Microsoft windows 10 license agreement. License agreement - what is it? Terms of license agreements. Methods for purchasing licenses

The funded part of the pension is zero (08/13/2015). →

In October 2014, users expressed widespread dissatisfaction with the license agreement for the preview version of Windows 10, which by default included options to record data from a microphone, track keystrokes and send it all to Microsoft servers. Time has passed, Windows 10 is no longer a test release; You can parse the license agreement of this system: within the framework of confidential data.

As a background, I provide a number of links, one way or another related to the problems of licensing and user surveillance:
- Google as a dangerous service: the same problems in the license agreement as in Windows 10;
- I’m sick of advertising on Skype: about the features of advertising on Skype. There are several articles on the site on the topic of combating advertising in this product, because when Microsoft bought it, all hell broke loose.

As well as a list of links to other copyrights:
-: on the right to works that have become the cultural heritage of various countries;
- dedicated to developers of their own programs: about the intricacies of software creation;
- licensing of a personally developed program: about the intricacies of software licensing;
- correct licensing of Visual Basic 6: how did the attempt to license old software end for me.

So, the new Windows 10 agreement.

What immediately catches your eye is that the agreement (No. 1) consists of several agreements, which you can read through the links during installation product (and how can I watch them without OS?):
- aka.ms/msa (No. 2): about the use of the Services;
- aka.ms/privacy (No. 3): about the collection of user personal data. At the same time, having accepted agreement No. 1, automatic agreement occurs with No. 2 and No. 3;
- clause 1.b.ii states that additional software may be installed, governed only by their license agreements;
- clause 1.b.iv: Windows may contain third-party software from third parties, subject only to their license agreements.

Interesting points in agreement No. 1:
- paragraph 2.a says that even officially purchased Windows does not belong to you as a product, it is used only under a license (like a tenant renting an apartment from the owner. Then the owner comes and says: “Get out of here, puppy!”);
- clause 2.c.vi prohibits the study of Windows technology;
- point 3 notifies that the software uses elements to send confidential data, and they can be disabled. That is, they are enabled by default;
- point 6 talks about installing updates without notifying the user (therefore, completely automatic);
- clauses 10 and 10.a allow litigation with Microsoft, but not on intellectual property issues. Why such a restriction for the plaintiff?
- clause 13.c puts the built-in antivirus from MS in a privileged position.

Position No. 2:
- clause 2.a: the user is responsible for confidential data, but the Services receive the right to move and process this data somewhere - and even free of charge;
- Section 2.b: "You grant Microsoft a worldwide, royalty-free license to use the intellectual property associated with Your Content, such as copying, storing, transmitting, reformatting, displaying and distributing Your Content on the Services through communications." “For example” means the list is incomplete;

Now let's look specifically at position No. 3:
- immediately there is a statement that confidential data is collected and used, including for targeted advertising: for example, Bing search queries, data voice assistant Cortana, data from a certain OneDrive section, Cookies;
- data may be disclosed as required by law, but the user’s consent may not be required. Given the location, Microsoft is the CIA.

More and more software giants like Google and Microsoft are creating license agreements with loopholes for the use of user personal data. I have nothing to hide from my state, but I have no desire to provide information to a third-party state. The other day, a lawsuit was filed with the prosecutor's office from some party on the same problem: Microsoft went too far with the Windows 10 licensing agreement, and this could be a dangerous espionage even for state-owned companies.

If Windows XP dies completely, I'll switch to Linux. I'm tired of fighting the windmills of software monopolists.

Let's do this together.

2. Installation and use rights.
c. Restrictions. The manufacturer or installer and Microsoft reserve all rights (such as rights under intellectual property laws) not expressly granted under this agreement. For example, this license does not give you rights:
(iii) transmit software (except for cases provided for in this agreement);

give Windows 10 to the person who asked me for it

here the off-top asked for itself. What if a person asks you to jump off a roof?

