.

If you comply with these license terms, you have the rights below for each license you acquire.

1. DEFINITIONS.

a. "Access Code(s)" means the unique access code provided by Microsoft to Students and Faculty for their access to and use of the licensed content.

b. "Faculty" means an instructor or administrator duly engaged with an accredited academic institution of higher learning or secondary school to facilitate the learning of Students enrolled in the institution.

c. "Microsoft IT Academy Student Pass Program" ” means the program in which Microsoft provides licensed content to Students and Faculty.

d. "Student(s)" means a student duly enrolled in an accredited academic institution of higher learning or secondary school.

f. "use" means the non-commercial use of the licensed content by Students and Faculty solely to conduct self-paced training in the use of the technology, products, or services related to the subject matter of the licensed content and/or concepts related to such technology, products, or services. "use" under these License Terms shall not include the use of the licensed content for general business or commercial purposes and/or for use in a classroom training session.

2. OVERVIEW.

a. Licensed Content. The licensed content may include software, printed materials, academic materials, electronic books, and associated media, and is provided via an online service.

b. License Model. The licensed content is licensed on a subscription basis. The length of time that you may access and use specific licensed content is equal to the length of the subscription you acquired for such licensed content. For instance, if you acquired a 150-day subscription to an E-Learning Course, you may access and use one copy of that E-Learning Course (licensed content) via this site for a 150-day period. The subscription period begins on the date you activate the subscription to the related licensed content. You may not share this right, or the licensed content, with others and, you may only use the licensed content for your personal training.

3. INSTALLATION AND USE RIGHTS.

a. Use of Access Codes.. Microsoft may provide Access Codes only to Students and Faculty members for use of the license content for their self-paced training purposes. You may not distribute Access Codes to any person or entity.

b. Licensed Device. The licensed device is the device on which you use the licensed content and online service. You may access and use the licensed content and online service and install and use one copy of those portions of the licensed content that we allow you to download on the licensed device.

c. Portable Device. You may install another copy of those portions of the licensed content that we allow you to download on a portable device for use by the single primary user of the licensed device.

d. Separation of Components. The components of the licensed content are licensed as a single unit. You may not separate the components and install them on different devices.

e. Third Party Programs. The licensed content may contain third party programs. The license terms with those programs apply to your use of them.

4. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.

a. Remote Access. You may access and use the online service and licensed content remotely from another device as described below.

· Primary user. You may access and use the online service and licensed content remotely from any other device. No other person may use the licensed content under the same license at the same time except to provide support services.

· Remote assistance. You may allow other devices to access the online service and licensed content to provide you with support services. You do not need additional licenses for this access.

b. E-Learning Courses. These terms apply to your use of and access to an E-Learning Course(s) and the related online service:

i. Academic Materials. If the licensed content contains academic materials (such as white papers, tests, datasheets, and FAQs), you may print, copy and use the academic materials and keep those academic materials longer than the subscription period. You may not make any modifications to the academic materials and you may not print any electronic book (e-book) or chapter of an e-book in its entirety. If you reproduce any academic materials, you agree that:

A. The use of the academic materials will be only for your personal reference or training use.

B. You will include on each copy either the academic material’s original copyright and trademark notices or a copyright notice to the benefit of Microsoft benefit in the format provided below:

Form of Notice:

Copyright © Microsoft Corporation. Reprinted for personal reference use only with permission by Microsoft Corporation. All rights reserved.

Microsoft and Windows are either registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries. Other product and company names mentioned herein may be the trademarks of their respective owners.

ii. Distributable Code. The licensed content may contain code that you are permitted to distribute in programs you develop if you comply with the terms below.

A. Right to Use and Distribute. The code and text files listed below are "Distributable Code."

· REDIST.TXT Files. You may copy and distribute the object code form of code listed in REDIST.TXT files.

· Sample Code. You may modify, copy, and distribute the source and object code form of code marked as "sample."

· Third-Party Distribution. You may permit distributors of your programs to copy and distribute the Distributable Code as part of those programs.

B. Distribution Requirements. For any Distributable Code you distribute, you must

· add significant primary functionality to it in your programs;

· require distributors and external end users to agree to terms that protect it at least as much as this agreement;

· display your valid copyright notice on your programs; and

· indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of your programs.

