End User License Agreement OEM
END-USER LICENSE AGREEMENT FOR MICROSOFT SOFTWARE (NON-OPERATING SYSTEM)

IMPORTANT—READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and the manufacturer ("PC Manufacturer" or "Manufacturer") of the computer system  or computer system component ("HARDWARE") with which you acquired the Microsoft software product(s) identified above or on the Product Identification Card accompanying this EULA or on the Product Identification Label attached to the product package  ("SOFTWARE PRODUCT" or "SOFTWARE").  If the SOFTWARE PRODUCT is not accompanied by a new computer system or computer system component, you may not use or copy the SOFTWARE PRODUCT.  The SOFTWARE PRODUCT includes computer software, the associated media, any Microsoft hardware accompanying the computer software, any printed materials, and any "online" or electronic documentation.  By installing, copying or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA.  If you do not agree to the terms of this EULA, Manufacturer, Microsoft Corporation ("Microsoft"), and Microsoft Licensing Inc. ("MSLI") are unwilling to license the SOFTWARE PRODUCT to you.  In such event, you may not use or copy the SOFTWARE PRODUCT, and you should promptly contact Manufacturer for instructions on return of the product(s) for a refund.

SOFTWARE PRODUCT LICENSE

The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.  The SOFTWARE PRODUCT is licensed, not sold. The term "COMPUTER" as used herein shall mean the HARDWARE, if the HARDWARE is a computer system, or the computer system with which the HARDWARE operates, if the HARDWARE is a computer system component.

1	GRANT OF LICENSE.  This EULA grants you the following rights:

•	Software Installation and Use.  Except as otherwise expressly provided in Section 1 of this EULA, you may only install and use one copy of the SOFTWARE PRODUCT on the COMPUTER.

•	SQL Server, Workstation System Installation and Use.  If the SOFTWARE PRODUCT is SQL Server, Workstation System, the following applies to your installation and use of the SOFTWARE PRODUCT subject to the restrictions set forth in Section 2.  For each Processor Version (defined below) supplied, the SOFTWARE PRODUCT consists of "Server Software", "Client Software", and "Development Tool" components.  You may install and use one copy of one Processor Version of the Server Software component only on the COMPUTER.  You may install the Client Software and Development Tool components of the SOFTWARE PRODUCT, regardless of Processor Version, on any number of your computers, provided there is only one copy of each Processor Version of each such component in use at any time.

•	Network Services.  Except as may otherwise be provided below, if the SOFTWARE PRODUCT documentation indicates that the SOFTWARE PRODUCT includes functionality that enables the COMPUTER to share resources over a network with other computers or workstations, any number of computers or workstations may access or otherwise utilize the basic network services of SOFTWARE PRODUCT on the COMPUTER.  The basic network services are more fully described in the printed materials accompanying the SOFTWARE PRODUCT and  include file and print services and peer Web services.

•	Storage/Network Use.  You may also store or install a copy of the computer software portion of the SOFTWARE PRODUCT on the COMPUTER to allow your other computers to use the SOFTWARE PRODUCT over an internal network, and distribute the SOFTWARE PRODUCT to your other computers over an internal network.  However, you must acquire and dedicate a license for the SOFTWARE PRODUCT for each computer on which the SOFTWARE PRODUCT is used or to which it is distributed.  A license for the SOFTWARE PRODUCT may not be shared or used concurrently on different computers.

•	Back-up Copy.  If Manufacturer has not included a back-up copy of the SOFTWARE PRODUCT with the COMPUTER, you may make a single back-up copy of the computer software portion of the SOFTWARE PRODUCT.  You may use the back-up copy solely for archival purposes.  Back-up Utility.  If the SOFTWARE PRODUCT includes a Microsoft back-up utility you may use it to make the single back-up copy described.  After the single back-up copy is made, the backup utility will be permanently disabled.

1	DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

•	Speech Recognition.  If the SOFTWARE PRODUCT includes a speech recognition component, it should be understood by you that speech recognition is inherently a statistical process; that recognition errors are inherent in the process of speech recognition; that it is your responsibility to provide for handling such errors and to monitor the speech recognition process and correct any errors.  Neither Manufacturer or its suppliers shall be liable for any damages arising out of errors in the speech recognition process.

