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(iii)
"Operating System Environment" or "OSE" means all or part of an operating system Instance, or all
or part of a virtual (or otherwise emulated) operating system Instance which enables separate
machine identity (primary computer name or similar unique identifier) or separate administrative
rights, and instances of applications, if any, configured to run on the operating system Instance or
parts identified above. There are two types of OSEs, physical and virtual. A physical hardware
system can have one Physical OSE and/or one or more Virtual OSEs.
(iv)
"Physical OSE" means an OSE that is configured to run directly on a physical hardware system. The
operating system Instance used to run hardware virtualization software (e.g. Microsoft Hyper-V or
similar third-party technologies) or to provide hardware virtualization services (e.g. Microsoft
virtualization technology or similar third-party technologies) is considered part of the Physical OSE.
(v)
"Qualified Operating System" or "QOS" means the following latest generation Microsoft embedded
operating system Products which may be used as an Embedded System Physical OSE under the
terms of this AT:
(vi)
"Virtual OSE" means an OSE that is configured to run on a virtual hardware system. Product to
which this AT applies must be deployed as a Virtual OSE.
(2) An embedded system must not be a thin client or mobile device.
(b) The rights granted in this AT are in addition to the rights granted in the Embedded Agreement. For
clarification purposes, Company's embedded solutions must comply with the definition of Embedded system
and all terms and conditions related to Embedded Systems including Section 2 (License Grant and
Limitations) of the Embedded Agreement. 11 10/1/18
(c) For Embedded systems where the Physical OSE is a QOS, Company must use the applicable Products
containing 'Virtualization Only for Qualified Operating System' as part of the Product Name and pay the
corresponding royalty for such Products. Company may only Distribute a QOS as a Physical OS with an
Embedded System that meets the Processor Requirements for the QOS.
(d) For Embedded Systems where the Physical OSE is a Non-QOS, Company must use the applicable Products
containing 'Virtualization Only for Non-Qualified Operating System' as part of the Product Name and pay the
corresponding royalty for such Products. Company may only Distribute a Non-QOS as a Physical OS with an
Embedded System that meets the Processor Requirements for Non-QOSes that are previous versions of
Microsoft embedded operating system Products.
(e) Company must not add or remove a Virtual OSE or move a Virtual OSE from the Embedded System to
another Embedded System after final configuration and delivery of the Embedded System to an End User.
However, an existing Virtual OSE may be replaced with an identical Virtual OSE for recovery purposes.
(f) Only one user at a time may access the Embedded System.
(g) With the exception of access for administration and technical support purposes, using the Windows remote
assistance feature or similar technology is prohibited. Company does not need a license to access Instances
only to administer the Product software.
(h) An OSE must not contain a non-embedded version of a Microsoft operating system product.
(1) For non-OA 3.0 Product, Company must affix a separate COA and pay a separate royalty rate for each
Instance of the Product installed (excluding recovery solutions allowed under the Embedded Agreement).
For OA 3.0 Product, Company must install only one Instance of the Product utilizing a DPK and affix the
appropriate GML. For any additional Instances of the Product, Company must affix a COA, and pay a
separate royalty for each Instance (excluding recovery solutions allowed under the Embedded
Agreement).
(j) There is no limit on the number of Virtual OSEs allowed, however Company must comply with the COA/GML
and payment requirements in subsection (i) above.
(k) Migration rights as described in Section 7 of the Licensing Appendix do not apply to Embedded Systems
containing one or more Virtual OSEs.
(l) A Virtual OSE must not be utilized to perform the functions of a thin client device.
(m) Any Product virtualization rights not explicitly granted in this AT are prohibited including, but not limited to:
(1) Application virtualization (i.e., no App-V);
(2) Presentation virtualization (i.e., no functioning as a Virtual Desktop Infrastructure server); and
(3) Software appliances (i.e., no shipping Virtual OSE without hardware; no hosting Virtual OSE on a server,
in a datacenter or in the cloud).
(n) Company must include the following additional terms in the License Terms distributed with Embedded
Systems in compliance with this AT and otherwise comply with the requirements stated in Section 4(c) of the
Licensing Appendix.
(1) "Instance" means an instance of software created by executing the software's setup or install procedure
or by duplicating an existing Instance. To "run an Instance" means to load an Instance of the software
Guide utilisateur XENTRY Diagnosis Kit 4 - GSP/ORE, version 09/2020 (valable jusqu'à résiliation)
Mercedes-Benz AG, Mercedesstr. 120, 70372 Stuttgart
Microsoft® Windows Server®Hyper-V
Windows® 10 Enterprise [LTSB, LTSC, or SAC] for IoT High End or successor Product; or
Windows Server® 2012 / 2012 R2 for Embedded Systems [Standard or Datacenter] or
successor Product.
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