Windows 10 license agreement. What is a license agreement? Terms of license agreements

Let's do it together.

2. Installation and Use Rights.
c. Restrictions. The manufacturer or installer and Microsoft retain all rights (for example, rights under the protection laws intellectual property) that are not expressly provided under this agreement. For example, this license does not give you the right:
(iii) hand over software (except as provided in this agreement);
transfer Windows 10 to the person who asked me about it

then the off-top asked for it. what if a person asks you to jump off the roof?

I read it, but I'm not sure that everything is clear to me, for example, for what reasons, at the request of another person, I cannot download and install Windows 10 so that he becomes a full user of Microsoft products.

I explain again:
- You have the right to download Windows 10 from official Microsoft sources (this applies not only to MS, otherwise no one would ever download, for example, Linux).
- You have the right to install a computer program on the basis of the Constitution of the Russian Federation (if you live in Russia), which guarantees you the right to work.
- the most important thing: for the user to become a full user of MS products - he or you owe these products buy!

What is the cost of the license? the version of Windows 10 that is being transmitted has a status of inactive.

well, bad. You must activate it (read EULA):

5. Authorized software and activation. You have the right to use this software, only if you have the appropriate license and software has been properly activated using a genuine product key or other approved method. When connected to the Internet while in use software it automatically contacts Microsoft or a Microsoft affiliate to activate and associate with a specific device. You can also manually activate the software over the Internet or by telephone. In any of these cases, some data will be transmitted, therefore Internet services, telephone connection or SMS messaging may apply. During activation (or reactivation, which may be required after device component changes), the software may determine that the installed instance is counterfeit, not legally licensed, or contains unauthorized modifications. If activation fails, the software will attempt to patch it by replacing the unlawfully altered Microsoft software with genuine Microsoft software. In addition, you may receive reminders to purchase an official software license. Successful activation does not constitute evidence that the software is genuine or properly licensed. It is prohibited to bypass the activation procedure in any way. Visit the web page (aka.ms/genuine) to verify that your software is genuine and properly licensed. Certain updates, support, and other services are offered only to users of genuine Microsoft software.
There is some kind of download license, there is such a phrase on the site ..
So what will be the basis for the MS for the court if there is no damage?

The foundation will not be with the MC, but with the one to whom you are " handed over"Windows. But there will already be claims from the MC.

The PC was given for temporary use and is subject to return, the client keeps his Windows 10 for himself or if he wants to give it to me, where are the violations in front of the MC in such a relationship?
counter question: if a customer transfers you a Windows 10 license - how do you prove that the license is genuine? If you do not prove it, there will be claims from the MS. The same applies to the client if he keeps the license for himself.

Microsoft Basic Licensing Principles

The software is protected from unauthorized copying by copyright laws. Copyright laws provide that the author (publisher) of the software retains several exclusive rights, one of which is the right to make copies of the software.

Acquisition software product Is the acquisition of a license (right) to use it. Each program used requires a license. The terms of the license are fixed in the End User License Agreement (EULA).

Licensing rights generally differ for different product categories:

  • Personal operating systems, desktop applications, games, multimedia programs are licensed according to the principle - one license for one computer. It doesn't matter how much individuals uses a computer.
  • Development tools are licensed according to the principle - one license for one individual.
  • Server products generally assume two licensing schemes: server / client licensing (a server license for installation on a server plus CALs for devices or users accessing server services) or processor core licensing (server computing power is licensed by cores used in servers) ..

Methods for purchasing licenses

In case of purchasing boxed and OEM versions of products, Microsoft recommends keeping all components of the purchased software package (license agreement, media, documentation, registration card coupon, certificate of authenticity), as well as a receipt / invoice confirming the fact of the purchase of the product.

What gives compliance with this rule:

  • The presence of the listed components serves for law enforcement agencies to confirm the legality of the client's use of the software.
  • Under the terms of the license agreement, when transferring the rights to use the product to another person, the customer is obliged to transfer all components of the product.

Some products are delivered in an electronic format of the end user license agreement - the text of the agreement is displayed on the screen when the product is installed. In this case, we recommend that you print out the license agreement and store it with the rest of the package.

