ICUK Dedicated Server Terms and Conditions (Version
1.1)
Where the context admits: "We", "Us" & "Our" includes
ICUK Computing Services Limited of: 240a Pampisford Road , Croydon,
Surrey CR2 6DB United Kingdom or any party acting on ICUK's implicit
instructions. "You" & "Your" includes the person
purchasing the Services or any party acting on the customer's instructions. "The
Registrant" includes the person applying for a domain name or any
party acting on the Registrant's instructions. "The Registry" the
relevant domain names Registry.
Under this Agreement We provide Internet connectivity
services (the "Bandwidth"), the equipment (the "Server"),
the availability of space to store and operate such equipment (the "Space")
and the licensing of software (the "Software"), together comprising
the dedicated server package under this Agreement (together, the "Services").
The relationship entered into between You and Us is governed
by these following terms, which shall apply during, and where necessary
after, the period of the commercial relationship between You and Us.
1. Server Hardware
1.1. We will be the owner of the Server.
1.2. The Server shall be installed and operated in the
Space by Us. You will have no right of physical access to the Server
or the Space.
1.3. We shall have no liability for any loss or damage
to any data stored on the Server.
1.4. You acknowledge that, We cannot guarantee that the
Server will be free from defects. Nor can We guarantee that it will
operate uninterrupted or without failure. We shall use our reasonable
endeavours to make available to You at all times the Services but We
shall not, in any event, be liable for interruptions of service or down-time
of the Server and We shall be under no liability for non-receipt or
misrouting of email or for any other failure of email.
1.5. Should We become aware of a Server fault, We will
at our option repair the Server or provide an equivalent Server as a
replacement as soon as practicably possible.
1.6. Any replacement Server will be provided in the default
configuration as the Server was originally supplied. We do not warrant
that any data, content or settings present on the original Server will
be transferred to the replacement.
2. Network Connectivity & Bandwidth
2.1. We will provide a means for You to monitor the data
transfer usage of the Server. You accept that if the Server exceeds
its data transfer quota in any billing period, We will charge You for
the additional data transfer at our standard rate.
2.2. A Data Blocks will not be valid and will not increase
Your data transfer quota until it has been paid for in full. A Data
Blocks cannot be shared across multiple servers or months, or used to
pay for data transfer consumed prior to the Data Blocks being purchased
or paid for.
2.3. Any access to other networks through the Services
must comply with the rules appropriate for those other networks.
2.4. We may assign to the Server on a temporary basis
a number of Internet Protocol Addresses ("IP Addresses") from
the address space assigned to Us by the RIPE. You acknowledge that the
IP Addresses are the sole property of ICUK, and are assigned to You
as part of the Services, and agree that You will have no right to IP
Addresses upon termination of this Agreement. We reserve the right to
change the IP Address assignments at any time.
2.5. We make no representation and give no warranty as
to the accuracy or quality of information received by any person via
the Services.
3. Software
3.1. We grant You a non-transferable, nonexclusive license
to use the Software, in object code form only, for You internal needs,
solely on the Hardware provided, and in conjunction with the Services.
3.2. You agree that You will not:
3.2.1. Copy the Software.
3.2.2. Reverse engineer, decompile, disassemble or otherwise
attempt to derive source code from the Software.
3.2.3. Sell, lease, license, transfer or sublicense the
Software or the documentation.
3.2.4. Write or develop any derivative or other software
programs, based, in whole or in part, upon the Software.
3.3. This Agreement transfers to You neither title nor
any intellectual property rights to the Software, documentation, or
any copyrights, patents or trademarks, embodied or used in connection
therewith, except for the limited license to use in Section 3.1.
3.4. Any third party software is supplied to the You on
the basis of the relevant third party's license terms with which You
agree to comply.
3.4.1. In the case of Microsoft software specifically,
You agree to the general terms of use in Schedule A and warrant that
Your use of the software will comply with the license provided as detailed
in Schedule B.
3.5. We will use Our reasonable endeavours to check the
Software for the most commonly known viruses prior to delivery to You.
However, You are solely responsible for virus scanning the Software
and We give no warranty that the Software will be free from viruses.
3.6. You acknowledge that software in general is not error-free,
and agree that the existence of such errors will not constitute a breach
of this Agreement.
4. Support & Management Services
4.1. We will install the Software detailed in the product
specification onto the Hardware in our standard configuration free of
additional charge.
