End User License Agreement
ShoreTel Mobility End User License Agreement
ShoreTel, 960 Stewart Dr., Sunnyvale, CA 94085 USA +1 (800) 425-9385
This Agreement covers the ShoreTel Mobility Solution and any other Software or Hardware (each as defined below) provided by, through or on behalf of ShoreTel, Inc.
READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE INSTALLING THE SHORETEL MOBILITY ROUTER OR USING THE SHORETEL MOBILITY SOLUTION. THE SOFTWARE AND THE DOCUMENTATION ARE COPYRIGHTED AND LICENSED (NOT SOLD). BY INSTALLING THE SHORETEL MOBILITY ROUTER OR USING THE SHORETEL MOBILITY SOLUTION AND CONFIGURING THE SOFTWARE, YOU ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT. THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE SHORETEL MOBILITY SOFTWARE, HARDWARE AND DOCUMENTATION BETWEEN YOU AND SHORETEL, INC., AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES. LICENSEE MAY NOT USE, COPY, MODIFY, DISCLOSE OR TRANSFER THE SOFTWARE OR DOCUMENTATION OR ANY HARDWARE, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT.
1.1 “Administrator’s Guide” means a guide for the administrator who maintains the server and maintains and configures the ShoreTel Mobility Solution.
1.2 “Documentation” means the ShoreTel Mobility Router Administrator’s Guide, the ShoreTel Mobility Router User’s Guide, the ShoreTel Mobility Router Quick Start Guide for the Hardware, published Release Notes for software releases, and on-line help files. No other publications, including without limitation the ShoreTel, Inc. website, press releases and product data sheets shall be considered Documentation.
1.3 “Hardware” means the ShoreTel Mobility Router delivered by or on behalf of Licensor to Licensee, or other ShoreTel Mobility hardware products that may be introduced from time to time.
1.4 “Licensee” means the end user of Hardware and Software, who is afforded all rights and bound by all terms under this Agreement.
1.5 “Licensor” means ShoreTel, Inc.
1.6 “Software” means the ShoreTel Mobility computer program, in object code format, including without limitation firmware, delivered hereunder, whether incorporated in the Hardware or delivered separately. The term “Software” shall also include any updates, upgrades or other new features, functionality or enhancements to the Software provided to Licensee. All references to the “purchase,” “sale” of or “selling” Software shall mean the granting of a license to use such Software.
1.7 “User’s Guide” means a guide for users of mobile devices.
Subject to the terms of this Agreement, Licensor hereby grants to Licensee a nonexclusive, limited, nontransferable, royalty-free license to install and use the Software and the Documentation for the licensed number of users. Licensee agrees to use best efforts to prevent and protect the contents of the Software and the Documentation from unauthorized disclosure or use. Licensor reserves all rights not expressly granted to Licensee in this Agreement.
Limitation on Use.
Licensee may not rent, lease, sell or otherwise transfer or distribute the Software, Hardware or the Documentation to others. Licensee may not rent, lease, lend or provide commercial hosting services with the Software. Licensee may not modify or translate the Software or the Documentation without the prior written consent of Licensor. Licensee may not reverse engineer, reverse assemble, reverse compile or otherwise attempt to create the source code from the Software. Licensee may not use Licensor’s name or other trademarks or refer to Licensor or Licensor’s products directly or indirectly in any papers, articles, advertisements, sales presentations, news releases or releases to any third party without the prior written approval of Licensor for each such use. Licensee may not release the results of any performance or functional evaluation of any Software to any third party without prior written approval of Licensor for each such release.
Product Support Services.
Licensor may provide Licensee with product support services or additional features related to the Software. Use of any such support services or features is governed by Licensor’s policies and programs as described in the on-line documentation on Licensor’s Support Webpage, or in the printed material associated with such services or features. Any Software or tools Licensor may provide to Licensee as part of the support services are governed by this Agreement, unless separate terms and conditions are provided by Licensor. Except as specifically provided, this Agreement does not obligate Licensor to provide any support or services for any Software or tool given as part of the support services.
Consent to Use of Data.
Licensee agrees that Licensor and its affiliates may collect and use technical information gathered as part of the product support services provided to Licensee related to the Software, if any. Licensor shall use this information to improve its products or to provide customized services or technologies to Licensee. Licensor shall not disclose this information in a form that personally identifies Licensee to the public.
