SOUTH AFRICAN SCHOOL AGREEMENT FOR MICROSOFT
SOFTWARE (2004/2005)
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) :
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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).
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Please count your Eligible PCs as indicated below and fill in the count in the boxes below:
Number of Pentium (or equivalent), PowerMac, iMac (or better),
1. 286, 386, 486, other Apple, Unix or any other devices physically
located in the School that your Users will use to run the Software
Number of Pentium (or equivalent), PowerMac, iMac (or better),
286, 386, 486, other Apple, Unix or any other laptop or desktop PCs
2.
owned or leased by teachers employed by you that your teachers
will use to run the Software
Total Eligible PCs
3.
(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
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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
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Addendum A
Eligible PCs in your School
In order to legally license a personal computer based in your school YOU MUST PROVIDE THE
FOLLOWING DETAILS.
(Please note that you should fill out one line for each different brand of PC in your school)
(The total quantity should equal the number of PC’s specified under 6.1 [page 3])
(If your PC’s do not have a brand name please specify “NONAME BRAND” under ‘Make of PC’)
Quantity Make of PC Processor Type (e.g. Operating System (e.g.
‘486, Pentium I) MS DOS, Win 95, Win XP
Pro)
1
2
3
4
5
6
7
8
9
10
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Addendum B
Eligible PCs Owned or Leased by Teachers Employed full time by your
School
In order to legally license a home personal computer owned by a full time teacher in your school
YOU MUST PROVIDE THE FOLLOWING DETAILS, FOR EVERY PC TO BE LICENSED.
(The total quantity should equal the number of PC’s specified under 6.2 [page 3])
(If your PC’s do not have a brand name please specify “NONAME BRAND” under ‘Make of PC’)
Make of PC Operating Teachers Name ID Number E-Mail Address
System
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
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