I read it, but I’m not sure that everything is clear to me, for example, for what reasons, at the request of another person, I cannot download and install Windows 10 so that he becomes a full user of Microsoft products.

I’ll explain again:
- You have the right to download Windows 10 from official Microsoft sources (this applies not only to MS, otherwise no one would ever download, for example, Linux).
- You have the right to install a computer program on the basis of the Constitution of the Russian Federation (if you live in Russia), which guarantees your right to work.
- the most important: for the user to become a full user of products from MS - he or you owe these products buy!

What license cost are we talking about? Windows version 10 which is transmitted has the status inactive.

well bad. You must activate it (read EULA):

5. Authorized software and activation. You have the right to use this software, if only you have the appropriate license and software has been properly activated using a genuine product key or other authorized method. When connected to the Internet during use software it automatically contacts Microsoft or a Microsoft affiliate to complete the activation and link to specific device. You can also manually activate the software over the Internet or by telephone. In any of these cases, some data will be transferred, so Internet services, telephone communication or SMS messaging may be subject to charges. During activation (or reactivation, which may be required after changes to device components), the software may determine that the installation is counterfeit, not officially licensed, or contains unauthorized modifications. If activation fails, the software will attempt to make corrections by replacing the illegally modified software Microsoft software authentic. You may also receive reminders to purchase an official license for the software. Successful activation does not confirm that the software is genuine or properly licensed. It is prohibited to circumvent the activation procedure in any way. To verify that your software is genuine and properly licensed, please visit (aka.ms/genuine). Certain updates, support, and other services are offered only to users of genuine Microsoft software.

There is some kind of license for downloading, there is a phrase on the website...

So what will the ICJ have a basis for a trial if there is no damage?

The basis will not be with the MC, but with the one to whom you " handed over"Windows. But there will already be claims against it from MS.

The PC was given for temporary use and must be returned, the client keeps his Windows 10 for himself or if he wants to give it to me, where are the violations before MS in such relations?

counter question: if a client gives you a Windows 10 license, how will you prove that the license is genuine? If you don’t prove it, there will be claims from the MS. The same applies to the client if he keeps the license for himself.

Basic principles of Microsoft licensing policy

The Software is protected against unauthorized copying by copyright laws. Copyright laws provide for the retention of several exclusive rights by the author (publisher) of software, one of which is the right to make copies of the software.

Purchasing a software product means acquiring a license (right) to use it. A license is required for each program used. The license terms are stated in the End User License Agreement (EULA).

Licensing rights generally differ for different product categories:

Personal operating systems, desktop applications, games, multimedia programs are licensed on the basis of one license per computer. It doesn't matter how much individuals uses a computer.
Development tools are licensed on the basis of one license for one individual.
Server products generally require two licensing schemes: server/client licensing (server license for installation on the server plus client licenses for devices or users accessing server services) or processor core licensing (server computing power is licensed by core used in servers)..

Methods for purchasing licenses

If you purchase boxed or OEM versions of products, Microsoft recommends that you save all components of the purchased software package (licensing agreement, media, documentation, registration card coupon, certificate of authenticity), as well as a receipt/invoice confirming the fact of purchasing the product.

What does following this rule provide:

The presence of the listed components serves as confirmation for law enforcement agencies that the client is using the software legally.
Under the terms of the license agreement, when transferring the rights to use the product to another person, the client must transfer all components of the product.

Some products are shipped with an electronic end user license agreement that is displayed on the screen when you install the product. In this case, we recommend that you print the license agreement and keep it with the rest of the package.

Programs for government organizations

Microsoft offers special pricing and Volume Licensing terms for eligible government organizations of all sizes.

For medium and small government organizations

Open License for Government. The purchase is simplified as much as possible, payment is made once. Software Assurance can be purchased separately.
Open Value for Government. Simplify license management, predictable software costs, and pay in installments. This option includes Software Assurance.
Open Value Subscription for Government. All the benefits of an Open Value for Government agreement with less upfront costs. An organization receives access to Microsoft software licenses for the term of the agreement through a subscription-based licensing model. Eligible government organizations can also receive an Open Value Subscription for one year.

