Offering Description
Microsoft will ensure that customers who are affected by Hurricanes Gustav and Ike have the software they need for their businesses and to assist in relief efforts. As such, Qualifying Customers (see qualifications below) will receive temporary license grants for the software they need to rebuild their businesses and to provide services to others affected by the storm.
How the temporary grant works
During the six-month offering period (see below), Qualifying Customers will be provided with the temporary right to deploy and use any amount of software that is normally available for purchase under their Microsoft Volume Licensing Agreements. Other than the temporary suspension of ordering requirements, the use of the software during the temporary grant period will be governed by the terms and conditions of the Qualifying Customer's License Agreement.
At the end of the six-month period, Qualifying Customers must either:
Determine whether they already own sufficient licenses to continue using what was deployed during the disaster;
Purchase licenses (if not already owned) to cover continued use of the software; or
Uninstall and cease use of the software.
Qualifying Customers
The following customers ("Qualifying Customers") will qualify for the temporary software grant, provided that they are party to Microsoft Open, Select, Campus, School, Enterprise, and/or Enterprise Subscription Agreements:
Government entities, schools, nonprofits and other relief agencies that provide direct disaster assistance, within the Presidentially-Declared Major Disaster areas administered by FEMA;
Schools, local governments, and relief agencies that provide services to evacuees from the disaster areas housed in outlying areas; and
Businesses and essential government agencies in the disaster areas whose computer systems are disrupted (by one or both disasters) and must be rebuilt or restored.
Duration of offering
The offer lasts until March 1, 2009, which is approximately six months after the first of these two Presidential Major Disaster Declarations, as administered by FEMA. Customer requests for extensions will be evaluated by Microsoft on a case-by-case basis.
Important note
The above information is merely a summary of the Microsoft licensing offer of assistance. Please ensure that you qualify for the offer pursuant to those terms and conditions (outlined in the next section), and contact your Microsoft representative with any questions or if you need help obtaining media and Volume License Keys needed for software installation.
Terms and Conditions
As a result of the recent natural disasters that have occurred in certain areas of the United States, Microsoft Licensing GP ("Microsoft") grants the following temporary use rights to its volume licensing customers.
For a period of approximately six months beginning on September 1, 2008, and ending on March 1, 2009, Microsoft grants temporary use rights for all Microsoft software available through the Microsoft Volume Licensing Product List to existing Volume Licensing customers who have an active Volume Licensing agreement with Microsoft or who acquired perpetual rights through a previous Volume Licensing agreement and who are directly affected by Hurricane Gustav and/or Ike and the resulting flooding.
This temporary use grant applies to the geographic areas identified in the applicable Presidential Major Disaster Declarations as administered by the Federal Emergency Management Agency (the "Declared Disaster Area") (see http://www.fema.gov/news/disasters.fema).
The temporary use rights will extend solely to the following:
Devices and servers located, used, or accessed in the Declared Disaster Area for the sole purpose of restoring and/or replacing systems that were damaged and/or destroyed by the events responsible for the Disaster Declaration;
Devices and servers outside of the Declared Disaster Area that are replacements for devices and servers that were located, used, or accessed in the Declared Disaster Area; and
Servers and other devices that may be located, used, or accessed inside or outside of the Declared Disaster Area, but which are used for one of the following purposes:
To communicate with, collect and/or process data from, or manage other devices which are located in the Declared Disaster Area.
To provide Public Assistance (for example, healthcare, housing, transportation, food provision, or other restoration of essential functions) to persons displaced from areas that are located in the Declared Disaster Area or persons or government entities located within the Declared Disaster Area.
Unless otherwise extended by Microsoft, the temporary use rights will terminate on March 1, 2009. On the date temporary use rights expire, customers must either order the additional licenses under an existing or new agreement, or remove such software from the devices or servers on which it is being used.
In order to benefit from the grant of temporary use rights, customers must use the products in accordance with the terms contained in their agreement with Microsoft or, in the case of certain Government customers, a Microsoft Reseller, including the applicable version of the Product Use Rights.
After the temporary use period has expired, customers may be asked to complete a self-audit questionnaire as specified in their volume licensing agreement.
It is the intent of Microsoft that the terms of this grant of temporary use rights are in compliance with all applicable federal, state, and local laws and regulations. If you are a government entity, any temporary use of software as provided for under this Authorization shall be for the use and benefit of your government agency for the purposes set out above, and is not provided for use by or personal benefit of any specific government employee.