•	Application Sharing with NetMeeting Conferencing Software.  The SOFTWARE PRODUCT may contain technology that enables applications to be shared between two or more computers, even if an application is installed on only one of the computers.  You may use this technology with all Microsoft products only for multi-party conferences.  For non-Microsoft applications, you should consult the accompanying license agreement or contact the licensor to determine whether application sharing is permitted by the licensor.  You must comply with all applicable laws regarding the use of the SOFTWARE PRODUCT.

•	SQL Server, Workstation System.  If the SOFTWARE PRODUCT is SQL Server, Workstation System the following applies to your use of the SOFTWARE PRODUCT.  Open Data Services.  The Open Data Services component of the Server Software is licensed only for use with SQL Server and SQL Server extended stored procedures, and for developing and testing Open Data Services-based software applications.  Any other use of the Open Data Services component, such as for general operation of (i) stand-alone gateways or (ii) custom Open Data Services-based applications, requires a separate license even if they are run on the same computer as SQL Server.  Run-Time Software - You have a limited nonexclusive, royalty-free right to reproduce and distribute those DB-Library, Net-Library and ODBC files included in Microsoft SQL Server which are required for run-time execution of compiled applications ("Run-Time Files") in conjunction with and as a part of your application software product that is created using the Microsoft SQL Server Server Software ("Application"), provided that: (a) you comply with the  export restrictions in Section 6; (b) you do not use Microsoft's or MSLI's name, logo, or trademarks to market your Application; (c) you include a valid copyright notice in your Application; (d) if your Application contains ODBC files, (i) your Application must operate in conjunction with Microsoft SQL Server, and (ii) you agree to  distribute all ODBC components specified in the README file in conjunction with your Application; (e) you do not charge separately for the Run-Time Files; (f) you do not modify the Run-Time Files; and (g) you agree to indemnify, hold harmless, and defend Microsoft, MSLI, Manufacturer, and their suppliers from and against any claims or lawsuits, including attorneys' fees, that arise or result from the use or distribution of your Application.  You shall display any patent or proprietary notices on each copy of your Application(s) that contains Run-Time Files, if an as required in the documentation or other materials provided with the SOFTWARE PRODUCT, or subsequently provided to you by Microsoft, MSLI, or Manufacturer.

•	Note On JAVA Support.  The SOFTWARE PRODUCT may contain support for programs written in JAVA.  JAVA technology is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of JAVA technology could lead directly to death, personal injury, or severe physical or environmental damage.

•	Multiple Processor Version Selection.  The CD or diskette(s) on which the SOFTWARE PRODUCT resides may contain several copies of the SOFTWARE PRODUCT, each of which is compatible with a different microprocessor architecture, such as the x86 architecture or various RISC architectures ("Processor Version(s)"). You may install and use only one copy of one Processor Version of the SOFTWARE PRODUCT on the COMPUTER.

•	Language Version Selection.  Manufacturer may have elected to provide you with a selection of language versions for one or more of the Microsoft software products licensed under this EULA.  If the SOFTWARE PRODUCT is included in more than one language version, you are licensed to use only one of the language versions provided.  As part of the setup process for the SOFTWARE PRODUCT you will be given a one-time option to select a language version.  Upon selection, the language version selected by you will be set up on the COMPUTER, and the language version(s) not selected by you will be automatically and permanently deleted from the hard disk of the COMPUTER.

•	Limitations on Reverse Engineering, Decompilation and Disassembly.  You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

•	Separation of Components.  The SOFTWARE PRODUCT is licensed as a single product.  Its component parts may not be separated for use on more than one computer.

•	Single COMPUTER.  The SOFTWARE PRODUCT is licensed with the HARDWARE as a single integrated product.  The SOFTWARE PRODUCT may only be used with the HARDWARE  as set forth in this EULA.

•	Single EULA.  The package for the SOFTWARE PRODUCT may contain multiple versions of this EULA, such as multiple translations and/or multiple media versions (e.g., in the user documentation and in the software).  In this case, you are only licensed to use one (1) copy of the SOFTWARE PRODUCT. The terms of a printed, paper EULA which may accompany the SOFTWARE PRODUCT supersede the terms of any on-screen EULA found within the SOFTWARE PRODUCT.

•	Rental.  You may not rent, lease, or lend the SOFTWARE PRODUCT.

•	Software Transfer.  You may permanently transfer all of your rights under this EULA only as part of a sale or transfer of the HARDWARE, provided you retain no copies, you transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this EULA and, if applicable, the Certificate(s) of Authenticity), and the recipient agrees to the terms of this EULA.  If the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior versions of the SOFTWARE PRODUCT.