4.2. We will endeavour to apply security patches or take
mitigating action such as blocking certain network traffic to maintain
the integrity of the Server when We are made aware of a security vulnerability
in Software installed as standard which We deem a threat considering
the intended use of the Services for web site hosting, however We do
not warrant that the Software will be free from defects or vulnerabilities
nor that the Server will be free from unauthorised users or hackers.
4.3. We are not obliged to install onto the Server any
additional software for You or modify the configuration of existing
software from its default. You acknowledge that should We agree to do
so, a charge may be made to cover employee time.
4.4. We provide technical support relating to the Server
and Software physically functioning. We do not offer technical support
for application specific issues such as CGI programming, HTML or any
other such issue.
4.5. We do not provide technical support for Your customers.
4.6. Our obligation to provide support and management
services will not extend to:
4.6.1. Software or systems not installed as standard by
Us.
4.6.2. Software or systems configured or modified by You
other than through the provided web based control panel.
4.6.3. Correction of faults arising from Your failure
to comply with instructions or recommendations provided by Us directly
or through documentation and manuals.
4.6.4. Rectification of lost or corrupted data.
4.7. We may at any time and from time to time improve,
correct or otherwise modify all or any of the Services (including substituting
Software and/or Server with software or equipment of similar specification)
provided that such modification does not materially affect provision
of the Services to the You. We will endeavour to give You reasonable
notice of any such modification, where this is reasonably practicable.
5. Data Backup
5.1. Unless You purchase a data backup product as an additional
cost option, We will make no backups of the data stored on the Server.
5.2. In the event that You purchase a data backup product
We will endeavour to make backups of the data stored on the Server and
make them available to You in accordance with the specification of the
data backup product. However We do not warrant that any data will be
backed up correctly, nor that any successful restoration of data will
be possible.
5.3. Regardless of whether You purchase a data backup
product, We shall have no liability for any loss or damage to any data
stored on the Server or backup mediums.
5.4. We recommend that You make a backup of all data on
the Server regardless of whether You have purchased a data backup product.
6. Domain Name Registration
6.1. We make no representation that the domain name You
wish to register is capable of being registered by or for You or that
it will be registered in You name. You should therefore not assume registration
of Your requested domain name(s) until You have been notified that it
has or they have been registered. Any action taken by You before such
notification is at Your risk.
6.2. The registration and use of You domain name is subject
to the terms and conditions of use applied by the relevant Registry;
You shall ensure that You are aware of those terms and conditions and
that You comply with them.
6.2.1. By registering a .uk domain name, You enter into
a contract of registration with Nominet UK on the terms and conditions
published at http://www.nominet.org.uk.
6.3. You shall have no right to bring any claim against
Us in respect of any refusal to register a domain name by the relevant
registration authority.
6.4. Any administration charge paid by You to Us shall
be non-refundable notwithstanding refusal by the Registry to register
You desired name.
6.5. We shall have no liability in respect of the use
by You of any domain name; any dispute between You and any other person
must be resolved between the parties concerned in such dispute. If any
such dispute arises, We shall be entitled, at our discretion and without
giving any reason, to withhold, suspend or cancel the domain name. We
shall also be entitled to make representations to the relevant Registry
but will not be obliged to take part in any such dispute.
6.6. We shall not release any domain to another provider
unless full payment for that domain has been received by Us.
7. Use Of The Services
7.1. You shall keep secure any identification, password
and other confidential information relating to Your account or the Services
and shall notify Us immediately of any known or suspected unauthorised
use of the Services or breach of security, including but not limited
to loss, theft or unauthorised disclosure of Your password or other
security information.
7.2. You shall observe the procedures which We may from
time to time prescribe and shall make no use of the Services which is
detrimental to Our other customers.
7.3. In the case of an individual User, You warrant that
You are at least 18 years of age and if the User is a company, You warrant
that the Services will not be used by anyone under the age of 18 years.
7.4. You are solely responsible for the content of any
postings, data or transmissions using the Services or any other use
of the Services by You or by any person or entity.
7.5. You represent, undertake and warrant to Us that neither
You or any person or entity will use the Services for illegal, disruptive
or objectionable purposes. In particular, You represent, warrant and
undertake to Us that.
7.5.1. You will not use the Services in any manner which
infringes any law or regulation or which infringes the rights of any
third party, nor will You authorise or permit any other person to do
so.
7.5.2. You will not upload, post, link to or transmit:
7.5.2.1. any material which is unlawful, threatening,
abusive, malicious, defamatory, obscene, blasphemous, profane or otherwise
objectionable in any way.
