[ubuntu-za] Microsoft Schools agreement for South African Schools

[Will van der Leij]

Hi Phillip,
The Microsoft Schools Agreement is, not surprisingly, a controversial 
story.

It is being pushed extensively all over Africa. Custom agreements are 
tailored as they engage with different governments. Suffice to say that 
the agreements are not indefinate. They will expire, presumably when 
their is a decent "lock-in". Now although that sounds a bit conspiracy 
theorish, it is not completely unfounded if you've followed the news in 
SA and Namibia for example.

However, that said, Microsoft is also aware that the countries they are 
offering these agreements in cannot afford otherwise, so it is unlikely 
that the agreements will default in an "ugly" manner. More importantly 
is the question of what happens to the learners after their schooling? 
Once they are equipped with cut-rate Microsoft training they then need 
to enter the business market which is a different story.

However, once again, Microsoft are already looking at "development" 
licences of their business software. They want to sell software at a 
rate that their clients can afford, plain and simple. Hence the new 
training courses that are emerging to tackle the ICDL. Watch that space 
closely.

On the subject of support...well, who phones Microsoft for support 
anyway? Under _no_ agreement are they going to send their technicians 
out to client sites for support/installation. This is generally 
negotiated with the reseller or 3rd party service provider. Free 1st 
line support is a myth under any software platform, even OSS companies 
(who rely on it for revenue).

The bottom line is that Microsoft will (and are) endeavouring to ensure 
that they capture the market and at a rate that the market can endure. 
The benefit to our learners, however, is so much better if they have the 
exposure to multiple technologies. The CAT curriculum, for example, is 
supposed to focus on computer applications rather than specific 
software. This is most important for the OSS world too where there is a 
host of just for even a simple email application.

The schools agreement is also not in-line with the state's national IT 
policy/framework on OSS prefence for services. Makes one wonder.

My point is that regardless of which service provider is chosen to 
supply the technology, it is going to come at a cost. So why not just 
cut the licence cost out of the equation completely?

