MICROSOFT SOFTWARE LICENSE TERMS

MICROSOFT SQL SERVER 2019 ENTERPRISE

These license terms are an agreement between you and Microsoft Corporation (or one of its
affiliates). 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 services or software updates (except to the extent
such services or updates are accompanied by new or additional terms, in which case those different
terms apply prospectively and do not alter your or Microsoft’s rights relating to pre-updated software
or services). IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW FOR
EACH SERVER YOU PROPERLY LICENSE. 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 PREVIOUS VERSIONS OF SQL SERVER. If this

software is installed on servers or devices running any supported editions of SQL Server prior to SQL
Server 2019 (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. Removal of these files may cause errors in the software and the original files may not
be recoverable. By installing this software on a server or device that is running such editions you
consent to these updates in all such editions and copies of SQL Server (including components of any
of them) running on that server or device.

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1. OVERVIEW.
1.1 Software. The software includes
 server software, and
 additional software that may only be used with the server software directly, or
indirectly through other additional software.
1.2 License Model. The software is licensed based on
 the number of operating system environments (OSEs) in which the server software is
run, and
 the number of devices and users that access instances of server software.
1.3 Licensing Terminology.
 Instance. You create an “instance” of the software by executing the software’s setup
or install procedure. You also create an instance of the software by duplicating an
existing instance. References to the “software” in this agreement include “instances”
of the software.
 Run an Instance. You “run an instance” of the 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 (“OSE”). An “operating system environment” or
“OSE” is
(i) all or part of an operating system instance, or all or part of a virtual (or otherwise
emulated) operating system instance which 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 part identified above.
A physical hardware system can have either or both of the following:
 one physical operating system environment;
 one or more virtual operating system environments.
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 or to provide hardware virtualization services (e.g., Microsoft virtualization
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.
 Server. A server is a physical hardware system capable of running server software. A
hardware partition or blade is considered to be a separate physical hardware system.
 Physical Core. A physical core is a core in a physical processor. A physical processor
consists of one or more physical cores.
 Hardware Thread. A hardware thread is either a physical core or a hyper-thread in a
physical processor.
 Virtual Core. A virtual core is the unit of processing power in a virtual (or otherwise
emulated) hardware system. A virtual core is the virtual representation of one or
more hardware threads. Virtual OSEs use one or more virtual cores.
 Assigning a License. To assign a license means simply to designate that license to
one server, device or user.
2. USE RIGHTS.
2.1 Assigning the License to the Server.
a) Before you run any instance of the server software under a software license, you must
assign that license to one of your servers. That server is the licensed server for that
particular license. You may assign other software licenses to the same server, but you
may not assign the same license to more than one server.
b) You may reassign a software license, but not within 90 days of the last assignment.
 You may reassign a software license sooner if you retire the licensed server due to
permanent hardware failure. If you reassign a license, the server to which you
reassign the license becomes the new licensed server for that license.
2.2 Running Instances of the Server Software. Once you have assigned the license to the
server, you may run any number of instances of the server software in up to four OSEs
(physical and/or virtual) on the licensed server at a time, provided that:
(a) if you are running the software in a physical OSE, the OSE may access up to 20
physical cores at any time, and
(b) if you are running the software in one or more virtual OSEs, that group of OSEs may
access up to 20 hardware threads at any time.
2.3 Assigning Additional Licenses. You may assign more than one license to a server. For
each additional license you assign, you may run any number of instances of the server
software in up to four additional virtual OSEs on the licensed server at any time. That
group of up to four OSEs may access up to 20 additional hardware threads at any time.
2.4 Alternative Versions and Editions. In place of any permitted instance, you may create,
store and use an instance of any earlier version, lower edition or an earlier version of a
lower edition.
This agreement applies to your use of these other versions or editions in this manner. If
the earlier version or edition includes components not covered in this agreement, the
terms that are associated with those components in the earlier version or edition apply to
your use of them. Microsoft is not obligated to supply any prior or different versions or
editions of the software to you.
2.5 Running Instances of the Additional Software. You may run or otherwise use any number
of instances of additional software listed below in physical or virtual operating system
environments on any number of devices. You may use additional software only with the
server software directly, or indirectly through other additional software.
