On this page you will find information for the Microsoft product(s) identified below. This information is taken directly from the current Microsoft Volume Licensing Product Terms and Online Services Terms.
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Universal License Terms apply to all software Products licensed through Microsoft Volume Licensing (except where specifically noted in the License Model Terms and/or the Product-Specific License Terms).
Terms used in the Product Terms but not defined in the Glossary will have the definition provided in Customer’s volume licensing agreement.
If Customer complies with its volume licensing agreement, it may use the software as expressly permitted in the Product Terms. Customer needs a License for each Product and separately licensed functionality used on a device or by a user.
For any permitted copy or Instance, Customer may create, store, install, run or access in place of the version licensed, a copy or Instance of a prior version, different permitted language version, different available platform version (for example, 32 bit or 64 bit) or a permitted lower edition. The use rights for the licensed version still apply. Licenses for prior versions and lower editions do not satisfy the licensing requirements for a Product.
The software may contain third party proprietary programs or components that are licensed under separate terms that are presented to Customer during installation or in the "ThirdPartyNotices" file accompanying the software. The software may also contain third party open source programs that Microsoft, not the third party, licenses to Customer under Microsoft’s license terms.
Microsoft may offer updates or supplements to the Products. Customer may use the updates or supplements to the Products, pre-release code, additional functionality and optional add-on services to the Products, subject to specific terms (if any) that accompany them. Some Products require automatic updates, as described in the Product-Specific License Terms.
Customer may not (and is not licensed to) use the Products to offer commercial hosting services to third parties, work around any technical limitations in the Products or restrictions in Product documentation, or separate the software for use in more than one OSE under a single License (even if the OSEs are on the same physical hardware system), unless expressly permitted by Microsoft. Rights to access the software on any device do not give Customer any right to implement Microsoft patents or other Microsoft intellectual property in the device itself or in any other software or devices.
SA coverage may grant additional use rights to Customer. These additional rights end at the expiration of the SA coverage for the License, unless otherwise noted in the benefit description.
Customer may install and use licensed copies of the software on Servers and other devices that are under the day-to-day management and control of third parties, provided all such Servers and other devices are and remain fully dedicated to Customer’s use. Customer is responsible for all of the obligations under its volume licensing agreement regardless of the physical location of the hardware upon which the software is used.
Before Customer uses software under a License, it must assign that License to a device or user, as appropriate. Customer may reassign a License to another device or user, but not less than 90 days since the last reassignment of that same License, unless the reassignment is due to (i) permanent hardware failure or loss, (ii) termination of the user’s employment or contract or (iii) temporary reallocation of CALs, Client Management Licenses and user or device SLs to cover a user’s absence or the unavailability of a device that is out of service. Customer must remove the software or block access from the former device or to the former user. SA coverage and any Licenses that are granted or acquired in connection with SA coverage may be reassigned only with the underlying qualifying License. Different terms apply to the reassignment of Windows desktop operating system per device licenses and SA coverage, as detailed in the Windows Product Entry.
Microsoft may use technical measures to enforce terms that restrict Customer’s use of certain versions of Product and may verify compliance with those terms as provided in Customer’s volume license agreement. Some Products are protected by technological measures and require activation or validation, as well as a product key, to install or access them.
Successful activation or validation verifies that a software Product has been correctly installed, the product key is not stolen, and that no changes have been made to validation, licensing, or activation functions of the software. Customer’s right to use the software after the time specified in the software Product may be limited unless it is activated. Customer is not licensed to continue using the software if it has unsuccessfully attempted to activate. Each device that has not activated by a Key Management Service (KMS) must use a Multiple Activation Key (MAK) or AAD based Activation. Customer may not circumvent activation or validation.
An assigned product key is required for licensed use of the software. All product keys are Confidential Information of Microsoft. Notwithstanding anything to the contrary in Customer’s volume licensing agreement, Customer may not disclose product keys to third parties. Customer may not provide unsecured access to its key management service (KMS) machines over an uncontrolled network. In the event of unauthorized use or disclosure of product keys or KMS keys, Microsoft may prevent further activations, deactivate or block product keys from activation or validation, and take other appropriate action.
