MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT SQL SERVER 2016 WEB
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
•	updates,
•	supplements,
•	Internet-based services, and
•	support services
for this software, unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE. INSTEAD, RETURN IT TO THE RETAILER FOR A REFUND OR CREDIT. If you cannot obtain a refund there, contact Microsoft or the Microsoft affiliate serving your country for information about Microsoft’s refund policies. See www.microsoft.com/worldwide. In the United States and Canada, call (800) MICROSOFT or see www.microsoft.com/info/nareturns.htm.
IMPORTANT NOTICE:  AUTOMATIC UPDATES TO 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 FOR EACH SERVER YOU PROPERLY LICENSE.
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 physical and/or virtual cores in the server.
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 is to designate that license to a server.
2.	USE RIGHTS.
2.1	Licensing a Server. Before you run instances of the server software on a server, you must determine the number of software licenses required and assign those licenses to that server as described below. 
2.2	Determining the Number of Licenses Required.  You have two license options:
(a)	Physical Cores on a Server. You may license based on all of the physical cores on the server.  If you choose this option, the number of licenses required equals the number of physical cores on the server subject to a minimum of four licenses per processor. 
(b)	Individual Virtual OSE. You may license based on the virtual OSEs within the server in which you run the server software.  If you choose this option, for each virtual OSE in which you run the server software, you need a number licenses equal to the number of virtual cores in the virtual OSE, subject to a minimum requirement of four licenses per virtual OSE. In addition, if any of these virtual cores is at any time mapped to more than one hardware thread, you need a license for each additional hardware thread mapped to that virtual core. Those licenses count toward the minimum requirement of four licenses per virtual OSE.  
2.3	Assigning the Required Number of Licenses to the Server.
(a)	Initial Assignment.  After you determine the number of software licenses required for a server, you must assign that number of licenses to that server. The server to which a license is assigned is considered the “licensed server” for such license. You may not assign a license to more than one server. A hardware partition or blade is considered a separate server.
(b)	Reassignment.  You may reassign a license, but not within 90 days of its last assignment. You may reassign a license sooner if you retire the licensed server to which the license is assigned 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.
2.4	Running Instances of the Server Software. Your right to run instances of the server software depends on the option chosen to determine the number of software licenses required:
(a)	Physical Cores on a Server.  For each server that you have assigned the required number of licenses as provided in Section 2.2(a), you may run on the licensed server any number of instances of the server software in the physical OSE. 
(b)	Individual Virtual OSE. For each virtual OSE for which you have assigned the required number of licenses as provided in Section 2.2(b), you have the right to run any number of instances of the server software in that virtual OSE.
2.5	Running Instances of the Additional Software. You may run or otherwise use any number of instances of the additional software listed below in physical or virtual operating system environments on any number of devices. You may use the additional software only with the server software directly, or indirectly through other additional software.
•	Client Tools Connectivity
•	Documentation Components
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	No Line of Business Applications.  The software may be used only to support public and Internet accessible Web
•	pages,
•	sites,
•	applications, and 
•	services.
It may not be used to support line of business applications (e.g. Customer Relationship Management, Enterprise Resource Management and other similar applications).
3.2	Maximum Instances.  The software or your hardware may limit the number of instances of the server software that can run in physical or virtual OSEs on the server.
3.3	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.
3.4	No Separation of Server Software. You may not separate the server software for use in more than one OSE under a single license, unless expressly permitted. This applies even if the OSEs are on the same physical hardware system.
3.5	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.
3.6	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.
4.   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.
5. 	INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software. It may change or cancel them at any time.
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. 
8.	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.
9.	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
•	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;
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.	ACADEMIC EDITION SOFTWARE. You must be a “Qualified Educational User” to use software marked as “Academic Edition” or “AE.” If you do not know whether you are a Qualified Educational User, visit www.microsoft.com/education or contact the Microsoft affiliate serving your country.
14.	DOWNGRADE. Instead of creating, storing and using the software, for each permitted instance, you may create, store and use an instance of an earlier version. This agreement applies to your use of the earlier version. If the earlier version includes different components, any terms for those components in the agreement that comes with the earlier version apply to your use of them. Microsoft is not obligated to supply earlier versions to you. At any time, you may replace an earlier version with this version of the software.
15.	PROOF OF LICENSE. If you acquired the software on a disc or other media, a genuine Microsoft Proof of License label with a genuine copy of the software identifies licensed software. To be valid, this label must appear on Microsoft packaging and may not be transferred separately. If you receive the label separately, it is invalid. You should keep the packaging that has the label on it to prove that you are licensed to use the software. To identify genuine Microsoft software, see www.howtotell.com.
16.	TRANSFER TO A THIRD PARTY. The first user of the software may transfer it and this agreement directly to a third party. Before the transfer, that party must agree that this agreement applies to the transfer and use of the software. The transfer must include the software and the Proof of License label. The first user may not retain any instances of the software unless that user also retains another license for the software.
The provisions of this section do not apply if you acquired the software as a consumer in Germany or in any of the countries listed on this site (aka.ms/transfer), in which case any transfer of the software to a third party, and the right to use it, must comply with applicable law.
17.	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.
18.	SUPPORT SERVICES. Microsoft provides support services for the software as described at www.support.microsoft.com/common/international.aspx.
