|
Intellectual Property
|
|
View all answers.
|
|
|
|
|
Q:
|
What is intellectual property?
|
|
A: |
Intellectual property is a group of legislative and common law rights affording
protection to creative and intellectual effort. Intellectual property protection
covers literary, artistic, and musical works (including computer programs), and
inventions, scientific discoveries, industrial designs, trademarks, and trade secrets
(confidential information). The four most common forms of intellectual properly
are copyright, patent, trade secrets (confidential information), and trademarks.
|
|
|
|
|
|
Q:
|
What is the importance of intellectual
property protection?
|
|
A: |
One of the most important determinants of the profitability of a business is its
"intellectual capital" or the knowledge, information, and experience that can be
used to create wealth.
Industries such as computer software, film, music performing and recording, and
publishing are based almost entirely on the development and sale of their intellectual
capital. These industries stand or fall on the strength of intellectual property
protection provided by legal systems.
Computer programs in some form or another underlie every action taken in cyberspace
and are, therefore, the fundamental building block of the new economy. From a global
perspective, the computer software industry employs 1.35 million people and produces
$175 billion in worldwide revenue annually. But while the information economy is
soaring, so is intellectual property theft and information piracy. The long-term
health of the global information economy rests upon the ability of the public and
private sectors to work together to protect intellectual property rights against
the growing problems of technology theft worldwide. Intellectual property protection
provides the legal framework to safeguard intellectual capital
|
|
|
|
|
General licensing questions
|
|
View all answers.
|
|
|
|
|
Q:
|
What is a software license?
|
|
A:
|
A software license grants a person (or company) the legal right to use a software
program. For each software program you use, you need a license granted to it and
proper documentation evidencing that license.
Microsoft offers many licensing programs designed to meet your every need. The software
licenses that accompany these programs will vary.
|
|
|
|
|
|
Q:
|
What is an End User License Agreement
(EULA)?
|
|
A:
|
The EULA outlines the terms and conditions of use for the software program you have
acquired. For retail (Full Packaged) software, the license agreement is between
Microsoft and the end customer; for OEM (Original Equipment Manufacturer) software,
the license agreement is between the PC manufacturer and the end customer.
|
|
|
|
|
|
Q:
|
Where do I find my End User License
Agreement (EULA)?
|
|
A:
|
The EULA may be found in one of several locations, depending on your Microsoft Software.
The three most common locations for the license agreement are: 1) printed on a separate
piece of paper that accompanies the software; 2) printed in the user's manual, usually
on the inside front cover or the first page of the manual; or 3) located online
within the software product.
|
|
|
|
|
|
Q:
|
How are Microsoft's End User
License Agreements (EULAs) delivered?
|
|
A:
|
EULAs may be included with Microsoft Software products in online or hard copy form.
Please note that Microsoft does not authorize the bulk distribution of single EULAs
on a stand-alone basis. Counterfeiters, however, have been known to distribute EULAs
in this form in the marketplace. If you have questions about the legitimacy of youi
Microsoft EULA, please contact the Microsoft Anti-Piracy Hotline at 1-800-RU-LEGIT
(785-3448).
|
|
|
|
|
|
Q:
|
What is the difference between
OEM (Original Equipment Manufacturer) software and retail (Full Packaged Product)?
|
|
A:
|
OEM software is licensed for use only on the computer system on which it was installed
originally. However, retail software may be transferred, in its entirety, to a different
computer system as long as the person transferring the software deletes all copies
of the software from his personal computer. Another difference is the identity of
the licensor; for retail software, the license agreement is between Microsoft and
the end customer. For OEM software, the license agreement is between the PC manufacturer
and the end customer.
|
|
|
|
|
|
Q:
|
What is Microsoft Volume Licensing?
|
|
A:
|
Microsoft Volume Licensing is the licensing method available to customers who wish
to acquire multiple copies of Microsoft Software. Volume Licensing Programs provide
flexible volume software license purchasing options for corporate customers and
other customer types including Academic and Government.
