http://www.microsoft.com/TechNet/servsup/service/piracy/licqa95.htm (PC Press Internet CD, 03/1996)Computer software is protected against unauthorized copying by copyright law and international copyright treaties, as well as other intellectual property laws and treaties.
These laws and treaties protect the rights of a software owner by granting the owner a number of exclusive rights, including the right to reproduce or "copy" the software. Copying software without the permission of the owner is "copyright infringement," and the law imposes penalties on infringers.
You "copy" software whenever you: (1) load the software into your computer's temporary memory by running the programs from a floppy disk, hard disk, CD-ROM, or other storage media; (2) copy the software onto other media such as a floppy disk or your computer's hard disk; or (3) run the program on your computer from a network server on which the software is resident or stored.
Almost all commercial computer software is licensed directly or indirectly from the copyright owner - the software publisher - for use by the customer through a type of contract called an "end user license agreement" (also known as a EULA). Different products may have different types of EULAs.
For questions about local copyright laws, contact the Business Software Alliance (BSA) at one of the appropriate phone numbers listed below (see Question 52).
Your use of Microsoft(R) products is governed by the terms of the EULA, as well as by copyright law. The EULA is the contract regarding your use of the licensed product, and it grants you specific rights regarding the use of Microsoft software on your computer.
The EULA may be found in one of several different locations, depending on your Microsoft product. The three most common locations for the license agreement are: 1) printed on a separate piece of paper that accompanies the product you've acquired; 2) printed in the User's Manual, usually on the inside front cover or the first page of the manual; or 3) located online within the software product.
The EULA is an important part of your software product and should always accompany legally licensed Microsoft software. If you work for a company that has delegated software acquisition and management to a systems administrator, the systems administrator should be able to supply you with proof that your software is legally licensed. If you acquired your software from a store, through a mail-order catalogue, or even from an individual, and a EULA did not accompany the product, you may have received illegal software. Illegal software, commonly called "pirated" software, may expose you and/or your business to legal liabilities. If you suspect you may have pirated software, or have concerns about the legal ramifications of using such software, see Concerns about Software Piracy at the end of this booklet.
No. The COA is a security device that accompanies all Microsoft products distributed directly or indirectly through an original equipment manufacturer ("OEM") with the OEM's computers. The COA is used to assure the end user that the software program(s) accompanying the computer system is legally licensed Microsoft software. For instance, if you purchased a computer system from a computer store and it came with Windows 95(R) operating system software preinstalled on its hard drive, the COA for Windows 95 should also be included. The COA contains anti-counterfeiting devices, such as the hologram, to prevent the production of counterfeit Microsoft products. If you have not received a COA with your OEM product, or if your COA appears to be counterfeit, please see Concerns about Software Piracy at the end of this booklet.
No. The number on the bottom of the COA helps Microsoft and our OEM vendors track legitimate product in the marketplace. Your serial number is the number that first appears on your computer screen when you turn on your computer.
Provided you accept its terms, the EULA gives you permission to use the software, and grants you some additional rights. The EULA includes the "Grant of License" section, which describes how you may use the software. Also included in the EULA are restrictions against reverse engineering, leasing, or renting the software, and other restrictions that apply to the particular software. In addition, the EULA describes the terms under which you may make a backup or archival copy of the software and details the limited warranty provided for the product.
The EULAs for most Microsoft software products permit you to install and use one copy of the software on a single computer. You must have one license for each copy of the software. You make a copy of a software program whenever you: (1) load the software into your computer's temporary memory by running the program from a floppy disk, hard disk, CD ROM, or other storage media; (2) copy the software onto other media such as a floppy disk or your computer's hard disk; or (3) run the program on your computer from a network server on which the software is resident or stored. For information regarding a second copy of a program for use on a home or portable computer, see Questions 13-15. For information about concurrent use, see Questions 27-28.
No. You do not need a separate dedicated license for the copy on the server provided the server copy is merely accessed by the workstations connected to it, and not separately used. For more information regarding server licensing, see Question 30-33.