 Data Quality Client
 SQL Client Connectivity SDK
 Client Tools SDK
 Client Tools Backwards Compatibility
 Client Tools Connectivity
 Distributed Replay Client
 Distributed Replay Controller
2.6 Creating and Storing Instances on Your Servers or Storage Media. You have the
additional rights listed below for each software license you acquire.
(a) You may create any number of instances of the server software and additional
software.
(b) You may store instances of the server software and additional software on any of your
servers or storage media.
 (c) You may create and store instances of the server software and additional software
solely to exercise your right to run instances of the server software under any of your
software licenses as described (e.g., you may not distribute instances to third parties).
3. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
3.1 Client Access Licenses (CALs). You must acquire and assign a SQL Server 2019 CAL to each
device or user that accesses your instances of the server software directly or indirectly. A
hardware partition or blade is considered to be a separate device. Your CALs permit
access to your instances of earlier versions, but not later versions, of the server software.
You do not need CALs for:
 any of your servers licensed to run instances of the server software, or
 up to two devices or users to access your instances of the server software only to
administer those instances.
3.2 Types of CALs. There are two types of CALs, one for devices and one for users. Each
device CAL permits one device, used by any user, to access instances of the server
software on your licensed servers. Each user CAL permits one user, using any device, to
access instances of the server software on your licensed servers. You may use a
combination of device and user CALs.
3.3 Reassignment of CALs.
(a) You may permanently reassign your device CAL from one device to another, or your
user CAL from one user to another; or
(b) temporarily reassign your device CAL to a loaner device while the first device is out of
service, or your user CAL to a temporary worker while the user is absent.
3.4 Multiplexing. Hardware or software you use to
 pool connections,
 reroute information, or
 reduce the number of devices or users that directly access or use the software
(sometimes referred to as “multiplexing” or “pooling”), does not reduce the number of
licenses of any type that you need.
3.5 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.
3.6 Maximum Instances. The software or your hardware may limit the number of instances of
the server software that can run in physical or virtual operating system environments on
the server.
3.7 SQL Server Reporting Services Map Report Item. SQL Server Reporting Services Map
Report Item may use Bing Maps. You may only use the content provided through Bing
Maps, including geocodes, within SQL Server Reporting Services Report Map Item. Your
use of Bing Maps is also governed by the Microsoft Bing Maps and MapPoint Web
 Service End User Terms of Use and Embedded Maps Service Terms of Use available at
http://go.microsoft.com/?linkid=9710837 and the Microsoft Privacy Statement available
at http://go.microsoft.com/fwlink/?LinkID=248686.
3.8 Big Data Clusters (BDC). You must be a volume licensing customer with software assurance
to use BDC functionality. You may not use BDC if you have not validly acquired a license
for BDC from Microsoft or its licensed distributors. For information about licensing BDC
visit: https://go.microsoft.com/fwlink/?linkid=2102541
3.9 Included Microsoft Programs. The software includes other Microsoft programs listed at
https://go.microsoft.com/fwlink/?linkid=2102146. Microsoft is making these programs
available to you as a convenience only, and these programs are licensed and supported
under their own separate terms and policies. You may only use these programs in
conjunction with the software licensed here. If you do not agree to the license terms for
these programs, you may not use them.
3.10 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 help print content.
4. THIRD PARTY SOFTWARE. The software may include third party applications that are licensed
to you under this agreement or under their own terms. License terms, notices, and
acknowledgements, if any, for the third party applications may be accessible online at
http://aka.ms/thirdpartynotices or in an accompanying notices file. Even if such applications are
governed by other agreements, the disclaimer, limitations on, and exclusions of damages below
also apply to the extent allowed by applicable law.
5. PRODUCT KEYS. The software requires a key to install or access it. You are responsible for use
of the keys assigned to you. You may not share the keys with third parties. You may not use keys
assigned to third parties.