19.	ENTIRE AGREEMENT. This agreement (including the warranty below), and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
20.	APPLICABLE LAW.
20.1	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.
20.2	Outside the United States. If you acquired the software in any other country, the laws of that country apply.
21.	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.
22.	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
A.	LIMITED WARRANTY. If you follow the instructions, the software will perform substantially as described in the Microsoft materials that you receive in or with the software.
REFERENCES TO “LIMITED WARRANTY” are references to the express warranty provided by Microsoft. This warranty is given in addition to other rights and remedies you may have under law, including your rights and remedies in accordance with the statutory guarantees under local Consumer Law. 
B.	TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES. THE LIMITED WARRANTY COVERS THE SOFTWARE FOR ONE YEAR AFTER ACQUIRED BY THE FIRST USER. IF YOU RECEIVE SUPPLEMENTS, UPDATES, OR REPLACEMENT SOFTWARE DURING THAT YEAR, THEY WILL BE COVERED FOR THE REMAINDER OF THE WARRANTY OR 30 DAYS, WHICHEVER IS LONGER. If the first user transfers the software, the remainder of the warranty will apply to the recipient.
TO THE EXTENT PERMITTED BY LAW, ANY IMPLIED WARRANTIES, GUARANTEES OR CONDITIONS LAST ONLY DURING THE TERM OF THE LIMITED WARRANTY. Some states do not allow limitations on how long an implied warranty lasts, so these limitations may not apply to you. They also might not apply to you because some countries may not allow limitations on how long an implied warranty, guarantee or condition lasts.
C.	EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your acts (or failures to act), the acts of others, or events beyond Microsoft’s reasonable control.
D.	REMEDY FOR BREACH OF WARRANTY. MICROSOFT WILL REPAIR OR REPLACE THE SOFTWARE AT NO CHARGE. IF MICROSOFT CANNOT REPAIR OR REPLACE IT, MICROSOFT WILL REFUND THE AMOUNT SHOWN ON YOUR RECEIPT FOR THE SOFTWARE. IT WILL ALSO REPAIR OR REPLACE SUPPLEMENTS, UPDATES AND REPLACEMENT SOFTWARE AT NO CHARGE. IF MICROSOFT CANNOT REPAIR OR REPLACE THEM, IT WILL REFUND THE AMOUNT YOU PAID FOR THEM, IF ANY. YOU MUST UNINSTALL THE SOFTWARE AND RETURN ANY MEDIA AND OTHER ASSOCIATED MATERIALS TO MICROSOFT WITH PROOF OF PURCHASE TO OBTAIN A REFUND. THESE ARE YOUR ONLY REMEDIES FOR BREACH OF THE LIMITED WARRANTY.
E.	CONSUMER RIGHTS NOT AFFECTED. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS, WHICH THIS AGREEMENT CANNOT CHANGE.
F.	WARRANTY PROCEDURES. You need proof of purchase for warranty service.
1.	United States and Canada. For warranty service or information about how to obtain a refund for software acquired in the United States and Canada, contact Microsoft at
•	(800) MICROSOFT;
•	Microsoft Customer Service and Support, One Microsoft Way, Redmond, WA 98052-6399; or
•	visit www.microsoft.com/info/nareturns.htm.
2.	Europe, Middle East and Africa. If you acquired the software in Europe, the Middle East or Africa, Microsoft Ireland Operations Limited makes this limited warranty. To make a claim under this warranty, you should contact either
•	Microsoft Ireland Operations Limited, Customer Care Centre, Atrium Building Block B, Carmanhall Road, Sandyford Industrial Estate, Dublin 18, Ireland; or
•	the Microsoft affiliate serving your country (see www.microsoft.com/worldwide).
3.	Australia. For warranty service and to claim expenses in relation to the warranty (if applicable) for software acquired in Australia, contact Microsoft at:
•	13 20 58; or
•	Microsoft Pty Ltd, 1 Epping Road, North Ryde NSW 2113 Australia.
4.	Outside United States, Canada, Europe, Middle East, Africa and Australia. If you acquired the software outside the United States, Canada, Europe, the Middle East and Africa and Australia contact the Microsoft affiliate serving your country (see www.microsoft.com/worldwide).
G.	NO OTHER WARRANTIES. THE LIMITED WARRANTY IS THE ONLY DIRECT WARRANTY FROM MICROSOFT. MICROSOFT GIVES NO OTHER EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. WHERE ALLOWED BY YOUR LOCAL LAWS, MICROSOFT EXCLUDES IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. If your local laws give you any implied warranties, guarantees or conditions, despite this exclusion, your remedies are described in the Remedy for Breach of Warranty clause above, to the extent permitted by your local laws.
FOR AUSTRALIA ONLY. In this paragraph, “goods” refers to the software for which Microsoft provides the express warranty. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Goods presented for repair may be replaced by refurbished goods of the same type rather than being replaced. Refurbished parts may be used to repair the goods.    

H.	LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY. THE LIMITATION ON AND EXCLUSION OF DAMAGES CLAUSE ABOVE APPLIES TO BREACHES OF THIS LIMITED WARRANTY.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM COUNTRY TO COUNTRY.