Yes. You have made a copy of the program whenever it is loaded on your hard disk or in RAM.
Software is "in use" on a computer when it is installed into the permanent memory (typically a hard disk, but possibly a CD ROM, or other storage device), or loaded into the temporary memory or "RAM." On a network, a product may be used in either of two ways: 1) by installing the product onto the hard disk and running the software "locally," or, 2) by installing the product only on the network server and running the software "off the server." By running the product off the server, the network server loads a copy of the software into the temporary memory, or "RAM," of the computer, but the software is not stored in the computer's permanent memory.
The end user license agreement (EULA) for many Microsoft application products contain the following sentence in the GRANT OF LICENSE section: "The primary user of the computer on which the SOFTWARE Product is installed may make a second copy for his or her exclusive use on either a home or portable computer." If your EULA doesn't contain this sentence, then you may not make a second copy of the software. If your EULA contains this sentence, then, subject to the conditions stated in the EULA, you may make a second copy of the software. The "primary user" is the individual using the computer most of the time it is in use. Only that individual is entitled to use the second copy. Further, the software must be installed on the hard drive of your computer; you are not entitled to make a second copy if you run the software from a network server, unless your company is enrolled in Maintenance Plus under Microsoft Select licensing. Finally, only one secondary copy may be made; you may install this copy on either your home or portable computer but not on both.
Some companies have their own restrictions on using software acquired by the company for home use, so you may need to check with your systems administrator first.
No. The right to make a second copy of a Microsoft software product only applies to some application products and not to operating system software.
No. The 80/20 rule for second copy home or portable computer use does not apply to Microsoft products now being distributed. In an effort to simplify the second copy rule, the reference to 80/20 has been deleted and terms allowing the "primary user" of the computer system on which the software installed to make a second copy have been substituted. See Question 12.
Yes, assuming you only load the program onto your work PC and are its exclusive user during the time it is being used. You cannot bring a Microsoft product from home to load onto your colleagues' computers, nor can you load it onto a network to make it accessible to your co-workers. Some companies have their own restrictions against installing software that was not provided by the company on company computers, so you may need to check with your systems administrator first.
An original license card is the best proof that the software was legally licensed. For this reason, Microsoft strongly recommends that you have one license for each copy of each Microsoft application product. End users may keep the license cards or they may be centrally stored for easier administration. However, if it is not possible for some reason to keep the original license cards, other proof such as sales receipts should be kept. Please see Question 17.
Other than products acquired under the Select licensing program, all legally licensed Microsoft products contain an end user license agreement (EULA) which is your primary proof of legally acquired product. However, we also recommend keeping the original User's Manual (or at least the Manual cover and the first page), the product disks, the Certificate of Authenticity (COA) and your sales receipt.
Yes, as long as you follow the terms of transfer outlined in your license agreement. You may not rent or lease the software, but you may transfer your rights under the Microsoft License Agreement on a permanent basis provided you transfer all copies of the software and all written materials, including the original license agreement and the Certificate of Authenticity (COA) where applicable. For any valid transfer, the software recipient must agree to the terms of the license agreement. Any transfer must include the most recent product update as well as any prior versions.
Prior to transferring your software you must remove all copies of the product from your machine, including your home or portable computer in instances where "second copy" home or portable use is allowed.
If you wish to transfer software which was bought and licensed under a multiple license pack, you must transfer all the product copies to a single new owner. Microsoft's License Paks cannot be broken up, even on resale.
Yes, as long as you comply with the requirements for transferring your software explained in response to Question 18.
Yes, to the extent that the change grants the end user additional rights, Microsoft will give all licensed end users the benefits of the new license, even if they acquired their products under prior versions of the EULA. End users who want a copy of the new license agreement may contact Microsoft at: One Microsoft Way, Redmond, Washington 98052, USA Telephone: (206) 882-8080 or the Microsoft subsidiary nearest to them.
No. If the software package contains dual media disks, then you may use only the disks appropriate for your single designated computer. You may not use the other disks on another computer or loan or transfer them to another user.
