[ubuntu-za] Microsoft Schools agreement for South African Schools
Phillip Pare
phillip.pare at up.ac.za
Thu Aug 23 12:41:05 BST 2007
Hi all
I mentioned previously on this list my involvement with a Limpopo school
that is running an Ubuntu based Tuxlab. The teachers are very keen to
run MS software as Microsoft is promising them software at a reduced
cost on condition that they sign the following agreement.
Has anybody had any experience with this kind of agreement? I am rather
cautious about advising the School to sign it because of Microsoft's
reputation in some quarters.
More particularly I am concerned about paragraph 4 where the following
statement is made:
In order to run the most current version of a Microsoft operating system
(Windows) your Users must always have a valid license for an operating
system on each Eligible PC on which the Software is run.
Furthermore Microsoft is not prepared to offer any extended support.
They say in paragraph 9:
You are entitled to free telephone support in connection with the
installation of the Software and two subsequent free telephone calls for
support. No other free support with respect to the Software is provided
under this School Agreement.
This is not entirely unreasonable as someone has to pay their support
staff salaries. What is the experience of other schools?
Regards
Phillip Pare
SOUTH AFRICAN SCHOOL AGREEMENT FOR MICROSOFT Software (2006)
Each School that wants to participate in the South African Government
Schools Software Program Agreement must be listed in Attachment A to the
South African Provincial Education Department Agreement for Microsoft
Software and it must complete and sign this South African School
Agreement for Microsoft Software (this “School Agreement”).
1. Licensee Information
Name of participating School (hereinafter in this School Agreement “you”)
Name of Provincial Education Department under which the school is
administered
Name of School District under which the school is administered
2. Who may take advantage of this School Agreement? You may sign this
School Agreement and participate under the South African Schools
National Software Program if you are either (a) a public pre-primary
school, primary school, secondary school, technical college or
institution or any other class of school as defined in the South African
Schools Act 84 of 1996 that falls under the jurisdiction of a provincial
education department and where the provincial education department pays
the salaries of the majority of the staff or (b) a pre-primary school,
primary school or secondary school that serves a special community (for
example a farm or mission school) and that we agree, to include under
this program (“School”). In order to be able to enter into this School
Agreement, you must be listed on Attachment A of the South African
Provincial Education Department Agreement for Microsoft Software.
At any time, we have the right to determine whether a School may or may
not participate in this program.
At any time we may remove from attachment A any school that does not
meet the definition of School and any School that breached any contract
or is or has been engaged in fraud, misuse or piracy activities in
relation to the Software.
Any existing School Agreement with a School that is not listed in or is
removed from Attachment A may be immediately terminated by us by written
notice.
3. Definitions. In this School Agreement, the term “you” means the
School signing this School Agreement. The term “we” or “us” refers to
Microsoft Ireland Operations Limited. Our “affiliates” are companies
that we own, own us or that are under common ownership with us.
“Users” mean those teachers, staff, administrators and students of
Schools designated by each School to run the Software on Eligible PCs
identified by each School.
To “run” a product means to copy, use, access, display, run or
otherwise interact with it.
“Software” means the platform of the following software products:
Microsoft Windows Upgrade, or any successor product Upgrades; Microsoft
Office, Microsoft Works, Microsoft Encarta Reference Suite; Microsoft
Visual Studio, Microsoft Front Page, Microsoft Project, Microsoft
Publisher, Microsoft Visio Standard, Microsoft Core Client Access
License, Microsoft Exchange Client Access License and Microsoft SQL
Server Client Access License; and (check box if required) :
Microsoft Server Software (Windows Server / Exchange Server / SQL Server)
An “Eligible PC” means each laptop or PC that is (i) physically located
in and owned or leased by a School or (ii) at the option of each school,
any laptop or home PCs (which may be physically located outside the
School at the address listed for each teacher in Addendum B) owned or
leased by full time teachers permanently employed by such School and
which is a Pentium (or equivalent), PowerMac, iMac (or better), 286,
386, 486, other Apple, Unix or any other device that is capable of
running the Software. Eligible PCs must be listed on Addenda A or B,
as appropriate, to this School Agreement.