The Software and the Documentation are copyrighted by Licensor. Licensee may not make any copy of the Software without Licensor’s permission. Licensee may copy or print any number of User’s Guides, in electronic or physical format, provided the copies are intended for users of the ShoreTel Mobility Solution. Licensee may make one copy of the Administrator’s Guide and print one copy of any on-line documentation or other materials related to the Administrator’s Guide. Any and all other copies of the Software and the Documentation made by Licensee are in violation of this license.
Licensee agrees that the Software and the Documentation belong to Licensor and/or its licensors. Licensee agrees that Licensee neither own nor hereby acquire any claim or right of ownership to the Software and the Documentation or to any related patents, copyrights, trademarks or other intellectual property. Licensor retains all right, title and interest in and to the Software, the Documentation and all copies of the Software and the Documentation at all times, regardless of the form or media in or on which the original or other copies may subsequently exist. This license is not a sale of the original or any subsequent copy.
Additional Updates and Services.
Unless otherwise specified in the terms accompanying the additional updates or services, this Agreement extends to all updates, supplements, and/or add-on components for the Software that Licensor may provide to Licensee or make available to Licensee after the date Licensee obtains the Software. Licensor reserves the right to discontinue any support services for any additional updates or services related to Software or Hardware.
Term and Termination.
This license is effective until terminated. Licensee may terminate this license at any time by returning the Hardware to Licensor. This license automatically terminates if Licensee fails to comply with its terms and conditions. Upon termination of the license, Licensee must stop using all services related to the Software, including without limitation associated client applications. Licensee agrees that, upon such termination, Licensee will destroy and permanently erase all copies of the Software, Documentation, and any other material Licensee has received from Licensor in connection with the Software.
DISCLAIMER OF WARRANTY.
LICENSOR AND ITS LICENSORS PROVIDE THE SOFTWARE, HARDWARE AND DOCUMENTATION “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Licensee bears all risk of quality and performance of the Software, Hardware and Documentation. Should the Software or the Hardware prove defective, Licensee and not Licensor assume the entire cost of any service and repair. This disclaimer of warranty constitutes an essential part of this agreement.
LIMITATION OF REMEDIES.
IN NO EVENT WILL LICENSOR OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT DAMAGES OR OTHER RELIEF ARISING OUT OF LICENSEE’S USE OR INABILITY TO USE THE SOFTWARE OR HARDWARE, OR the provision of or failure to provide support or other services, information, software, and related content through the software, INCLUDING, BY WAY OF ILLUSTRATION AND NOT LIMITATION, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, OR ANY SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LEGAL FEES, ARISING OUT OF SUCH USE OR INABILITY TO USE THE SOFTWARE OR HARDWARE, OR the provision of or failure to provide support or other services, information, software, and related content through the software, EVEN IF LICENSOR, ITS LICENSORS OR AN AUTHORIZED LICENSOR DEALER, DISTRIBUTOR OR SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
This license will be governed by the laws of the State of California, without reference to conflicts of laws principles. The parties hereby consent to personal jurisdiction and venue in the Federal or State courts serving Santa Clara County, California. The United Nations Convention on Contracts for the Sale of Goods does not apply to this license.
The Software and Hardware and the underlying information and technology of either the Software or the Hardware may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) North Korea or Iran or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By purchasing, downloading or using the Software and/or the Hardware, Licensee agrees to the foregoing and Licensee represents and warrants that Licensee is not located in, under the control of, or a national or resident of any such country or on any such list. Licensee agrees to comply with all export laws and other applicable laws.
Licensee may not assign or otherwise transfer in any way any of the rights and obligations arising out of this Agreement without the prior written consent of Licensor, which shall not be unreasonably withheld.
This Agreement, including any addendum or amendment to this Agreement accompanying the Software, constitutes the entire agreement between the parties with respect to the Software, Hardware and Documentation, and supersedes any and all prior and contemporaneous written or oral agreements, promises, representations, warranties, and understandings of the parties regarding the same subject matter.