Yes. You need a license agreement for every Microsoft product you use on your computer. All Microsoft license agreements are version and language-specific and apply only to a single product version. If you have Microsoft Word in both Spanish and English, you need two license agreements--one for each language version.
Types of Licenses
Microsoft has several basic types of end user license, including:
Select 3.0 was introduced on June 1, 1995 and is a modified version of the Select licensing program first offered by Microsoft in January, 1993. The three major changes introduced with Select 3.0 make it easier for customers of all sizes to participate in the program:
With customers as diverse as a single end user working on a home computer, to a small business with 20 end users, to a large multi-national corporation with thousands of computer users at subsidiaries around the world, we strive to adapt our licensing policies to every type of end user need. As a result, we've developed many different license types to make it easy for all types of users to legally acquire and utilize Microsoft products.
Contact your local Microsoft subsidiary, Microsoft Solution Provider or software reseller for assistance.
Concurrent Use
Concurrent use is the sharing of software licenses among multiple users. In the past, this was permitted under the terms of EULAs for certain Microsoft applications software products. The concurrent use right is not included in EULAs now being issued. It is available under the Select licensing program.
Yes; prior to changing our EULA, however, customers were allowed to use their application products concurrently, but were not allowed to do so from software that was permanently installed on a local hard drive. Customers told us they found the hard drive restriction to be inconvenient and requested the ability to run their products concurrently as well as having the software permanently installed on the local hard drive. Microsoft grants this right to those customers who elect to include Maintenance Plus with their Select 3.0 agreement. For more information regarding the Microsoft Select program, see Question 23 and 24.
Network Use
Microsoft server products include Windows NT(TM) Server, Microsoft SQL Server(TM), SNA Server and Systems Management Server. There are two licenses that describe your right to use Microsoft Server Products: the Server License and the Client Access License. The server license grants you the rights to install the Server Software on a computer acting as the network server; to install the Client Software included with the Server product on workstations connected to the Server; and limited rights to network administration. To actually access or utilize the services of the Server Software from a client workstation, however, you must acquire a separate Client Access License. In other words, the Server License lets you set up the network, and the Client Access License lets you use it. If you have any questions regarding this topic, contact your local Microsoft subsidiary.
The end user license agreement (EULA) permits you to store a copy of the software on a storage device used as a network file server, for the purpose of installing the software on computers connected to that storage device via your internal network. In addition, you may install the software on a storage device used as a network applications server, so that computers connected to that storage device via your internal network can run the software from that source. You must acquire and dedicate a license for each separate computer on which the software is installed and for each computer that runs the software from the storage device. By dedicating a license to a particular computer, you are assigning the license exclusively to that computer for an indefinite period of time. A license to use a particular copy of the software may not be shared or used concurrently on different computers.
Contact your local Microsoft subsidiary, Microsoft Solution Provider or technical support for assistance.
Microsoft operating system licenses do not permit concurrent use (such as that over a network). For each computer which uses a Microsoft operating system, a separate license must be acquired. A copy of an operating system product can be installed on a network server for the sole purpose of distributing copies to other licensed computers on the network.
No. Under the Windows NT and Windows NT Server licenses, there is a clear delineation between single computer use and processor use. A processor is a component of a computer. A single advanced computer may have several processors. Under the terms of the license agreement, a user is permitted to use one copy of the software program on a single computer provided the software is used by no more than a specific number of processors on that single computer at any one time. For Windows NT the number of processors allowed under the license agreement is two; for Windows NT Server the number of processors allowed under the license agreement is four.
You cannot divide such products between two or more computers to reach the maximum processor use allowed under the license agreement. For example, if you have a computer with two processors and your colleague has a computer with one processor, you cannot purchase a copy of Windows NT Advanced Server - which allows for four processor use - to install on your computer for two uses and on your colleague's for one additional use. As with all Microsoft system products, each product is intended for use on a single computer system. It is important to note that systems product licenses do not permit concurrent or "second copy" home or portable computer use.