Programs for government organizations

Microsoft offers special pricing and volume licensing terms for eligible government organizations of all sizes.

For medium and small government organizations

  • Open License for Government. The purchase is simplified as much as possible, payment is made once. Software Assurance can be purchased separately.
  • Open Value for Government. Simplified license management, predictable software costs and payment in installments. This option includes Software Assurance.
  • Open Value Subscription for Government. All the benefits of an Open Value for Government agreement with a lower upfront cost. The organization accesses Microsoft software licenses for the term of the agreement through a subscription-based licensing model. Eligible government organizations can also receive an Open Value Subscription for one year.

Software Assurance

Software Assurance is a comprehensive service offering that maximizes the value of your software investment. It combines access to latest versions programs with 24/7 phone support, partner consulting, training, and IT tools to help customers deploy, manage and migrate software.

For medium and large government organizations

  • Enterprise Agreement for Government. Simplified license management within a single agreement, predictable software costs and payment in installments. This option includes Software Assurance.
  • Enterprise Subscription Agreement for Government. Enterprise Agreement benefits with lower upfront costs with subscription licensing. An organization only gains access to Microsoft software licenses for the duration of the agreement, through a subscription-based licensing model. This option includes Software Assurance.
  • Microsoft Products and Services Agreement. The Microsoft Products and Services Agreement (MPSA) consolidates all purchases under a simplified agreement that allows you to purchase both online services and locally installed software. Purchasing accounts allow you to choose flexible purchasing options for software and provide additional control. Software Assurance can be purchased separately.
  • Select Plus for Government. If your organization does not qualify for an MPSA, you can acquire licenses for on-premises Microsoft software and services at any level, from department to affiliate, while maintaining all the benefits of a single organization through the Select Plus Agreement. With it, you can buy licenses as needed under a single agreement without a specific expiration date. Clients are assigned a single identifier for easy management account... Software Assurance can be purchased separately.
  • Cloud services for government organizations. The Microsoft Enterprise Agreement, Microsoft Products and Services Agreement, and the Open offer government organizations the option to purchase additional online services. This allows you to go to cloud technologies during the term of the existing agreement at a convenient pace.

Programs for educational institutions

When choosing the most suitable volume licensing program for educational institutions, consider the size of the institution, the type of institution, and the preferred method of purchasing licenses for Microsoft software and online services. There are two types of programs: subscription-based and permanent licenses.

Subscription licenses

Subscription entitles you to use licensed products (plus upgrades and previous versions provided by the program) during the term of the license. A subscription is fine educational institutions who need:

  • Access to the latest technology with minimal upfront costs.
  • Convenient accounting of users and computers: only once a year.
  • Conformity regulatory requirements by providing all users (or computers) with licensed software for a year.
  • Automatic access to Software Assurance.

Permanent licenses

By purchasing permanent software licenses, an organization gains the right to use the software indefinitely. A permanent license is perfect for educational institutions that need:

  • Owned software licenses.
  • Purchase of a certain number of licenses with a one-time payment.
  • Software Assurance is an optional add-on.

Conditions

The following types of educational institutions are generally eligible to acquire licenses through specialized Microsoft Volume Licensing programs:

  • Schools.
  • Offices and administrations of education.
  • Public libraries and museums.

To compare the options available and find the right licensing program for your institution, visit

Microsoft Corporation has presented a licensing agreement for the new OS, which will apply to all users without exception. Ed Bott, an American journalist and IT specialist, analyzed the main points of the presented document and concluded that the company offers acceptable conditions for cooperation and work, so numerous clients can easily switch to the new version of Windows.

Transferring a license to another personal computer

The user is allowed to transfer the licensed version of the OS to any other device if he removed it from the previous one. If the device has an OEM license, then the transfer is not possible. Similar rules were valid for the previous versions of the system.

Downgrade to the old version

If purchased Personal Computer with an OEM license, it is allowed to rollback the Pro version to any other OS, if it is still supported. It is worth recalling that version 7 will be available until 2020, 8.1 - until 2023. The rollback process, as Bott notes, can be significantly complicated from the programmatic side of the issue.