•	Termination.  Without prejudice to any other rights, Microsoft, MSLI, or Manufacturer may terminate your right to use the SOFTWARE PRODUCT under this EULA if you fail to comply with the terms and conditions of this EULA.  In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.

1	UPGRADES.  If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly licensed to use a product identified by Microsoft, MSLI, or Manufacturer as being eligible for the upgrade in order to use the SOFTWARE PRODUCT ("Eligible Product"). For the purpose of upgrade products only, "HARDWARE" shall mean the computer system or computer system component with which you received the Eligible Product.  A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements the Eligible Product which came with the HARDWARE.  You may use the resulting upgraded product only in accordance with the terms of this EULA and only with the HARDWARE.

2	COPYRIGHT.  All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text and "applets," incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT, are owned by Microsoft, MSLI, or their suppliers. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.  All rights not specifically granted under this EULA are reserved by Microsoft.

3	SOFTWARE MEDIA.  You may receive the SOFTWARE PRODUCT in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for the COMPUTER.  You may not use or install the other medium on another computer.  You may not loan, rent, lease, or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the SOFTWARE PRODUCT.

4	EXPORT RESTRICTIONS.  You agree that neither you nor your customers intend to or will, directly or indirectly, export or transmit (i) the SOFTWARE PRODUCT or related documentation and technical data, or (ii) your Application, as described above in Section 2, developed with SQL Server Server software, or process, or service that is the direct product of the SOFTWARE PRODUCT to any country to which such export or transmission is restricted by any applicable U.S. regulation or statute, without the prior written consent, if required, of the Bureau of Export Administration of the U.S. Department of Commerce, or such other governmental entity as may have jurisdiction over such export or transmission.

If SOFTWARE PRODUCT is labeled "North America Only Version" above, on the Product Identification Card, or on the SOFTWARE PRODUCT packaging or other written materials, then the following applies:  The SOFTWARE PRODUCT is intended for distribution only in the United States and Canada.  Export of  the SOFTWARE PRODUCT from the United States is regulated under "EI controls" of the Export Administration Regulations (EAR, 15 CFR 730-744) of the U.S. Commerce Department, Bureau of Export Administration (BXA).  A license is required to export the SOFTWARE PRODUCT outside the United States or Canada.  You agree that you will not directly or indirectly, export or re-export the SOFTWARE PRODUCT (or portions thereof) to any country, other than Canada, or to any person, entity or end user subject to U.S. export restrictions without first obtaining a Commerce Department export license.  You warrant and represent that neither the BXA nor any other U.S. federal agency has suspended, revoked or denied your export privileges.

5	PRODUCT SUPPORT.  Product support for the SOFTWARE PRODUCT is not provided by Microsoft or its subsidiaries.  For product support, please refer to Manufacturer's support number provided in the documentation for the HARDWARE.  Should you have any questions concerning this EULA, or if you desire to contact Manufacturer for any other reason, please refer to the address provided in the documentation for the HARDWARE.

FOR THE LIMITED WARRANTIES AND SPECIAL PROVISIONS PERTAINING TO YOUR PARTICULAR JURISDICTION, PLEASE REFER TO THE WARRANTIES INCLUDED BELOW OR PROVIDED WITH THE SOFTWARE PRODUCT PRINTED MATERIALS.


Questions and Answers about the End User License Agreement

Click  [image]  to print these topics.

How is computer software protected by law?

What is the significance of the end user license agreement (EULA) for Microsoft products?

What does the EULA say?

What if my product doesn't have a EULA?

My Microsoft product came with a Certificate of Authenticity. Is that my EULA?

What is the minimum amount of documentation I should keep to prove my software products are legally licensed?

Can I sell my end user license agreement for my software to someone else?

What is a Microsoft License Pak?

What kind of licenses come with Microsoft server products?

In what ways can I use the software over a network?

Can I make a second copy for my home or portable computer?

When I upgrade a Microsoft product, do my license rights for that product change?

Can I sell or give away old versions of my products when I acquire an upgrade?

What if I don't upgrade my product but purchase a completely new version? Do I still have to keep my old version of that product?

What is software piracy? Why should I be concerned about it?

Are there different types of software piracy? Is one type of piracy less damaging than any other?

How can I make certain I have legitimate Microsoft products if they came preinstalled on my computer's hard disk?

How can I identify illegal Microsoft software?

