MICROSOFT LICENSE TERMS - INSTRUCTOR-LED COURSEWARE

These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to your use of the content accompanying this agreement which includes the media on which you received it, if any. These license terms also apply to Trainer Content and any updates and supplements for the Licensed Content unless other terms accompany those items. If so, those terms apply.

BY ACCESSING, DOWNLOADING OR USING THE LICENSED CONTENT, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT ACCESS, DOWNLOAD OR USE THE LICENSED CONTENT.

If you comply with these license terms, you have the rights below for each license you acquire.

1. DEFINITIONS.

• a. "Authorized Learning Center" means a Microsoft Imagine Academy (MSIA) Program Member, Microsoft Learning Competency Member, or such other entity as Microsoft may designate from time to time.

• b. “Authorized Training Session” means the instructor-led training class using Microsoft Instructor-Led Courseware conducted by a Trainer at or through an Authorized Learning Center.

• c. “Classroom Device” means one (1) dedicated, secure computer that an Authorized Learning Center owns or controls that is located at an Authorized Learning Center’s training facilities that meets or exceeds the hardware level specified for the particular Microsoft Instructor-Led Courseware.

• d. “End User” means an individual who is (i) duly enrolled in and attending an Authorized Training Session or Private Training Session, (ii) an employee of an MPN Member (defined below), or (iii) a Microsoft full-time employee, a Microsoft Imagine Academy (MSIA) Program Member, or a Microsoft Learn for Educators – Validated Educator.

• e. “Licensed Content” means the content accompanying this agreement which may include the Microsoft Instructor-Led Courseware or Trainer Content.

• f. “Microsoft Certified Trainer” or “MCT” means an individual who is (i) engaged to teach a training session to End Users on behalf of an Authorized Learning Center or MPN Member, and (ii) currently certified as a Microsoft Certified Trainer under the Microsoft Certification Program.

• g. “Microsoft Instructor-Led Courseware” means the Microsoft-branded instructor-led training course that educates IT professionals, developers, students at an academic institution, and other learners on Microsoft technologies. A Microsoft Instructor-Led Courseware title may be branded as MOC, Microsoft Dynamics, or Microsoft Business Group courseware.

• h. “Microsoft Imagine Academy (MSIA) Program Member” means an active member of the Microsoft Imagine Academy Program.

• i. “Microsoft Learn for Educators – Validated Educator” means an educator who has been validated through the Microsoft Learn for Educators program as an active educator at a college, university, community college, polytechnic or K-12 institution.

• j. “Microsoft Learning Competency Member” means an active member of the Microsoft Partner Network program in good standing that currently holds the Learning Competency status.

• k. “MOC” means the “Official Microsoft Learning Product” instructor-led courseware known as Microsoft Official Course that educates IT professionals, developers, students at an academic institution, and other learners on Microsoft technologies.

• l. “MPN Member” means an active Microsoft Partner Network program member in good standing.

• m. “Personal Device” means one (1) personal computer, device, workstation or other digital electronic device that you personally own or control that meets or exceeds the hardware level specified for the particular Microsoft Instructor-Led Courseware.

• n. “Private Training Session” means the instructor-led training classes provided by MPN Members for corporate customers to teach a predefined learning objective using Microsoft Instructor-Led Courseware. These classes are not advertised or promoted to the general public and class attendance is restricted to individuals employed by or contracted by the corporate customer.

• o. “Trainer” means (i) an academically accredited educator engaged by a Microsoft Imagine Academy Program Member to teach an Authorized Training Session, (ii) an academically accredited educator validated as a Microsoft Learn for Educators – Validated Educator, and/or (iii) a MCT.

• p. “Trainer Content” means the trainer version of the Microsoft Instructor-Led Courseware and additional supplemental content designated solely for Trainers’ use to teach a training session using the Microsoft Instructor-Led Courseware. Trainer Content may include Microsoft PowerPoint presentations, trainer preparation guide, train the trainer materials, Microsoft One Note packs, classroom setup guide and Pre-release course feedback form. To clarify, Trainer Content does not include any software, virtual hard disks or virtual machines.

2. USE RIGHTS.

The Licensed Content is licensed, not sold. The Licensed Content is licensed on a one copy per user basis, such that you must acquire a license for each individual that accesses or uses the Licensed Content.