Customers who participate in Microsoft's Volume Licensing Programs can realize savings
over retail Full Packaged Product and enjoy the flexibility of forecasting in order
to budget for software acquisitions. For customers who need more than one copy of
Microsoft Software, acquisition through volume licensing can be an effective way
to reduce their total cost of ownership (TCO). For each license acquired, the customer
is granted permission to use a copy of the software. We provide volume licensing
opportunities through a variety of channels to give customers greater access and
choice
|
|
|
|
|
|
Q:
|
How do I establish that I have
a legal license?
|
|
A:
|
Microsoft strongly recommends that you keep the following in order to establish
that you have genuine and fully licensed software:
- All software and applicable components, including media and manuals.
- Certificate of Authenticity (COA).
- End User License Agreement (EULA), which explains the terms and conditions of use
for that software
- Purchase orders/receipts, to demonstrate the purchase of your licenses.
If you have purchased licenses through a Microsoft Volume Licensing Program, you
should retain your License Agreement and license confirmation(s).
|
|
|
|
|
|
Q:
|
What happens if I use my Microsoft
software without a license?
|
|
A:
|
If software is copied or not legally licensed, you are not only potentially putting
your own home PC or organization's PC network at risk, you are also breaking the
law. If you acquire software that isn't genuine, you could find that the software
is defective, missing valuable code, and can affect the security of your PC. Registered
users of genuine software enjoy reliable and secure software and receive added value
through technical product support and software upgrades.
Further, by using software that is inappropriately licensed, you aie risking your
business and professional reputation. Have legal confidence that your business uses
genuine and licensed software.
|
|
|
|
|
|
Q:
|
Can I make a second copy of my
Microsoft Office software for my portable computer?
|
|
A:
|
The terms and conditions between different versions of the Microsoft Office software
products may differ; therefore, it is best to check your EULA and review the terms
and conditions of use of your particular product.
|
|
|
|
|
|
Q:
|
Can I make a second copy of
my operating system software for my home, work, or portable computer?
|
|
A:
|
No. The right to make a second copy of a Microsoft Software product applies only
to some application products and not to operating system software.
|
|
|
|
|
|
Q:
|
Is it legal for me to sell a
software license that I have bought and used?
|
|
A:
|
Yes, as long as you follow the terms of transfer outlined in your license agreement.
For example, in relation to retail Microsoft Software, you may transfer your rights
under the End User License Agreement on a permanent basis provided you transfer
all copies of the software and all written materials, including the original license
agreement and the Certificate of Authenticity where applicable. For any valid transfer,
the software recipient must agree to the terms of the EULA. Any transfer must include
the most recent product upgrade as well as any prior version that you have, including
media and documentation.
Prior to transferring your software, you must remove all copies of the software
from your machine, including your portable computer in instances where a second
copy is allowed Licenses under a Microsoft Open License Agreement can be transferred
in most circumstances. If you wish to transfer software licenses you purchased under
a Microsoft Open License Agreement, you must transfer all licenses purchased under
your authorization number to a single legal entity. Licenses purchased under a Microsoft
Open License Agreement cannot be broken up. There are additional reguirements for
transferring licenses under a Microsoft Open License Agreement. Please refer to
the relevant transfer clause in your License Agreement.
|
|
|
|
|
|
Q:
|
Can I transfer an OEM operating
system license from an old PC to a new one?
|
|
A:
|
No. Current OEM licenses for all operating system software are not transferable
from one machine to another. Note: Some older EULAs for copies of certain OEM operating
system software (that is; MS-DOS®, Microsoft® Windows®
3.1, and Microsoft® Windows® for Workgroups 3.1) distributed
in 1995 or earlier may permit transfer of the OEM operating system software license
under limited circumstances.
|
|
|
|
|
Q:
|
I bought a new PC and want to
move my operating system software from my old PC to the new PC. May I do that?
|
|
A:
|
The software is licensed with the computer system on which it was originally installed.
OEM licenses are single-use licenses that cannot be installed on more than one computer
system. T he EULA states that the license may not be shared, transferred to, or
used concurrently on different computers. You must acquire a new operating system
license for the new PC.
|
|
|
|
|
Q:
|
Do the same OEM rules apply
to Server products as they do to Desktop Operating Systems products?
|
|
A:
|
Microsoft OEM EULAs vary. Check the EULA for each product. In general, OEM Server
and OEM Desktop operating systems have similar license terms, such as restrictions
on transfer.
|
|
|
|
|
Q:
|
What are License Downgrade Rights?
|
|
A:
|
Downgrade Rights entitle a customer to a previous version of the suite or application.