4. License Grant and applicable use rights. We grant your Users the
right to run the most recent version of the Software on Eligible PCs
during the term of this School Agreement, subject to the terms and
conditions, and restrictions, set out in this School Agreement. In
addition, we grant your Users the right to run a prior version of the
Software on Eligible PCs during the term of this School Agreement
provided that they already have duly granted with the appropriate
licenses. You and your Users must comply with the Product Use Rights
applicable to each version of each of the Software products. A copy of
the current Product Use Rights is provided with this School Agreement as
Addendum C. We may need to change the Product Use Rights during the
term of this School Agreement to accommodate the addition of new
versions of existing Software products. At every School Agreement
renewal, you will receive from us, together with the Acknowledgement
Letter, the latest version of the Microsoft Product Use Rights that will
be applicable from the date of such Acknowledgement Letter.
In order to run the most current version of a Microsoft operating system
(Windows) your Users must always have a valid license for an operating
system on each Eligible PC on which the Software is run.
For the purpose of this agreement it is assumed that all Eligible PC’s,
that existed in Schools at the time that the relevant South African
Provincial Education Department Agreement was signed, already had a
valid Operating System license. It is also assumed that any PC’s
supplied under a Microsoft recognised and licensed refurbishment program
have a valid license for an Operating System
You may run any prior version of the Software instead of the most recent
version. In addition, you may retain the Software on the media on which
it was supplied to you for back-up or archival purposes.
5. Restrictions on Use of the Software. Your rights under this School
Agreement are limited as follows:
We do not assign any copyright. Your rights and those of your Users are
expressly limited to the rights described in this School Agreement.
If a product is made up of components, you may not separate the
components by running them on different computers, by upgrading or
downgrading them at different times or by transferring them separately.
You may not sell, rent, lease or lend any copy of the Software. You may
not transfer any copy of the Software without our prior written consent.
You may not reverse engineer, decompile or disassemble the Software,
except to the extent expressly permitted by applicable law despite this
limitation.
6. Specification of Eligible PCs. This School Agreement includes a
description of all of the School’s Eligible PCs by location, make,
processor, random access memory, operating system and serial number
(fill in Addendum A). In addition, if you want the teachers employed by
you on a full time basis to be able to run the Software on Eligible PCs
owned or leased by them, either in the school or at home, you should
provide a description of such Eligible PCs as well as the teachers’
name, ID number and contact details (including address phone number and
email address (fill in Addendum B).
Please count your Eligible PCs as indicated below and fill in the count
in the boxes below:
1.
Number of Pentium (or equivalent), PowerMac, iMac (or better), 286, 386,
486, other Apple, Unix or any other devices physically located in the
School that your Users will use to run the Software
2.
Number of Pentium (or equivalent), PowerMac, iMac (or better), 286, 386,
486, other Apple, Unix or any other laptop or desktop PCs owned or
leased by teachers employed by you that your teachers will use to run
the Software
3.
Total Eligible PCs
(3=1+2)
7. Media. After submitting this fully and correctly completed and
signed School Agreement to the local Microsoft subsidiary, you will be
sent an Acknowledgement Letter, the media, where available, and/or
access to download websites containing the software you need to install
one copy of the Software on each of the Eligible PCs. The media may not
be reproduced, duplicated or provided to third parties. You may only
provide the media to designated teachers and/or administrators and such
access to media by teachers and/or administrators must be restricted and
regulated by you.