Microsoft BackOffice
The Microsoft BackOffice(TM) family is an integrated suite of server applications. Microsoft BackOffice products work together to allow customers to utilize applications that automate business processes; help speed and enhance decision making; and help lower the costs of training, installation and development by bringing all the needed elements of enterprise computing together into one group of products.
The Microsoft BackOffice family consists of Windows NT Server operating system, Microsoft SQL Server database server, Microsoft SNA Server, Microsoft Systems Management Server, and Microsoft Mail.
The new licensing and pricing model works for companies of all sizes and is designed to provide consistency as customers move to longer and more distributed network environments. Under the new policy, servers and clients are licensed independently. Licensed clients can access an unlimited number of a particular kind of licensed servers; there is a low-cost, fixed server fee, regardless of user capacity and without charge for the class of machine being used. Under this "pay as you grow" concept, clients get access to services from any server, in one of two ways:
Upgrades
Yes, the end user license agreement (EULA) included with the upgrade version sets forth the license rights for both the original product and the upgrade. With every new upgrade product, you will receive a new EULA. Upgrade versions are treated as part of the whole product, because an upgrade often needs many of the basic components in the original software in order to run. This is true for both application and system product upgrades.
No. Since the original full product and the upgrade product together are considered a single software unit, you must retain the old product as part of that unit.
Yes. All copies together are treated as a single product, regardless of how many upgrade versions you've acquired. For more information about the minimum amount of documentation to keep to prove your software products have been legally acquired, see Question 17.
If the software is an upgrade from a product of another supplier (sometimes called a "cross-grade" or "competitive upgrade"), you may transfer the software only in conjunction with the upgrade product. If the software is an upgrade from a Microsoft product, as outlined above, you must now use that upgraded product only in accordance with the product's upgrade license.
No. However as you acquire upgrades for the new product you must retain both the original product and the upgrade versions which together serve as a single product. For information about product transfer, see Question 18.
Special Licenses
For information about the legal use of Windows NT and Windows NT Advanced Server, see Questions 29, 30, and 33 above.
Microsoft Office for Windows 95
Microsoft Office for Windows 95 is licensed as a single, integrated product. You may only install the entire product on the hard disk of one computer; you may not install or use the component products on different computers. On a network, if Microsoft Office for Windows 95 is resident on the server, a single license would entitle one user to access one or all of the components of the product at a time (i.e., Microsoft Excel, Word, Schedule+ and/or PowerPoint). In other words, an end user who acquires one license to Microsoft Office for Windows 95 receives one license for the entire package, and not separable licenses to each of the components. In addition, Microsoft will continue to offer Office 4.3 for Windows and for the Mac(TM), which will include a workstation license for Microsoft Mail.
Yes. The license agreement for Microsoft Office for Windows 95 specifically states that users cannot break apart any portion of the suite because they are licensed as a single product. When you upgrade a single product within Microsoft Office for Windows 95, you must retain the previous version of that product. As explained above, because an upgrade version of Microsoft Excel needs many of the basic components of the original version in order to operate, the original version and the upgrade version are together considered a single product.
Language Products
The license agreement for Microsoft programming language products is very different than the license agreements for system, application and/or server products. With a programming language product license, Microsoft grants the user a royalty-free right to reproduce and distribute executable files created using the programming language software. If the programming language product is a Basic or COBOL product, Microsoft grants the user a royalty-free right to reproduce and distribute the run-time modules of the software provided that the user: a) distributes the run-time modules only in conjunction with and as part of his or her software product; b) does not use Microsoft's name, logo or trademarks to market his or her software product; c) includes a valid copyright notice with his or her software product; and, d) agrees to indemnify, hold harmless, and defend Microsoft and its suppliers from and against any claims or lawsuits, including attorneys' fees, that arise or result from the use or distribution of his or her software product. The "run-time modules" are those files in the software that are identified in the accompanying written manuals as required during execution of your software program. The run-time modules are limited to run-time files, install files, and ISAM and REBUILD files. If required in the software documentation, you are also required to display the designated patent notices in the packaging and in the READ ME file of your software product.