6. DATA COLLECTION. The software may collect information about you and your use of the
software and send that to Microsoft. Microsoft may use this information to provide services and
improve Microsoft’s products and services. Your opt-out rights, if any, are described in the
product documentation. Some features in the software may enable collection of data from users
of your applications that access or use the software. If you use these features to enable data
collection in your applications, you must comply with applicable law, including getting any
required user consent, and maintain a prominent privacy policy that accurately informs users
about how you use, collect, and share their data. You can learn more about Microsoft’s data
collection and use in the product documentation and the Microsoft Privacy Statement at
https://go.microsoft.com/fwlink/?LinkId=521839. You agree to comply with all applicable
provisions of the Microsoft Privacy Statement including the SQL Server privacy supplement:
http://go.microsoft.com/fwlink/?linkid=868444
7. 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.
UPDATES. The software may periodically check for updates and download and install them for you.
You may obtain updates only from Microsoft or authorized sources. Microsoft may need to
 update your system to provide you with updates. You agree to receive these automatic updates
without any additional notice. Updates may not include or support all existing software features,
services, or peripheral devices.
3. SCOPE OF LICENSE. The software is licensed, not sold. Microsoft reserves all other rights. Unless
applicable law gives you more rights despite this limitation, you will not (and have no right to):
 work around any technical limitations in the software that only allow you to use it in certain
ways;
 reverse engineer, decompile or disassemble the software;
 remove, minimize, block, or modify any notices of Microsoft or its suppliers in the software;
 use the software in any way that is against the law or to create or propagate malware;
 share or distribute the software;
 publish the software, including any application programming interfaces included in the
software, for others to copy;
 share or otherwise distribute documents, text or images created using the software Data
Mapping Services features;
 rent, lease or lend the software; or
 provide the software as a hosted solution for others to use.
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. NOT FOR RESALE SOFTWARE. You may not sell software marked as “NFR” or “Not for Resale.”
13.TRANSFER TO A THIRD PARTY. The provisions of this section do not apply if you acquired the
software in the European Economic Area (EEA) and only transfer it to another person or entity
within the EEA, in which case any transfer of the software and the right to use it must comply
with applicable law. 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 may not retain any instances of the software unless that user also retains another
license for the software. Nothing in this agreement prohibits the transfer of software to the
extent allowed under applicable law if the distribution right has been exhausted.
14. EXPORT RESTRICTIONS. You must comply with all domestic and international export laws and
regulations that apply to the software, which include restrictions on destinations, end users, and
end use. For further information on export restrictions, visit http://aka.ms/exporting.
15. SUPPORT SERVICES. Microsoft provides support services for the software as described at
www.support.microsoft.com/common/international.aspx.
16. ENTIRE AGREEMENT. This agreement, and any other terms Microsoft may provide for
supplements, updates, or third-party applications, is the entire agreement for the software.
17. APPLICABLE LAW AND PLACE TO RESOLVE DISPUTES. If you acquired the software in the
United States or Canada, the laws of the state or province where you live (or, if a business, where
your principal place of business is located) govern the interpretation of this agreement, claims for
its breach, and all other claims (including consumer protection, unfair competition, and tort
claims), regardless of conflict of laws principles. If you acquired the software in any other country,
its laws apply. If U.S. federal jurisdiction exists, you and Microsoft consent to exclusive jurisdiction
and venue in the federal court in King County, Washington for all disputes heard in court. If not,
you and Microsoft consent to exclusive jurisdiction and venue in the Superior Court of King
County, Washington for all disputes heard in court.
18. 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.
CONSUMER RIGHTS; REGIONAL VARIATIONS. This agreement describes certain legal rights. You
may have other rights, including consumer rights, under the laws of your state, province, or
country. Separate and apart from your relationship with Microsoft, you may also have rights with
respect to the party from which you acquired the software. This agreement does not change
those other rights if the laws of your state, province, or country do not permit it to do so. For
example, if you acquired the software in one of the below regions, or mandatory country law
applies, then the following provisions apply to you:
a) Australia. You have statutory guarantees under the Australian Consumer Law and nothing in
this agreement is intended to affect those rights.
b) Canada. If you acquired this software in Canada, you may stop receiving updates by turning
off the automatic update feature, disconnecting your device from the Internet (if and when you
re-connect to the Internet, however, the software will resume checking for and installing
updates), or uninstalling the software. The product documentation, if any, may also specify how
to turn off updates for your specific device or software.
c) Germany and Austria.
i. Warranty. The properly licensed software will perform substantially as described in any
Microsoft materials that accompany the software. However, Microsoft gives no contractual
guarantee in relation to the licensed software.
ii. Limitation of Liability. In case of intentional conduct, gross negligence, claims based on
the Product Liability Act, as well as, in case of death or personal or physical injury, Microsoft
is liable according to the statutory law.