Suites/Editions may not be broken up into their individual components. For example,
Microsoft Office is a suite of programs. You should refer to your relevant license
agreement for each Microsoft product and review if downgrade rights apply.
|
|
|
|
|
Q:
|
If I have several versions of
the same product - for instance, Microsoft® Word in both Spanish
and English - do I need more than one license?
|
|
A:
|
Yes. You need a license agreement for every Microsoft product you have installed
on your computer. All Microsoft license agreements are version - and language -
specific. If you have Miciosoft Word in both Spanish and English, you need two license
agreements - one for each language version. If you licensed a bilingual product,
for example, with the English/Arabic version of Microsoft Word, the license agreement
covers both language versions of that single product.
|
|
|
|
|
Q:
|
What is concurrent use of software?
Are concurrent Product Use Rights (PUR) available to commercial volume licensing
customers?
|
|
A:
|
Concurrent use is the sharing of software licenses among multiple users. Commercial
volume licensing customers are not offered concurrent product use rights through
volume licensing. For further details, please check your specific Microsoft product
and version.
|
|
|
|
|
Q:
|
What is the Product Use Rights
(PUR) document?
|
|
A:
|
Product Use Rights are the product-specific terms and conditions that govern how
our products can be used in the volume licensing programs. They are the equivalent
of the EULA that a customer would receive when purchasing a retail product. Much
of the wording is common to both the EULA and the PUR. It is an addendum to the
Open License, Select License, or Enterprise Agreement, and lists for each customer
how he can use the products that he acquires through the Volume Licensing Program
he is participating in. The PUR document can be found at www.microsoftvolumelicensing.com/userights/PUR.aspx
|
|
|
|
|
Q:
|
When I upgrade a Microsoft product,
does my End User License Agreement (EULA) for that product change?
|
|
A:
|
Yes. The EULA included with the upgrade version sets forth the license rights for
both the original product and the upgrade. With every new upgrade product, you will
receive a new EULA. Upgrade versions are treated as part of the whole product, because
an upgrade often needs many of the basic components in the Original Software in
order to run. This is true for both application and system product upgrades.
|
|
|
|
|
Q:
|
Can I transfer or give away
old versions of my products when I acquire an upgrade?
|
|
A:
|
The original full product and the upgrade product together are considered a single
software unit. Therefore, you must retain the old product to remain legally licensed.
|
|
|
|
|
Q:
|
What if I've upgraded to the
latest Windows operating system. Do I still need to keep my End User License Agreement
(EULA) for the older version as part of my legally licensed product?
|
|
A:
|
Yes. All copies together are treated as a single product, regardless of how many
upgrade versions you've acquired. The upgrade license attaches to the base license
(full license) and together they become the legal license.
|
|
|
|
|
Q:
|
What if my original product
was acquired from a different software publisher and I upgraded to a Microsoft product?
|
|
A:
|
If the Microsoft Software is an upgrade from a product of another supplier (sometimes
called a "competitive upgrade"), you may only transfer the other software in conjunction
with the Microsoft upgrade product.
|
|
|
|
|
Q:
|
What if I don't upgrade my product
but acquire a completely new version? Do I still have to keep my old version of
that product?
|
|
A:
|
No. However, as you acquire upgrades for the new product, you must retain both the
original product and the upgrade versions that together serve as a single product.
|
|
|
|
|
Q:
|
What is Product Activation?
|
|
A:
|
Microsoft Product Activation is aimed at reducing software piracy (the number of
illegal copies of a software program). Product Activation also helps verify that
the software has been legally licensed and ensures that Microsoft's customers are
receiving the software quality that they expect.
For more information on Product Activation, visit www.microsoft.com/piracy/activation.mspx.
|
|
|
|
How to tell if your Microsoft Software is genuine
|
|
View all answers. |
| |
|
|
Q: |
What is a Certificate of Authenticity
(COA)? |
|
A: |
The COA helps you determine whether the Microsoft Software you have acquired is
genuine. The COA is not the license, but forms part of the documentation to prove
ownership of your software.