Software Assurance

Software Assurance is a comprehensive service offering that ensures you get the maximum benefit from your software investment. It combines access to the latest software versions with 24/7 phone support, partner consulting, training and IT tools to help customers deploy, manage and migrate software.

For medium and large government organizations

Enterprise Agreement for Government. Simplify license management under a single agreement, predictable software costs, and pay in installments. This option includes Software Assurance.
Enterprise Subscription Agreement for Government. Benefit from an Enterprise Agreement with lower upfront costs through subscription-based licensing. An organization receives access to Microsoft software licenses only for the term of the agreement, using a subscription-based licensing model. This option includes Software Assurance.
Microsoft Products and Services Agreement. The Microsoft Products and Services Agreement (MPSA) allows you to combine all your purchases into a simplified agreement that allows you to purchase both online services and locally installed software. Purchasing accounts allow you to choose flexible software purchasing options and provide additional control. Software Assurance can be purchased separately.
Select Plus for Government. If your organization is not eligible for the MPSA, you can purchase on-premise software licenses and Microsoft services at any level, from department to affiliate, while maintaining all the benefits of a single organization - with a Select Plus agreement. With it, you can purchase licenses as needed under a single agreement without a specific end date. Customers are assigned a single ID to simplify account management. Software Assurance can be purchased separately.
Cloud services for government organizations. The Microsoft Enterprise Agreement, Microsoft Products and Services Agreement, and Open offer government agencies the opportunity to additionally purchase online services. This allows you to migrate to the cloud at your own pace during the life of your existing agreement.

Programs for educational institutions

When choosing the best volume licensing program for educational institutions, consider the institution's size, type, and preferred method for purchasing licenses for Microsoft software and online services. There are two types of programs: subscription-based and permanent licenses.

Subscription licenses

The subscription gives the right to use the licensed products (plus updates and previous versions provided by the program) during the license period. The subscription is perfect for educational institutions that need:

Access to the latest technologies with minimal start-up costs.
Convenient accounting of users and computers: only once a year.
Comply with regulatory requirements by providing all users (or computers) with one year of licensed software.
Automatic access to Software Assurance program.

Permanent licenses

By purchasing permanent software licenses, an organization receives the right to use the software indefinitely. A permanent license is perfect for educational institutions that require:

Owned software licenses.
Purchasing a certain number of licenses with a one-time payment.
Software Assurance as an optional add-on.

Conditions

The following types of educational institutions are generally eligible to purchase licenses through specialized Microsoft Volume Licensing programs:

Educational establishments.
Offices and educational authorities.
Public libraries and museums.

To compare available options and find the right licensing program for your institution, visit

The rules have changed dramatically.

Windows licensing has always been opaque and nebulous. For example, Windows 7 had a retail version, an OEM version, and enterprise editions. In theory, the OEM version (that is, when the OS shipped with new computer hardware) was tied to the hardware it shipped with. Retail retail versions were “portable”, and the user was able to carry his copy of Windows 7 from one computer to another, provided that the system will no longer be used on the old machine. Most retail versions were used specifically for installation on modernized machines or computers with manual assembly of individual components. Typically you would have to re-authorize your copy of Windows to new system, but in most cases this procedure was only a formality.

In the long term, portability is not a feature of the free version of Windows 10. When you install Windows 10, Microsoft's activation servers create and store a unique identifier based on the old key and the current machine's hardware configuration. New Windows 10 will be tied to the updated system, and the original Windows key 7/8.1 will no longer be valid. (This way, you will be able to roll back to Windows 7, but you will not be able to run the original OS and Windows 10 at the same time, for example, in virtual machine or in multi-OS mode at boot).