Where indicated in the Use Rights section of each Product Entry, the following notices apply:
Software Products may contain features that connect and send information over the Internet, without additional notice to Customer, to Microsoft’s systems and those of its Affiliates and service providers. Use of that information is described in the privacy statement available in each software Product.
This software may include H.264/AVC, VC-1, and MPEG-4 Part 2 visual compression technology. MPEG LA, L.L.C. requires this notice: THIS PRODUCT IS LICENSED UNDER THE AVC, THE VC-1, THE MPEG-4 PART 2 VISUAL PATENT PORTFOLIO LICENSES FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE ABOVE (“VIDEO STANDARDS”) AND/OR (ii) DECODE AVC, VC-1, MPEG-4 PART 2 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE SUCH VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE www.mpegla.com. For clarification purposes, this notice does not limit or inhibit the use of the software for normal business uses that are personal to that business which do not include (i) redistribution of the software to third parties, or (ii) creation of content with the VIDEO STANDARDS compliant technologies for distribution to third parties.
While Customer runs the software, it may access and use icons, images, sounds and media included with the software only from a Licensed Device and may use the fonts included with or installed by that software to display and print content. Customer 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 print content.
Products may include other Microsoft technology components subject to their own license terms, as indicated in the Use Rights section of each Product Entry. If separate terms for these components are not addressed in the Product-Specific License Terms, they may be found in a separate folder in the Product’s installation directory or through the Product’s unified installer.
Customer must obtain Microsoft’s prior written approval to disclose to a third party the results of any benchmark test of any Server Product or Microsoft Desktop Optimization Pack. This does not apply to Windows Server.
Multiplexing or pooling to reduce direct connections with the software does not reduce the number of required Licenses.
Customer may allow access to server software running in any permitted OSE by two users without CALs solely for administrative purposes. Customer may also allow remote access to other Products solely for purposes of providing technical product support to Licensed Users or on Licensed Devices.
The software may include code that Customer is permitted to distribute in programs it develops if it complies with the terms below.
The code and text files listed below are “Distributable Code.”
If Customer distributes any Distributable Code. Customer must:
Customer may not:
Microsoft may provide services with Products through software features that connect with Microsoft or service provider computer systems over the Internet. It may change or cancel the services at any time. Customer may not use the services in any way that could harm them or impair anyone else’s use of them. Customer may not use the services to try to gain unauthorized access to any service, data, account or network by any means.
Attributes are identified in the tables in each Product Entry, and indicate rights or conditions applicable to the Products.
: Software identified in the Use Rights for Server Products that Customer is permitted to use on any device in conjunction with its use of server software.
Client Access Requirement
: Indicates whether or not a Server Product requires CALs for access by users and devices.
: Rights available to SA customers to use software for conditional disaster recovery purposes; refer to Servers – Disaster Recovery Rights section of Appendix B – Software Assurance for details.
: Permitted lower editions corresponding to specified higher editions. Customer may use the permitted lower edition in place of a licensed higher-level edition, as permitted in the Universal License Terms.
Extended Term Eligible
: Online services that are eligible for an extended term as described in the Enterprise and Enterprise Subscription licensing agreement.
External User Access Requirement
: Indicates specific license requirements or options for access by External Users.
: An SA benefit that allows Customer to run passive fail-over Instances of the Product in conjunction with software running on the Licensed Server, in anticipation of a fail-over event. Passive fail-over Instances may be run in either a separate OSE on the Licensed Server or on a different Server dedicated to Customer’s use. Fail-Over Rights apply only if the number of licenses that otherwise would be required to run the passive fail-over Instances does not exceed the number of licenses required to run the corresponding production Instances. This SA benefit requires SA for the License Server and access license, if any
Government Community Cloud (U.S. only)
: Online Services that are available exclusively to the Community. Use Rights for government community cloud services are equivalent to those of their standard multi-tenant equivalents unless otherwise noted. Qualifying Online Services are offered as government community cloud services and non-government community cloud services. Customers may be provisioned as one or the other but not a mix of both. Online Services designated as government community cloud may not be deployed in the same domain with specific non-government community cloud services.
