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Microsoft° I Volume Licensing <br /> a. Product Use Rights. For Enterprise Products, if a new Product version has more restrictive <br /> use rights than the version that is current at the start of the applicable initial or renewal term <br /> of the Enrollment, those more restrictive use rights will not apply to the Enrolled Affiliate's use <br /> of that Product during the term. <br /> b. Qualifying systems Licenses. The operating system Licenses granted under this program <br /> is upgrade Licenses only. Full operating system Licenses are not available under this <br /> program. If Enrolled Affiliate selects any Desktop Platform, Windows Desktop Operating <br /> System Upgrade, or Windows Intune, all Qualified Devices on which Enrolled Affiliate expects <br /> to run the Windows Desktop Operating System Upgrade must be licensed to run, and have <br /> installed on them, one of the qualifying operating systems identified in the Product List. Note <br /> that the list of operating systems that qualify for the Windows Desktop Operating System <br /> Upgrade varies with the circumstances of the order. That list is more extensive at the time of <br /> the initial order than it is for some subsequent orders and system refreshes during the term of <br /> this Enrollment. Exclusions are subject to change when new versions of Windows are <br /> released. <br /> For example: The following are not considered qualifying operating systems: (1) ANY <br /> Windows Home or Starter edition; (2) Embedded Systems; and (3) Linux. These are <br /> examples of exclusions only and may change. Please-.-see Product List for all current <br /> qualifying operating systems. " <br /> c. Transitions.The following requirements apply to$Tran§itions <br /> (i) Licenses with active Software Assurance or Subscription Licenses may „be Transitioned <br /> at any time if permitted in the Product ,(*::, While Enrolled Affiliate may Transition any <br /> time, it will not3be�`"able to reduce Licenses,or associated Software Assurance prior to the <br /> end of the Transition Period •s <br /> (n) If.a Transition is made back ao=a License that had actlue Software Assuranceas ofe the•date rof Transition, then Software'Assurance will n ed to bed,re ordered for all such <br /> Licenses on a prospective basis`following the Transition Period Software Assurance <br /> coverage may not exceed the quantitkofepe penal Licenses for which Software <br /> Assurance was current at the time;of any.,pnor Transition_ Software Assurance may not <br /> be applied to Licenses transferred by EnrolledsAffiliate Yi*::- <br /> (iii) If a device-based License is Transitioned`to'auser-based License, all users of the device <br /> must,belcensed as part of the Transition.- <br /> • <br /> F �(iv)mlf a user-based License is Transitioned to a•device-based License ll devices accessed <br /> - :by the user must be licensed as part of the Transition. <br /> d. Effect of Transition on Licenses. Transition will not affect` Enrolled Affiliate's rights in <br /> perpetual Licenses paid in full. <br /> (i) New version rights will be granted for perpetual Licenses covered by Software Assurance <br /> up to the end of the Transition Period. <br /> (ii) For L&SA not paid in full at the end of the Transition Period, Enrolled Affiliate will have <br /> perpetual Licenses for a proportional amount equal to the total of installments paid versus <br /> total amounts due (paid and payable) for the Transitioned Product. <br /> (iii) For L&SA not paid in full or granted a perpetual License in accordance with the above or <br /> Subscription Licenses, all rights to Transitioned Licenses cease at the end of the <br /> Transition Period. <br /> 4. Pricing. <br /> a. Price Levels. For both the initial and any renewal term Enrolled Affiliate's Price Level for all <br /> Products ordered under this Enrollment are subject to Section 2(e)(i) of the Enterprise <br /> EA2011EnrGov(US)SLG(ENG)(Ju12011) Page 3 of 14 <br /> Document X20-02113 <br />