Subject to the foregoing clause ii., Microsoft will only be liable for slight negligence if
Microsoft is in breach of such material contractual obligations, the fulfillment of which
facilitate the due performance of this agreement, the breach of which would endanger the
purpose of this agreement and the compliance with which a party may constantly trust in
(so-called "cardinal obligations"). In other cases of slight negligence, Microsoft will not be
liable for slight negligence.
20. 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
Microsoft warrants that properly licensed software will perform substantially as described in any
Microsoft materials that accompany the software. This limited warranty does not cover problems that
you cause, or that arise when you fail to follow instructions, or that are caused by events beyond
Microsoft’s reasonable control. The limited warranty starts when the first user of your copy of the
software acquires that copy and lasts for one year. Any supplements, updates, or replacement
software that you may receive from Microsoft during that year are also covered, but only for the
remainder of that one-year period or for 30 days, whichever is longer. Transferring the software will
not extend the limited warranty.
Microsoft gives no other express warranties, guarantees, or conditions. Microsoft excludes all implied
warranties and conditions, including those of merchantability, fitness for a particular purpose, and
non-infringement. If your local law does not allow the exclusion of implied warranties, then any
implied warranties, guarantees, or conditions last only during the term of the limited warranty and
are limited as much as your local law allows. If your local law requires a longer limited warranty term,
despite this agreement, then that longer term will apply, but you can recover only the remedies this
agreement allows.
If Microsoft breaches its limited warranty, it will, at its election, either: (i) repair or replace the
software at no charge, or (ii) accept return of the software (or at its election the Microsoft branded
device on which the software was preinstalled) for a refund of the amount paid, if any. These are
your only remedies for breach of this limited warranty. This limited warranty gives you specific legal
rights, and you may also have other rights which vary from state to state or country to country.
Except for any repair, replacement, or refund Microsoft may provide, you may not recover under this
limited warranty, under any other part of this agreement, or under any theory, any damages or other
remedy, including lost profits or direct, consequential, special, indirect, or incidental damages. The
damage exclusions and remedy limitations in this agreement apply even if repair, replacement or a
refund does not fully compensate you for any losses, if Microsoft knew or should have known about
the possibility of the damages, or if the remedy fails of its essential purpose. Some states and
countries do not allow the exclusion or limitation of incidental, consequential, or other damages, so
those limitations or exclusions may not apply to you. If your local law allows you to recover damages
from Microsoft even though this agreement does not, you cannot recover more than you paid for the
software (or up to $50 USD if you acquired the software for no charge).
WARRANTY PROCEDURES
For service or a refund you must provide a copy of your proof of purchase and comply with
Microsoft’s return policies, which might require you to uninstall the software and return it to
Microsoft or return the software with the entire Microsoft branded device on which the software is
installed; the certificate of authenticity label including the product key (if provided with your device)
must remain affixed.
1. United States and Canada. For limited warranty service or information about how to obtain a
refund for software acquired in the United States or Canada, contact Microsoft via telephone at (800)
MICROSOFT; via mail at Microsoft Customer Service and Support, One Microsoft Way, Redmond, WA
98052-6399; or visit (aka.ms/nareturns).
2. Europe, Middle East, and Africa. If you acquired the software in Europe, the Middle East, or
Africa, Microsoft Ireland Operations Limited makes the limited warranty. To make a claim under the
limited warranty, you must 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 (aka.ms/msoffices).
3. Australia. If you acquired the software in Australia, contact Microsoft to make a claim at 13 20
58; or Microsoft Pty Ltd, 1 Epping Road, North Ryde NSW 2113 Australia.
4. Other countries. If you acquired the software in another country, contact the Microsoft
affiliate serving your country (aka.ms/msoffices).