Regards,
Will van der Leij



Phillip Pare wrote:
> Hi all
> 
> I mentioned previously on this list my involvement with a Limpopo school 
> that is running an Ubuntu based Tuxlab. The teachers are very keen to 
> run MS software as Microsoft is promising them software at a reduced 
> cost on condition that they sign the following agreement.
> 
> Has anybody had any experience with this kind of agreement? I am rather 
> cautious about advising the School to sign it because of Microsoft's 
> reputation in some quarters.
> 
> More particularly I am concerned about paragraph 4 where the following 
> statement is made:
> In order to run the most current version of a Microsoft operating system 
> (Windows) your Users must always have a valid license for an operating 
> system on each Eligible PC on which the Software is run.
> 
> Furthermore Microsoft is not prepared to offer any extended support. 
> They say in paragraph 9:
> You are entitled to free telephone support in connection with the 
> installation of the Software and two subsequent free telephone calls for 
> support.  No other free support with respect to the Software is provided 
> under this School Agreement.
> 
> This is not entirely unreasonable as someone has to pay their support 
> staff salaries. What is the experience of other schools?
> 
> 
> Regards
> 
> Phillip Pare
> 
> SOUTH AFRICAN SCHOOL AGREEMENT FOR MICROSOFT Software (2006)
> 
> 
> Each School that wants to participate in the South African Government 
> Schools Software Program Agreement must be listed in Attachment A to the 
> South African Provincial Education Department Agreement for Microsoft 
> Software and it must complete and sign this South African School 
> Agreement for Microsoft Software (this “School Agreement”).
> 
> 
> 1.	Licensee Information
> 
> Name of participating School (hereinafter in this School Agreement “you”)
> 
> Name of Provincial Education Department under which the school is 
> administered
> 
> Name of School District under which the school is administered
> 
> 
> 2.	Who may take advantage of this School Agreement?    You may sign this 
> School Agreement and participate under the South African Schools 
> National Software Program if you are either (a) a public pre-primary 
> school, primary school, secondary school, technical college or 
> institution or any other class of school as defined in the South African 
> Schools Act 84 of 1996 that falls under the jurisdiction of a provincial 
> education department and where the provincial education department pays 
> the salaries of the majority of the staff or (b) a pre-primary school, 
> primary school or secondary school that serves a special community (for 
> example a farm or mission school) and that we agree, to include under 
> this program (“School”).  In order to be able to enter into this School 
> Agreement, you must be listed on Attachment A of the South African 
> Provincial Education Department Agreement for Microsoft Software.
> 
> At any time, we have the right to determine whether a School may or may 
> not participate in this program.
> 
> At any time we may remove from attachment A any school that does not 
> meet the definition of School and any School that breached any contract 
> or is or has been engaged in fraud, misuse or piracy activities in 
> relation to the Software.
> 
> Any existing School Agreement with a School that is not listed in or is 
> removed from Attachment A may be immediately terminated by us by written 
> notice.
> 
> 3.	Definitions.    In this School Agreement, the term “you” means the 
> School signing this School Agreement.  The term “we” or “us” refers to 
> Microsoft Ireland Operations Limited.  Our “affiliates” are companies 
> that we own, own us or that are under common ownership with us.
> 
> “Users” mean those teachers, staff, administrators and students of 
> Schools designated by each School to run the Software on Eligible PCs 
> identified by each School.
> 
>   To “run” a product means to copy, use, access, display, run or 
> otherwise interact with it.
> 
> “Software” means the platform of the following software products: 
> Microsoft Windows Upgrade, or any successor product Upgrades; Microsoft 
> Office, Microsoft Works, Microsoft Encarta Reference Suite; Microsoft 
> Visual Studio, Microsoft Front Page, Microsoft Project, Microsoft 
> Publisher, Microsoft Visio Standard, Microsoft Core Client Access 
> License, Microsoft Exchange Client Access License and Microsoft SQL 
> Server Client Access License; and (check box if required) :
> 
> 
> Microsoft Server Software (Windows Server / Exchange Server / SQL Server)
> 
> 
> 
> An “Eligible PC” means each laptop or PC that is (i) physically located 
> in and owned or leased by a School or (ii) at the option of each school, 
> any laptop or home PCs (which may be physically located outside the 
> School at the address listed for each teacher in Addendum B) owned or 
> leased by full time teachers permanently employed by such School and 
> which is a Pentium (or equivalent), PowerMac, iMac (or better), 286, 
> 386, 486, other Apple, Unix or any other device that is capable of 
> running the Software.   Eligible PCs must be listed on Addenda A or B, 
> as appropriate, to this School Agreement.  	
> 
> 4.	License Grant and applicable use rights.    We grant your Users the 
> right to run the most recent version of the Software on Eligible PCs 
> during the term of this School Agreement, subject to the terms and 
> conditions, and restrictions, set out in this School Agreement.  In 
> addition, we grant your Users the right to run a prior version of the 
> Software on Eligible PCs during the term of this School Agreement 
> provided that they already have duly granted with the appropriate 
> licenses. You and your Users must comply with the Product Use Rights 
> applicable to each version of each of the Software products.  A copy of 
> the current Product Use Rights is provided with this School Agreement as 
> Addendum C.  We may need to change the Product Use Rights during the 
> term of this School Agreement to accommodate the addition of new 
> versions of existing Software products.  At every School Agreement 
> renewal, you will receive from us, together with the Acknowledgement 
> Letter, the latest version of the Microsoft Product Use Rights that will 
> be applicable from the date of such Acknowledgement Letter.
> 
> In order to run the most current version of a Microsoft operating system 
> (Windows) your Users must always have a valid license for an operating 
> system on each Eligible PC on which the Software is run.
> 
> For the purpose of this agreement it is assumed that all Eligible PC’s, 
> that existed in Schools at the time that the relevant South African 
> Provincial Education Department Agreement was signed, already had a 
> valid Operating System license.  It is also assumed that any PC’s 
> supplied under a Microsoft recognised and licensed refurbishment program 
> have a valid license for an Operating System
> 
> You may run any prior version of the Software instead of the most recent 
> version.  In addition, you may retain the Software on the media on which 
> it was supplied to you for back-up or archival purposes.
> 
> 5.	Restrictions on Use of the Software.  Your rights under this School 
> Agreement are limited as follows:
> 
> We do not assign any copyright. Your rights and those of your Users are 
> expressly limited to the rights described in this School Agreement.
> If a product is made up of components, you may not separate the 
> components by running them on different computers, by upgrading or 
> downgrading them at different times or by transferring them separately.