Concerns About Software Piracy
Software piracy is the unauthorized copying, reproduction, use, or manufacture of software product(s) protected by U.S. and international copyright law and treaties. On average, for every authorized copy of computer software in use, at least one unauthorized or "pirated" copy is made. In some countries, up to 99 unauthorized copies are made for every one authorized copy in use. Software piracy harms all software companies and ultimately you, the end user. Piracy results in higher prices for duly licensed users, reduced levels of support, and delays in funding and development of new products, causing the overall selection and quality of software to suffer.
Piracy harms all software publishers, regardless of their size. Software publishers spend years developing software for the public to use. A portion of every dollar spent in purchasing original software is funneled back into research and development so that better, more advanced software products can be produced. When you purchase pirated software, your money goes directly into the pockets of software pirates instead.
Software piracy also harms the local and national economies. Fewer legitimate software sales result in lost tax revenue and decreased employment. Software piracy greatly hinders the development of local software communities. If software publishers cannot sell their products in the legitimate market, they have no incentive to continue developing programs. Many software publishers simply won't enter markets where the piracy rates are too high, because they will not be able to recover development costs.
There are five basic forms of software piracy and all are equally damaging both to the software publisher and to the end user. The five basic types of piracy are:
In theory by violating your license agreement, you could nullify your license. However, Microsoft's current policy with regard to such violations is that only the unauthorized copies are illegal, and the original license remains intact. Microsoft does not approve of any form of a violation of the license agreement, regardless of the scope of the violation, and will take all appropriate measures to stop license agreement violations from occurring.
Microsoft licenses many personal computer system manufacturers to preinstall operating system products directly onto the hard disks of their computers. In some instances, computer manufacturers are also licensed to preinstall specific application products onto the hard disk. For Microsoft products, the computer manufacturers must include inside the computer box an end user license agreement (EULA), a Microsoft registration card, and for systems products and most application products, a Certificate of Authenticity. In most instances, computer manufacturers will also include the product manual(s) and a set of product disks or a CD ROM.
There are several warning signs that will alert you to the fact that the software products installed on your hard disk at the time of purchase or available on the retail store shelf are illegal. For instance, Microsoft legally licenses MS-DOS, Windows 3.1 and Windows 95, among other products, to computer manufacturers to include with the PCs. However, Microsoft's agreement with computer manufacturers prohibits them from distributing Microsoft products by themselves, without an accompanying computer. Generally, Microsoft products sold on the retail shelf are manufactured only by Microsoft and should not bear the tradenames of any other company. Microsoft products on the retail shelf should never include a line on the front cover of the User's Guide that states, "For Sale Only With A New PC", "For Distribution Only With A New PC", or "For distribution with new PC hardware only. Not to be sold as a standalone product."
Additional warning signs of illegal software products include:
You would be entitled to sell the product without having to gain permission or a license from Microsoft Corporation if: a) during the creation of the font no Microsoft software was actually copied and the font only looks like a Microsoft font, e.g. Times New Roman; and, b) the font is not called and is in no way identified within your product as the name used by Microsoft, e.g. Times New Roman. This rule only applies to Microsoft fonts and not to any other part of a Microsoft software program.
Anti-Piracy Resources
The first thing to do is to return the product to where you obtained it and ask for a legitimate replacement product or verification that the product you acquired is legal. If the vendor refuses to help you, ask for your money back - and find a legitimate dealer who will provide you with legally licensed Microsoft products.
If the vendor refuses to give you a refund, report their actions to your local Consumer Affairs office and the Better Business Bureau. You should also call your local Microsoft subsidiary or a regional Business Software Alliance (BSA) anti-piracy hotline to report your concerns.
Any consumers or resellers having questions about the legitimacy of Microsoft products should contact the Microsoft Piracy Hotline at 1-800-RU-LEGIT, accessible in the U.S. or Canada, or write to one of Microsoft's legal department listed below to tell us of your concerns:
In Asia:
Australia: Legal Department, Microsoft Pty. Limited, Microsoft Park, 65 Epping Road, North Ryde, NSW 2113 (Sydney), Australia.