Comment from a Microsoft official: “ After the first year, you will no longer be able to transfer the copy to another device, because... the update is tied to a specific computer, and not to a license or account Windows entries. One year after the release of Windows 10, if the device has not been updated to Windows, the user will need to separately purchase a copy of Windows 10 from the Microsoft Store or from authorized Microsoft product distributors”.

The best part is that if you end up buying the retail version of Windows 10, you will be able to freely move it from one computer to another - this version comes with a portable feature.

Be that as it may, you can still update your Windows 10 system. Just like you could with previous versions of Windows (usually tied to Windows program Genuine Advantage), you'll need to call Microsoft to reactivate your license if you change major components on your computer after upgrading to Windows 10 (many users find this annoying, but it's not really a painful process).

Unfortunately, the criteria for changes that require system reactivation are quite vague. For example, when adding RAM, reactivation is not required, but when replacing motherboard it is needed (in OEM versions, replacing the motherboard is allowed only if the PC is still under warranty).

Upgrading from 32-bit Windows to 64-bit

Retail versions of Windows 7, Windows 8 and Windows 8.1 included two installation media - one for 32-bit systems and one for 64-bit systems. Free Windows version 10 only allows you to upgrade to a system with identical original system bit depth. In other words, you can only upgrade a 32-bit Windows 7 to a 32-bit version of Windows 10. Assuming that no one wants to upgrade a 64-bit system to a 32-bit system, then to upgrade from a 32-bit system to a 64-bit system you need will perform a clean install original Windows 7/8.1 using the 64-bit installation media, and then upgrade to Windows 10.

Upgrade only to similar versions

The Windows 10 Free Update does not allow you to upgrade your version of Windows. If you own a Win7 Starter, Home Basic, or Home Premium license, you will receive Windows 10 Home, and if you have Windows 7/8.1 Pro, you will receive Windows 10 Pro respectively. Owners Windows licenses 7 Ultimate will also receive Windows 10 Pro due to the lack of an Ultimate version of Windows 10.

Some Windows users are complaining about the lack of Media Center in Windows 10. The corresponding page on the Microsoft web portal notes that on some systems you can get a DVD player application for free from Windows Store. Other users will be able to purchase this application. Of course, there are a large number of good third-party players on the Internet.

There is a whole list of functions that are no longer available on the corresponding page on the Microsoft website.

Yes, it's free, but with some caveats. As has been repeatedly reported, this free update will be available until July 2016. After this period, if you did not have time to take advantage of the free update, you will need to purchase Windows 10.

Everything can change. Apple users also always expect free OS updates. For example, an iPhone can be upgraded for free until the new OS stops supporting older hardware. In some cases, you may still get the new OS, but the smartphone will not use some of the new features. At that moment, users usually change the phone to a new one, because... The old device won't hold a charge, but the larger screens and new features look tempting.

After all, Microsoft could adapt a similar business model: the operating system is just a platform for highly profitable services and software. But as the TechNet UK blog points out, the current free version Windows 10 has no expiration date - you won't have to pay for it in two or three years. Be that as it may, Microsoft plans to add new features to Windows 10, and at some point, some features may not work on your computer, or your device may stop receiving future updates altogether.

Is it possible to run Windows 10 in a virtual machine in dual boot mode?

Many cautious users tend to leave it on their Windows machines 7 or Windows 8, installing Windows 10 on a second drive or logical partition. Typically, they want to copy or image a Windows 7 installation, upgrade to Windows 10, and then restore the system to its original state on a different drive or partition. Sorry, but such actions are not allowed. If Windows 10 is installed, it takes over the original Windows 7/8.1 license. Within a month after the update, Windows 10 allows you to downgrade to Windows 7 or Windows 8.1, but in this case the new OS is removed.

As always with Windows, virtual copies must have their own licenses, separate from the host systems. As mentioned in the TechNet UK blog, a Windows 10 license “allows you to install only one copy of the software for use on only one device, whether it is physical or virtual. If you want to use the software on multiple devices, you need to purchase separate OS licenses for each of them.”

