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Terms of use of Microsoft licenses by SPLA model

1. Subject of the Terms of use

The Terms of use define the rules for renting and using Microsoft licenses according to the Service Provider License Agreement (SPLA). The Terms of use are an annex to the Agreement for the use of a Microsoft Windows-based service.

2. Basic obligations of the Provider

Provider hereby obliges to allow the User to use the leased Microsoft licenses according to SPLA model during the period of validity of the contract and to submit a report on the User’s used licenses to the responsible SPLA reseller every month. Leased licenses are listed in the order form completed by the User when ordering the service, or subsequently, additional SPLA licenses are agreed between the User and sales representative of the Provider.

Provider hereby obliges to present to the User the necessary licenses in accordance with the User’s request for the initial installation of a Microsoft Windows-based service, according to rules defined by Microsoft in the Microsoft Service Provider Use Rights (SPUR), and record their use.

3. Basic obligation of the User

Under these Terms of use, the User is obligated to pay the Provider a fee for using Microsoft licenses by SPLA model on a monthly basis.

4. Other obligations of the User – use of Microsoft software

The exclusive responsibility for all installed Microsoft software and its use, on a Microsoft Windows-based service leased by the Provider, is on the User.

The User is required to comply with the SPLA model licensing rules, which are defined by Microsoft in Microsoft SPUR document.

The User is obliged to notify the Provider of all installed Microsoft software, as well as any changes related to the installation and use of Microsoft software on a Microsoft Windows-based service leased by the Provider, so the Provider could create a report on used software during the month, which the Provider sends to Microsoft SPLA reseller.

The User is obliged to notify the Provider of any changes in the number of accounts, for Microsoft software licensed by the number of accounts, that is by the Subscriber Access License (SAL) model.

In the event of a request for audit of the reported licenses by Microsoft, the User is obliged to permit and allow the Microsoft-authorized auditor access to a leased service based on Microsoft Windows to verify the factual situation with Microsoft software at the User’s service.

5. Limitation of the liability of the Provider

The Provider shall in no way be liable for the installed Microsoft software on the User’s server, which the User did not report to the Provider in a timely manner, so the Provider could create a report on the Microsoft software used to be delivered to the Microsoft SPLA distributor.

Provider does not provide support for use of Microsoft software.

6. Clause on jurisdiction and applicable law

Disputes under these Terms of use shall be settled by the User and the Provider by mutual consent, and in case this is not possible, the real jurisdiction of the court in Belgrade shall be settled.

In the event that these Terms of use are concluded with a foreign company, and in addition to the Serbian language, they also were translated from Serbian language to another language, for all interpretations the text of the Terms of use in the Serbian language shall be used.

7. Validity of the Terms of use

Terms of use become effective on the day of acceptance of the Microsoft Windows-based Service Agreement for which Microsoft licenses are licensed under the SPLA model.

Terms of use are concluded indefinitely starting from the date of the beginning of the use of a leased service based on Microsoft Windows. If there is no need for further leasing of the licenses subject to these Terms of use, this annex may be terminated, with a notice by the User one month earlier.

The User agrees with these Terms of use when ordering a service based on Microsoft Windows.

Sales:
Business hours: 09:00–17:00 on working days

Administration:
Business hours: 09:00–17:00 on working days

Support:
Business hours: 08:00–18:00 on working days,
10:00–15:00 on Saturdays

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