What should I do if I suspect I have unknowingly purchased illegal Microsoft software product(s)?


How is computer software protected by law?

Computer software is protected by copyright law and international copyright treaties as well as other intellectual property laws and treaties. Copyright law and other intellectual property laws in many countries protect the rights of a software owner by granting to the owner a number of exclusive rights, including the right to reproduce or "copy" the software. Copying software without the permission of the owner is "copyright infringement," and the law imposes penalties on infringers.

You make a "copy" of a software program whenever you:  (1) load the software into your computer's temporary memory by running the program from a floppy disk, hard disk, CD-ROM, or other storage media; (2) copy the software onto other media such as a floppy disk or your computer's hard disk; or (3) run the program on your computer from a network server on which the software is resident or stored.

Almost all commercial computer software is licensed directly or indirectly from the copyright owner—the software publisher—for use by the customer through a type of contract called an "end user license agreement" (also known as a EULA). Different products may have different types of EULAs.


What is the significance of the EULA for Microsoft products?
What is the significance of the end user license agreement (EULA) for Microsoft products?

Your use of Microsoft® products is governed by the terms of the EULA, as well as by copyright law. The EULA is the contract regarding your use of the licensed product, and it grants you a specific right to use the Microsoft software on your computer.


What if my product doesn't have a EULA?
What if my product doesn't have an end user license agreement (EULA)?

The EULA is an important part of your software product and should always accompany legally licensed Microsoft® software. If you work for a company that has delegated software purchasing and management to a systems administrator, the systems administration department should be able to supply you with proof that your software is legally licensed. If you purchased your software from a store, through a mail-order catalogue, or even from an individual, and a EULA did not accompany the product, you may have purchased illegal software. Illegal software, commonly called "pirated" software, may expose you and/or your business to legal liabilities. If you suspect you may have pirated software, or have concerns about the legal ramifications of using such software, see the questions in this Help document concerning software piracy.


Is the Certificate of Authenticity the EULA?
My Microsoft product came with a Certificate of Authenticity. Is that my end user license agreement (EULA)?

No. The Certificate of Authenticity is a security device that accompanies all Microsoft products distributed with a computer by an OEM (Original Equipment Manufacturer). The Certificate is used to assure the end user that the software program(s) accompanying the computer system is legally licensed Microsoft software. For instance, if you purchased a computer system from a computer store and it came with MS-DOS® and Windows® operating system software preinstalled on its hard drive, two separate Certificates of Authenticity should also be included inside the computer box. The Certificate of Authenticity contains anti-counterfeiting devices such as the hologram to prevent the production of counterfeit Microsoft products. If you suspect you may have pirated software, or have concerns about the legal ramifications of using such software, see the questions in this Help document concerning software piracy.


What is the minimum amount of documentation I should keep to prove my software products are legally licensed?

All legally licensed Microsoft products should contain an end user license agreement (EULA) which is your primary proof of legally acquired product. However, we also recommend keeping the original user's manual (or at least the manual cover and the first page), the product disks, the Certificate of Authenticity and your purchase receipt.


What does the EULA say?
What does the end user license agreement (EULA) say?

Provided you accept its terms, the EULA gives you permission to use the software, and grants you some additional rights. The EULA also imposes certain restrictions on your use of the software. The EULA includes the "Grant of License" section, which describes how you may use the software. Also included in the EULA are restrictions against reverse engineering, leasing, or renting the software, and other restrictions that apply to the particular software. In addition, the EULA describes the terms under which you may make a backup or archival copy of the software and details the limited warranty provided for the product.


Can I sell my EULA for my software to someone else?
Can I sell my end user license agreement (EULA) for my software to someone else?

Yes, as long as you have a legitimate license to use the software and follow the terms of transfer outlined in your EULA. You may not rent or lease Microsoft® software, but you may transfer all of your rights under the EULA on a permanent basis.

If your Microsoft product was acquired with a computer system, you may transfer all of your rights under the EULA as part of a sale or transfer of that computer system, provided you also transfer all copies of the software and all written materials, including the EULA itself and, where applicable, the Certificate of Authenticity.

If your Microsoft product was acquired separate from a computer system, you may transfer all of your rights under the Microsoft EULA, provided you also transfer all copies of the software and all written materials, including the EULA itself and, where applicable, the Certificate of Authenticity. Prior to transferring your rights, you must remove all copies of the software product from your computer.