2.1 Below are five separate sets of use rights. Only one set of rights apply to you.

• a. If you are a Microsoft Imagine Academy (MSIA) Program Member:

  • i. Each license acquired on behalf of yourself may only be used to review one (1) copy of the Microsoft Instructor-Led Courseware in the form provided to you. If the Microsoft Instructor-Led Courseware is in digital format, you may install one (1) copy on up to three (3) Personal Devices. You may not install the Microsoft Instructor-Led Courseware on a device you do not own or control.

  • ii. For each license you acquire on behalf of an End User or Trainer, you may either:

  • 1. distribute one (1) hard copy version of the Microsoft Instructor-Led Courseware to one (1) End User who is enrolled in the Authorized Training Session, and only immediately prior to the commencement of the Authorized Training Session that is the subject matter of the Microsoft Instructor-Led Courseware being provided, or
  • 2. provide one (1) End User with the unique redemption code and instructions on how they can access one (1) digital version of the Microsoft Instructor-Led Courseware, or
  • 3. provide one (1) Trainer with the unique redemption code and instructions on how they can access one (1) Trainer Content.

  • iii. For each license you acquire, you must comply with the following:

  • 1. you will only provide access to the Licensed Content to those individuals who have acquired a valid license to the Licensed Content,
  • 2. you will ensure each End User attending an Authorized Training Session has their own valid licensed copy of the Microsoft Instructor-Led Courseware that is the subject of the Authorized Training Session,
  • 3. you will ensure that each End User provided with the hard-copy version of the Microsoft Instructor-Led Courseware will be presented with a copy of this agreement and each End User will agree that their use of the Microsoft Instructor-Led Courseware will be subject to the terms in this agreement prior to providing them with the Microsoft Instructor-Led Courseware. Each individual will be required to denote their acceptance of this agreement in a manner that is enforceable under local law prior to their accessing the Microsoft Instructor-Led Courseware,
  • 4. you will ensure that each Trainer teaching an Authorized Training Session has their own valid licensed copy of the Trainer Content that is the subject of the Authorized Training Session,
  • 5. you will only use qualified Trainers who have in-depth knowledge of and experience with the Microsoft technology that is the subject of the Microsoft Instructor-Led Courseware being taught for all your Authorized Training Sessions,
  • 6. you will only deliver a maximum of 15 hours of training per week for each Authorized Training Session that uses a MOC title, and
  • 7. you acknowledge that Trainers that are not MCTs will not have access to all of the trainer resources for the Microsoft Instructor-Led Courseware.

• b. If you are a Microsoft Learning Competency Member:

  • i. Each license acquire may only be used to review one (1) copy of the Microsoft Instructor-Led Courseware in the form provided to you. If the Microsoft Instructor-Led Courseware is in digital format, you may install one (1) copy on up to three (3) Personal Devices. You may not install the Microsoft Instructor-Led Courseware on a device you do not own or control.

  • ii. For each license you acquire on behalf of an End User or MCT, you may either:

  • 1. distribute one (1) hard copy version of the Microsoft Instructor-Led Courseware to one (1) End User attending the Authorized Training Session and only immediately prior to the commencement of the Authorized Training Session that is the subject matter of the Microsoft Instructor-Led Courseware provided, or
  • 2. provide one (1) End User attending the Authorized Training Session with the unique redemption code and instructions on how they can access one (1) digital version of the Microsoft Instructor-Led Courseware, or
  • 3. you will provide one (1) MCT with the unique redemption code and instructions on how they can access one (1) Trainer Content.

