MICROSOFT SOFTWARE LICENSE TERMS

MICROSOFT SQL SERVER 2008 R2 DEVELOPER

These license terms are an agreement between Microsoft Corporation (or based on where you live, one
of its affiliates) and you. Please read them. They apply to the software named above, which includes the
media on which you received it, if any. The terms also apply to any Microsoft
 updates,
 supplements,
 Internet-based services, and
 support services
for this software, unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO
NOT USE THE SOFTWARE. INSTEAD, RETURN IT TO THE RETAILER FOR A REFUND OR
CREDIT. If you cannot obtain a refund there, contact Microsoft or the Microsoft affiliate serving your
country for information about Microsoft’s refund policies. See www.microsoft.com/worldwide. In the
United States and Canada, call (800) MICROSOFT or see www.microsoft.com/info/nareturns.htm.
IMPORTANT NOTICE: AUTOMATIC UPDATES TO SQL SERVER 2008, SQL SERVER 2005 AND
SQL SERVER 2000. If this software is installed on servers or devices running any editions of SQL
Server 2008, SQL Server 2005, or SQL Server 2000 (or components of any of them) this software will
automatically update and replace certain files or features within those editions with files from this
software. This feature cannot be switched off. The updated files cannot be removed and the original
files may not be recoverable. By installing this software on a server or device that is running any edition
of SQL Server 2008, SQL Server 2005, or SQL Server 2000 you consent to these updates in all editions
and copies of SQL Server (including components of any of them) running on that server or device.
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IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW FOR EACH
LICENSE YOU ACQUIRE.
1. OVERVIEW.
a. Software. The software includes development tools, software programs and documentation.
b. License Model. The software is licensed on a per user basis.
2. INSTALLATION AND USE RIGHTS.
a. General. One user may install and use copies of the software to design, develop, test and
demonstrate your programs. You may not use the software in a production environment.
b. User Testing. Your end users may access the software to perform acceptance tests on your
programs.
c. Demonstration. Any person that has access to your internal network may install and use copies of
the software to demonstrate use of your programs with the software. Those copies may not be used
for any other purpose.
d. Included Microsoft Programs. These license terms apply to all Microsoft programs included
with the software. If the license terms with any of those programs give you other rights that do
not expressly conflict with these license terms, you also have those rights.
3. PRODUCT KEYS. The software requires a key to install or access it. You are responsible for the
use of keys assigned to you. You may not share the keys with third parties. You may not use keys
assigned to third parties.
4. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software. It
may change or cancel them at any time.
5. BENCHMARK TESTING. You must obtain Microsoft's prior written approval to disclose to a third
party the results of any benchmark test of the software. However, this does not apply to the
Microsoft .NET Framework (see below).
6. MICROSOFT .NET FRAMEWORK 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
www.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
www.go.microsoft.com/fwlink/?LinkID=66406.
7. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights
to use the software. Microsoft reserves 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 www.microsoft.com/licensing/userights. 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;
 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.
8. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall
the software.
9. DOCUMENTATION. Any person that has valid access to your computer or internal network may
copy and use the documentation for your internal, reference purposes.
10. NOT FOR RESALE SOFTWARE. You may not sell software marked as “NFR” or “Not for Resale.”
11. ACADEMIC EDITION SOFTWARE. You must be a “Qualified Educational User” to use software
marked as “Academic Edition” or “AE.” If you do not know whether you are a Qualified Educational
User, visit www.microsoft.com/education or contact the Microsoft affiliate serving your country.
12. PROOF OF LICENSE. If you acquired the software on a disc or other media, a genuine Microsoft
Proof of License label with a genuine copy of the software identifies licensed software. To be valid,
this label must appear on Microsoft packaging and may not be transferred separately. If you receive
the label separately, it is invalid. You should keep the packaging that has the label on it to prove that
you are licensed to use the software. To identify genuine Microsoft software, see
www.howtotell.com.
TRANSFER TO A THIRD PARTY. The first user of the software may transfer it and this
agreement directly to a third party. Before the transfer, that party must agree that this
agreement applies to the transfer and use of the software. The transfer must include the
software and the Proof of License label. The first user must uninstall the software before
transferring it separately from the device. The first user may not retain any copies.
13. 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.
14. SUPPORT SERVICES. Microsoft provides support services for the software as described at
www.support.microsoft.com/common/international.aspx.
15. ENTIRE AGREEMENT. This agreement (including the warranty below), and the terms for
supplements, updates, Internet-based services and support services that you use, are the entire
agreement for the software and support services.
16. 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.
17. 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.