For any valid transfer, the software recipient must agree to the terms of the EULA.

Note   Any transfer must also include your most recent product update, as well as any prior versions of the Microsoft product because the original full product and the upgrade product together are considered a single software unit.

If you want to sell or transfer software which was bought and licensed under a Microsoft License Pak, you must sell or transfer all the product copies to a single new owner. Microsoft License Paks cannot be broken up, even on resale.


What is a Microsoft License Pak?

A Microsoft® License Pak or MLP is a license agreement product that authorizes the making and use of one (or more, if indicated on the MLP) additional copies of a specified, previously licensed, Microsoft product. This product does not contain any disks. For example, if you work in a small company with two computers, and need to use Microsoft Word on both computer systems, you could purchase a single copy of Microsoft Word and a single copy MLP for Word. This would allow you to legally install Word on the first computer, as outlined in the Word end user license agreement as well as on the second computer, as permitted by the MLP license agreement.


What kind of licenses come with Microsoft server products?

Microsoft® server products include Windows NT™ Server, Microsoft SQL Server, Microsoft Exchange Server, Internet Information Server, SNA Server and Systems Management Server. There are two licenses that describe your right to use Microsoft Server Products: the Server License and the Client Access License.

The Server License grants you: the right to install the Server Software on a computer acting as a network server; the right to install the Client Software included with the Server product on workstations connected to the Server; and limited rights to network administration. To actually access or utilize the services of the Server Software from a client workstation, however, you must acquire a separate Client Access License. In other words, the Server License lets you set up the network, and the Client Access License lets you use it. It is important to distinguish between the Client Access License, which you need for accessing Microsoft Server Products, and end user license agreements (EULAs) for Microsoft desktop operating system products such as Windows®, Windows NT Workstation, and MS-DOS®. The EULAs accompanying these desktop operating system products allow you to use these products fully on a single computer, but you must acquire a separate Client Access License to utilize the services of Microsoft Server Software.


In what ways can I use the software over a network?

The end user license agreement (EULA) permits you to store a copy of the software on a storage device used as a network file server, for the purpose of installing the software on computers connected to that storage device via your internal network. In addition, you may install the software on a storage device used as a network applications server, so that computers connected to that storage device via your internal network can run the software from that source. You must acquire and dedicate a license for each separate computer on which the software is installed or run from the storage device. By dedicating a license to a particular computer, you are assigning the license exclusively to that computer for an indefinite period of time. A license to use a particular copy of the software may not be shared or used concurrently on different computers.


When I upgrade, do my license rights change?
When I upgrade a Microsoft product, do my license rights for that product change?

Yes, the end user license agreement (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.


Can I sell or give away old versions when I upgrade?
Can I sell or give away old versions of my products when I acquire an upgrade?

No. Since the original full product and the upgrade product together are considered a single software unit, you must retain the old product as part of that unit.


What if I purchase a completely new version?
What if I don't upgrade my product but purchase a completely new version? Do I still have to keep my old version of that product?

No. However, as you acquire upgrades for the new product, you must retain both that product and the upgrade versions, which together serve as a single product.


What is software piracy?
What is software piracy? Why should I be concerned about it?

Software piracy is the unauthorized copying, reproduction, use, or manufacture of software product(s) protected by U.S. and international copyright law. On average, for every authorized copy of computer software in use, at least one unauthorized or "pirated" copy is made. In some countries, up to 99 unauthorized copies are made for every authorized copy in use. Software piracy harms all software companies and ultimately you, the end user. Piracy results in higher prices for duly licensed users, reduced levels of support, and delays in the funding and development of new products, causing the overall selection and quality of software to suffer.

Piracy harms all software publishers, regardless of their size. Software publishers spend years developing software for the public to use. A portion of every dollar spent in purchasing original software is funneled back into research and development so that better, more advanced software products can be produced. When you purchase pirated software, your money goes directly into the pockets of software pirates instead.

Software piracy also harms the local and national economies. Fewer legitimate software sales result in lost tax revenue and decreased employment. Software piracy greatly hinders the development of local software communities. If software publishers cannot sell their products in the legitimate market, they have no incentive to continue developing programs. Many software publishers simply won't enter markets where the piracy rates are too high, because they will not be able to recover their development costs.


Are there different types of software piracy?
Are there different types of software piracy? Is one type of piracy less damaging than any other?