  • iii. For each license you acquire, you must comply with the following:

  • 1. you will only provide access to the Licensed Content to those individuals who have acquired a valid license to the Licensed Content,
  • 2. you will ensure that each End User attending an Authorized Training Session has their own valid licensed copy of the Microsoft Instructor-Led Courseware that is the subject of the Authorized Training Session,
  • 3. you will ensure that each End User provided with a hard-copy version of the Microsoft Instructor-Led Courseware will be presented with a copy of this agreement and each End User will agree that their use of the Microsoft Instructor-Led Courseware will be subject to the terms in this agreement prior to providing them with the Microsoft Instructor-Led Courseware. Each individual will be required to denote their acceptance of this agreement in a manner that is enforceable under local law prior to their accessing the Microsoft Instructor-Led Courseware,
  • 4. you will ensure that each MCT teaching an Authorized Training Session has their own valid licensed copy of the Trainer Content that is the subject of the Authorized Training Session,
  • 5. you will only use qualified MCTs who also hold the applicable Microsoft Certification credential that is the subject of the MOC title being taught for all your Authorized Training Sessions using MOC,
  • 6. you will only provide access to the Microsoft Instructor-Led Courseware to End Users, and
  • 7. you will only provide access to the Trainer Content to MCTs.

• c. If you are a MPN Member:

  • i. Each license acquired on behalf of yourself may only be used to review one (1) copy of the Microsoft Instructor-Led Courseware in the form provided to you. If the Microsoft Instructor-Led Courseware is in digital format, you may install one (1) copy on up to three (3) Personal Devices. You may not install the Microsoft Instructor-Led Courseware on a device you do not own or control.

  • ii. For each license you acquire on behalf of an End User or Trainer, you may either:

  • 1. distribute one (1) hard copy version of the Microsoft Instructor-Led Courseware to one (1) End User attending the Private Training Session, and only immediately prior to the commencement of the Private Training Session that is the subject matter of the Microsoft Instructor-Led Courseware being provided, or
  • 2. provide one (1) End User who is attending the Private Training Session with the unique redemption code and instructions on how they can access one (1) digital version of the Microsoft Instructor-Led Courseware, or
  • 3. you will provide one (1) Trainer who is teaching the Private Training Session with the unique redemption code and instructions on how they can access one (1) Trainer Content.

  • iii. For each license you acquire, you must comply with the following:

  • 1. you will only provide access to the Licensed Content to those individuals who have acquired a valid license to the Licensed Content,
  • 2. you will ensure that each End User attending an Private Training Session has their own valid licensed copy of the Microsoft Instructor-Led Courseware that is the subject of the Private Training Session,
  • 3. you will ensure that each End User provided with a hard copy version of the Microsoft Instructor-Led Courseware will be presented with a copy of this agreement and each End User will agree that their use of the Microsoft Instructor-Led Courseware will be subject to the terms in this agreement prior to providing them with the Microsoft Instructor-Led Courseware. Each individual will be required to denote their acceptance of this agreement in a manner that is enforceable under local law prior to their accessing the Microsoft Instructor-Led Courseware,
  • 4. you will ensure that each Trainer teaching an Private Training Session has their own valid licensed copy of the Trainer Content that is the subject of the Private Training Session,
  • 5. you will only use qualified Trainers who hold the applicable Microsoft Certification credential that is the subject of the Microsoft Instructor-Led Courseware being taught for all your Private Training Sessions,
  • 6. you will only use qualified MCTs who hold the applicable Microsoft Certification credential that is the subject of the MOC title being taught for all your Private Training Sessions using MOC,
  • 7. you will only provide access to the Microsoft Instructor-Led Courseware to End Users, and
  • 8. you will only provide access to the Trainer Content to Trainers.

• d. If you are an End User: For each license you acquire, you may use the Microsoft Instructor-Led Courseware solely for your personal training use. If the Microsoft Instructor-Led Courseware is in digital format, you may access the Microsoft Instructor-Led Courseware online using the unique redemption code provided to you by the training provider and install and use one (1) copy of the Microsoft Instructor-Led Courseware on up to three (3) Personal Devices. You may also print one (1) copy of the Microsoft Instructor-Led Courseware. You may not install the Microsoft Instructor-Led Courseware on a device you do not own or control.

• e. If you are a Trainer.

  • i. For each license you acquire, you may install and use one (1) copy of the Trainer Content in the form provided to you on one (1) Personal Device solely to prepare and deliver an Authorized Training Session or Private Training Session, and install one (1) additional copy on another Personal Device as a backup copy, which may be used only to reinstall the Trainer Content. You may not install or use a copy of the Trainer Content on a device you do not own or control. You may also print one (1) copy of the Trainer Content solely to prepare for and deliver an Authorized Training Session or Private Training Session.