Security updates and changes

The terms of the agreement provide that an ordinary user has no right to refuse or postpone the installation of updates. Especially, this process will be fully automatic. The installer will check for new files on the servers and then download and install them. Once accepted, the PC owner automatically agrees that updates will take place without their knowledge. It's worth noting that updating your operating systems corporate clients will be able to manually.

Commercial use of MS Office

In some editions, 10s (most likely referring to Mobile) have MS Office programs that users can use exclusively for non-commercial purposes. If you require otherwise, you need to purchase Office 365 Business.

The American expert is convinced that Microsoft is unlikely to ever demand a fee for downloading new files: “It's hard to imagine that the corporation gives out billions of licensed copies for free, so that after that it will demand money for updates. The company has such a solid image that it’s ridiculous and impossible in principle. ”

While Microsoft's most frivolous fans are puppy-like installing Windows 10, their wiser counterparts are scrutinizing the license agreement. Recall that the trial version of Windows 10 contained many conditions that were unacceptable for a sane person. Are these points preserved in the final version?
Problem # 1: Microsoft collects and stores the history of web pages visited by the user, passwords to sites, names of access points to which the user connected, and passwords to them. The problem is that the data is tied to a Microsoft account, the password for which can be hacked or stolen. In this case, the attacker will be able to find out literally everything about his victim. In addition, US law requires IT companies to disclose information about their clients at the request of the court and intelligence services. It turns out that in fact the user himself collects and submits a dossier that can be used against him.
Of course, data synchronization can (and should) be turned off. Microsoft decided to enable this option by default. Apparently in the hope that the majority Windows users 10 are unlikely to become interested in the details of the implementation of this so-called synchronization.
Problem # 2: the virtual assistant Cortana, which many have already called the virtual spy Cortana. Under the Windows 10 license agreement, Microsoft for the operation of Cortana has the right to collect different types user data:
user coordinates;
fragments of mail correspondence and SMS;
data on calls made: who called whom, how often.
data about scheduled events from the custom calendar;
data from the contact book;
and etc.
In addition, for the operation of the service, information about the use of your device will be collected: for how long the alarm is set, what music is on the device, what programs were installed, what were made search queries etc. Of course, the user's voice samples will also be sent to Microsoft servers for processing.
It should be noted that for Russian users, some of the functions will traditionally not work, including Cortana.
Problem # 3: Tracking users by a third party. We already know that Windows 10 will be stuffed with ads. This explains the "generosity" of Microsoft, which decided to give away Windows 10 for free. In order to inventory all advertising consumers, they will be assigned a unique advertising ID. Advertisers will have access to this number. In other words, marketers will be able to track user behavior. Like all the other "innovations" in Windows 10, user tracking by unique number was borrowed (see article "Have you already got your inventory number from Google?").
Don't forget to turn off advertising ID sharing on all your Windows 10 devices!
Problem number 4. The encryption key is also kept by Microsoft. It's amazing, but if you encrypted your data on your device with staff program BitLocker, then not only you, but also Microsoft will have the data access key. V Windows licenses 10 states that the password will be copied to the OneDrive servers controlled by Microsoft. As mentioned earlier, the company will be obliged to issue this key at the request of the authorized bodies, which makes encryption in Windows 10 completely meaningless.
Don't forget to install third party program encryption you can trust.
Problem # 5. Microsoft may control your data. This is just a marvelous clause in the Windows 10 license:
We will access, disclose and preserve personal data, including your content (such as the content of your emails, other private communications or files in private folders), when we have a good faith belief that doing so is necessary to protect our customers or enforce the terms governing the use of the services.
Personal correspondence, local files and other personal information can be disclosed not only at the request of the authorities, but simply if Microsoft thinks it is necessary for some kind of protection of their customers.

Many of us have installed any programs on a computer at least once, and so at the beginning of the installation of any application, it is suggested to read some text with subparagraphs and put a tick below "I have read and agree with the requirements". This text is called the software license agreement. Most people do not even read this kind of information, and this is because it will be much easier for the current person not to pay attention to it than to devote 10 minutes of their time to reading. Let's take a closer look this question and make sure that reading and delving into the essence of such texts is a must for every software user.