There are five basic forms of software piracy, and all are damaging both to the software publisher and to you, the end user. The five basic types of piracy are:

•	Softlifting or End User Copying:  This form of piracy occurs when extra copies of a program are made within an organization for employees to use. "Disk swapping" among friends and associates outside of a business environment is also included in this category.

•	Hard-Disk Loading:  Some computer dealers load unauthorized copies of software onto the hard disks of the computers they offer for sale, as an incentive for an end user to purchase a computer from that particular dealer.

•	Counterfeiting:  This is the illegal duplication and sale of copyrighted software, often in a form designed to make the product appear legitimate. Software counterfeiting can be very sophisticated, including significant efforts to replicate packaging, logos, and anti-counterfeiting techniques such as holograms. It can also be unsophisticated, consisting of inferior or hand-written labels, with disks folded into a plastic bag and sold on street corners. In any form, software counterfeiting is very damaging to both the software developer and legitimate end users.

•	Bulletin Board (BBS) Piracy:  This form of piracy occurs when copyrighted software is downloaded by users connected via a modem to a public or semi-private electronic bulletin board. This should not be confused with sharing public-domain software or providing "shareware." Shareware is software that may or may not be copyrighted but is generally offered for little or no charge by the author for nearly unrestricted use, including copying or sharing with others. Microsoft does not publish any shareware software that is intended for distribution or use over a bulletin board. Microsoft may, however, distribute updates or enhancements over BBSs or online services which are for use solely with licensed Microsoft products. Any unauthorized Microsoft software available over a bulletin board should be considered illegal.

•	Software Rental:  This is where software is illegally "rented" to end users who, typically, permanently copy the "rented" software onto their computer's hard disk and then return the copy to the renter. There are three types of software rental piracy:  product rented from a retail outlet for use on the renter's home or office computer; product rented through mail order "clubs"; and products installed on computers which are in turn rented for temporary use. However, in some cases, Microsoft may authorize a company to rent or lease computers on which Microsoft products are installed.  In those cases, the company is required, as part of the rental or lease agreement, to have the renter agree to the terms of the end user license agreement for Microsoft software.


How can I make certain that legitimate Microsoft products came installed on my computer?
How can I make certain I have legitimate Microsoft® products if they came preinstalled on my computer's hard disk?

Microsoft licenses many personal computer system manufacturers to preinstall systems products directly onto the hard disks of their computers for sale. In some instances, computer manufacturers are also licensed to preinstall specific application products onto the hard disk. These products include system software such as Windows® 95 and server products such as Windows NT™ Server, as well as applications such as Microsoft Works.

For Microsoft products, the computer manufacturers must include inside the computer box an end user license agreement (EULA), a Microsoft registration card, and for systems products and most application products a Certificate of Authenticity. In most instances, computer manufactures will also include the product manual(s) and a set of product disks or a CD-ROM.


How can I identify illegal Microsoft software?

There are several warning signs to alert you to the fact that the software products installed on your hard disk at the time of purchase or available on the retail store shelf are illegal. For instance, Microsoft legally licenses MS-DOS®, Windows® 3.,1 and Windows 95, among other products, to computer manufacturers to include with their computers for sale. However, Microsoft's agreement with computer manufacturers prohibits them from selling and/or distributing Microsoft products by themselves, without an accompanying computer.

Generally Microsoft products sold on the retail shelf are manufactured only by Microsoft and should not bear the tradenames of any other company. Microsoft products sold on the retail shelf should never include a line on the front cover of the user's guide that states, "For Sale Only With A New PC", "For Distribution Only With A New PC", "For Distribution Only With A New PC", or "For distribution with new PC hardware only. Not to be sold as a standalone product."

Additional warning signs of illegal software products include:

•	No end user license agreement (EULA).

•	No product registration card.

•	No Certificate of Authenticity for most products  accompanying a new computer system.

•	No fulfillment mechanism (such as a mail-in card) for backup disks and/or manuals for software preinstalled on a new computer that does not come with packaged software inside the computer box.

•	No backup disks, manuals, registration card, EULA, and/or Certificate of Authenticity containing an anti-piracy hologram and Confirm label for preinstalled system software that includes a packaged product inside the computer box. Packaged products must contain all these elements.

•	The backup disks the computer dealer or store gives you contain hand-written labels, are not shrink-wrapped, and/or appear to be inferior in quality.

•	When you request manuals to accompany the software installed on your computer, the computer dealer or store does not supply any but suggests you purchase a book from an outside source on how to operate your software programs.