If you purchase the ShoreTel Mobility Solution from AT&T, the following additional terms apply:
The ShoreTel Mobility Solution works with wireless service from AT&T and other compatible wireless carriers. Download or use of Software may be prohibited or otherwise restricted in many countries (“Restricted Countries”), which may include Bahrain, China, Costa Rica, Cuba, Egypt, El Salvador, Guatemala, India, Iran, Israel, Kenya, Kuwait, Libya, Mexico, Morocco, North Korea, Pakistan, Qatar, Saudi Arabia, Sudan, Syria, Turkey, UAE (Dubai), Uruguay, and Vietnam. This information is provided as-is, for reference purposes only, and Licensee is advised to obtain its own legal counsel as to applicable limitations on download and use ofSoftware. When the ShoreTel Mobility Solutions is used with AT&T wireline transport service, Licensee is specifically prohibited from downloading or using the Software in such Restricted Countries, as such list of Restricted Countries may be revised from time to time, but Licensee remains responsible for obtaining independent up to date information on such restrictions. “Licensee”, for purposes of these AT&T terms, is the person using the mobility device equipped with the ShoreTel Mobility Solution or the person or business entity accepting the terms of this License for the benefit of that user.
The “Secure Remote Voice” feature of the ShoreTel Mobility Solution is not available for purchase from AT&T. As a result, the ShoreTel Mobility Solution purchased from AT&T does not enable voice calling from off-campus Wi-Fi access locations (including, without limitation, home or public Wi-Fi hotspots). Use of the ShoreTel Mobility Solution, as provided by AT&T, by Licensee for voice calling from such off-campus Wi-Fi locations is prohibited. However, Licensee may separately obtain such service capabilities from ShoreTel. Some enterprise Wi-Fi networks (also referred to as “campus Wi-Fi networks”) may require Licensee to authenticate before being allowed access. Wi-Fi access may not be available everywhere within an enterprise location that has a campus Wi-Fi network. Cellular coverage is not available everywhere.
USE OF THE SOFTWARE MAY RESULT IN DIFFERENT TYPES OF CHARGES BEING INCURRED SIMULTANEOUSLY FOR THE DURATION OF THE CALL.
When the Software is used on a cellular network, a cellular data connection is established between the Hardware and the Licensee’s smartphone device for registration, signaling and other purposes, which may result in cellular data usage charges. Approximately 20 kilobytes of data are transmitted per hour over the cellular network until the application (or Licensee’s smartphone) is turned off. Additional cellular data usage charges may also be incurred when downloading the application and when using the Software to access corporate directories, presence status, and certain other solution features over the cellular network. When using the Software for voice calling over a cellular network, Licensee will also incur applicable cellular airtime charges for the duration of time the call is handled by the cellular network.
If Licensee is an AT&T wireless subscriber, applicable cellular airtime and data usage will be subject to cellular transport charges pursuant to Licensee’s or the responsible business entity’s AT&T wireless service agreement (including taxes, surcharges and fees). If Licensee subscribes to wireless service from another carrier, applicable airtime minutes and data usage may be subject to cellular transport charges pursuant to Licensee’s or the responsible business entity’s wireless service agreement with such carrier (including taxes, surcharges and fees). Licensee is responsible for determining any applicable cellular airtime, data or other charges, not AT&T. When using the Software, cellular calls will be rated for wireless billing purposes as if the call terminated at the wireline number assigned in the enterprise PBX located in the United States to Licensee’s mobile device, which may (a) reduce or eliminate the benefit of any mobile-to-mobile and list-based call rating that would otherwise be available under Licensee’s selected wireless service plan, or (b) reduce or eliminate cellular international long distance charges that would otherwise apply under Licensee’s selected wireless service plan. If Licensee originates or receives a cellular call while roaming in eligible countries outside of the United States, Licensee will incur applicable international roaming or similar cellular charges in accordance with Licensee’s selected wireless service plan.
When using the Software for a voice call that originates or terminates on the Licensee’s mobile device, the call will be routed and completed over the enterprise’s eligible AT&T wireline transport service based upon the established enterprise PBX call routing parameters. The call will be subject to wireline transport charges for the duration of the call pursuant to the enterprise’s agreement with AT&T for the relevant wireline transport (and, if applicable, SIP trunking) services, (including taxes, surcharges and fees), if any; the call will be rated as if the call originated from the enterprise PBX and terminated at the called number.
When Licensee activates the Software for voice calling over a campus Wi-Fi network, Licensee will not incur cellular voice or data charges as long as the call remains on such Wi-Fi network ; however, if the call is handled or completed over any other network, additional charges may be incurred. A call routed and completed over the eligible wireline transport service will incur applicable wireline usage charges and associated taxes and fees.
ShoreTel Mobility Solution can manually or automatically transition calls in process between a cellular network and the campus Wi-Fi network when the call remains on campus. Call transition is governed by several factors including signal strength, network preference, battery life and other factors. Calls that are transitioned from cellular to campus Wi-Fi will not incur cellular voice or data charges as long as the call remains on the campus Wi-Fi network. Calls that transition from campus Wi-Fi to cellular will begin incurring cellular voice and data usage at the time of transition and for the duration of time the call remains on the cellular network.