7.5.2.2. any material containing a virus or other hostile
computer program.
7.5.2.3. any material which constitutes, or encourages
the commission of, a criminal offence or which infringes any patent,
trade mark, design right, copyright or any other intellectual property
right or similar rights of any person which may subsist under the laws
of any jurisdiction.
7.5.3. All email sent using the Services, or which refers
to content hosted on the Services will be in accordance with applicable
legislation (including data protection and electronic communications
legislation).
7.5.4. You will not use the Services in any manner which
interferes with, or disrupts, other network users, services or equipment
including, without limitation, unsolicited advertising or chain letters,
inappropriate news group or forum posts, wrongly impersonating another
user and falsifying one's network identity.
7.5.5. You will not use the Services to make or attempt
to make unauthorised entry to any other machine accessible location,
via the network.
7.5.6. You will not use the Services to host an Internet
Relay Chat (IRC) server or bot that is part of or connected to another
IRC network or server.
7.6. If We have reasonable grounds to believe that You
are or have been utilising the Services for any such illegal, disruptive
or objectionable purpose, We may immediately, without prior notice to
You:
7.6.1. Suspend the Services.
7.6.2. Terminate this Agreement.
7.6.3. Amend, remove from the Server or prevent access
to the offending material or content.
7.7. You shall defend, indemnify and hold harmless Us
from and against all liabilities and costs (including reasonable solicitor's
fees and litigation expenses) from any and all claims by any entity
arising out of Your use of the Services, including those without consent.
8. Service Level Agreement
8.1. The Service Level Agreement, hereinafter referred
to as the SLA sets out our aims with regard to the level of service
provided.
8.2. Our failure to provide meet an aim set out in the
SLA will not constitute a breach of this contract.
8.3. For the purpose of the 'Network Uptime' aim, network
down-time is defined as 100% packet loss occurring in the transmission
of data from Your Server hosted in our data centre to the Internet backbone.
Events which do not constitute network down-time include but are not
limited to:
8.3.1. A problem in Your access provider's network or
that of their upstream providers which prevents You from accessing the
ICUK network.
8.3.2. A problem with Your Server's hardware or software
which renders it or an application or service on it inoperable.
8.3.3. The period during which network protocols such
as STP, OSPF and BGP are re-converging after an equipment or link failure.
8.4. In the event that You wish to make a claim for a
service credit in accordance with the SLA , You will notify Us including
full details of and the time at which the incident occurred within 7
days of the incident to which the claim relates occurring.
8.5. We reserve the right to determine whether any service
credit is due.
8.6. Should We determine that a service credit is due,
it will be provided in the form of additional days of service up to
a maximum of 30 days in any 30 day period. Only charges for the basic
Server rental will be waived as a result of a service credit under the
SLA . Charges for domain names, additional data transfer and optional
extras added to You Server will not be waived. Service credits will
not be provided in the form of cash or equivalent.
9. Resellers
9.1.1. Where You resell the whole or Part of the Services,
You will continue to be bound by these terms and conditions, You will
be responsible for ensuring that Your customers are bound by terms and
conditions that adequately reflect and give effect to these.
9.1.2. You shall not incur or purport to incur on Our
behalf any liability nor in any way pledge or purport to pledge Our
credit or to make any contract binding on Us.
9.1.3. No default by Your customers shall in any way affect,
modify or limit Your obligations under this Agreement.
10. Payment
10.1. All charges payable by You for the Services shall
be in accordance with the scale of charges and rates published from
time to time by Us on our web site, errors and omissions excepted and
shall be due and payable in advance of provision of the Services.
10.2. We reserve the right to change pricing at any time
although all pricing is guaranteed for the period of pre payment.
10.3. Payment is due each anniversary month, quarter or
year following the date the Services were established until closure
notice is given in accordance with 12.5. If You choose to pay by credit
or debit card You authorise ICUK to debit Your account renewal fees
from Your card.
10.4. All payments must be in UK Pounds Sterling.
10.5. If Your cheque is returned by the bank as unpaid
for any reason, You will be liable for a "returned cheque" charge
of £25.
10.6. Without prejudice to our other rights and remedies
under this Agreement, if any sum payable is not paid on or before the
due date, We shall be entitled but not obliged forthwith to suspend
the provision of Services to You.
11. Termination And Refunds
11.1. We shall be entitled to suspend the Services and/or
terminate this Agreement forthwith without notice to You If You:
11.1.1. fail to pay any sums due to Us as they fall due.
11.1.2. break any of these terms and conditions.