: Indicates other Microsoft components included in a Product; refer to the Included Technologies section of Universal License Terms for details.
: Rights available to SA customers either to reassign licenses outside the standard timelines or to use Products on multi-tenant servers outside their own datacenters; refer to License Mobility section of Appendix B – Software Assurance for details.
: Terms and conditions governing deployment and use of a Product.
: Customer may be able to upgrade from prior versions of the software or other Products under special terms published in the Product Entry or Product List as indicated. Customer may also have non-standard downgrade rights to use prior versions of the same or other Products in place of the licensed version.
: Indicates that certain additional conditions must be met in order to purchase Licenses for the Product.
: Indicates that certain additional conditions must be met in order to purchase SA coverage for the Product.
: Earlier versions of Product and their Date Available.
: Identifies the notices applicable for a Product; refer to the Notices section of the Universal License Terms for details.
Online Subscription Program (OSP)
: The Product is available in an Online Subscription program.
: Indicates the grouping of Products that the Product belongs to for the purposes of determining pricing discounts. There are three Product pool categories; Application, Server and System.
Product-Specific License Terms
: Indicates that Product-Specific terms and conditions governing deployment and use of the Product are included below the Use Rights table.
: Indicates that limited time offers apply to the Product as described in Appendix E – Promotions.
Qualified User Exemption
: Exemption applicable to users who access Products solely under one of these licenses. These users are exempt from being counted as a Qualified User under Customer’s volume licensing agreement, notwithstanding anything to the contrary in that agreement.
: An Online Service for a customer that has an Enterprise Enrollment, Enterprise Subscription Enrollment, Microsoft Azure Enrollment or Enrollment for Education Solutions can report a reduction in licenses or Allocated Annual Commitment.
Reduction Eligible (SCE)
: Products for which a Server & Cloud Enrollment customer can report a reduction in subscription licenses or future Allocated Annual Commitment after 12 continuous months.
: An SA benefit that permits the Primary User of a Licensed Device certain access and use rights. The Primary User may use a Qualifying Third Party Device to (i) remotely access and use permitted Instances or copies of the software running on Servers dedicated to Customer’s use, (ii) locally use a permitted Instance or copy in a Virtual OSE, or (iii) locally access a permitted Instance or copy of the software on a USB drive via Windows to Go, in each case solely for work-related purposes while the user is not on Customer’s premises. No other user may use the software under the same License at the same time. Despite anything to the contrary in Customer’s volume licensing agreement, Qualified Desktops and Devices do not include any Qualifying Third Party Devices from which Customer’s users access and use the software and any (other) enterprise product solely under Roaming Rights.
SA Equivalent Rights
: Software SLs acquired under a Server and Cloud Enrollment or Microsoft Products and Services Agreement provide the same SA rights and benefits during the term of the Subscription as Licenses with SA coverage.
: An SA benefit that permits use of Products for conditional hosting purposes; refer to the Servers – Self Hosted Applications section of Appendix B – Software Assurance for details.
SA Benefits Pool
: Indicates the category of the Product for purposes of determining SA Benefits broadly applicable to that Product Pool, as listed in in Appendix B – Software Assurance.
Student Use Benefit
: The option for Institutions that license a qualifying Product for their Organization-wide Count to license a Product for use by their Students at no additional cost. The qualifying Product and the Product eligible for the Student Use Benefit are identified in the Product Entry. Such Student Licenses may not be counted toward minimum order requirements.
: A Product that is comprised of components that are also licensed separately. A suite is licensed under a single License that is assigned to a single user or device, and allows use of all of its components on the single device or by a single user to which it is assigned. The components of the Suite may not be separated and used on separate devices or by separate users.
: An Online Service subscription License that an Enterprise or Enterprise Subscription customer can order via the true-up or annual order process rather than monthly.
