How would you push out Windows 10 and Office 2016?

[Danielx64]

So in the past every time a computer needed to be rebuilt I would just grab out the DVDs and do a manual install of everything.

 

Now that I am tasked with getting Windows 10 and Office 2016, I would like to change that.

 

There is 2 ways that I would deal with this:

 

A: plain image with latest CU update installed and then have a batch file that would install everything needed. That includes office, AV, Adobe reader etc.

 

B: A master image that has the bare bone of what needed on every computer and then have a batch script that is only used on the required computers that needs custom software installed.

 

What route would you take and why?

 

Also for Office 2016 is there one big CU that I can download to get office up to date or is it still like the XP days of needing to install 50+ small updates?

 

And yes I am looking at using KMS instead of MAK for dealing with product activation.

 

Thank you  

[JakeB]

If you have an enterprise license images are allowed but Pro and Home imaging isn't legal. At my work we make an image with key apps on the image. Now with Office you have Office 365 and Office 2016. They are basically the same thing but one activates with a key. 

[farmeunit]

We do a base universal image with the latest CU.  Everything else is install after the face.  We use ZENworks to deploy everything, which is similar to SCCM.  A lot of schools I know of use FOG.  As for Office, I have never had luck getting the updates to install during imaging, so I just let WSUS handled it.  No CU for Office that I know of.  Just the SP when released, but we'll just build a new package from the SP media.

 

Imaging Pro is legal if the machines are already licensed for it.  Just upgrade licensing isn't, at least from what I have read.

[JakeB]

Yes it's always legal to use an image for a specific machine. That's why ghost and Acronis are legal for personal use. The imaging process which involves a couple images on all machines. Basically the OEM's give you an image on the restore partition or media. The cost for Office 2016 will be higher for the local version compared to Office 365.  

[Mando]

i used to keep media on good usb sticks, but were now hosting parent corps SCCM.....refuse to do any systems any other way now. Office done the same way as part of the packaging process, just as SEP and other essentials on every box. bit of sysprep is required and the right to have SCCM but with W10 its just sooo much easier.

[Danielx64]

14 hours ago, JakeB said:

If you have an enterprise license images are allowed but Pro and Home imaging isn't legal. At my work we make an image with key apps on the image. Now with Office you have Office 365 and Office 2016. They are basically the same thing but one activates with a key. 

Thank you for the comment. I see what your saying but after reading the agreement I have doubts if I am licensed to even run enterprise LTSB. Our agreement is below:

 

Quote

Charity Open License Agreement

Contents

1.       Definitions.

2.       Eligibility to purchase.

3.       License grants — what Customer is licensed to run.

4.       How to know what Product Use Rights apply.

5.       Affiliates submitting orders under an existing Authorization Number.

6.       Volume License Product Key.

7.       Making copies of Products and re-imaging rights.

8.       Transferring and reassigning Licenses.

9.       Confidentiality.

10.     Warranties.

11.     Defense of infringement and misappropriation claims.

12.     Limitation of liability.

13.     Verifying compliance.

14.     How to renew an order.

15.     Miscellaneous.

This Microsoft Charity Open License Agreement is between Customer (entity identified as licensee in the Online Records if Customer is an eMOLP customer or on paper license certificate if Customer is a pMOLP customer) and Microsoft.

This agreement consists of (1) these terms and conditions, (2) the Product List, and (3) the Product Use Rights applicable to Products acquired under this agreement.

By exercising the rights granted in this agreement, or indicating Customer’s acceptance to this agreement at https://eopen.microsoft.com (or a successor site Microsoft identifies), Customer (1) agrees to be bound by the terms and conditions of this agreement and (2) represents and warrants to Microsoft that Customer satisfies any and all eligibility requirements to acquire the copies of the Product(s) covered under this agreement.  If Customer does not agree to the terms of this agreement, Customer should promptly contact the reseller for a refund, return all products(s) and any other materials provided to Customer under this agreement, and delete any copies Customer has made of the product(s) provided under this agreement.

A printed copy of all documents contained in the web locations provided in this agreement may be obtained by Customer from its Reseller/Distributor upon request.

Terms and Conditions

A Note on Section Summaries:  Some sections of this agreement have a summary at the beginning.  These summaries are intended for ease of reference, and are not part of the agreement.  If any summary conflicts with the section it is summarizing, the section of the agreement, and not the summary, controls.

