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Agmt 2003 Dynix Corporation
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Agmt 2003 Dynix Corporation
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Last modified
8/20/2009 4:52:10 PM
Creation date
8/20/2009 4:51:22 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
6/20/2003
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PERM
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Reso 2003-143
(Approved by)
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\City Clerk\City Council\Resolutions\2003
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SQL Server (collectively "Tools"). You may only use the Tools for internal use in conjunction <br />with your Server Software. <br />Version Matching. Any CAL must have the same or later version number than the corresponding <br />version number of the Server Software being used. <br />c. Use of Redistributable Code. In addition to the rights granted above, Licensor grants you the <br />nonexclusive, royalty-free right to use, reproduce and distribute the Microsoft SQL Server Desktop <br />Engine ("MSDE") and the files listed in the REDIST.TXT contained in the Product (collectively, the <br />"Redistributable Code"), provided that you also comply with the following: <br />i. General Requirements. If you choose to redistribute any portion of the Redistributable <br />Code, you agree: <br />A. To distribute the Redistributable Code in object code form and only in conjunction <br />with and as a part of a software application product developed by you that adds <br />significant and primary functionality to the Product ("Application"); <br />B. Not to use Microsoft's name, logo, or trademarks to market the Application; <br />C. To include a valid copyright notice in your name on the Application; <br />D. To indemnify, hold harmless, and defend Licensor and Microsoft from and against <br />any claims or lawsuits, including attorney's fees, that arise or result from the use or <br />distribution of the Application; and <br />E. To otherwise comply with the terms of this EULA. <br />You also agree not to permit further distribution of the Redistributable Code by your end <br />users except you may permit further redistribution of the Redistributable Code by your <br />distributors if they only distribute the Redistributable Code in conjunction with, and as part of, <br />the Application and you and your distributors comply with all other terms of this EULA. <br />ii. Additional Requirements for MSDE. If you choose to redistribute MSDE, you also agree: <br />A. That your Application shall not substantially duplicate the capabilities of Microsoft <br />Access or, in the reasonable opinion of Microsoft, compete with same; and <br />B. That unless your Application requires your customers to license Microsoft Access in <br />order to operate, you shall not reproduce or use MSDE for commercial distribution in <br />conjunction with a general purpose word processing, spreadsheet or database <br />management software product, or an integrated work or product suite whose <br />components include a general purpose word processing, spreadsheet, or database <br />management software product except for the exclusive use of importing data to the <br />various formats supported by Microsoft Access. <br />Note: A product that includes limited word processing, spreadsheet or database <br />components along with other components which provide significant and primary <br />value, such as an accounting product with limited spreadsheet capability, is not <br />considered to be a" general purpose" product. <br />d. Reservation of Rights. Licensor and Microsoft reserve all rights not expressly granted to you in <br />this EULA. <br />e. Benchmark Testing. You may not disclose the results of any benchmark test of either the Server <br />Software or Client Software to any third party without Microsoft's prior written approval. <br />f. Downgrades. Instead of installing and using the Server Software, you may install and use one <br />copy of an earlier version of the Server Software on a single Server, provided that you completely <br />remove such earlier version and install the original Server Software within a reasonable time. Your <br />use of such earlier version shall be governed by this EULA, and your rights to use such earlier <br />version shall terminate when you install the original Server Software. <br />g. Use of SQL Server Personal Edition Not in Conjunction with Server Software. You may <br />install and use SQL Server Personal Edition on your internal Devices without installing or using the <br />Server Software so long as SQL Server Personal Edition is used only in conjunction with the <br />integrated software turnkey application or suite of applications delivered by or on behalf of <br />Licensor of the Product (such application or applications referred to as the "Integrated <br />Application") as part of the Integrated Application. However, you must acquire a CAL for each <br />City of San Leandro -Page S-8 <br />CONFIDENTIAL AND PROPRIETARY <br />
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