: An Up to Date Discount is a discount available to Open Value Subscription customers ordering licenses for Product during the first year of their agreement if they have a License for the corresponding qualifying Product.
Cell Values are used in the Program Availability table in each of each Product Entry to identify how the Product is offered in each program. The volume licensing program agreements define these offering types.
= Additional Product: The Product is offered as an Additional Product.
= Additional Product Organization Wide: The Product is offered as an Additional Product orderable organization-wide.
= Enterprise Product: The Product is offered as an Enterprise Product, but not a desktop.
= Education Desktop: The Product is offered as an education desktop platform product with either Enterprise CAL Suite or Core CAL Suite under Enrollment for Education Solutions and Open Value Subscription – Education Solutions.
= Enterprise Online Service: The Online Service is offered as an enterprise Online Service or platform Online Service and satisfies the Enterprise Product requirements. EO for Core CAL and Enterprise CAL Suite require the corresponding CAL Suite Bridge.
= Open Minimum: Each License counts solely as 5 Licenses for purposes of the initial order minimum in Open License and Open Value.
= Organization-wide: Available under the Organization-wide option.
= Non-Organization Wide in Open Value: The Product is offered on a non-Organization Wide basis in Open Value.
= School Desktop Platform Product: The Product is offered as a school desktop platform product with either Enterprise CAL Suite or Core CAL Suite under Campus and School Agreement. An SD is counted as three units.
= Student Offering: The Product is offered as a Student Offering and must be ordered for the full Student Count.
= Server and Tools Product: The Product is a server and tools product offered under the Server and Cloud Enrollment.
= United States Government Community Cloud Service: The Online Service is offered as a United States Government Community Cloud Service.
Column Headings appear in the Program Availability table for each Product Entry and organize program availability information by program, offering type, points and availability dates.
= Date Available: The date a Product is first available, designated as month/year. For software, it is the earlier of the date Microsoft makes licenses available for ordering or available for download from the Volume Licensing Services Center (VLSC).
= Enterprise Agreement and Enterprise Subscription Agreement: Includes Enterprise and Enterprise Subscription Enrollments, including the Server Cloud Enrollment.
= Enrollment for Education Solutions: Includes Enrollment for Education Solutions and the School Enrollment under the Campus and School Agreement (CASA).
= License: Point value designated for the software License indicated. If point value is parenthesis, that is the value for CASA.
= License and SA: Point value designated when License and SA is offered for purchase at the same time.
= Microsoft Products and Services Agreement.
= Open License: Open License includes Open License, Open License for Academic, Open License for Government, and Open License for Charity, where available.
Open Value and Open Value Subscription: Includes Open Value, Open Value Subscription, Open Value for Government, and Open Value Subscription for Government.
= Open Value Subscription – Education Solutions.
= The value assigned to a Product used to calculate the volume pricing level applicable to Customer’s volume licensing agreement.
= Software Assurance: Point value designated when SA is offered for the software indicated.
= Select and Select Plus: This also includes Select for Academic, Select Plus for Academic, Select for Government, and Select Plus for Government.
means Academic Purchasing Account on MPSA, Academic Select License, Select Plus for Academic, Campus and School Agreement, or Open Value Subscription – Education Solutions.
means a license that is purchased in addition to (and associated with) a previously acquired Qualifying License (or set of Qualifying Licenses). An Add-on license is assigned to a single Qualified User (as defined in Customer’s Enrollment) or to the same Server or device as the Qualifying License(s). For any Add-on User SL not appearing individually in OST, the license terms applicable to a full User SL for the same service apply.
means a CAL that must be used on conjunction with a base CAL.
Additive External Connector License
means an External Connector License that must be used in conjunction with a base External Connector License.
means client access license, which may be assigned by user or device, as appropriate. A user CAL allows access to corresponding version of the server software or earlier versions of the server software from any device by one user. A device CAL allows access to corresponding versions of the server software or earlier versions of the server software from one device by any user. CALs allow access to server software running on Customer’s Licensed Servers only.