C. Distribution Restrictions. You may not

· alter any copyright, trademark, or patent notice in the Distributable Code;

· use the Microsoft trademarks in your programs’ names or in a way that suggests your programs come from or are endorsed by Microsoft;

· distribute Distributable Code to run on a platform other than the Windows platform;

· include Distributable Code in malicious, deceptive, or unlawful programs; or

· modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification, or distribution, that

· the code be disclosed or distributed in source code form; or

· others have the right to modify it.

c. Media Elements and Templates. You may copy and use images, clip art, animations, sounds, music, shapes, video clips, and templates provided with the licensed content and identified for such use in documents and projects that you create. You may distribute those documents and projects non-commercially. If you wish to use these media elements or templates for any other purpose, go to www.microsoft.com/permission to learn whether that use is allowed.

d. Monitoring Your Use. To the extent permitted by law, we may monitor your use of the online service and remove or disclose your information or materials in order to

i. ensure your compliance with your subscription services agreement including the use rights;

ii. satisfy any legal requirements or process; or

iii. protect our rights or the rights of others.

e. Electronic Notices. We may provide you with information about the online service in electronic form. It may be via e-mail to the address you provide when you sign up for the online service and licensed content, through a Web site that we identify, or via instant messaging. Notice via email or instant messaging is given as of the transmission date. As long as you use the online service and access your subscription(s), you have the software and hardware needed to receive these notices. You may not use the online service and access your subscription(s) if you do not agree to receive these electronic notices.

f. Terms for Online Services.

i. Online Service Updates. We may modify the online service from time to time. We may also release a new version of it. If we update the online service and you do not use the updated service, some features may not be available to you and your use of the online service and/or access to your subscription may be interrupted or terminated.

ii. Online Service Suspension or Cancellation. We may suspend the online service or your use of it for any reason, including service maintenance. We may also cancel the online service or your use of it for any reason, including legal obligations. If we do cancel it, your your right to use the online service and your subscription(s) stops right away. You may not have access to your data after we suspend or cancel the online service. If we cancel or suspend your use of the online service, you will delete all copies in any format of any licensed content accessed via the online service, including without limitation any copies residing on any hard disk or other storage device.

g. Term of License. You may not access or use the online service or licensed content after your applicable access code to the licensed content terminates or expires.

h. Use of Software with the Online Service. You may use only Microsoft software or authorized third party software to sign into and use the online service and access and use your subscription(s).

i. Use of Other Web Sites and Services. You may use only Microsoft or authorized third-party Web sites and services to access and use the online services and licensed content. The terms of use that come with those sites and services apply to your use of them.

j. Third-Party Content and Services. We are not responsible for any third-party content you access with the online services. You are responsible for your dealings with any third party (including advertisers) related to the online services (including the delivery of and payment for goods and services).

k. Materials You Post or Provide. For any materials you post or provide to us related to the online service, you give us the right to (1) use, modify, copy, distribute, transmit, and display the materials for the online service, (2) publish your name with the materials, and (3) give these rights to the public. These rights apply only to legal content and legal use of it. We will not pay you for your materials. We may remove them at any time. You must have the rights needed to give us these rights.

l. Additional Functionality. We may provide additional functionality for the licensed content or online services. Other license terms and fees may apply..

m. Third-Party Programs. If other terms come with a program licensed by a third-party, those terms apply to your use of it.

n. Pre-release Code. If other terms come with pre-release code, those terms apply to your use of it.

o. Updates and Supplements. We may update or supplement the licensed content or online service you license. If so, you may use that update or supplement with the licensed content or online service. If other terms come with an update or supplement, those terms apply to your use of it.

p. License Terms Updates. We may update these license terms any time. You agree to the new terms by using the online service and your subscription(s) after we publish them on the Web site or send you an e-mail or instant message about the updates.

q. Other Rights. Rights to access the software on any device do not give you any right to implement Microsoft patents or other Microsoft intellectual property in software or devices that access that device.

5. MANDATORY ACTIVATION. To prevent its unlicensed use, you will not be able to use the licensed content if you do not activate it as described during the first access. You can activate the licensed content by Internet; Internet and telephone service charges may apply. The licensed content will remind you to activate until you do.

6. INTERNET-BASED SERVICES. Microsoft provides an Internet-based online service with the licensed content. It may change or cancel them at any time. You may not use these services in any way that could harm them or impair anyone else’s use of them. You may not use the online service to try to gain unauthorized access to any service, data, account, or network by any means.

7. RESPONSIBILITY FOR YOUR ACCOUNTS. You are responsible for all activity with your online service accounts and your passwords. You must keep them confidential. You must tell us right away about any possible misuse of your accounts or any security breach related to the online service or any unauthorized use(s) of the service or any licensed content accessed through the service.

8. PRIVACY. See the online service’s privacy statement on the Web pages for information about how we may collect and use your information.

9. SCOPE OF LICENSE AND SCOPE OF USE. The licensed content is licensed, not sold. This agreement only gives you some rights to use the licensed content and online service. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the licensed content and online service only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the licensed content and online service that only allow you to use it in certain ways. You may not

· disclose the results of any benchmark tests of the software to any third party without prior written approval from Microsoft;

· work around any technical limitations in the licensed content or online service;

· reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;

· make more copies of the licensed content than specified in this agreement or allowed by applicable law, despite this limitation;

· publish the licensed content for others to copy;

· rent, lease, sublicense, assign, or lend the licensed content or any portion thereof (including any permitted modifications thereof) on a stand-alone basis or as part of any collection, product or service;

· use the licensed content for commercial software hosting services;

· use the online service in a way that is against the law;