Important Information About 911 Calling Capability When Cellular Coverage is Not Available: When cellular signal strength is above a preset threshold, 911 calls will be handled over the cellular network. When cellular coverage is not available, voice over Wi-Fi calling capability (including 911 calls) will only be available if: (i) Licensee is connected directly to the enterprise LAN (not remotely via a VPN) over the enterprise Wi-Fi network; and (ii) Licensee is within the geographic area covered by the wireless LAN network; and (iii) 911 calling capabilities are implemented in the enterprise LAN to identify Licensee’s location and route calls to the appropriate Public Safety Answering Point. IF THESE THREE CONDITIONS ARE NOT MET, NO VOICE OVER WI-FI CALLING CAPABILITY (INCLUDING 911 CALLS) WILL BE AVAILABLE EXCEPT UNDER THE FOLLOWING LIMITED SITUATION. If a 911 call is placed when cellular coverage is not available and the Licensee is connected to a 911-enabled enterprise LAN and is within the geographic area covered by the wireless LAN network, then the Software may be used to dial 911.
Licensor expressly agrees that AT&T Corp. and its affiliates are third party beneficiaries of this ShoreTel Mobility End User License Agreement.
Microsoft Software License Terms
Microsoft Windows Server 2012 R2 For Embedded System Telecommunications (2 CPU)
These license terms are an agreement between you and ShoreTel. Please read them. They apply to the software included on this server. The software also includes any separate media on which you received the software.
The software on this device includes software licensed from Microsoft Corporation or its affiliate. The terms also apply to any Microsoft:
- Internet-based services, and
- support services
for this software, unless other terms accompany those items. If so, those terms apply. If you obtain updates or supplements directly from Microsoft, then Microsoft, and not ShoreTel, licenses those to you. Printed paper license terms, which may come with the software, take the place of any on-screen license terms.
By using the software, you accept these terms. If you do not accept them, do not use the software. Instead, contact ShoreTel to determine its return policy for a refund or credit.
As described below, using some features also operates as your consent to the transmission of certain standard computer information for Internet-based services.
If you comply with these license terms, you have the rights below for each software license you acquire.
a. Software. The software includes:
- server software; and
- additional software that may only be used with the server software.
b. License Model. The software is licensed based on:
- the number of instances of server software that you run;
- the number of devices and users that access instances of server software;
- the server software functionality accessed; and
- the number of processors in the physical hardware.
c. Licensing Terminology.
- Instance. You create an “instance” of software by executing the software’s setup or install procedure. You also create an instance of software by duplicating an existing instance. References to software in this agreement include “instances” of the software.
- Run an Instance. You “run an instance” of software by loading it into memory and executing one or more of its instructions. Once running, an instance is considered to be running (whether or not its instructions continue to execute) until it is removed from memory.
- Operating System Environment. An “operating system environment” is:
(i) all or part of an operating system instance, or all or part of a virtual (or otherwise emulated) operating system instance that enables separate machine identity (primary computer name or similar unique identifier) or separate administrative rights, and
(ii) instances of applications, if any, configured to run on the operating system instance or parts identified above.
There are two types of operating system environments: physical and virtual. A physical operating system environment is configured to run directly on a physical hardware system. The operating system instance used to run hardware virtualization software (e.g., Microsoft Virtual Server or similar technologies) or to provide hardware virtualization services (e.g., Windows Server Hyper-V technology or similar technologies) is considered part of the physical operating system environment. A virtual operating system environment is configured to run on a virtual (or otherwise emulated) hardware system.
A physical hardware system can have either or both of the following:
(i) one physical operating system environment, and
(ii) one or more virtual operating system environments.
- Server. A server is a physical hardware system or device capable of running server software. A hardware partition or blade is considered to be a separate physical hardware system.
- Assigning a License. To assign a license means simply to designate that license to one device or user.
2. USE RIGHTS.
a. Licensing a Server. ShoreTel has determined a certain number of server software licenses and assigned those licenses to the server with which the software was distributed. Before you run instances of the server software on the server, you must determine the number of software licenses required as described below. You must ensure that you received the appropriate number of licenses with the server. Certificate of Authenticity label(s) may be found affixed to the server and/or in ShoreTel’s software packaging.
b. Determining the Number of Licenses Required. This license covers up to two physical processors. In order to determine how many licenses you need for each server, you must count the number of physical processors on the server, divide that number by two, and round up to the nearest whole number.
c. Assignment of the Required Number of Licenses to the Server. The software license is permanently assigned to the server with which you acquired the software. That server is the licensed server for such license. A hardware partition or blade is considered to be a separate server. You may not assign the same license to more than one server.
d. Running Instances of the Server Software.