11.1.3. are a company and You go into liquidation or suffer
the appointment of an administrator or administrative receiver or enter
into a voluntary arrangement with You creditors.
11.2. No refunds will be made under any circumstances
for Services suspended in accordance with 12.1.
11.3. Without prejudice to Our other rights and remedies,
We may at Our sole discretion suspend the provision of the whole or
any part of the Services (temporarily or permanently) and will have
no liability to provide the Services on the occurrence of any of the
following events:
11.3.1. Notified or unscheduled upgrade or maintenance
of Our IT systems.
11.3.2. Issue by any competent authority of an order which
is binding on Us which affects the Services.
11.3.3. We deem at our sole discretion that the network
or system resources used by You in relation to the Services warrants
suspension to protect the services provided by Us to all or any of Our
other customers.
11.4. We reserve the right to suspend the Services and/or
terminate this Agreement at any time. In the event of this You will
be entitled to a pro rata refund based upon the remaining period of
prepayment.
11.5. You may cancel the Services at any time. To do so
You must request cancellation of the Services in writing including Your
server number and Your account username and password. We will cancel
the Services within 2 working days of receipt of Your request.
11.6. During the first 7 days of Services, You are entitled
to a refund of the basic Server rental fee should You decide to cancel
the Services. No full refunds or pro rata refunds will be made after
the first 7 days of service should You decide to cancel the Services.
11.6.1. Domain name registration fees, charges for additional
data transfer and charges for optional extras added to Your account
are not refundable under any circumstances.
11.6.2. You will not be entitled to a refund on this basis
if You have previously held an account with ICUK.
11.7. Where payment has been made by credit or debit card,
any refund will only be issued to the same credit or debit card.
11.8. On termination of this Agreement or suspension of
the Services We shall be entitled immediately to stop access to You
Server and to remove all data located on the Server.
12. Indemnity
12.1. You shall indemnify Us and keep Us indemnified and
hold Us harmless from and against any breach by You of these terms of
business and any claim brought against Us by a third party resulting
from the provision of Services by Us to You and Your use of the Services
(including use without Your consent) including without limitation, all
claims, actions, proceedings, losses, liabilities, damages, costs, expenses
(including reasonable legal costs and expenses), howsoever suffered
or incurred by Us in consequences of You breach or non-observance of
any of the terms of this Agreement.
13. Limitation Of Liability
13.1. All conditions, terms, representations and warranties
relating to the Services supplied under this Agreement, whether imposed
by statute or operation of law or otherwise, that are not expressly
stated in these terms and conditions including, without limitation,
the implied warranty of satisfactory quality and fitness for a particular
purpose are hereby excluded to the extent applicable under UK law, subject
always to sub clause 14.2.
13.2. Nothing in these terms and conditions shall exclude
our liability for death or personal injury resulting from our negligence.
13.3. Our total aggregate liability to You for any claim
in contract, tort, negligence or otherwise arising out of or in connection
with the provision of the Services shall be limited to the charges paid
by You in respect of the Services which are the subject of any such
claim.
13.4. In any event no claim shall be brought unless You
have notified Us of the claim within one month of it arising.
13.5. In no event shall We be liable to You for any loss
of business, contracts, profits or anticipated savings or for any other
indirect or consequential or economic loss whatsoever.
14. Force Majeure
14.1. We shall have no liability to You in respect of
anything which, apart from this provision, may constitute a breach of
this Agreement arising by reason of force majeure which means, circumstances
beyond our reasonable control including acts of God, acts of any governmental
or supra-national authority, war or national emergency, riots, civil
commotion, fire, unauthorised use or access to the IT systems, explosion,
flood, epidemic, strikes and other industrial disputes (in each case,
whether or not relating to Our workforce), restraints or delays affecting
shipping or carriers, inability or delay in obtaining supplies of adequate
or suitable materials and currency restrictions.
15. Notices
15.1. Any notice to be given by either party to the other
may be sent by either email, fax or recorded delivery to the address
of the other party as appearing in this Agreement or ancillary application
forms or such other address as such party may from time to time have
communicated to the other in writing, and if sent by email shall unless
the contrary is proved be deemed to be received on the day it was sent
or if sent by fax shall be deemed to be served on receipt of an error-free
transmission report, or if sent by recorded delivery shall be deemed
to be served two days following the date of posting.
16. Non-Waiver
16.1. Any forbearance or failure by Us to enforce a contractual
provision to which You are subject shall not affect our right to require
such performance at any subsequent time, nor shall the waiver or forbearance
by Us of any breach of any provisions of the agreement herein be taken
to be or held to be a waiver of the provision or provisions itself of
themselves.