•	The manual(s) the computer dealer or store gives you are photocopied, are not shrink-wrapped, and/or are of poor printing quality.

•	The person who sold you your computer offers to install software for free—or a nominal fee—at the time you purchase your computer, without providing packages for the software.

•	Product upgrades available on the retail shelf do not contain the specified security features (including a hologram and a Confirm label for all retail Microsoft products).

•	The operating system product (including MS-DOS, Windows, Windows for Workgroups, Windows 95, and Windows NT software) that you acquired from the retail shelf without also purchasing a new computer contains a line on the front cover of the user's guide that says, "For Sale Only With A New PC" or "For distribution with new PC hardware. Not to be sold as a standalone product."


What should I do if I suspect I have unknowingly purchased illegal Microsoft software product(s)?

The first thing to do is to return the product to your place of purchase and ask for a legitimate replacement product or verification that the product you purchased is legal. If the vendor refuses to help you, ask for your money back, and find a legitimate dealer who will sell you legally licensed Microsoft products.

If the vendor refuses to give you a refund, report their actions to your local Consumer Affairs office. You should also call your local Microsoft subsidiary or a regional Business Software Alliance (BSA) anti-piracy hotline to report your concerns.

An expanded version of this Help document entitled "Microsoft Licensing Policies: Answers to Frequently Asked Questions" is available by request from any of the Microsoft legal departments listed below. Any consumers or resellers having questions about the legitimacy of Microsoft products should contact the Microsoft Anti-Piracy Hotline at 1-800-RU-LEGIT, accessible in the U.S. or Canada, or write to the nearest Microsoft legal department to tell us of your concerns:

In Asia:

Australia: Legal Department, Microsoft Pty. Limited, Microsoft Park, 65 Epping Road, North Ryde, NSW 2113 (Sydney), Australia.

Hong Kong: Legal Department, Microsoft Hong Kong, 11/F., Cityplaza 3 ,  14 Taikoo Wan Road, Taikoo Shing, Quarry Bay, Hong Kong.

Japan: Legal Department, Microsoft Company, Limited, Sasazuka NA Bldg., 50-1, Sasazuka 1-Chome, Shibuya-ku, Toyko 151, Japan.

Taiwan: Legal Department, Microsoft Taiwan Corporation, PO Box 27-16, No. 6, 10th floor, Min Chuan E. Road, Sec. 3, Taipei, Taiwan, R.O.C.

In Europe:

European Headquarters:  Legal Department, Microsoft European Headquarters, Tour Pacific, Cedex 77, 92977 Paris - La Defense, France.

France: Legal Department, Microsoft France S.a.r.l., 18 Avenue Du Quebec, Zone de Courtaboeuf, 91957 Les Ulis Cedex, France.

Germany: Legal Department, Microsoft G.m.b.H., Edisonstrasse 1, W-85713 Unterschleissheim, Munich, Germany.

United Kingdom: Legal Department, Microsoft Limited, Microsoft Place, Winnersh, Wokingham, Berkshire RG11 5TP, United Kingdom.

For all other regions, including the United States and Canada: Anti-Piracy Department, Microsoft, Bldg. 8, One Microsoft Way, Redmond, WA 98052, U.S.A.

For help regarding software piracy of Microsoft products and other software products, contact the Business Software Alliance at:

United States Headquarters:

2001 L Street, NW

Washington, D.C. 20036

U.S.A.

Anti-Piracy Hotline: 1-800-688-BSA1 (accessible in the United States and Canada)

Europe Headquarters:

1st Floor

Leaconfield House

Curzon Street

London W1Y 8AS

United Kingdom

Euro-Net Anti-Piracy Hotline: 44-711-491-1974


Can I make a second copy for my portable computer?

The end user license agreement (EULA) for many Microsoft application software products contains the following sentence: "The primary user of the computer on which the SOFTWARE PRODUCT is installed may make a second copy for his or her exclusive use on a portable computer." If your EULA contains this sentence, then, subject to the conditions mentioned, you may make a second copy of the software. Note that you must be the primary user of the computer on which the software is installed. The primary user is the individual using the computer most of the time it is in use. Only that individual is entitled to use the second copy. Further, the software must be installed on the local hard drive of your computer; you are not entitled to make and use a second copy on your portable computer if you run the primary copy of the software from a network server. Finally, only one secondary copy may be made; you may install this copy on more than one portable computer.