- You may run, at any one time:
(i) one instance of the server software in one physical operating system environment, and
(ii) up to two instances of the server software in virtual operating system environments (only one instance per virtual operating system environment).
- If you run all permitted instances at the same time, the instance of the server software running in the physical operating system environment may be used only to:
(i) run hardware virtualization software
(ii) provide hardware virtualization services
(iii) run software to manage and service operating system environments on the licensed server.
e. Server Repartitioning. You may reassign licenses when you:
- reallocate physical processors from one licensed hardware partition to another;
- create two or more partitions from one licensed hardware partition;
- create one partition from two or more licensed hardware partitions
as long as (i) prior to repartitioning, each hardware partition is fully licensed, and (ii) the total number of licenses and physical processors remains the same.
f. Running Instances of the Additional Software. You may run or otherwise use any number of instances of additional software listed on the website specified below in physical or virtual operating system environments on any number of devices. You may use additional software only with the server software. For a list of additional software, visit http://go.microsoft.com/fwlink/?LinkId=290987.
g. Creating and Storing Instances on Your Servers or Storage Media. For each software license you acquire, you may create and store any number of instances of the software on any of your servers or storage media. This may be done solely to exercise your right to run instances of the software under any of your licenses as described in the applicable use rights (e.g., you may not distribute instances to third parties).
h. Included Microsoft Programs. The software contains other Microsoft programs. These license terms apply to your use of those programs.
i. Processor Rights. You may use the server software with up to two processors of the server at any one time.
3. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
a. Specific Use. ShoreTel designed this server for a specific use. You may only use the software for that use.
You may not use the software to support additional software programs or functions, other than utilities or similar software used solely for administration, performance enhancement, and/or preventative maintenance of this server.
b. Software Use Limits. You are not licensed to use any of the following functions of the server software, except as described below:
- Active Directory and Authentication Service functions (i.e., directory and authentication services, including use of the server software as a domain controller or any other use of DCPromo.exe)
- IntelliMirror Services (i.e., the IntelliMirror management technologies of the server software)
- Network Infrastructure Services. These are functions of the server software necessary to support a server network infrastructure. You are licensed to use these functions only for:
- Dynamic Host Configuration Protocol services for IP address assignment for functionality provided by the server; and
- Domain Name System (DNS) service used for name resolution for functionality provided by the server, but only for a single domain name acting in primary mode (i.e., no secondary DNS for replication) and in standalone mode (i.e., not integrated with Active Directory domain controller). You may not use Routing and Remote Access Service or Windows Internet Name Service.
- Printing Services. These include print spoolers, drivers, and related files in the server software that enable operation of a printer. You are licensed to use these services only to generate and print reports concerning services provided by this server.
- Terminal Services (i.e., using the terminal services feature of the server software or using other software used with the server software to provide similar services). Authorized system administrators may access and use up to two connections solely for the purpose of administration (including remote administration) of the server software running on this server.
- Volume Shadow Copy Service (i.e., the feature in the Product, which enables point-in-time copying of files).
- Limits on Functions Supported by the Software. ShoreTel licenses you to use the server software to support only the base functions as provided and installed on this server. You are not licensed to use the server software to run or support
- directory services (such as Microsoft Active Directory),
- enterprise database software (such as Microsoft SQL Server), except non-enterprise engines used to support the specific use for which ShoreTel designed this server, such as Microsoft SQL Server Desktop Engine and Microsoft SQL Server 2005 Express Edition. The server software also may run or support enterprise database engines (including Microsoft SQL Server) that are integrated in and used only to support the server software as part of the specific use for which ShoreTel designed this server,
- enterprise resource planning software,
- messaging or enterprise mail (except POP3 mail and/or a platform enabling a voice messaging application),
- collaboration software (such as Microsoft Exchange),
- web-based time management applications that address appointment, meeting and other calendar items,
- Microsoft Exchange, and/or
- any office automation or personal computing function (such as word processing, spreadsheets, network browsing or personal finance), regardless of whether installed by ShoreTel, you or another person.
