Universal License Terms

Universal License Terms apply to all Products licensed through disruptiveOps Volume Licensing (except where specifically noted in the License Model Terms and/or the Product-Specific License Terms).

Customer’s Use Rights

If Customer complies with its volume licensing agreement, it may use the software as expressly permitted in the Product Terms. Customer needs a License for each Product and separately licensed functionality used on a device or by a user.

Rights to Use Other Versions and Lower Editions

For any permitted copy or Instance, Customer may create, store, install, run or access in place of the version licensed, a copy or Instance of a prior version, different permitted language version, different available platform version (for example, 32 bit or 64 bit) or a permitted lower edition. The use rights for the licensed version still apply. Licenses for prior versions and lower editions do not satisfy the licensing requirements for a Product.

Third Party Software

The software may contain third party proprietary or open-source programs or components that are licensed under separate terms that are presented to Customer during installation or in the “ThirdPartyNotices” file accompanying the software. The software may also contain third party open-source programs that disruptiveOps, not the third party, licenses to Customer under disruptiveOps’ license terms.

Pre-Release Code, Updates or Supplements, Additional Functionality

disruptiveOps may offer updates or supplements to the Products. Customer may use the updates or supplements to the Products, pre-release code, additional functionality and optional add-on services to the Products, subject to specific terms (if any) that accompany them.

Restrictions

Customer may not (and is not licensed to) use the Products to offer commercial hosting services to third parties, work around any technical limitations in the Products or restrictions in Product documentation, or separate the software for use in more than one Operating System Environment (OSE) under a single License (even if the OSEs are on the same physical hardware system), unless expressly permitted by disruptiveOps. Rights to access the software on any device do not give Customer any right to implement disruptiveOps patents or other disruptiveOps intellectual property in the device itself or in any other software or devices.

Software Assurance

SA coverage may grant additional use rights to Customer. These additional rights end at the expiration of the SA coverage for the License, unless otherwise noted in the benefit description.

License Assignment and Reassignment

Before Customer uses software under a License, it must assign that License to a device or user, as appropriate. Customer may reassign a License to another device or user, but not less than 90 days since the last reassignment of that same License, unless the reassignment is due to (i) permanent hardware failure or loss, (ii) termination of the user’s employment or contract or (iii) temporary reallocation of CALs, Client Management Licenses and user or device SLs to cover a user’s absence or the unavailability of a device that is out of service. Customer must remove the software or block access from the former device or to the former user. SA coverage and any Licenses that are granted or acquired in connection with SA coverage may be reassigned only with the underlying qualifying License. Additional terms apply to the reassignment of Windows desktop operating system per device licenses, as detailed in the Windows Product Entry.

Technical Measures

disruptiveOps may use technical measures to enforce terms that restrict Customer’s use of certain versions of Product and may verify compliance with those terms as provided in Customer’s volume license agreement. Some Products are protected by technological measures and require activation or validation, as well as a product key, to install or access them.

Activation and validation

Customer shall use the appropriate product key provided by disruptiveOps for activation and validation of the software Product being installed by the Customer. Customer’s right to use the software after the time specified in the software Product may be limited unless it is activated. Customer is not licensed to continue using the software if it has unsuccessfully attempted to activate. Each device that has not activated by a Key Management Service (KMS) must use a Multiple Activation Key (MAK) or Azure AD-based Activation. Customer may not circumvent activation or validation.

Product Keys

An assigned product key is required for licensed use of the software. All product keys are Confidential Information of disruptiveOps. Notwithstanding anything to the contrary in Customer’s volume licensing agreement, Customer may not disclose product keys to third parties. Customer may not provide unsecured access to its key management service (KMS) machines over an uncontrolled network. In the event of unauthorized use or disclosure of product keys or KMS keys, disruptiveOps may prevent further activations, deactivate or block product keys from activation or validation, and take other appropriate action.

Notices

Where indicated in the Use Rights section of each Product Entry, the following notices apply:

Internet-based Features

Software Products may contain features that connect and send information over the Internet, without additional notice to Customer, to disruptiveOps’ systems and those of its Affiliates and service providers. Use of that information is described in the terms accompanying the internet-based features and Product documentation. Unless stated otherwise, disruptiveOps is a controller of Personal Data processed in connection with Customer’s use of Internet-based features in software Products. When disruptiveOps is a controller for Internet-based features, disruptiveOps will handle the Personal Data in accordance with the disruptiveOps Privacy Statement.

Included Technologies

Products may include other disruptiveOps technology components subject to their own license terms, as indicated in the Use Rights section of each Product Entry. If separate terms for these components are not addressed in the Product-Specific License Terms, they may be found in a separate folder in the Product’s installation directory or through the Product’s unified installer.

Software Plus Services

disruptiveOps may provide services with Products through software features that connect with disruptiveOps or service provider computer systems over the Internet. It may change or cancel the services at any time. Customer may not use the services in any way that could harm them or impair anyone else’s use of them. Customer may not use the services to try to gain unauthorized access to any service, data, account, or network by any means.

Processing of Personal Data; GDPR

To the extent disruptiveOps is a processor or subprocessor of Personal Data in connection with a software Product, disruptiveOps makes the commitments in the Data Protection Addendum, including for any processing for business operations incident to providing the software Product. When disruptiveOps is a controller, disruptiveOps will handle Personal Data in accordance with the Product documentation and disruptiveOps Privacy Statement. Please see the Product documentation for details on any processing of Personal Data in connection with software Products and Customer’s configuration options.