Hong Kong: Legal Department, Microsoft Hong Kong, 20/F, Cityplaza 3, 14 Taikoo Wan Road, Quarry Bay, Hong Kong.
Japan: Legal Department, Microsoft Company, Limited, Sasazuka NA Bldg., 50-1, Sasazuka 1-Chome, Shibuyaku, Tokyo 151, Japan.
Taiwan: Legal Department, Microsoft Taiwan Corporation, PO Box 27-16, No. 6 10th floor, Min Chuan E. Road, Sec. 3, Taipei, Taiwan, R.O.C.
In Europe:
European Headquarters: Legal Department, Microsoft European Headquarters, Tour Pacific, Cedex 77, 92977 Paris - La Defense, France.
France: Legal Department, Microsoft France S.a.r.l., 18 Avenue Du Quebec, Zone de Courtaboeuf, 91957 Les Ulis Cedex, France.
Germany: Legal Department, Microsoft G.m.b.H., Edisonstrasse 1, W-85713 Unterschleissheim, Munich, Germany.
United Kingdom: Legal Department, Microsoft Limited, Microsoft Place, Winnersh, Wokingham, Berkshire RG11 5TP, United Kingdom.
For all other regions, including the United States and Canada: Anti-Piracy Department, Microsoft, Bldg. 8, One Microsoft Way, Redmond, WA 98052, U.S.A.
Contact your local Microsoft subsidiary or Solution Provider.
For help confirming the legitimacy of Microsoft-only products, contact the Microsoft Anti-Piracy Hotline at 1-800-RU-LEGIT (accessible in the United States and Canada), your local Microsoft subsidiary, Microsoft's legal departments or a Microsoft Solution Provider (see also Question 51).
For help regarding software piracy of Microsoft products and other software products, contact the Business Software Alliance at:
United States Headquarters:
2001 L Street, NW
Washington, D.C. 20036
U.S.A.
Anti-Piracy Hotline: 1-800-688-BSA1 (accessible in the United States
and Canada)
Fax: 202-872-5501
Europe Headquarters:
1st Floor
Leaconfield House
Curzon Street
London W1Y
8AS
United Kingdom
Euronet Anti-Piracy Hotline: 44-71-491-1974
Fax: 44-71-499-4733
You can also contact any of the 34 regional BSA anti-piracy hotlines listed below.
BSA Worldwide Hotlines
Australia
008.021.143
Belgium
32.2.361.5444
0800.139.33 toll free
Brazil
800.11.00.39
Canada
800.263.9700
Chile
56.2.242.8684
Colombia
57.1.235.6617
Czech Republic
42.22.422.3193
Denmark
45.33.14.33.33
Finland
Inside Finland
90.644.141
Outside Finland
358.0.644.141
France
33.1.43.33.9595
Germany
49.69.17.39.77
Hong Kong
852.865.3318
Hungary
36.1.212.1154
India
091.11.611.4971
Italy
39.2.2056.2345
Japan
81.3.3400.7050
Fax: 813.3400.8558
Korea
080.022.3975 toll free
82.2.539.7832 Seoul
Malaysia
800.3875 toll free
60.3.293.2824
Mexico
52.5.237.1101
Netherlands
06.899.8566 toll free
03404.15267
New Zealand
800.101.800 toll free
Norway
47.22.55.6010
Philippines
63.2.811.5897
Portugal
351.1.794.0506
Singapore
65.226.0196
South Africa
0800.110.447
Spain
34.00.211.048
009.211.048 toll free
Sweden
46.8.677.5475
Switzerland
41.1.261.8465
Taiwan
886.2.757.6638
Thailand
662.233.2036
United Kingdom
44.628.660.377
Euro-Net
44.71.491.1974
44.71.499.4733 fax
United States
800.688.BSA1
202.872.5500
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