ISV Royalty Agreement EULA (October 1, 2012) Page 1 of 2

(For ISV Royalty Program Only)

Microsoft Windows Server® 2012 Remote Desktop Services

Remote Desktop Services Client Access Licenses (Device) (Corporate): 01

Remote Desktop Services Client Access Licenses (User) (Corporate): 12

Remote Desktop Services Client Access Licenses (Device) (Academic): 03

Remote Desktop Services Client Access Licenses (User) (Academic): 04

END-USER LICENSE AGREEMENT

This Remote Desktop Services Client Access License (“RDS CAL”) is an agreement between Licensor and you. Please

read it carefully. The RDS CAL applies to Microsoft Windows Server 2012 Remote Desktop Services (“Software”). If you comply with these terms, you have certain rights for the number of users or devices identified above.

By using the Software, you accept these terms. If you do not accept them, do not use the Software. Instead, return it to your place of purchase for a refund or credit.

These terms supersede any electronic terms which may be contained within the software. If any of the terms

contained within the software conflict with these terms, these terms will control.

USE TERMS. This RDS CAL provides rights to access Windows Server 2012 Remote Desktop Services functionality on Windows Server 2012 (“Server Software”). You must acquire a RDS CAL for each user or device that directly or

indirectly accesses the Server Software to host a graphical user interface (using the Windows Server 2012 Remote Desktop Services functionality or other technology).

You may assign a Windows Server 2012 Remote Desktop Services CAL to any device or user that accesses your

instances of Applications Virtualization for Terminal Services directly or indirectly.

1. TYPES OF RDS CALS. There are two types of RDS CALs: one for devices and one for users. Each device RDS

CAL permits one device, used by any user, to access the Server Software on your licensed servers. Each user RDS CAL permits one user, using any device, to access the Server Software on your licensed servers. You may use a

combination of device and user RDS CALs.

2. RESERVATION OF RIGHTS. The Software is licensed, not sold. This RDS CAL only gives you rights to use the Software. All rights not expressly granted are reserved. Unless applicable law gives you more rights despite this

limitation, you may use the Software only as expressly permitted in this RDS CAL. In doing so, you must comply with any technical limitations in the Software that only allow you to use it in certain ways. Notwithstanding any

other term of this RDS CAL, this RDS CAL does not grant a license to access or use any other functionality contained in the Server Software.

3. TERMINATION. Without limiting any other rights, Licensor and Microsoft may terminate this RDS CAL if you do

not abide by the terms of this RDS CAL.

4. NOT FOR RESALE SOFTWARE. You may not sell RDS CALs marked as “NFR” or “Not for Resale.”

5. ACADEMIC EDITION SOFTWARE. You must be a “Qualified Educational User” to use RDS CALs marked as “Academic Edition” or “AE.”

1 LICENSOR: Specify the total number of Terminal Services Client Access Licenses (Device) the end-user acquires under this RDS CAL (Corporate).

2 LICENSOR: Specify the total number of Terminal Services Client Access Licenses (User) the end-user acquires under this RDS CAL (Corporate).

3 LICENSOR: Specify the total number of Terminal Services Client Access Licenses (Device) the end-user acquires under this RDS CAL (Academic).

4 LICENSOR: Specify the total number of Terminal Services Client Access Licenses (User) the end-user acquires under this RDS CAL (Academic).

ISV Royalty Agreement EULA (October 1, 2012) Page 2 of 2

6. ENTIRE AGREEMENT. This RDS CAL is the entire agreement between you and Licensor relating to the RDS CAL

and your use of the software and they supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to the RDS CAL and the software.

7. NOT FAULT TOLERANT. THE SOFTWARE IS NOT FAULT TOLERANT. LICENSOR HAS INDEPENDENTLY DETERMINED HOW TO USE THE SOFTWARE IN THE INTEGRATED SOFTWARE APPLICATION OR

SUITE OF APPLICATIONS THAT IT IS LICENSING TO YOU, AND MICROSOFT HAS RELIED ON

LICENSOR TO CONDUCT SUFFICIENT TESTING TO DETERMINE THAT THE SOFTWARE IS SUITABLE FOR SUCH USE.

8. NO WARRANTIES BY MICROSOFT. YOU AGREE THAT IF YOU HAVE RECEIVED ANY WARRANTIES WITH REGARD TO EITHER (A) THE SOFTWARE, OR (B) THE SOFTWARE APPLICATION OR SUITE OF

APPLICATIONS WITH WHICH YOU ACQUIRED THE SOFTWARE, THEN THOSE WARRANTIES ARE PROVIDED SOLELY BY THE LICENSOR AND DO NOT ORIGINATE FROM, AND ARE NOT BINDING ON,

MICROSOFT. MICROSOFT DOES NOT PROVIDE AN IMPLIED WARRANTY OF MERCHANTABILITY OR

ANY OTHER EXPRESS OR IMPLIED WARRANTY.

9. NO LIABILITY OF MICROSOFT FOR CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY

APPLICABLE LAW, MICROSOFT SHALL HAVE NO LIABILITY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE

OR PERFORMANCE OF THE SOFTWARE OR THE SOFTWARE APPLICATION OR SUITE OF

APPLICATIONS WITH WHICH YOU ACQUIRED THE SOFTWARE, INCLUDING WITHOUT LIMITATION, PENALTIES IMPOSED BY GOVERNMENT. THIS LIMITATION WILL APPLY EVEN IF ANY REMEDY

FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL MICROSOFT BE LIABLE FOR ANY AMOUNT IN EXCESS OF TWO HUNDRED FIFTY U.S. DOLLARS (US$250.00).

10. FOR AUSTRALIA ONLY. References to “Limited Warranty” are references to the express warranty provided by Microsoft. This warranty is given in addition to other rights and remedies you may have

under law, including your rights and remedies in accordance with the statutory guarantees under

the Australian Consumer Law.

If the Australian Consumer Law applies to your purchase, the following applies to you: Our goods

come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably

foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the

goods fail to be of acceptable quality and the failure does not amount to a major failure.

Microsoft and Windows Server are registered trademarks of Microsoft Corporation in the United States and/or other

countries.