  • ii. If you are an MCT, you may customize the written portions of the Trainer Content that are logically associated with instruction of a training session in accordance with the most recent version of the MCT agreement.

  • iii. If you elect to exercise the foregoing rights, you agree to comply with the following: (i) customizations may only be used for teaching Authorized Training Sessions and Private Training Sessions, and (ii) all customizations will comply with this agreement. For clarity, any use of “customize” refers only to changing the order of slides and content, and/or not using all the slides or content, it does not mean changing or modifying any slide or content.

2.2 Separation of Components. The Licensed Content is licensed as a single unit and you may not separate their components and install them on different devices.

2.3 Redistribution of Licensed Content. Except as expressly provided in the use rights above, you may not distribute any Licensed Content or any portion thereof (including any permitted modifications) to any third parties without the express written permission of Microsoft.

2.4 Third Party Notices. The Licensed Content may include third party code that Microsoft, not the third party, licenses to you under this agreement. Notices, if any, for the third party code are included for your information only.

2.5 Additional Terms. Some Licensed Content may contain components with additional terms, conditions, and licenses regarding its use. Any non-conflicting terms in those conditions and licenses also apply to your use of that respective component and supplements the terms described in this agreement.

3. LICENSED CONTENT BASED ON PRE-RELEASE TECHNOLOGY.

If the Licensed Content’s subject matter is based on a pre-release version of Microsoft technology (“Pre-release”), then in addition to the other provisions in this agreement, these terms also apply:

• a. Pre-Release Licensed Content. This Licensed Content subject matter is on the Pre-release version of the Microsoft technology. The technology may not work the way a final version of the technology will and we may change the technology for the final version. We also may not release a final version. Licensed Content based on the final version of the technology may not contain the same information as the Licensed Content based on the Pre-release version. Microsoft is under no obligation to provide you with any further content, including any Licensed Content based on the final version of the technology.

• b. Feedback. If you agree to give feedback about the Licensed Content to Microsoft, either directly or through its third party designee, you give to Microsoft without charge, the right to use, share and commercialize your feedback in any way and for any purpose. You also give to third parties, without charge, any patent rights needed for their products, technologies and services to use or interface with any specific parts of a Microsoft technology, Microsoft product, or service that includes the feedback. You will not give feedback that is subject to a license that requires Microsoft to license its technology, technologies, or products to third parties because we include your feedback in them. These rights survive this agreement.

• c. Pre-release Term. If you are a Microsoft Imagine Academy Program Member, Microsoft Learning Competency Member, MPN Member, Microsoft Learn for Educators – Validated Educator, or Trainer, you will cease using all copies of the Licensed Content on the Pre-release technology upon (i) the date which Microsoft informs you is the end date for using the Licensed Content on the Pre-release technology, or (ii) sixty (60) days after the commercial release of the technology that is the subject of the Licensed Content, whichever is earliest (“Pre-release term”). Upon expiration or termination of the Pre-release term, you will irretrievably delete and destroy all copies of the Licensed Content in your possession or under your control.

4. SCOPE OF LICENSE.

The Licensed Content is licensed, not sold. This agreement only gives you some rights to use the Licensed Content. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the Licensed Content only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the Licensed Content that only allows you to use it in certain ways. Except as expressly permitted in this agreement, you may not:

• access or allow any individual to access the Licensed Content if they have not acquired a valid license for the Licensed Content,

• alter, remove or obscure any copyright or other protective notices (including watermarks), branding or identifications contained in the Licensed Content,

• modify or create a derivative work of any Licensed Content,

• publicly display, or make the Licensed Content available for others to access or use,

• copy, print, install, sell, publish, transmit, lend, adapt, reuse, link to or post, make available or distribute the Licensed Content to any third party,

• work around any technical limitations in the Licensed Content, or

• reverse engineer, decompile, remove or otherwise thwart any protections or disassemble the Licensed Content except and only to the extent that applicable law expressly permits, despite this limitation.

5. RESERVATION OF RIGHTS AND OWNERSHIP.

Microsoft reserves all rights not expressly granted to you in this agreement. The Licensed Content is protected by copyright and other intellectual property laws and treaties. Microsoft or its suppliers own the title, copyright, and other intellectual property rights in the Licensed Content.