CAL Equivalent License
means a User SL or External Connector License identified in a Product’s “Server Software Access” table, or a CAL suite or SL, as identified in the CAL Equivalent Licenses Table, Appendix A, as applicable. A CAL suite is a CAL Equivalent License only if Customer purchased the License after the Server Product’s Date Available or if Customer had active SA coverage as of the Date Available.
means an OSE running a client operating system.
Clustered HPC Application
means a high performance computing applications that solves, in parallel, complex computational problems, or a set of closely related computational problems. Clustered HPC Applications divide a computationally complex problem into a set of jobs and tasks which are coordinated by a job scheduler, such as provided by Microsoft HPC Pack, or similar HPC middleware, which distributes these in parallel across one or more computers operating within an HPC cluster.
means a device that is dedicated to running Clustered HPC Applications or providing job scheduling services for Clustered HPC Applications.
means a numerical value associated with a specific Physical Processor for purposes of determining the number of Licenses required to license all of the Physical Cores on a Server.
Cycle Harvesting Node
means a device that is not dedicated to running Clustered HPC Applications or job scheduling services for Clustered HPC Applications.
External Connector License
means a License assigned to a Server dedicated to Customer’s use that permits access to the corresponding version of the server software or earlier versions of the server software by External Users.
means users that are not either Customer’s or its Affiliates’ employees, or its or its affiliates’ onsite contractors or onsite agents.
means either a Physical Core or a hyper-thread in a Physical Processor.
High Performance Computing (HPC) Workload
means a workload where the server software is used to run a Cluster Node and is used in conjunction with other software as necessary to permit security, storage, performance enhancement and systems management on a Cluster Node for the purpose of supporting the Clustered HPC Applications.
is a feature of Windows Server that utilizes a virtual operating system environment. Each Hyper-V Container is considered to be one Virtual OSE.
means an image of software that is created by executing the software’s setup or install procedure or by duplicating an existing Instance.
means the right to download, install, access and use a Product.
means a single physical hardware system to which a License is assigned. For purposes of this definition, a hardware partition or blade is considered to be a separate device.
License Mobility through Software Assurance Partner
means an entity identified at http://www.microsoft.com/licensing/software-assurance/license-mobility.aspx and authorized by Microsoft to host customers’ software on shared servers.
means a single Server, dedicated to Customer’s use, to which a License is assigned. For purposes of this definition, a hardware partition or blade is considered to be a separate Server.
means the single person to whom a License is assigned.
Management License (ML)
means a License that permits management of one or more OSEs by the corresponding version of the server software or any earlier version of the server software. There are two categories of Management Licenses: Server Management License and Client Management License. There are three types of Client Management Licenses: User, OSE and device. A User Management License permits management of any OSE accessed by one user; an OSE Management License permits management of one OSE accessed by any user; a device Management License (Core CAL or Enterprise CAL Suite) permits management of any OSE on one device.
Management License Equivalent License
means a User SL identified in a Product’s “Management License” table, or a CAL suite or SL, as identified in the Management License Equivalent Licenses Table, Appendix A, as applicable. A CAL suite is a Management License Equivalent License only if Customer purchased the license after the Server Products’ Date Available or if Customer had active SA coverage as the Date Available.
Managing an OSE
means to solicit or receive data about, configure, or give instructions to the hardware or software that is directly or indirectly associated with the OSE. It does not include discovering the presence of a device or OSE.
Operating System Environment (OSE)
means 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 instances of applications, if any, configured to run on the operating system Instance or parts identified above. A physical hardware system can have one Physical OSE and/or one or more Virtual OSEs.
means a core in a Physical Processor.
means an OSE that 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 is considered part of the Physical OSE.
means a processor in a physical hardware system.
is an offering for certain Products that provides access to security updates and bulletins that Microsoft makes available after a Product version is no longer covered by Extended Support.
means the user who uses a Licensed Device more than 50% of the time in any 90 day period.
means any Physical or Virtual OSE running a production workload or accessing production data, or Physical OSE hosting one or more Virtual OSEs running production workloads or accessing production data.