If you would like more information, visit www.microsoft.com/howtotell. |
| |
|
|
Q: |
My Microsoft product came with
a Certificate of Authenticity (COA). Is that my End User License Agreement (EULA)? |
|
A: |
No. The COA is an anti-counterfeiting security certificate that accompanies all
Microsoft products. The COA label that accompanies all retail products can be found
on the outside of the retail box. In relation to OEM software, the COA label is
affixed to the outside of the product and when the software is installed onto the
PC, the installer must affix it to the outside chassis of the PC. The COA label
may also be found on the cable cord of OEM hardware products such as the Microsoft®
Natural® keyboard, Microsoft Mouse, and Microsoft®
IntelliMouse® pointing device.
The COA is one assurance that the software is legitimate. For instance, if you purchased
a PC from a computer store and it came with Microsoft Windows operating system software
preinstalled on its hard drive, the COA should be affixed to the outside of the
chassis on the PC.
The COA contains anti-counterfeiting security features, such as a latent image to
prevent the production of counterfeit Microsoft products. If you have not received
a COA with your OEM or retail product, or if your COA appears to be counterfeit,
please contact the Microsoft Anti-Piracy Hotline at 1-800-RU-LEGIT (785-3448). |
| |
|
|
Q: |
I just bought a PC that came
with Windows operating system software. Is the number on the Certificate of Authenticity
(COA) that accompanied my computer the same as my Microsoft product serial number? |
|
A: |
No. The number on the bottom of the COA helps Microsoft and its OEM vendors track
legitimate products in the marketplace. Your product serial number is the number
that first appears on your computer screen when you turn on your computer. |
| |
|
|
Q: |
The CD Hologram |
|
A: |
Genuine Microsoft Software comes with an Edge-to-Edge Holographic CD featuring a
three-dimensional holographic image over the entire surface of the CD. This holographic
image is part of the CD itself, not a sticker, so it's easier to identify genuine
Microsoft Software.
|
| |
|
Guidelines for secondhand PCs
|
|
View all answers.
|
|
|
|
|
Q:
|
Overview
|
|
A:
|
Both suppliers and recipients of secondhand computer systems on which Microsoft
software is installed must be aware of the terms of the EULA which govern the transfer
of PCs on which Microsoft Software is installed.
Failure to comply with the terms of the EULA when supplying a secondhand computer
system may put you at financial, legal, and professional risk.
In accordance with the Microsoft EULA, the software can only be transferred if the
EULA, CDs and associated printed materials are physically transferred to the purchaser
or recipient of the PC, and the purchaser or recipient agrees to the terms of the
EULA.
|
|
|
|
|
Q:
|
Guidelines for suppliers
|
|
A:
|
If you are transferring a secondhand PC on which Microsoft Software is installed,
whether by way of sale, donation, gift, or otherwise, you must deliver to the purchaser
or recipient the EULA, original CDs, and printed materials for each Microsoft program
which is installed on the PC.
For example, if you are supplying a computer system on which Microsoft®
Windows® 98 and Microsoft Office 97 are installed, you must supply
to the purchaser or recipient of that computer system, at the time of transfer,
the EULA, CDs, and printed materials for each of those computer programs.
If you are unable to locate the EULA or original CDs for a Microsoft program which
is installed on the PC, you must delete that software from the hard disk drive of
the PC prior to the transfer. Alternatively, you may purchase a new license for
that software, which you must then supply to the purchaser or recipient with the
PC at the time of transfer. If you wish to purchase new licenses for Microsoft Software,
please contact a Microsoft Channel Partner or Microsoft Authorized OEM Distributor.
|
|
|
|
|
Q:
|
Guidelines for recipients
|
|
A:
|
If you are acquiring a secondhand PC on which Microsoft Software is installed, whether
as a purchase, donation, gift, or otherwise, you must ensure that the supplier provides
you with the EULA, original CDs, and printed materials for each Microsoft program
installed on the PC.
If the supplier is unable to comply with the terms of the EULA by providing you
with the EULA and original CDs, you may not use the software product. In this case,
you must either acquire a license for the software or delete the software from the
computer system.
|
|
|
|
|
Q:
|
Volume licenses
|
|
A:
|
You should be aware that licenses granted under an Open License Agreement, Select
Agreement, or Enterprise Agreement are not transferable other than in very limited
circumstances. If you are proposing to transfer a computer system containing Microsoft
software which is licensed under a volume license agreement, please refer to your
agreement to ascertain what is permitted.
|
|
|
|
|