> You may not sell, rent, lease or lend any copy of the Software. You may 
> not transfer any copy of the Software without our prior written consent.
> You may not reverse engineer, decompile or disassemble the Software, 
> except to the extent expressly permitted by applicable law despite this 
> limitation.
> 
> 6.	Specification of Eligible PCs.    This School Agreement includes a 
> description of all of the School’s Eligible PCs by location, make, 
> processor, random access memory, operating system and serial number 
> (fill in Addendum A).  In addition, if you want the teachers employed by 
> you on a full time basis to be able to run the Software on Eligible PCs 
> owned or leased by them, either in the school or at home, you should 
> provide a description of such Eligible PCs as well as the teachers’ 
> name, ID number and contact details (including address phone number and 
> email address (fill in Addendum B).
> Please count your Eligible PCs as indicated below and fill in the count 
> in the boxes below:
> 
> 1.
> Number of Pentium (or equivalent), PowerMac, iMac (or better), 286, 386, 
> 486, other Apple, Unix or any other devices physically located in the 
> School that your Users will use to run the Software
> 
> 
> 2.
> Number of Pentium (or equivalent), PowerMac, iMac (or better), 286, 386, 
> 486, other Apple, Unix or any other laptop or desktop PCs owned or 
> leased by teachers employed by you that your teachers will use to run 
> the Software
> 
> 
> 3.
> Total Eligible PCs 
>                        (3=1+2)
> 
> 
> 
> 7. 	Media.    After submitting this fully and correctly completed and 
> signed School Agreement to the local Microsoft subsidiary, you will be 
> sent an Acknowledgement Letter, the media, where available, and/or 
> access to download websites containing the software you need to install 
> one copy of the Software on each of the Eligible PCs.  The media may not 
> be reproduced, duplicated or provided to third parties. You may only 
> provide the media to designated teachers and/or administrators and such 
> access to media by teachers and/or administrators must be restricted and 
> regulated by you.
> 
> 8.	Protection of Intellectual Property Rights in the Software.    The 
> Software is protected by intellectual property laws and international 
> treaties. No use of the Software may be made except as explicitly 
> granted in this School Agreement.  You must ensure that your Users are 
> aware that the Software is protected intellectual property and may be 
> used only in accordance with the terms of the School Agreement. To this 
> end, you must notify your Users that (i) they are only licensed to 
> install and run the Software during the term of the School Agreement and 
> in accordance with its terms and (ii) if the School Agreement is not 
> renewed or is terminated, then the Software must be deleted and removed 
> from all Eligible PCs immediately or perpetual licenses must be 
> purchased for each copy. In addition, you agree to provide all 
> reasonable cooperation to us to investigate and remedy any unauthorized 
> copying, installation or distribution of the Software by any of your 
> Users or third parties copying the Software provided to you and to 
> cooperate with us to prevent such misuse. You will be primarily 
> responsible and liable to us in the event that you or one or more of 
> your Users fail to comply with this School Agreement.
>   9.	Disabling Mechanisms and Limited Support Services.    We reserve 
> the right to include in any copy of the Software any proactive technical 
> disabling mechanisms that would enable us, with a timed device, to 
> disable the Software once this School Agreement has expired or is 
> terminated.  As a result, please be advised that you and your Users 
> could suffer data loss or other system errors or malfunctions if they 
> continue to run the Software after the termination or expiration of this 
> School Agreement.  You are entitled to free telephone support in 
> connection with the installation of the Software and two subsequent free 
> telephone calls for support.  No other free support with respect to the 
> Software is provided under this School Agreement.
> 10.	Disclaimers.    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 
> WE AND OUR AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES HOWEVER CAUSED 
> (INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL 
> DAMAGES, DAMAGES FOR LOSS OF PROFITS, INTERRUPTION OF ACTIVITY, LOSS OF 
> INFORMATION, NEGLIGENCE, OR ANY OTHER LOSS WHATSOEVER), ARISING OUT OF 
> THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT. THIS LIMITATION 
> SHALL APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH 
> DAMAGES.  THE SOFTWARE PRODUCT IS PROVIDED TO YOU "AS IS" WITHOUT 
> WARRANTY OF ANY KIND.  THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE 
> OF THE SOFTWARE PRODUCT IS ASSUMED BY YOU.  TO THE MAXIMUM EXTENT 
> PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, CONDITIONS OR 
> OTHER TERMS, EITHER EXPRESS OR IMPLIED (WHETHER BY STATUTE, COMMON LAW, 
> COLLATERALLY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO WARRANTIES OF 
> SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, LACK OF 
> VIRUSES, LACK OF NEGLIGENCE, AND NON-INFRINGEMENT.
> 
> 11.	Facilitating Compliance.    You must keep all usual and proper 
> records relating to the copying, distribution and use of the Software. 
> We reserve the right to audit you during the term of this School 
> Agreement and for a period of one (1) year thereafter, provided that 
> such audit(s) will be conducted during normal business hours and in such 
> a manner as not to interfere unreasonably with your Schools’ operations.
> 12.	Term and Termination.    After you submit this South African School 
> Agreement to us your Users will have the right to run the Software from 
> the moment you have received an Acknowledgement Letter from us 
> (“Effective Date”).  This School Agreement will expire at the end of the 
> calendar year in which we send our Acknowledgement Letter to you, unless 
> otherwise stated in the Acknowledgement letter or unless terminated 
> earlier by us.  All licenses will terminate automatically on expiration 
> of this School Agreement. Providing that the South African Provincial 
> Education Department Agreement will remain in effect, you may prevent 
> your right to run the Software from terminating at the expiration of the 
> School Agreement by submitting to us prior to the expiration date a new 
> and fully completed and signed School Agreement.
> 
> In the event of expiration and non-renewal or (early) termination of 
> this School Agreement, you must ensure that your Users immediately stop 
> using all copies of the Software and delete them from the Eligible PCs, 
> including from the Eligible PCs owned or leased by your teachers. You 
> must provide us upon our request with written confirmation that you and 
> your Users have stopped using the Software and that all copies thereof 
> have been removed from all Eligible PCs.
> 
> As evidenced by your signature below you acknowledge and agree that you 
> have read and understood this School Agreement and agree to be bound by 
> the terms and conditions of this agreement.
> 
> 
> Name of Participating School:
> 
> Signed By (Electronic Signature):
> (Please type your name in the box below)
> 
> Name:
> 
> Title:
> 
> Date:
> 
> 
> Postal Address
> Physical Address
> 
> 
> 
> 
> 
> 
> 
> 
> Telephone Number
> (           )
> Fax Number
> (             )
> School Contact email Address
> 
> 
> 
> 
> 
> 
> 
> 
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