Trying to PreOrder Vista Ultimate x64

D

Daze N. Knights

Thank you for the clarification.
The licenses are perpetual, the subscriptions are yearly. The
subscription gives you access to all the current offerings etc. etc.
including the software with the perpetual license. Once the subscription
expires you no longer receive the CDs, DVDs nor have access to the
download site etc. But the software you received has perpetual license
and you can continue to use what you received by post or downloaded.
Although IANAL, I have come across nothing that has contradicted that
and I have read the various EULAs and that is the common practice and
Microsoft has never contradicted it in word nor deed AFAIK.
 
D

Daze N. Knights

And thank *you* for the clarification, too.

MSDN is basically a one year subscription just as is TechNet. There are
some two-year licenses through the Open License program.

I don't know about the TechNet Direct software licenses but MSDN
licensed software can be used, within the original terms of the license,
perpetually - even after your subscription expires.

From the MSDN Licensing FAQ at
http://msdn2.microsoft.com/en-us/subscriptions/aa948864.aspx:

"When a subscription expires, do the licenses terminate or are they
still valid?
MSDN subscriptions have a perpetual license, so subscribers can still
use the products received with their MSDN subscription after their
subscription has expired."

I had to sign in to get to the link for that page so I don't know if you
can get to it without a subscription or not. I guess you probably can;
I just knew where to find the link in the protected pages.

Dale
 
R

Robert Blacher

Somehow, the above message got slaughtered by a beta of Windows Live Mail,
so, I am re-posting:

Robert Blacher said:
Yup.

See also:

http://technet.microsoft.com/en-us/subscriptions/ms772427.aspx which is
the FAQ. Both the EULA and the FAQ need some updating. They pre-exist
TechNet Plus Direct.

I assume it doesn't violate anything to paste the following from the
TechNet Subscriber Download page (some idiot lawyer, ahem, will tell me
this is a copyright problem):
_________________________________________________________________________________________________________________
Announcements License Terms
This web site contains updated versions of certain software provided with
your TechNet subscription. The software provided via this web site is
licensed under the same terms and conditions contained in the Microsoft
Software License Terms you acquired either in your initial TechNet
subscription download or shipment, whichever applies. The TechNet license
terms document is also available for reference at "TechNet EULA."

As stated in the TechNet license terms, you may have additional rights or
restrictions to the TechNet license terms included with the software
license terms. You must review any such software license terms before you
exercise any of the rights described therein. By exercising a right, you
agree to be bound by the terms described in the license terms. If you do
not agree to the license terms, you are not authorized to install, copy,
or otherwise use the respective software.

TechNet Plus Is Now Online!
Every time you come to TechNet Plus online, you will get the latest
subscription news including updates on new software available on
Subscriber Downloads, information from the TechNet Plus team in the
subscription blog, and tips and tricks for getting the most our of your
subscription.
____________________________________________________________________________________________________________________

"TechNet EULA" in the first paragraph links to the EULA to which you linked.

The blog mentioned in the last line can, I think!, be read by anyone. Try
this link: http://blogs.technet.com/technetplussubscriptions/rss.xml

The blog "team" seems absolutely thrilled at how many people are downloading
Vista RTM. That goes back to my sense that MS sees a great marketing
thingie here re: early adopters, opinion-shapers, etc. But, it may also
just be some MS kids who run TechNet Plus Direct, which is quite new, who
are getting patted on the heads by their bosses for selling so many
subscriptions in the last few weeks!

And, if I write any more about this, I am going to start charging MS a sales
commission and each of you a legal fee! Kidding! of course.
 
S

Saucy

What's to flame? You are keeping according to the license. You probably have
a "per person" license, so the software is for your use and is not meant to
be used by family, friends, business associates and neighbours etc. I live
with my brother. He has a powerful new computer, but I won't share the 'ware
'cause it's against the license and I want to keep within my rights
according to the EULA. So what?
 
R

Robert Blacher

I thought it likely that my comment that " Vista RTM ain't ready for my wife
and kid who do not take necessary precautions to protect themselves from
data loss" was actually more provocative that the licensing stuff. Guess I
was wrong (so far).
 
S

Saucy

Inline:


Robert Blacher said:
I should NOT write this reply. I am an idiot for doing so. That said:

Dale:

You quoted from the TechNet Plus EULA. Let's take it phrase-by-phrase.

"You may use the evaluation software only to evaluate it."

Yup, that one is in plain English, albeit amazingly redundant -- you can
only evaluate our evaluation software? IMHO, it is legally meaningless
and intentionally unenforceable in all but the most ludicrous and
egregious cases of flagrant disregard of other provisions of the EULA, but
....


Yeah, it's open to interpretation and utilizes the honour system for the
most part. So just be respectful, avoid abuse .. and quit worrying.

"You may not use it in a live operating, in a staging environment or with
data that has not been sufficiently backed up."

Oops, they should have run Word's grammar checker on that one. What is a
"live operating"? Did they mean "live operating environment"? Live
operating room (no surgeons allowed?).


Exactly. No operations use. No running the company's financial accounts. No
producing the firm's engineering designs. The use has to be focused on
evaluation and testing. One must realize that if the software is just put to
general use that Microsoft expects one to buy a proper license. One can run
Technet SQL Server 2005 and setup a database, test stuff and so on. But one
cannot then turn around and use that Technet SQL Server to run the show ..
it's not "kosher". Sure you can use the software, but in the circumscript
sense. It's clearly not an exact science and it does make use of the honour
system. But you are honourable, so don't sweat it.

Is "staging environment" a term of art in sufficiently wide usage that it
will be recognized and enforced by a court?


No one wants to find out. One would have to research the law for that -
sorry but no time for that.

As for the last bit, about making sure your data is backed up, AHAH!, now
we have a clue as to how to construe this whole sentence! That's a CYA --
cover your butt -- because beta software is on TechNet and they don't want
to be sued by someone who blows away the records of a a Fortune 500
company by running this on their accounting server there? So, don't use
it in a mission critical place and for, god's sake, back up your data is
what that sentence means and is intended to protect MS, not restrict the
licensee.


Likely. It's also just plain good practice.
 
S

Saucy

I don't quite get what you are saying but you seem like a kindly gentleman.
Don't worry.

God Bless
Bye.
 
D

Dale

I paid for my MSDN license for Visual Studio Team Suite. I have one for
work from my company but I have my own for home. Before that came out, I
had paid for whatever the top level was before - Premium, I think.

Dale
 
S

Stuart

Thanks to all for your opinons and thoughts.

I hope you can understand my disbelief, when considering that the product
must be being loaded onto trucks imminently if not already, that even
Microsoft don't seem to know what they've put in the box!

If this was, and appears to be, such a frequently asked question then the
answer should appear in a FAQ on the MS site.

I don't want an upgrade, I never bought XPx64.

The Vista symbol should be the Hourglass.ani! Please Wait!

Cheers
 
C

Colin Barnhorst

Thanks for posting confirmation on the retail media kit. I assume that was
the full edition, right? Any idea about the contents of the Upgrade Edition
kit?
 

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