6. EXPORT RESTRICTIONS.

The Licensed Content is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Licensed Content. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.

7. SUPPORT SERVICES.

Because the Licensed Content is provided “as is”, we are not obligated to provide support services for it.

8. TERMINATION.

Without prejudice to any other rights, Microsoft may terminate this agreement if you fail to comply with the terms and conditions of this agreement. Upon termination of this agreement for any reason, you will immediately stop all use of and delete and destroy all copies of the Licensed Content in your possession or under your control.

9. LINKS TO THIRD PARTY SITES.

You may link to third party sites through the use of the Licensed Content. The third party sites are not under the control of Microsoft, and Microsoft is not responsible for the contents of any third party sites, any links contained in third party sites, or any changes or updates to third party sites. Microsoft is not responsible for webcasting or any other form of transmission received from any third party sites. Microsoft is providing these links to third party sites to you only as a convenience, and the inclusion of any link does not imply an endorsement by Microsoft of the third party site.

10. ENTIRE AGREEMENT.

This agreement, and any additional terms for the Trainer Content, updates and supplements are the entire agreement for the Licensed Content, updates and supplements.

11. APPLICABLE LAW.

a. United States. If you acquired the Licensed Content in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.

b. Outside the United States. If you acquired the Licensed Content in any other country, the laws of that country apply.

12. LEGAL EFFECT.

This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the Licensed Content. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.

13. DISCLAIMER OF WARRANTY.

THE LICENSED CONTENT IS LICENSED "AS-IS" AND "AS AVAILABLE." YOU BEAR THE RISK OF USING IT. MICROSOFT AND ITS RESPECTIVE AFFILIATES GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT AND ITS RESPECTIVE AFFILIATES EXCLUDES ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

14. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES.

YOU CAN RECOVER FROM MICROSOFT, ITS RESPECTIVE AFFILIATES AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO US$5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.

This limitation applies to

• anything related to the Licensed Content, services, content (including code) on third party Internet sites or third-party programs; and

• claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.

It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential, or other damages.

Please note: As this Licensed Content is distributed in Quebec, Canada, some of the clauses in this agreement are provided below in French.

Remarque : Ce le contenu sous licence étant distribué au Québec, Canada, certaines des clauses dans ce contrat sont fournies ci-dessous en français.

EXONÉRATION DE GARANTIE.** Le contenu sous licence visé par une licence est offert « tel quel ». Toute utilisation de ce contenu sous licence est à votre seule risque et péril. Microsoft n’accorde aucune autre garantie expresse. Vous pouvez bénéficier de droits additionnels en vertu du droit local sur la protection dues consommateurs, que ce contrat ne peut modifier. La ou elles sont permises par le droit locale, les garanties implicites de qualité marchande, d’adéquation à un usage particulier et d’absence de contrefaçon sont exclues.

LIMITATION DES DOMMAGES-INTÉRÊTS ET EXCLUSION DE RESPONSABILITÉ POUR LES DOMMAGES. Vous pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation en cas de dommages directs uniquement à hauteur de 5,00 $ US. Vous ne pouvez prétendre à aucune indemnisation pour les autres dommages, y compris les dommages spéciaux, indirects ou accessoires et pertes de bénéfices.

Cette limitation concerne:

• tout ce qui est relié au le contenu sous licence, aux services ou au contenu (y compris le code) figurant sur des sites Internet tiers ou dans des programmes tiers; et.

• les réclamations au titre de violation de contrat ou de garantie, ou au titre de responsabilité stricte, de négligence ou d’une autre faute dans la limite autorisée par la loi en vigueur.

Elle s’applique également, même si Microsoft connaissait ou devrait connaître l’éventualité d’un tel dommage. Si votre pays n’autorise pas l’exclusion ou la limitation de responsabilité pour les dommages indirects, accessoires ou de quelque nature que ce soit, il se peut que la limitation ou l’exclusion ci-dessus ne s’appliquera pas à votre égard.

EFFET JURIDIQUE. Le présent contrat décrit certains droits juridiques. Vous pourriez avoir d’autres droits prévus par les lois de votre pays. Le présent contrat ne modifie pas les droits que vous confèrent les lois de votre pays si celles-ci ne le permettent pas.

Revised April 2019