8. Protection of Intellectual Property Rights in the Software. The
Software is protected by intellectual property laws and international
treaties. No use of the Software may be made except as explicitly
granted in this School Agreement. You must ensure that your Users are
aware that the Software is protected intellectual property and may be
used only in accordance with the terms of the School Agreement. To this
end, you must notify your Users that (i) they are only licensed to
install and run the Software during the term of the School Agreement and
in accordance with its terms and (ii) if the School Agreement is not
renewed or is terminated, then the Software must be deleted and removed
from all Eligible PCs immediately or perpetual licenses must be
purchased for each copy. In addition, you agree to provide all
reasonable cooperation to us to investigate and remedy any unauthorized
copying, installation or distribution of the Software by any of your
Users or third parties copying the Software provided to you and to
cooperate with us to prevent such misuse. You will be primarily
responsible and liable to us in the event that you or one or more of
your Users fail to comply with this School Agreement.
9. Disabling Mechanisms and Limited Support Services. We reserve
the right to include in any copy of the Software any proactive technical
disabling mechanisms that would enable us, with a timed device, to
disable the Software once this School Agreement has expired or is
terminated. As a result, please be advised that you and your Users
could suffer data loss or other system errors or malfunctions if they
continue to run the Software after the termination or expiration of this
School Agreement. You are entitled to free telephone support in
connection with the installation of the Software and two subsequent free
telephone calls for support. No other free support with respect to the
Software is provided under this School Agreement.
10. Disclaimers. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
WE AND OUR AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES HOWEVER CAUSED
(INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES, DAMAGES FOR LOSS OF PROFITS, INTERRUPTION OF ACTIVITY, LOSS OF
INFORMATION, NEGLIGENCE, OR ANY OTHER LOSS WHATSOEVER), ARISING OUT OF
THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT. THIS LIMITATION
SHALL APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE SOFTWARE PRODUCT IS PROVIDED TO YOU "AS IS" WITHOUT
WARRANTY OF ANY KIND. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE
OF THE SOFTWARE PRODUCT IS ASSUMED BY YOU. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, CONDITIONS OR
OTHER TERMS, EITHER EXPRESS OR IMPLIED (WHETHER BY STATUTE, COMMON LAW,
COLLATERALLY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO WARRANTIES OF
SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, LACK OF
VIRUSES, LACK OF NEGLIGENCE, AND NON-INFRINGEMENT.
11. Facilitating Compliance. You must keep all usual and proper
records relating to the copying, distribution and use of the Software.
We reserve the right to audit you during the term of this School
Agreement and for a period of one (1) year thereafter, provided that
such audit(s) will be conducted during normal business hours and in such
a manner as not to interfere unreasonably with your Schools’ operations.
12. Term and Termination. After you submit this South African School
Agreement to us your Users will have the right to run the Software from
the moment you have received an Acknowledgement Letter from us
(“Effective Date”). This School Agreement will expire at the end of the
calendar year in which we send our Acknowledgement Letter to you, unless
otherwise stated in the Acknowledgement letter or unless terminated
earlier by us. All licenses will terminate automatically on expiration
of this School Agreement. Providing that the South African Provincial
Education Department Agreement will remain in effect, you may prevent
your right to run the Software from terminating at the expiration of the
School Agreement by submitting to us prior to the expiration date a new
and fully completed and signed School Agreement.
In the event of expiration and non-renewal or (early) termination of
this School Agreement, you must ensure that your Users immediately stop
using all copies of the Software and delete them from the Eligible PCs,
including from the Eligible PCs owned or leased by your teachers. You
must provide us upon our request with written confirmation that you and
your Users have stopped using the Software and that all copies thereof
have been removed from all Eligible PCs.
As evidenced by your signature below you acknowledge and agree that you
have read and understood this School Agreement and agree to be bound by
the terms and conditions of this agreement.
Name of Participating School:
Signed By (Electronic Signature):
(Please type your name in the box below)
Name:
Title:
Date:
Postal Address
Physical Address
Telephone Number
( )
Fax Number
( )
School Contact email Address
More information about the ubuntu-za
mailing list