Qualifying Third Party Device
means a device that is not controlled, directly or indirectly, by Customer or its Affiliates (e.g., a third party’s public kiosk).
means an Instance of software that is loaded into memory and for which one or more instructions have been executed. (Customer “Runs an Instance” of 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.
means subscription License that allows access to software or a hosted service for a defined period of time.
means a physical hardware system capable of running server software.
means a single data center or two data centers each physically located either in time zones not more than four hours apart, or within the EU or EFTA. A data center can be moved from one Server Farm to another, but not on a short-term basis. (EU is European Union; EFTA is European Free Trade Association).
means a license purchased in addition to (and associated with) a previously acquired base license. For any Step-up User SL not appearing individually in the OST, the license terms applicable to the equivalent full User SL apply.
means the unit of processing power in a virtual hardware system. A Virtual Core is the virtual representation of one or more hardware threads.
means an OSE that is configured to run on a virtual hardware system.
(also referred to as “Internet Web Solutions”) are publicly available web pages, websites, web applications, web services, and/or POP3 mail serving. For clarity, access to content, information, and applications served by the software within an Internet Web Solution is not limited to Customer’s or its affiliates’ employees.
Software in Internet Web Solutions is used to run:
Windows Server Container
is a feature of Windows Server software.
Windows Software Components
Rights to access server software running on Customer’s Licensed Servers or to Manage OSEs are available under CAL suites and Online Services SLs. If a cell is shaded blue in a server’s row, the CAL suite or SL in that column satisfies the License requirement for access to (or management of) that Server Product’s base or additive functions. CAL suites must be purchased after the Product’s Date Available or have active SA coverage on such date to satisfy access requirements for the current version of the Server Product.
Office 365 Enterprise
Enterprise Mobility + Security
Secure Productive Enterprise
Dynamics 365 Enterprise
Exchange Server 2016 Standard
Exchange Server 2016 Enterprise
SharePoint Server 2016
Microsoft Audit and Control Management Server 2013
Skype for Business Server 2015
Windows MultiPoint Server 2016 Premium (Academic only)
Windows Server 2016 Standard
Windows Server 2016 Data Center
Advanced Threat Analytics 2016
System Center Configuration Manager 1606
Microsoft Dynamics 365 (On-premises)
Proj. Service Automation
Note: Office 365 Education E1 and Office 365 Nonprofit E1 do not satisfy the License requirement for access to (or management of) the Products in this table. A license for the Core CAL and Enterprise CAL Suite includes with active SA coverage provides rights equivalent to System Center Endpoint Protection 1606. A license for the Enterprise CAL Suite with active SA coverage provides rights equivalent to Data Loss Prevention and Exchange Online Protection.
Customer may use the Online Services and related software as expressly permitted in Customer’s volume licensing agreement. Microsoft reserves all other rights. Customer must acquire and assign the appropriate subscription licenses required for its use of each Online Service. Each user that accesses the Online Service must be assigned a User SL or access the Online Service only through a device that has been assigned a Device SL, unless specified otherwise in the Online Service-specific Terms. Attachment 2 describes SL Suites that also fulfill requirements for User SLs. Customer has no right to use an Online Service after the SL for that Online Service ends.
If any of the terms below are not defined in Customer’s volume licensing agreement, they have the definitions below.
“Customer Data” means all data, including all text, sound, video, or image files, and software, that are provided to Microsoft by, or on behalf of, Customer through use of the Online Service.
“External User” means a user of an Online Service that is not an employee, onsite contractor, or onsite agent of Customer or its Affiliates.
“Instance” means an image of software that is created by executing the software’s setup or install procedure or by duplicating such an image.
“Licensed Device” means the single physical hardware system to which a license is assigned. For purposes of this definition, a hardware partition or blade is considered to be a separate device.
“Non-Microsoft Product” means any third-party-branded software, data, service, website or product, unless incorporated by Microsoft in an Online Service.