General concepts

Let's start with the very concept of a license agreement (hereinafter referred to as a drug) - on the transfer of rights to use licenses, know-how, trademarks, etc.

The owner of the invention, who gives his consent to the use of the patent, is called the licensor, and the one who receives the permission is called the licensee.

Let's briefly outline the responsibilities of both.

The licensor is responsible for:

  • ensuring the ability to exercise the rights transferred to them;
  • the novelty and relevance of the invention;
  • the cost-effectiveness of the patent under the contract;
  • timely payment;
  • transfer of all innovations developed during the term of the agreement.

The licensee is responsible for:

  • timely payment of remuneration;
  • adherence to technical and quality standards in order to maintain the reputation of the licensor;
  • immediate notification in case of patent infringement;
  • safety of confidential data, in case of loss of which the licensee is obliged to compensate for all damage associated with this situation.

Classification

There are the following types of agreements:

  1. Patent licenses. Agreements of this type are often used in industrial production, in the transfer of certain technologies with the subsequent right to use them. Often times, this type of arrangement is legally protected. Also, licenses of this type can be divided into several - for trademarks, inventions, industrial products and others ...
  2. Know-how licenses. Here, patents can be the latest technology, a technique that is at the stage of development, but has a perspective, unique information about a particular invention. Since know-how refers to patents that can be created by any person, both his registration and transfer of rights are formalized as separate drugs. For example, in the United States, it is customary that many companies transfer their designs by way of an agreement rather than a patent. Because in the case of a patent, you have to reveal the essence of the technology.
  3. Mixed licenses (complex). In the world, pure licensing is rarely used in any industry. To take advantage of this or that invention, you will have to make every effort to pass checks, etc. In such situations, the advantages of a mixed license are manifested. The essence of this agreement lies in the fact that first the prototype "know-how" itself is executed, and only then, when checking its operability, the deal is already concluded. From a legal point of view, this approach is ideal, since in case of failure, you can cancel the previously agreed situation, as well as under the contract (if it is spelled out in it) to receive compensation for incorrectly invested funds. On the other hand, the downside is that this procedure will take a long time, and is costly on the part of the financial component.

Types of agreements on the scope of transferred rights

  1. Simple - it is also sometimes called non-exclusive. Here the licensor himself can use his knowledge and developments, and can transfer them to licensees. Multiple transactions with the same agreement in the relevant market are allowed. That is, the transaction that was completed does not imply the nature of the attachment of one license to a specific owner. The licensor retains the right to sell his development to anyone other than those whose names are indicated in the agreement. It follows that it is possible that the seller and the buyer of technology can meet in the same market and face competition.
  2. Exclusive - this type of license vetoes the use of its own technology by the licensor, and in turn, the licensee has the full right to enter the market after the conclusion of the agreement. V in this case the risk of meeting in the same market between them is reduced to zero, but if one of the participants violates the rules, then the offender will have to compensate for the damage.
  3. Complete - the licensor abandons his idea, all rights to own it pass to the licensee for the duration of the contract.
  4. Open - the license is issued in a special patent office. Any interested person is entitled to it, while the patent fee is two times lower than the initial value.
  5. Compulsory - the transfer of the rights to use the object to other interested users through the competent authorities.

Now let's talk directly about drugs in the computer field. The essence is no different from the usual agreements described above. With the help of a license, the creator of the software (hereinafter referred to as software) issues ultimatums, upon observance of which the user is given the right to use the application.

Basically, they can be divided into two large groups: free use (free and open) and non-free (commercial, that is, paid). There is also a type that belongs to both the first and the second group, this is a shareware license, the trick is that you can use the product, but not in the full range of its capabilities, until you pay full version.

  • Free - Freeware, GPL, Adware, Postcardware, Donationware, Nagware / Begware.
  • Open source - open source software that is subject to modification and change
  • Shareware - ShareWare, TrialWare, Demoware.
  • Commercial - the purpose of those is to benefit, profit from the user and give him a product key with which he can work with the software.

