MICROSOFT EVALUATION SOFTWARE LICENSE TERMS
MICROSOFT SQL SERVER 2016 EVALUATION
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the evaluation software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
•	updates,
•	supplements,
•	Internet-based services, and
•	support services
for this software, unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE.
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 2016 (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.
We collect data about how you interact with this software. This includes data about the performance of the services, any problems you experience with them, and the features you use. This also includes data about your device and the network you use to connect to our services, including IP address, device identifiers, regional and language settings. It includes information about the operating systems and other software installed on your device, including product keys. By using this software, you consent to Microsoft’s collection of usage and performance data related to your use of the software.

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If you comply with these license terms, you have the rights below.
1.	INSTALLATION AND USE RIGHTS. 
a.	Installation and Use.
•	You may install and use any number of copies of the software on your devices. You may use the software only to demonstrate and internally evaluate it.
•	You may not use the software in a live operating environment unless Microsoft permits you to do so under another agreement.
b.	Included Microsoft Programs. The software includes other Microsoft programs listed at http://go.microsoft.com/fwlink/?LinkID=298186. 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.
c.	SQL Server Reporting Services Map Report Item. Power View and SQL Reporting Services Map Item both include use of Bing Maps.  You may only use the content provided through Bing Maps, including geocodes, within Power View or SQL Reporting Services Map Item.  Your use of Bing Maps is also governed by the Bing Maps End User Terms of Use available at http://go.microsoft.com/?linkid=9710837 and the Bing Maps Privacy Statement available at http://go.microsoft.com/fwlink/?LinkID=248686.
d.	INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software. It may change or cancel them at any time.
2.	TIME-SENSITIVE SOFTWARE. The software will stop running one hundred eighty days after you install it. You will not receive any other notice. You may not be able to access data used with the software when it stops running.
3.	THIRD PARTY NOTICES. The software may include third party components with separate legal notices or governed by other agreements, as may be described in the ThirdPartyNotices file accompanying the software.  Even if such components are governed by other agreements, the disclaimers and the limitations on and exclusions of damages below also apply.
4.	.NET FRAMEWORK SOFTWARE. The software contains Microsoft .NET Framework software. This software is part of Windows. The license terms for Windows apply to your use of the .NET Framework software.
5.	Canada.  You may stop receiving updates by turning off the automatic update feature or by turning off Internet access. Refer to the product documentation to learn how to turn off updates for your specific device or software.
6.	SCOPE OF LICENSE. The software is licensed, not sold. Unless applicable law gives you more rights, Microsoft reserves all other rights not expressly granted under this agreement, whether by implication, estoppel or otherwise. You may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
•	disclose the results of any benchmark tests of the software, to any third party without Microsoft’s prior written approval;
•	work around any technical limitations in the software;
•	reverse engineer, decompile or disassemble the software, or otherwise attempt to derive the source code for the software except, and only to the extent: (i) permitted by applicable law, despite this limitation or (ii) required to debug changes to any libraries licensed under the GNU Lesser Public License that are included with and linked to by the software; 
•	make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
•	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
•	use the software for commercial software hosting services.
You also may not remove, minimize, block or modify any logos, trademarks, copyright, digital watermarks, or other notices of Microsoft or its suppliers that are included in the software, including any content made available to you through the software.
7.	EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
8.	SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.
9.	ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
10.	APPLICABLE LAW.
a.	United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b.	Outside the United States. If you acquired the software in any other country, the laws of that country apply.
11.	LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your 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 country if the laws of your country do not permit it to do so.
12.	DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS OR STATUTORY GUARANTEES UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
FOR AUSTRALIA - you have statutory guarantees under the Australian Consumer Law and nothing in these terms is intended to affect those rights.
13.	LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. 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 Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.