17. Law
17.1. This Agreement shall be governed by and construed
in accordance with English law and You hereby submit to the exclusive
jurisdiction of the English courts.
18. Headings
18.1. Headings are included in this Agreement for convenience
only and shall not affect the construction or interpretation of this
Agreement.
19. Entire Agreement
19.1. These terms and conditions together with any documents
expressly referred to in them, contain the entire Agreement between
Us relating to the subject matter covered and supersede any previous
Agreements, arrangements, undertakings or proposals, written or oral:
between Us in relation to such matters. No oral explanation or oral
information given by any party shall alter the interpretation of these
terms and conditions. In agreeing to these terms and conditions, You
confirm that You have not relied on any representation other than those
expressly stated in these terms and conditions and You agree that You
shall have no remedy in respect of any misrepresentation which has not
been made expressly in this Agreement.
SCHEDULE A: Terms and Conditions Regarding Use
of Microsoft Software
This document concerns your use of Microsoft software,
which includes computer software provided to you by ICUK as described
below, and may include associated media, printed materials, and "online" or
electronic documentation (individually and collectively "SOFTWARE
PRODUCTS"). ICUK does not own the SOFTWARE PRODUCTS and the use
thereof is subject to certain rights and limitations of which ICUK needs
to inform you. Your right to use the SOFTWARE PRODUCTS is subject to
your agreement with ICUK, and to your understanding of, compliance with
and consent to the following terms and conditions, which ICUK does not
have authority to vary, alter or amend.
"Client Software" means software that allows
a Device to access or utilize the services or functionality provided
by the Server Software. "Device" means each of a computer,
workstation, terminal, handheld PC, pager, telephone, personal digital
assistant, "smart phone," or other electron device. "Server
Software" means software that provides services or functionality
on a computer acting as a server. "Redistribution Software" means
the software described in Paragraph 4 ("Use of Redistribution Software")
below.
A.1. Ownership of Software Products. The SOFTWARE PRODUCTS
are licensed to ICUK from an affiliate of the Microsoft Corporation
("Microsoft"). All title and intellectual property rights
in and to the SOFTWARE PRODUCTS (and the constituent elements thereof,
including but not limited to any images, photographs, animations, video,
audio, music, text and "applets" incorporated into the SOFTWARE
PRODUCTS) are owned by Microsoft or its suppliers. The SOFTWARE PRODUCTS
are protected by copyright laws and international copyright treaties,
as well as other intellectual property laws and treaties. Your possession,
access, or use of the SOFTWARE PRODUCTS does not transfer any ownership
of the SOFTWARE PRODUCTS or any intellectual property rights to you.
A.2. Use of CLIENT SOFTWARE. You may use the Client Software
installed on your Devices by ICUK only in accordance with the instructions,
and only in connection with the services, provided to you by ICUK.
A.3. USE OF REDISTRIBUTION SOFTWARE. In connection with
the services provided to you by ICUK, you may have access to certain "sample," "re-distributable" and/or
software development ("SDK") software code and tools (individually
and collectively "Redistribution Software"). YOU MAY NOT USE,
MODIFY, COPY, AND/OR DISTRIBUTE ANY REDISTRIBUTION SOFTWARE UNLESS YOU
EXPRESSLY AGREE TO AND COMPLY WITH CERTAIN ADDITIONAL TERMS CONTAINED
IN THE SERVICES PROVIDER USE RIGHTS ("SPUR") APPLICABLE TO
ICUK, WHICH TERMS MUST BE PROVIDED TO YOU BY ICUK. Microsoft does not
permit you to use any Redistribution Software unless you expressly agree
to and comply with such additional terms, as provided to you by ICUK.
A.5. Copies. You may not make any copies of the SOFTWARE
PRODUCTS; provided, however, that you may (a) make one (1) copy of Client
Software on your Device as expressly authorized by ICUK; and (b) you
may make copies of certain Redistribution Software in accordance with
Paragraph 4 (Use of Redistribution Software). You must erase or destroy
all such Client Software and/or Redistribution Software upon termination
or cancellation of your agreement with ICUK, upon notice from ICUK or
upon transfer of your Device to another person or entity, whichever
first occurs. You may not copy any printed materials accompanying the
SOFTWARE PRODUCTS.