· authorize any third party to access or use the licensed content or online service on your behalf;

· use any automated process or service to access or use the online service such as a BOT, a spider, or periodic caching of information stored by Microsoft, and such prohibited uses include use to assist in downloading or printing any of the licensed content;

· post any licensed content accessed via the online service to Usenet, or any third-party Web site, or provide such licensed content to others by any other means, such as blogs or RSS feeds, except as specifically authorized by these license terms, or as permitted under U.S. Fair Use;

· distribute the licensed content in any format, except as provided herein;

· assign, license, or otherwise transfer to any third party, any of the rights, in whole or in part, granted to you under these license terms, or any rights in any licensed content accessible through the online service, and you will not permit others (including other users) to do so;

· falsify any e-mail header information (e.g., "spoofing"); or

· use the online service to make available any offering designed to violate these terms (e.g., enable sending of spam, enable denial of service attacks, etc.).

10. BACKUP COPY. You may make one backup copy of those portions of the licensed content that we allow you to download. You may use it only to reinstall such licensed content.

11. NOT FOR RESALE SOFTWARE. You may not sell software or licensed content marked as "NFR" or "Not for Resale."

12. UPGRADE. If this licensed content is marked as an upgrade version, you may use it only if you have a license to use the software licensed content eligible for upgrade. If you upgrade, this licensed content takes the place of the earlier version, and this agreement takes the place of the agreement for that earlier version. You may not use the earlier version after you upgrade.

13. TRANSFER TO ANOTHER DEVICE. You may uninstall those portions of the licensed content that we allow you to download and install it on another device for your use. You may not do so to share this license between devices.

14. TRANSFER TO A THIRD PARTY. The subscription for the licensed content may not be transferred to a third party.

15. EXPORT RESTRICTIONS. The licensed content is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the licensed content. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.

16. SUPPORT SERVICES. Microsoft and/or its suppliers provides support services for the licensed content and online service as described at http://support.microsoft.com/gp/ContactUsLearn?sd=lrn.

17. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the licensed content, online service, and support services.

18. APPLICABLE LAW.

a. United States. If you acquired the subscription for the licensed content and online service in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.

b. Outside the United States. If you acquired the subscription for the licensed content and online service in any other country, the laws of that country apply.

19. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the subscription for the licensed content and online service. This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so.

20. Disclaimer of Warranty. The licensed content and online service are licensed "as-is." You bear the risk of using them. Microsoft gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this agreement cannot change. To the extent permitted under your local laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

21. Limitation on and Exclusion of Remedies and Damages. You can recover from Microsoft and its suppliers only direct damages up to U.S.$5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect, or incidental damages.

This limitation applies to

· anything related to the licensed content, software, services, content (including code) on third-party Internet sites, or third-party programs; and

· claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.

It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential, or other damages.

Please note: As this licensed content is distributed in Quebec, Canada, some of the clauses in this agreement are provided below in French.

Remarque : Ce le contenu sous licence étant distribué au Québec, Canada, certaines des clauses dans ce contrat sont fournies ci-dessous en français.

EXONÉRATION DE GARANTIE. Le contenu sous licence visé par une licence est offert « tel quel ». Toute utilisation de ce contenu sous licence est à votre seule risque et péril. Microsoft n'accorde aucune autre garantie expresse. Vous pouvez bénéficier de droits additionnels en vertu du droit local sur la protection dues consommateurs, que ce contrat ne peut modifier. La ou elles sont permises par le droit locale, les garanties implicites de qualité marchande, d'adéquation à un usage particulier et d'absence de contrefaçon sont exclues.

LIMITATION DES DOMMAGES-INTÉRÊTS ET EXCLUSION DE RESPONSABILITÉ POUR LES DOMMAGES. Vous pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation en cas de dommages directs uniquement à hauteur de 5,00 $ US. Vous ne pouvez prétendre à aucune indemnisation pour les autres dommages, y compris les dommages spéciaux, indirects ou accessoires et pertes de bénéfices.

Cette limitation concerne:

· tout ce qui est relié au le contenu sous licence , aux services ou au contenu (y compris le code) figurant sur des sites Internet tiers ou dans des programmes tiers ; et

· les réclamations au titre de violation de contrat ou de garantie, ou au titre de responsabilité stricte, de négligence ou d'une autre faute dans la limite autorisée par la loi en vigueur.

Elle s'applique également, même si Microsoft connaissait ou devrait connaître l'éventualité d'un tel dommage. Si votre pays n'autorise pas l'exclusion ou la limitation de responsabilité pour les dommages indirects, accessoires ou de quelque nature que ce soit, il se peut que la limitation ou l'exclusion ci-dessus ne s'appliquera pas à votre égard.

EFFET JURIDIQUE. Le présent contrat décrit certains droits juridiques. Vous pourriez avoir d'autres droits prévus par les lois de votre pays. Le présent contrat ne modifie pas les droits que vous confèrent les lois de votre pays si celles-ci ne le permettent pas.