“Online Service” means a Microsoft-hosted service to which Customer subscribes under a Microsoft volume licensing agreement, including any service identified in the Online Services section of the Product Terms. It does not include software and services provided under separate license terms (such as via gallery, marketplace, console, or dialog). The Product Terms is located at http://go.microsoft.com/?linkid=9839207.
“Operating System Environment” (OSE) means all or part of an operating system Instance, or all or part of a virtual (or otherwise emulated) operating system Instance, that enables separate machine identity (primary computer name or similar unique identifier) or separate administrative rights, and Instances of applications, if any, configured to run on all or part of that operating system Instance. There are two types of OSEs, physical and virtual. A physical hardware system can have one physical OSE and/or one or more virtual OSEs. The operating system Instance used to run hardware virtualization software or to provide hardware virtualization services is considered part of the physical OSE.
“SL” means subscription license.
When Customer renews or purchases a new subscription to an Online Service, the then-current OST will apply and will not change during Customer’s subscription for that Online Service. When Microsoft introduces features, supplements or related software that are new (i.e., that were not previously included with the subscription), Microsoft may provide terms or make updates to the OST that apply to Customer’s use of those new features, supplements or related software.
Microsoft may make commercially reasonable changes to each Online Service from time to time. Microsoft may terminate an Online Service in any country where Microsoft is subject to a government regulation, obligation or other requirement that is not generally applicable to businesses operating there. Availability, functionality, and language versions for each Online Service may vary by country. For information on availability, Customer may refer to www.microsoft.com/online/international-availability.aspx.
At all times during the term of Customer’s subscription, Customer will have the ability to access and extract Customer Data stored in each Online Service. Except for free trials, Microsoft will retain Customer Data stored in the Online Service in a limited function account for 90 days after expiration or termination of Customer’s subscription so that Customer may extract the data. After the 90-day retention period ends, Microsoft will disable Customer’s account and delete the Customer Data.
The Online Service may not support retention or extraction of software provided by Customer. Microsoft has no liability for the deletion of Customer Data as described in this section.
Customer may need to install certain Microsoft software in order to use the Online Service. If so, the following terms apply:
Customer may install and use the software only for use with the Online Service. The Online Service-specific Terms may limit the number of copies of the software Customer may use or the number of devices on which Customer may use it. Customer’s right to use the software begins when the Online Service is activated and ends when Customer’s right to use the Online Service ends. Customer must uninstall the software when Customer’s right to use it ends. Microsoft may disable it at that time.
Microsoft may automatically check the version of any of its software. Devices on which the software is installed may periodically provide information to enable Microsoft to verify that the software is properly licensed. This information includes the software version, the end user’s user account, product ID information, a machine ID, and the internet protocol address of the device. If the software is not properly licensed, its functionality will be affected. Customer may only obtain updates or upgrades for the software from Microsoft or authorized sources. By using the software, Customer consents to the transmission of the information described in this section. Microsoft may recommend or download to Customer’s devices updates or supplements to this software, with or without notice. Some Online Services may require, or may be enhanced by, the installation of local software (e.g., agents, device management applications) (“Apps”). The Apps may collect data about the use and performance of the Apps, which may be transmitted to Microsoft and used for the purposes described in this OST for Customer Data.
The software may contain third party software components. Unless otherwise disclosed in that software, Microsoft, not the third party, licenses these components to Customer under Microsoft’s license terms and notices.
Microsoft may make Non-Microsoft Products available to Customer through Customer’s use of the Online Services (such as through a store or gallery, or as search results). If Customer installs or uses any Non-Microsoft Product with an Online Service, Customer may not do so in any way that would subject Microsoft’s intellectual property or technology to obligations beyond those expressly included in Customer’s volume licensing agreement. For Customer’s convenience, Microsoft may include charges for the Non-Microsoft Product as part of Customer’s bill for Online Services. Microsoft, however, assumes no responsibility or liability whatsoever for the Non-Microsoft Product. Customer is solely responsible for any Non-Microsoft Product that it installs or uses with an Online Service.