c. No CALs Required. Devices that access or use functions of server software licensed under these license terms do not require a client access license (CAL). Obtaining a CAL for any Microsoft product does not grant you rights to use functions of the server software not licensed under these license terms.
d. Font Components. While the software is running, you may use its fonts to display and print content. You may only:
- embed fonts in content as permitted by the embedding restrictions in the fonts; and
- temporarily download them to a printer or other output device to print content.
e. Icons, images, and sounds. While the software is running, you may use but not share its icons, images, sounds, and media. The sample images, sounds, and media provided with the software are for your non-commercial use only.
f. No Separation of Server Software. You may not separate the server software for use in more than one operating system environment under a single license, unless expressly permitted. This applies even if the operating system environments are on the same physical hardware system.
g. Additional Functionality. Microsoft may provide additional functionality for the software. Other license terms and fees may apply.
4. MANDATORY ACTIVATION. Activation associates the use of the software with a specific device. During activation, the software may send information about the software and the device to Microsoft. This information includes the version, language, and product key of the software, the Internet protocol address of the device, and information derived from the hardware configuration of the device. For more information, see www.microsoft.com/piracy/. By using the software, you consent to the transmission of this information. If properly licensed, you have the right to use the version of the software installed during the installation process by ShoreTel. ShoreTel should have activated the software for you. Unless the software is activated, you have no right to use the software. This is to prevent its unlicensed use. You are not permitted to bypass or circumvent activation. If the device is connected to the Internet, the software may automatically connect to Microsoft for activation. You can also activate the software manually by Internet or telephone. If you do so, Internet and telephone service charges may apply. Some changes to your computer components or the software may require you to reactivate the software. The software will remind you to activate it until you do.
a. If ShoreTel activated the software for you, you may not be asked to activate the software when you first use it. The software will from time to time validate the software, update or require download of the validation feature of the software. Validation verifies that the software has been activated and is properly licensed. Validation also permits you to use certain features of the software or to obtain additional benefits. For more information, see http://go.microsoft.com/fwlink/?linkid=39157.
b. During a validation check, the software will send information about the software and the device to Microsoft. This information includes the version and product key of the software, and the Internet protocol address of the device. Microsoft does not use the information to identify or contact you. By using the software, you consent to the transmission of this information. For more information about validation and what is sent during a validation check, see http://go.microsoft.com/fwlink/?linkid=69500.
c. If, after a validation check, the software is found not to be properly licensed, the functionality of the software may be affected. For example, you may:
- need to reactivate the software, or
- receive reminders to obtain a properly licensed copy of the software,
or you may not be able to:
- use or continue to use some of the features of the software, or
- obtain certain updates or upgrades from Microsoft.
d. You may only obtain updates or upgrades for the software from Microsoft or authorized sources. For more information on obtaining updates from authorized sources, see http://go.microsoft.com/fwlink/?linkid=69502.
6. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software. Microsoft may change or cancel them at any time.
Consent for Internet-Based Services. The software features described below and in the Windows Server Privacy Highlights connect to Microsoft or service provider computer systems over the Internet. In some cases, you will not receive a separate notice when they connect. You may switch off these features or not use them. For more information about these features, visit http://go.microsoft.com/fwlink/?LinkID=280262. By using these features, you consent to the transmission of this information. Microsoft does not use the information to identify or contact you.
- Computer Information. The following features use Internet protocols, which send to the appropriate systems computer information, such as your Internet protocol address, the type of operating system, browser, and the name and version of the software you are using, and the language code of the device on which you installed the software. Microsoft uses this information to make the Internet-based services available to you.
- Windows Update Feature. You may connect new hardware to the device on which you run the software. Your device may not have the drivers needed to communicate with that hardware. If so, the update feature of the software can obtain the correct driver from Microsoft and run it on your device. You can switch off this update feature.
- Web Content Features. Features in the software can retrieve related content from Microsoft and provide it to you. To provide the content, these features send to Microsoft the type of operating system, name, and version of the software you are using, type of browser and language code of the device where you run the software. Examples of these features are clip art, templates, online training, online assistance, and Appshelp. You may choose not to use these web content features.
- Digital Certificates. The software uses digital certificates. These digital certificates confirm the identity of Internet users sending X.509 standard encrypted information. They also can be used to digitally sign files and macros, to verify the integrity and origin of the file contents. The software retrieves certificates and updates certificate revocation lists using the Internet; these security features operate only when you are using the internet.
- Auto Root Update. The Auto Root Update feature updates the list of trusted certificate authorities. You can switch off the Auto Root Update feature.