Types of licensing

OEM (from English Original Equipment Manufacturer - the original manufacturer of the product). This view is often used in relation to the Windows operating system. Its peculiarity is that it is available only to collectors and sellers. computer technology... The price is an order of magnitude lower and it comes together with the computer itself. That is, when buying a computer, the user can work with a certain program that is already registered. It can only be used on one computer.

Full Package Product is the so-called "boxed" version of the product. It is a complete software package for further installation and use. It includes:

  • packaging with COA certificate of authenticity pasted on;
  • EULA documentation;
  • installation disc ON;
  • registration 25-character product key.

This version is suitable for all categories of users. FPP is considered the most expensive among all licensing types, but the cost depends on the version you want to purchase. For example, a business will be much more expensive than a home business or an academic one. But the peculiarity is that the "box" version can be installed on different computers, but a certain number of times.

VolumeLicensing is a very convenient way out of a situation when you have a headquarters of one hundred people, and each has a PC. When ordering one such version, the license is received by a certain number of devices, which was specified in the application. Everything is registered to a specific person, and he is also given keys for the purpose of activating products on computers.

Often, with such orders, companies try to make all kinds of discounts for customers and provide them with high-quality technical support. This the best solution on the this moment for any company. There are two types of such licenses:

  • Company-wide (purchase of rights for all devices listed in the enterprise in installments, in other words, standardization of the enterprise).
  • Noncompany-wide (purchase for several groups of computers).

The difference between them is that discounts and benefits are most often provided for the first type. The advantages of this type of licensing:

  • General electronic license for the entire enterprise, which allows you to place new orders.
  • Reduction of expenses for the purchase of original software.
  • Timely and high-quality technical support with the ability to call a specialist.
  • Free upgrade software, the ability to install Office products on other devices with the ability to transfer data and save the product license.

A profitable version that is suitable for large companies that from time to time need high-quality technical support and a non-standard solution to a particular situation.

Subscription- the user buys his product and pays for it, figuratively speaking, in "credit". A subscription to this type of purchase requires monthly or annual payments. This type is convenient for companies that buy more than ten licenses. Advantages:

  • Easy to manage all licenses.
  • The ability to use all software updates immediately after their release.
  • A 5% discount for registering more than 250 PCs, or for purchasing all three types.
  • 50% discount on the first payment if the devices already have old software versions installed.
  • A profitable program for government agencies.

This version is for those who are not sure how long they will need this product, or those who will need this software for a short time.

EULA

EULA (End User License Agreement - license agreement "> license agreement with the user) - when installing the software, a window appears in which you are asked to accept certain conditions in order to gain access to a particular program. This is a document that regulates user rights in the license granted to him. It contains information such as the number of possible installations software, the ability to transfer it to another computer, the presence of Microsoft technical support, whether you need to activate this software.

Windows License Terms

As an example, we will look at the terms of the OEM version. The rights to use such versions are controlled by the EULA. It includes the following license agreement rules:

  • only manufacturers or those who assembled PCs should open the box with the OEM version of products;
  • in turn. the assembler does not have the right to use the product that he installs on the device, he sells it to third parties (with the exception of the operating Windows system Server, it can be transferred without installation to others);
  • the purchaser who purchased the computer will be required to obtain technical support Software from the manufacturer;
  • the collector transfers the complete set of the license to the user.

The license package includes:

  • Media (disk) for recovering data on the device (recently large producers computer technicians are abandoning this practice, but if they require a request to Microsoft, then physical distributions will be prepared for a specific OEM version).
  • A certificate confirming the authenticity of the operating system. For stationary PCs, it is glued either to the monitor or to system unit, for laptops or portable - on the lower part of the case, but if the device has a removable cover, then the license icon is attached under it and the information is reported that it is located there.
  • Documents and memos for working with the software, which includes the terms of the license agreement, which must be in print and in electronic form;

In case of unforeseen circumstances, in order to make sure that your device has official version product, the manufacturer may request to show the sticker referred to above.