Neither Customer, nor those that access an Online Service through Customer, may use an Online Service:
Violation of the terms in this section may result in suspension of the Online Service. Microsoft will suspend the Online Service only to the extent reasonably necessary. Unless Microsoft believes an immediate suspension is required, Microsoft will provide reasonable notice before suspending an Online Service.
Customer must comply with, and may not work around, any technical limitations in an Online Service that only allow Customer to use it in certain ways. Customer may not download or otherwise remove copies of software or source code from an Online Service except as explicitly authorized.
Microsoft will comply with all laws and regulations applicable to its provision of the Online Services, including security breach notification law. However, Microsoft is not responsible for compliance with any laws or regulations applicable to Customer or Customer’s industry that are not generally applicable to information technology service providers. Microsoft does not determine whether Customer Data includes information subject to any specific law or regulation. All Security Incidents are subject to the Security Incident Notification terms below.
Customer must comply with all laws and regulations applicable to its use of Online Services, including laws related to privacy, , biometric data, data protection and confidentiality of communications. Customer is responsible for implementing and maintaining privacy protections and security measures for components that Customer provides or controls (such as devices enrolled with Microsoft Intune or within a Microsoft Azure customer’s virtual machine or application), and for determining whether the Online Services are appropriate for storage and processing of information subject to any specific law or regulation. Customer is responsible for responding to any request from a third party regarding Customer’s use of an Online Service, such as a request to take down content under the U.S. Digital Millennium Copyright Act or other applicable laws.
Customer’s use of any Import/Export Service is conditioned upon its compliance with all instructions provided by Microsoft regarding the preparation, treatment and shipment of physical media containing its data (“storage media”). Customer is solely responsible for ensuring the storage media and data are provided in compliance with all laws and regulations. Microsoft has no duty with respect to the storage media and no liability for lost, damaged or destroyed storage media. All storage media shipped to Microsoft must be shipped DAP Microsoft DCS Data Center (INCOTERMS 2010). Storage media shipped to Customer will be shipped DAP Customer Dock (INCOTERMS 2010).
Microsoft may provide Customer with information and notices about Online Services electronically, including via email, through the portal for the Online Service, or through a web site that Microsoft identifies. Notice is given as of the date it is made available by Microsoft.
Most, but not all, SLs may be reassigned. Except as permitted in this paragraph or in the Online Service-specific Terms, Customer may not reassign an SL on a short-term basis (i.e., within 90 days of the last assignment). Customer may reassign an SL on a short-term basis to cover a user’s absence or the unavailability of a device that is out of service. Reassignment of an SL for any other purpose must be permanent. When Customer reassigns an SL from one device or user to another, Customer must block access and remove any related software from the former device or from the former user’s device.
While Customer uses an Online Service, Customer may use the fonts installed by that Online Service to display and print content. Customer 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 print content.
Hardware or software that Customer uses to pool connections; reroute information; reduce the number of devices or users that directly access or use the Online Service (or related software); or reduce the number of OSEs, devices or users the Online Service directly manages (sometimes referred to as “multiplexing” or “pooling”) does not reduce the number of licenses of any type (including SLs) that Customer needs.
Online Services may be available for purchase as Suites of Online Services. If, in the table below, a cell is shaded blue in an Online Service’s row, the Suite SL for the column the cell is in fulfills the SL requirements for the cell’s Online Services.
Mobility + Security
Microsoft Dynamics 365 Enterprise Edition
Exchange Online Kiosk
Exchange Online Plan 1
Exchange Online Plan 2
SharePoint Online S1
SharePoint Online Plan 1
SharePoint Online Plan 2
Skype for Business Online
Skype for Business Online Plan 2
Skype for Business Online Cloud PBX
Skype for Business Online PSTN Conf.
Office 365 Business
Office 365 ProPlus
Microsoft My Analytics
Office 365 Advanced Compliance
Office 365 Advanced Security Manage
Office 365 Threat Intelligence
Microsoft Power BI Pro
Office 365 Advanced Threat Protection