A.6. Limitations on Reverse Engineering, De-compilation
and Disassembly. You may not reverse engineer, decompile, or disassemble
the SOFTWARE PRODUCTS, except and only to the extent that applicable
law, notwithstanding this limitation expressly permits such activity.
A.7. No Rental. You may not rent, lease, lend, pledge,
or directly or indirectly transfer or distribute the SOFTWARE PRODUCTS
to any third party, and you may not permit any third party to have access
to and/or use the functionality of the SOFTWARE PRODUCTS.
A.8. Termination. Without prejudice to any other rights,
ICUK may terminate your rights to use the SOFTWARE PRODUCTS if you fail
to comply with these terms and conditions. In the event of termination
or cancellation, you must stop using and/or accessing the SOFTWARE PRODUCTS,
and destroy all copies of the SOFTWARE PRODUCTS and all of its component
parts.
A.9. No Warranties, LIABILITIES OR REMEDIES BY MICROSOFT.
ANY WARRANTIES, LIABILITY FOR DAMAGES AND REMEDIES, IF ANY, ARE PROVIDED
SOLELY BY ICUK AND NOT BY MICROSOFT OR ITS AFFILIATES OR SUBSIDIARIES.
A.10. PRODUCT SUPPORT. Any product support for the SOFTWARE
PRODUCTS is provided to you by ICUK and is not provided by Microsoft
or its affiliates or subsidiaries.
A.11. NOT FAULT TOLERANT. THE SOFTWARE PRODUCTS MAY CONTAIN
TECHNOLOGY THAT IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED,
OR INTENDED FOR USE IN ENVIRONMENTS OR APPLICATIONS IN WHICH THE FAILURE
OF THE SOFTWARE PRODUCTS COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE
PHYSICAL, PROPERTY OR ENVIRONMENTAL DAMAGE.
A.12. EXPORT RESTRICTIONS. The SOFTWARE PRODUCTS are of
U.S. origin for purposes of U.S. export control laws. You agree to comply
with all applicable international and national laws that apply to the
SOFTWARE PRODUCTS, including the U.S. Export Administration Regulations,
as well as end-user, end-use and destination restrictions issued by
U.S. and other governments. For additional information, see http://www.microsoft.com/exporting/.
A.13. LIABILITY FOR BREACH. In addition to any liability
you may have to ICUK, you agree that you will also be legally responsible
directly to Microsoft for any breach of these terms and conditions.
SCHEDULE B: Microsoft Licenses Provided With ICUK Products
This document details the type of Microsoft license together
with key usage rights and restrictions of such license as is provided
with Our range of dedicated server products. These rights and restrictions
are not exhaustive and it is Your responsibility to ensure that Your
use of the Services complies with the Microsoft license provided. Should
You wish to use the Services in a manner which does not comply with
the Microsoft license provided as standard You must make arrangements
with Us to obtain the appropriate license type.
B.1. Windows Server 2003 Web Edition
Windows Server 2003 Web Edition Processor License. The
Server Software may be used solely for deployment of Web pages, Web
sites, Web applications, Web services, and POP3 mail serving. You may
install web server software (for example, Microsoft Internet Information
Services), non-enterprise database engine software licensed to support
not more than twenty-five (25) concurrent Users (for example, Microsoft
SQL Server Desktop Engine), or web availability management software
(for example, Microsoft Application Center). These applications may
access data from any one or more of the following applications deployed
on a separate Server: (i) database software (such as Microsoft SQL Server),
and or (ii) business application software (for example, enterprise email,
enterprise resource planning, and customer relationship management).
Any other usage of the Server Software is not permitted.
B.2. Windows Server 2003 Standard Edition
Windows Server 2003 Anonymous Processor License. You may
allow only the following Users to use or access the Server Software:
(i) Users who access the Server Software solely through the Internet
and are not authenticated or otherwise individually distinguished by
the Server Software or a Multiplexing Service (for example, by browsing
a public website anonymously). (ii) Users who access and use the Server
Software solely as a platform for server applications (excluding applications
that have direct or indirect interaction with Windows authentication
services (when user or application credentials are exchanged between
the Server Software and a User or Device), for example without limitation
Microsoft Exchange Server and Microsoft SharePoint Portal Server). A "Multiplexing
Service" is a software application or service accessing or using
the Server Software at the request of or on behalf of a User. No other
Users may use or access the Server Software with the limited exception
that you may permit up to five (5) other Users to use or access the
services of a Server running the Server Software.
B.3. SQL Server 2000 Standard Edition
SQL Server 2000 Standard Edition Processor License.
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