Microsoft Software Terms of Use Microsoft Software Terms of Use

1. Under the agreement between the Provider and Microsoft Corporation (“Microsoft”), Microsoft reserves the right to change the prices of individual products annually, effective from 1 January. The Provider reserves the right to reflect these changes in the pricing of its services. The Customer will be informed of such changes at least one month in advance.
2. If the Customer uses SAL-type licences (e.g. Exchange, Remote Desktop Services, SQL), they are obliged to report each new physical person using the service by sending the person’s name, the service name, and the server name to the Provider’s contact e-mail address. The number of used licences will then be adjusted in the next invoice. It is not permitted to rotate physical users of a SAL licence more frequently than once per month, and only at the beginning of a new month.
3. In the case of a SQL server licensed per user, the Customer must also report users who have indirect access to the SQL server – this is known as multiplexing.
4. If using SQL Server Web Edition, the Customer must inform the Provider of the type of database content. This edition is intended exclusively for public web applications. It is not permitted to run any CRM, ERP, or similar systems on this edition if any part of the data is not publicly accessible.
5. In the event of an audit of the Provider by Microsoft, the Customer will provide full cooperation and agrees to the disclosure of the required information to Microsoft to the extent necessary to comply with the software vendor’s conditions for proper operation. This is to ensure there is no violation of copyright or incorrect licensing of the product. Such information includes the Customer’s business name and registered office, server location, technical specifications of the service, and number of users (for user-licensed products).
6. The Customer shall maintain the Provider’s administrator access on the server unchanged. The Provider will inform the Customer in advance of any access to the server and the purpose of such access, where possible, or otherwise as soon as possible afterwards.
7. The Provider commits to confidentiality regarding information and data (individually and collectively referred to as the “Server Content”) which it becomes aware of during mutual cooperation with the Customer, or that it obtained or had access to through such cooperation, and which is not generally publicly available.
8. The Customer is also required to comply with the END USER LICENCE TERMS – Microsoft Software Terms of Use.

This section of the Agreement governs the use of Microsoft software, which may include associated software, media, printed materials, and online or electronic documentation (individually and collectively referred to as the “Products”) provided by the Provider. The Provider does not own the Products, and therefore their use is subject to certain rights and restrictions, which the Provider must inform the Customer about. The Customer’s right to use the Products arises from the Agreement and is conditional upon compliance with the following terms, which the Provider is not authorised to modify or supplement.

1. Definitions

“Client software” means software installed on a Device that enables the Device to access and use the Products.

“Device” means any computer, workstation, terminal, pocket PC, pager, telephone, personal digital assistant, smartphone, server, or other hardware on which software can be installed and that enables the Customer to interact with the Product.

“Customer” means a natural or legal person who uses the Software Services directly from the Provider or indirectly through a service reseller of the Provider.

“Redistributable software” means the software referred to in Section 4 (“Use of redistributable software”) below.

“Software services” means services provided by the Provider through which the Customer is given access to, functionality of, or use of the Products directly or indirectly. The Provider is obliged to deliver these services from data centres via the internet, telephone networks, or private networks, by rental, subscription, or service, regardless of whether the Provider’s services are charged or not. Software services exclude any services involving installation of the Products directly on the Customer’s Device to enable direct interaction with the Products.

2. Ownership of products

The Products are licensed to the Provider by Microsoft Corporation (“Microsoft”) and its suppliers. Microsoft Products are protected by copyright and other intellectual property laws. The Products and their components include all rights to images, photographs, animations, video, audio, music, text, and applets contained in the Products. The Customer is not authorised to remove, alter, or obscure any trademarks or intellectual property rights displayed in the Products. The Products are protected by copyright laws, international copyright treaties, and other intellectual property laws and treaties. The Customer’s use, possession, or access to the Products does not confer any ownership rights in the Products or any intellectual property rights therein.

3. Use of Client software

The Customer may use the Client Software installed on their Device only in accordance with the agreement with the Provider and these terms, and solely in connection with the services provided by the Provider. The provisions of this document shall permanently and irrevocably prevail over any terms contained in Microsoft End User Licence Agreements that may be presented in electronic form during the installation or use of the Client Software.

4. Use of Redistributable software

In connection with the Services provided to the Customer by the Provider, access may be granted to certain “sample code” and/or Redistributable Software and/or software tools (individually and collectively referred to as the “Redistributable Software”). The Customer is authorised to use, copy, and/or distribute any Redistributable Software only subject to compliance with the terms of their agreement with the Provider, this document, and applicable legislation.

5. Copying

The Customer is not permitted to make any copies of the Products. However, one copy of the Client Software may be created on the Customer’s Device, provided the Customer has been authorised to do so by the Provider. Selected Redistributable Software may also be copied in accordance with Section 4 (Use of redistributable software). If the Customer’s agreement with the Provider expires or is terminated, or if the Customer transfers the Device to another person or entity, the Customer must delete all such Client and/or Redistributable Software. Copying of any printed materials accompanying the Products is prohibited.

6. Restriction on reverse engineering, decompiling, and disassembly

The Customer shall not perform reverse engineering, decompiling, or disassembly of the Products that are part of the Provider’s Software Services, except in exceptional cases and only to the extent expressly permitted by applicable law.

7. Prohibition of renting

The Customer is prohibited from renting, leasing, lending, pledging, sublicensing, or otherwise directly or indirectly providing or distributing the Products to any third party (or enabling any third party to access and/or use the functionality of the Products), except for allowing access to the Products in the form of Software Services in accordance with the terms of this Agreement.

8. Termination

If the Customer breaches these End User Licence Terms, the Provider may terminate the Customer’s right to use the Products, irrespective of any other rights. In the event of termination or cancellation of the agreement between the Customer and the Provider, or between the Provider and Microsoft (under which the Provider obtains the Products), the Customer must cease using and/or accessing the Products and must delete all copies and components of the Products within 30 days of termination of the agreement with the Provider.

9. Warranties, liability, and indemnification

Any warranties or liability for potential direct or indirect damage arising from the use of the Software Services are provided by the Provider. Microsoft and its affiliates and partners do not provide such warranties or assume such liability, to the extent that such limitation of liability is permitted under the applicable legal framework.

10. Product support

All support for the Software Service is provided to the Customer by the Provider or by a third party on behalf of the Provider. Microsoft and its affiliates and partners do not provide such support.

11. Error-free operation

The Products may include technology that is not error-free and is not designed for uninterrupted operation. The Customer is not authorised to use the Products in any environment or application where failure of the Products could result in death, personal injury, or serious harm to persons, property, or the environment (“High Risk Use”).

12. Export restrictions

Under United States export control laws, the Products are of U.S. origin. The Provider is required to comply with all applicable international and national laws relating to the Products, including U.S. export restrictions and any end-user, end-use, and destination restrictions issued by the U.S. government or other relevant authorities. Further information is available at: https://www.microsoft.com/en-us/exporting

13. Liability for breach of contract terms

In addition to all obligations the Customer has towards the Provider, the Customer agrees to be held liable to Microsoft for any breach of the provisions and conditions set out herein.

14. Provision of information

The Customer is required to permit the Provider to provide any information requested by Microsoft under the conditions set out in the agreement between the Customer and the Provider. Microsoft shall be considered a third-party beneficiary to such agreement and shall have the right to access such information and to directly enforce its rights to verify compliance with the terms of this document.