Windows as a service

The old Windows update model (XP, Vista, Windows 7 and Windows 8) seems to have fallen into disuse. New model is confusing for the long term Windows users. It assumes that for a specific machine you will only need to pay for Windows once - when you buy a new PC, order a retail version, or register for volume licensing. The main features of the “Windows as a Service” concept are:

You don't have to pay for Windows multiple times when using the same hardware - you always have latest version;
No more erasing and reinstalling updates;
Vendors and software developers can ensure that 90 percent of users have the same build.

Microsoft expects that the vast majority of users using the same version of the OS will simplify the process of developing third-party applications.

Enterprise customers should note: To upgrade to Windows 10, you must have a valid Software Assurance contract. If you simply purchased a Windows 7 Enterprise license, you do not have the right to upgrade to the new OS. Clients with a signed contract will be able to log in to the license Microsoft Center and download the Enterprise version. You will also be required to renew your current Software Assurance contract to receive future Windows updates 10.

Free does not mean without some costs. It probably comes as no surprise to many that the free update comes with limitations. Some may find them not too onerous, but you should familiarize yourself with them before upgrading. Whether you can work under these restrictions is up to you. If they are too critical, let us remind you that despite the fact that Windows 7 will not receive new improvements, Microsoft will fix errors and security problems of this OS until January 14, 2020, and the deadline Windows support 8 expires in 2023.

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Engine

Lawyers read the Windows 10 license agreement and grabbed their heads

Problem No. 1: Microsoft collects and stores the history of web pages visited by the user, passwords to sites, names of access points to which the user connected, and passwords to them. The problem is that the data is tied to a Microsoft account, the password for which can be hacked or stolen. In this case, the attacker will be able to find out literally everything about his victim. In addition, US law requires IT companies to disclose information about their clients at the request of the court and intelligence services. It turns out that in fact the user himself collects and sends a dossier on himself, which can be used against him.

Of course, data synchronization can (and should) be disabled. Microsoft decided to enable this option by default. Apparently, in the hope that most Windows 10 users are unlikely to become interested in the details of the implementation of this so-called synchronization.

Problem No. 2: the virtual assistant Cortana, which many have already called the virtual spy Cortana. According to the Windows 10 license agreement, Microsoft has the right to collect Various types user data:

user coordinates;
fragments of mail correspondence and SMS;
data on calls made: who called whom, how often.
data about scheduled events from the user calendar;
data from the contact book;
and etc.

In addition, for the service to operate, information about the use of your device will be collected: what time the alarm is set, what music is on the device, what programs have been installed, what search queries have been made, etc. Of course, user voice samples will also be transferred to Microsoft servers for processing.

Don't forget to disable advertising ID sharing on all your Windows 10 devices!

Problem #4. The encryption key is also stored by Microsoft. This is surprising, but if you encrypted your data on the device using the standard BitLocker program, then Not only will you have the data access key, but Microsoft will also have it. The Windows 10 license states that the password will be copied to OneDrive servers controlled by Microsoft. As mentioned earlier, the company will be obliged to issue this key upon request of the authorized authorities, which deprives encryption in Windows 10 of any meaning.

Don't forget to install third party program encryption you can trust.

Problem #5. Microsoft may control your data. This is just an amazing clause in the Windows 10 license:

We will access, disclose and preserve personal data, including your content (such as the content of your emails, other private communications or files in private folders), when we have a good faith belief that doing so is necessary to protect our customers or enforce the terms governing the use of the services.

Personal correspondence, local files and other personal information may be disclosed not only at the request of the authorities, but simply if Microsoft shows up that this is necessary for some protection of their clients.

Add-ons

August 6: after the lawyers the fans read the agreement computer games. They found out that they will be releasing for Windows 10 automatic updates who will clean your computer from unlicensed games. In addition, the license contains a very strange clause that gives Microsoft the right to disable certain unauthorized devices on your computer. Perhaps we are talking about computer peripherals that are not certified by Microsoft. For example, third-party controllers for Xbox.