18. LIMITATION ON AND EXCLUSION OF DAMAGES. YOU CAN RECOVER FROM MICROSOFT
AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE
SOFTWARE. YOU CANNOT RECOVER ANY OTHER 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
 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.
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LIMITED WARRANTY
LIMITED WARRANTY. If you follow the instructions, the software will perform substantially as
described in the Microsoft materials that you receive in or with the software.
TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES. THE
LIMITED WARRANTY COVERS THE SOFTWARE FOR ONE YEAR AFTER ACQUIRED BY THE
FIRST USER. IF YOU RECEIVE SUPPLEMENTS, UPDATES, OR REPLACEMENT SOFTWARE
DURING THAT YEAR, THEY WILL BE COVERED FOR THE REMAINDER OF THE WARRANTY
OR 30 DAYS, WHICHEVER IS LONGER. If the first user transfers the software, the remainder of
the warranty will apply to the recipient.
TO THE EXTENT PERMITTED BY LAW, ANY IMPLIED WARRANTIES, GUARANTEES OR
CONDITIONS LAST ONLY DURING THE TERM OF THE LIMITED WARRANTY. Some states do
not allow limitations on how long an implied warranty lasts, so these limitations may not apply to
you. They also might not apply to you because some countries may not allow limitations on how long
an implied warranty, guarantee or condition lasts.
EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your acts (or
failures to act), the acts of others, or events beyond Microsoft’s reasonable control.
REMEDY FOR BREACH OF WARRANTY. MICROSOFT WILL REPAIR OR REPLACE THE
SOFTWARE AT NO CHARGE. IF MICROSOFT CANNOT REPAIR OR REPLACE IT,
MICROSOFT WILL REFUND THE AMOUNT SHOWN ON YOUR RECEIPT FOR THE
SOFTWARE. IT WILL ALSO REPAIR OR REPLACE SUPPLEMENTS, UPDATES AND
REPLACEMENT SOFTWARE AT NO CHARGE. IF MICROSOFT CANNOT REPAIR OR REPLACE
THEM, IT WILL REFUND THE AMOUNT YOU PAID FOR THEM, IF ANY. YOU MUST
UNINSTALL THE SOFTWARE AND RETURN ANY MEDIA AND OTHER ASSOCIATED
MATERIALS TO MICROSOFT WITH PROOF OF PURCHASE TO OBTAIN A REFUND. THESE
ARE YOUR ONLY REMEDIES FOR BREACH OF THE LIMITED WARRANTY.
CONSUMER RIGHTS NOT AFFECTED. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS
UNDER YOUR LOCAL LAWS, WHICH THIS AGREEMENT CANNOT CHANGE.
WARRANTY PROCEDURES. You need proof of purchase for warranty service.
1. United States and Canada. For warranty service or information about how to obtain a refund
for software acquired in the United States and Canada, contact Microsoft at
 (800) MICROSOFT;
 Microsoft Customer Service and Support, One Microsoft Way, Redmond, WA 98052-6399; or
 visit www.microsoft.com/info/nareturns.htm.
2. Europe, Middle East and Africa. If you acquired the software in Europe, the Middle East or
Africa, Microsoft Ireland Operations Limited makes this limited warranty. To make a claim under
this warranty, you should contact either
 Microsoft Ireland Operations Limited, Customer Care Centre, Atrium Building Block B,
Carmanhall Road, Sandyford Industrial Estate, Dublin 18, Ireland; or
 the Microsoft affiliate serving your country (see www.microsoft.com/worldwide).
3. Outside United States, Canada, Europe, Middle East and Africa. If you acquired the
software outside the United States, Canada, Europe, the Middle East and Africa, contact the
Microsoft affiliate serving your country (see www.microsoft.com/worldwide).
NO OTHER WARRANTIES. THE LIMITED WARRANTY IS THE ONLY DIRECT WARRANTY FROM
MICROSOFT. MICROSOFT GIVES NO OTHER EXPRESS WARRANTIES, GUARANTEES OR
CONDITIONS. WHERE ALLOWED BY YOUR LOCAL LAWS, MICROSOFT EXCLUDES
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. If your local laws give you any implied warranties, guarantees or
conditions, despite this exclusion, your remedies are described in the Remedy for Breach of Warranty
clause above, to the extent permitted by your local laws.
LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY. THE
LIMITATION ON AND EXCLUSION OF DAMAGES CLAUSE ABOVE APPLIES TO BREACHES
OF THIS LIMITED WARRANTY.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER
RIGHTS WHICH VARY FROM STATE TO STATE. YOU MAY ALSO HAVE OTHER RIGHTS WHICH
VARY FROM COUNTRY TO COUNTRY.