Legal

Microsoft Software

Terms of Use

This page relates to your use of Microsoft software, made available to you by xneelo as part of our services. This may include computer software, associated media, printed materials and online or electronic documentation (hereinafter collectively referred to as “ Software Products”).

xneelo is not the owner of the Software Products, and the use thereof is subject to rights and limitations imposed by Microsoft, which xneelo is required to bring to your attention. xneelo has no authority to change or waive these terms.

Your right to use the Software Products is subject to your agreement with xneelo and to your understanding of, compliance with, and consent to the following terms and conditions set out on this page.

1. Key Definitions

To make it easier to understand, here are a few key terms:

  • Client means software that allows a Device to access or utilise the services or functionality given by the Server Software.
  • Device means each computer, workstation, terminal, handheld PC, pager, telephone, personal digital assistant, “smart phone,” or other electronic device.
  • Self-Managed Server means a server for which xneelo provides hardware and facilitates licensing and installation, but for which you are solely responsible for ongoing operational management.
  • Server Software means software that gives services or functionality on a computer acting as a Server.
  • Redistribution Software means the software described in clause 4 (“Use of Redistribution Software”) below.

2. Ownership of Software Products

The Software Products are licensed to xneelo from an affiliate of the Microsoft Corporation (“Microsoft”). All title and intellectual property rights in and to the Software Products (and the constituent elements thereof, including but not limited to any images, photographs, animations, video, audio, music, text and “applets” incorporated into the Software Products) are owned by Microsoft or its suppliers. 

The Software Products are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Your possession, access, or use of the Software Products does not transfer any ownership of the Software Products or any intellectual property rights to you.

3. Use of Client Software

You may use the Client Software installed on your Devices by xneelo only in accordance with the instructions, and only in connection with the services provided to you by xneelo. The terms of this document permanently and irrevocably supersede the terms of any Microsoft End User License Agreement which may be presented in electronic form during your use of the Client Software.

4. Use of Redistribution Software

In connection with the services provided to you by xneelo, you may have access to certain “sample,” “redistributable”, and/or software development (“SDK”) software code and tools (individually and collectively “Redistribution Software”). You may not use, modify, copy, and/or distribute any redistribution software unless you expressly agree to and comply with certain additional terms contained in the Services Provider Use Rights (“SPUR”) applicable to xneelo, which terms must be provided to you by xneelo. Microsoft does not permit you to use any Redistribution Software unless you expressly agree to and comply with any additional terms provided to you by xneelo.

5. Copies and License Keys

5.1. Copies

You may not make any copies of the Software Products; provided, however, that you may (a) make one (1) copy of Client Software on your Device as expressly authorised by xneelo; and (b) you may make copies of certain Redistribution Software in accordance with Paragraph 4 (Use of Redistribution Software). 

You must erase or destroy all such Client Software and/or Redistribution Software upon termination or cancellation of your agreement with xneelo, upon notice from xneelo or upon transfer of your Device to another person or entity, whichever occurs first. You may not copy any printed materials accompanying the Software Products.

5.2. License Keys 

It is a violation to extract the license key from any software leased to you by xneelo.

6. Limitations 

You may not reverse engineer, decompile, or disassemble the Software Products, except and only to the extent that applicable law, notwithstanding this limitation, expressly permits such activity.

7. No Rental

You may not rent, lease, lend, pledge, or directly or indirectly transfer or distribute the Software Products to any third party, and you may not permit any third party to have access to and/or use the functionality of the Software Products except for the sole purpose of accessing the functionality of the Products.

8. Termination

Without prejudice to any other rights, xneelo may terminate your rights to use the Software Products if you fail to comply with these terms and conditions. In the event of termination or cancellation, you must stop using and/or accessing the Software Products, and destroy all copies of the Software Products and all of its component parts.

9.  Microsoft’s Role & xneelo’s Responsibilities

9.1. Warranties and Liability 

Any warranties, liability for damages and remedies, if any, are provided solely by xneelo and not by Microsoft or its affiliates or subsidiaries, and are strictly limited to the provisioning, licensing, and initial installation of the Software Products. xneelo does not provide warranties or accept liability for issues arising from the compatibility of the Software Products with your Self-Managed Server hardware or operating environment.

9.2. Product Support 

Any product support for the Software Products is provided to you by xneelo and is not provided by Microsoft or its affiliates or subsidiaries. xneelo’s support is limited to licensing, activation, and initial installation only. It does not include ongoing troubleshooting, maintenance or support for the compatibility of the Software Products with your Self-Managed Server hardware or third-party software.

10. Not Fault-Tolerant

The Software Products may contain technology that is not fault-tolerant and is not designed, manufactured, or intended for use in environments or applications in which the failure of the Software Products could lead to death, personal injury, or severe physical, property or environmental damage. 

For Self-Managed Servers, while xneelo provides the hardware and facilitates licensing and installation, you are solely responsible for the software’s ongoing operational integrity. This includes ensuring compatibility and implementing all necessary redundancy, backup, and fault-mitigation measures. Xneelo accepts no liability for failures or damages arising from the non-fault-tolerant nature of the software within your Self-Managed Server environment.

11. Export Restrictions

The Software Products are of U.S. origin for purposes of U.S. export control laws. You agree to comply with all applicable international and national laws that apply to the Software Products, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by the U.S. and other governments. 

For additional information, see Microsoft Exporting – Overview. 

Microsoft licensing service provider usage rights

Product usage rights are specific to each version. For detailed usage rights for each Microsoft product, please refer to the Services Provider Use Rights (SPUR) document. Pay particular attention to the following sections:

  • Universal License Terms: pages 4 – 7
  • License Model Terms: pages 7 – 9

Customers are required to use Windows licenses responsibly. When we become aware of an alleged violation of the Microsoft terms of use, we will initiate an investigation. During the investigation, we may restrict a customer’s access in order to prevent further potentially unauthorised activity.

Back to top