- Windows Media Digital Rights Management. Content owners use Windows Media Digital Rights Management Technology (WMDRM) to protect their intellectual property, including copyrights. This software and third-party software use WMDRM to play and copy WMDRM-protected content. If the software fails to protect the content, content owners may ask Microsoft to revoke the software’s ability to use WMDRM to play or copy protected content. Revocation does not affect other content. When you download licenses for protected content, you agree that Microsoft may include a revocation list with the licenses. Content owners may require you to upgrade WMDRM to access their content. Microsoft software that includes WMDRM will ask for your consent prior to the upgrade. If you decline an upgrade, you will not be able to access content that requires the upgrade. You may switch off WMDRM features that access the Internet. When these features are off, you can still play content for which you have a valid license.
- Windows Media Player. When you use Windows Media Player, it checks with Microsoft for:
- compatible online music services in your region;
- new versions of the player; and
- codecs if your device does not have the correct ones for playing content.
You can switch off this last feature. For more information, visit www.microsoft.com/windows/windowsmedia/player/12/privacy.aspx.
- Network Awareness. This feature determines whether a system is connected to a network by either passive monitoring of network traffic or active DNS or HTTP queries. The query only transfers standard TCP/IP or DNS information for routing purposes. You can switch off the active query feature through a registry setting.
- Windows Time Service. This service synchronizes with time.windows.com once a week to provide your computer with the correct time. You can turn this feature off or choose your preferred time source within the Date and Time Control Panel applet. The connection uses standard NTP protocol.
- IPv6 Network Address Translation (NAT) Traversal service (Teredo). This feature helps existing home Internet gateway devices transition to IPv6. IPv6 is a next-generation Internet protocol. It helps enable end-to-end connectivity often needed by peer-to-peer applications. To do so, each time you start up the software, the Teredo client service will attempt to locate a public Teredo Internet service. It does so by sending a query over the Internet. This query only transfers standard Domain Name Service information to determine if your computer is connected to the Internet and can locate a public Teredo service. If you:
- use an application that needs IPv6 connectivity, or
- configure your firewall to always enable IPv6 connectivity
- by default, standard Internet Protocol information will be sent to the Teredo service at Microsoft at regular intervals. No other information is sent to Microsoft. You can change this default to use non-Microsoft servers. You can also switch off this feature using a command line utility named “netsh”.
- Windows Server 2012 R2 Active Directory Rights Management Services. The software contains a feature that allows you to create content that cannot be printed, copied, or sent to others without your permission. You must connect to Microsoft to use this feature for the first time. Once a year, you must re-connect to Microsoft to update it. For more information, visit www.microsoft.com/rms. You may choose not to use this feature.
- Accelerators. When you click on or move your mouse over an Accelerator in Internet Explorer, any of the following may be sent to the service provider:
- the title and full web address or URL of the current webpage,
- standard computer information, and
- any content you have selected.
If you use an Accelerator provided by Microsoft, the information sent is subject to the Microsoft Online Privacy Statement, which is available at http://go.microsoft.com/fwlink/?linkid=31493. If you use an Accelerator provided by a third party, use of the information sent will be subject to the third-party’s privacy practices.
7. DATA STORAGE TECHNOLOGY. The server software may include data storage technology called Windows Internal Database. Components of the server software use this technology to store data. You may not otherwise use or access this technology under this agreement.
8. MICROSOFT .NET BENCHMARK TESTING. The software includes one or more components of the .NET Framework (“.NET Components”). You may conduct internal benchmark testing of those components. You may disclose the results of any benchmark test of those components, provided that you comply with the conditions set forth at http://go.microsoft.com/fwlink/?LinkID=66406. Notwithstanding any other agreement you may have with Microsoft, if you disclose such benchmark test results, Microsoft shall have the right to disclose the results of benchmark tests it conducts of your products that compete with the applicable .NET Component, provided it complies with the same conditions set forth at http://go.microsoft.com/fwlink/?LinkID=66406.
9. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. ShoreTel and Microsoft reserve all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. For more information, see the software documentation or contact ShoreTel. You may not:
- work around any technical limitations in the software;
- reverse engineer, decompile, or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
- use the software’s files and components within another operating system or application running on another operating system;
- make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
- publish the software for others to copy;
- rent, lease, or lend the software; or
- use the software for commercial software hosting services.
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.
10. BACKUP COPY. You may make one backup copy of the software media. You may use it only to create instances of the software.
11. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
12. PROOF OF LICENSE. If you acquired the software on the server, a disc, or other media, your proof of license is the genuine Certificate of Authenticity label that comes with the server and your proof of purchase. To be valid, this label must be affixed to the server or appear on ShoreTel’s software packaging. Certificate of Authenticity labels for additional licenses will be affixed to packaging by ShoreTel. If you receive the label in any other manner, it is invalid. You should keep the label on the server or retain any labels on the packaging to prove that you are licensed to use the software. To identify genuine Microsoft software, see www.howtotell.com. Proof of purchase may be subject to verification by your merchant’s records.
13. TRANSFER TO A THIRD PARTY. You may transfer the software only with the licensed server, all Certificate of Authenticity label(s), any additional licenses included with the server, and this agreement, directly to a third party. Before any permitted transfer, the other party must agree that this agreement applies to the transfer and use of the software. You may not retain any instances of the software unless you also retain another license for the software.
14. Notice about the H.264/AVC VIDEO Standard and the VC-1 Video Standard. This software includes H.264/ AVC and VC-1 visual compression technology. MPEG LA, L.L.C. requires this notice:
THIS PRODUCT IS LICENSED UNDER THE H.264/AVC AND THE VC-1 VIDEO PATENT PORTFOLIO LICENSES FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE ABOVE STANDARDS (“VIDEO STANDARDS”) AND/OR (ii) DECODE H.264/AVC AND VC-1 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE SUCH VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE.
If you have questions about the Video Standards, further information may be obtained from MPEG LA, L.L.C; see www.mpegla.com.
15. EXPORT RESTRICTIONS. The software 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 software. These laws include restrictions on destinations, end users, and end use. For additional information, see www.microsoft.com/exporting.
16. SUPPORT SERVICES. Contact ShoreTel for support options. Refer to the support number provided with the software. For updates and supplements obtained directly from Microsoft, Microsoft provides support as described at www.support.microsoft.com/common/international.aspx.
17. RESTRICTED USE. The Microsoft software was not designed for systems that require fault-tolerant performance. You may not use the Microsoft software in any device or system in which a failure or fault of any kind of the software could reasonably be seen to lead to death or serious bodily injury of any person, or to severe physical or environmental damage.
18. ENTIRE AGREEMENT. This agreement (including the warranty below), and the terms for supplements, updates, and Internet-based services and support services that you use, are the entire agreement for the software and support services.
19. APPLICABLE LAW.
a. United States. If you acquired the software 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 software in any other country, the laws of that country apply.
20. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your state or country. You may also have rights with respect to the party from whom you acquired the software. 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.
21. NO WARRANTIES FOR THE SOFTWARE. The software is provided “as is”. You bear all risks of using it. Microsoft gives no express warranties, guarantees, or conditions. Any warranties you receive regarding the device or the software do not originate from, and are not binding on, Microsoft, or its affiliates. When allowed by your local laws, ShoreTel and Microsoft exclude implied warranties of merchantability, fitness for a particular purpose and non-infringement.
22. LIMITATION ON AND EXCLUSION OF DAMAGES. You can recover from Microsoft and its affiliates only direct damages up to two hundred fifty U.S. Dollars (U.S. $250.00), or equivalent in local currency. Except for any refund ShoreTel may provide, you cannot recover any damages, including consequential, lost profits, special, indirect, or incidental damages.
This limitation applies to:
- anything related to the 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:
- repair, replacement, or a refund for the software does not fully compensate you for any losses; or
- ShoreTel or Microsoft knew or should have known about the possibility of the damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. They also may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential, or other damages.
23. FOR AUSTRALIA ONLY. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Goods presented for repair may be replaced by refurbished goods of the same type rather than being replaced. Refurbished parts may be used to repair the goods.
For further information regarding this warranty and to claim expenses in relation to the warranty (if applicable), please contact ShoreTel; see the contact information provided in the system packaging.
24. APPROVED ADDITIONAL TEXT IF EMBEDDED SYSTEM IS AUTHORIZED TO BE LEASED UNDER THE OEM LICENSE AGREEMENT:
LEASED HARDWARE. If you lease the server from ShoreTel the following additional terms shall apply: (a) you may not transfer the software to another user as part of the transfer of the server, whether or not a permanent transfer of the software with the server is otherwise allowed in these license terms; (b) your rights to any software upgrades shall be determined by the lease you signed for the server; and (c) you may not use the software after your lease terminates, unless you purchase the server from ShoreTel.