Windows 10 LAN features and updates

With the release of a new Windows versions many users started downloading and installing it at breakneck speed. Indeed, the updated interface, beautiful animations, multitasking, the speed of the new operating system - all this is on the highest level... The license agreement for Windows 10 has also been updated. But in fact, there are some negative qualities of Windows 10 that will make you think about it before putting it as an OS. Below we describe what are the pros and cons of the new drug.

Let's start with the pros in formal arrangements:

  • The right to transfer your Windows 10 license to another computer. Indeed, a very tempting function, because earlier it was impossible to transfer your system to other machines. But unlucky for those who acquired their operating system(OEM version) together with a PC, in this case the transfer will not be possible. The same rules apply for 7 and 8.1.
  • The right to go to more old version... If you buy, for example, a laptop with a pre-installed OEM version, then you are in for a pleasant surprise. If you do not like the new OS or want to see the good old seven and it is more convenient to work with it, then thanks to this function you have the legal authority to downgrade to previous version unless the ten-year support period has expired. That is, Windows 7 will be available for the transition until 2020, and Windows 8 until 2023.
  • According to the terms of the new Windows license agreement, the user does not have the right to cancel the automatic download. windows updates 10, now this process will be automatic. Windows program Update, from time to time will check your computer for updates, and install them without permission. On the one side, this approach makes it easier to work at the computer, since you do not need to look for any updates on the Internet and then suffer with their installation, on the other hand, this can lead to some malfunctions in the operation of the device. "By accepting these rules, you agree to receive automatic updates without further notice "- stated in the user agreement.

Now let's look at the cons:

  • User data synchronization function with Microsoft server. Honestly, it's not a good idea to win the trust of users around the world. It allows you to save your personal data, such as your browser history and the passwords entered in it, the names and passwords of the wireless access points you use. Of course, synchronization can be canceled, but from the very beginning of use it is in the default mode.
  • Many were surprised that Cortana is allowed to collect various types of user data, such as:

User location coordinates;

Data on phone calls, at what time and how many there were;

Fragments of correspondence by mail and sms messages;

Events scheduled on your calendar.

  • Encryption keys with which you can encrypt all data on your computer using famous program BitLocker, as stated in the license, will persist in the One Drive cloud, which, in turn, is subject to Microsoft. These actions by the company make encryption in Windows 10 meaningless. We recommend that you install a trusted third-party encryption program.
  • And the most piquant thing is that now the corporation can dispose of your data. Quote from LS:

We will access, disclose and preserve personal data, including your content (such as the content of your emails, other private communications or files in private folders), when we have a good faith belief that doing so is necessary to protect our customers or enforce the terms governing the use of the services.

Personal correspondence, local files and other personal information can be disclosed not only at the request of the authorities, but simply if Microsoft thinks it is necessary for some kind of protection of their customers.

"The license agreement could not be found" is a Windows error during installation.

Sometimes users who want to install a brand new OS are faced with one problem, which later turns out to be very easy to solve. "The program could not find a license agreement"> license agreement "- something like this is the wording of our trouble. this problem happens for three reasons:

  1. Problems with the ISO file - such problems happen due to the fact that the user downloads the assembly from pirated resources, where they are collected by beginners and amateurs who are not very different from you and me, and experiment on users. The solution to this problem will be the downloaded distribution kit from the official site, recorded again on another medium.
  2. Incorrect recording of the distribution image - the problem arises due to a minor error when mounting it on solid state drive... This kind of error can be corrected by a new recording or by changing the program for burning discs.
  3. Malfunction or problems with flash or DVD media - the name reveals the very essence. Malfunction in the device itself, from which the boot files are installed. The logical solution would be to change the device, but it should be noted that such an action requires good gadgets bought in a specialized store. Because buying a flash card somewhere on the street, you not only run the risk of running out of money, but also bring in a malicious virus.

Summary

In conclusion, I would like to note that in modern world it is very important to respect the rights of those who are trying to make life easier for ordinary people. In cyberspace, this can be done through rules, licenses and conditions that are not too difficult to comply with. Hope you read this article, have sorted out all aspects of the licensing agreements, and you will not have any questions related to this topic.