1.       Definitions. 

In this agreement, the following definitions apply:

“Affiliate” means (1) with regard to Customer, any legal entity that Customer owns, which owns Customer, or which is under common ownership with Customer, and (2) with regard to Microsoft, any legal entity that Microsoft owns, which owns Microsoft, or which is under common ownership with Microsoft.  (“ownership” means, for purposes of the definition, more than 50% ownership);

“Authorization Number” means the unique number reflected in the Online Records (if Customer is an eMOLP Customer) or on the paper license certificate (if Customer is an pMOLP Customer).that allows Customer to place one or more purchase orders under the Microsoft Charity Open License program for 24 full calendar months following the issuance date of the Authorization Number;

“available” means, with respect to a Product, that Microsoft has made Licenses for that Product available for ordering under a particular Licensing program;

“Customer” means the entity identified as licensee in the Online Records (if Customer is an eMOLP Customer) or on the paper license certificate (if Customer is a pMOLP Customer);

“Defined Region” means the country in which Customer is located. 

“Eligible Charitable Organization," means any organizations identified by Microsoft as eligible under the eligibility criteria for the organization’s Defined Region published at http://microsoft.com/licensing/contracts.

 “eMOLP Customer” means Customer is an eMOLP Customer if Customer’s License certification under the Microsoft Open License Agreement is delivered to Customer electronically via the secure eMOLP website;

“Fix(es)” means Product fixes, modifications or enhancements or their derivatives that Microsoft either releases generally (such as commercial Product service packs) or that Microsoft provides to Customer when performing services (such as workarounds, patches, bug fixes, beta fixes and beta builds);

“License” means, for any one of the Products identified in the Product List (including standard Licenses and upgrades for desktop operating systems), the right to run the version of the Product for which it is ordered;

“L&SA” means a License and Software Assurance for any Product ordered;

“Microsoft” means the Microsoft Affiliate that has entered into this agreement and its Affiliates, as appropriate;

“Online Records” means Microsoft’s records as reflected at https://eopen.microsoft.com (or a successor site Microsoft identifies) if Customer is an eMOLP Customer with respect to any particular purchase order Microsoft processes, adjusted to reflect any agreed License transfers, returns and other adjustments;

“pMOLP Customer” means Customer is a pMOLP Customer if Customer’s License certification under the Microsoft Open License Agreement is delivered to Customer on paper License certificates;

 “Product” means any product Microsoft makes available for License for a fee, including online services and other web based services;

“Product List” means, with respect to any licensing program, the statement published by Microsoft from time to time on the World Wide Web athttp://microsoft.com/licensing/contracts, or at a successor site that Microsoft identifies, that identifies the Products that are or may be made available under the program (which availability may vary by region) and any Product-specific conditions or limitations on the acquisition of Licenses for those Products;

“Product Use Rights” means, with respect to any licensing program, the use rights for each Product and version published for that licensing program at http://www.microsoft.com/licensing/contracts or at a successor site.

“run” and “use” mean to copy, install, use, access, display, run or otherwise interact with; and

“Software Assurance” means an annuity offering that provides new version rights and other benefits for Products as described in the Product List. 

2.       Eligibility to purchase. 

Customer must be an “Eligible Charitable Organization” to acquire Products under the terms of this agreement.

In order to acquire any Product under the terms of this agreement, Customer must be an Eligible Charitable Organization.  If Customer loses its status as an Eligible Charitable Organization subsequent to licensing Products under this agreement, Customer may continue to use copies for which Customer is licensed, but Customer may not submit any new order for Licenses under the Microsoft Charity Open License program. 

3.       License grants — what Customer is licensed to run.

Customer can use the number of copies of each Product specified in the Online Records (if Customer is an eMOLP Customer) or on the paper License certificate (if Customer is a pMOLP Customer).  Customer can choose to use any earlier version of the Product that it licenses.

Customer has the following rights during the term of this agreement. These rights apply to the Licenses acquired under an Authorization Number and are not related to any order or fulfillment of media.  The ability to run current or later versions of a Product acquired under this agreement could be affected by minimum system requirements or other factors (e.g. hardware or other software).

a.   General.  Customer may use the number of copies of each acquired Product specified in the Online Records(if Customer is an eMOLP Customer) or on the paper license certificate (if Customer is a pMOLP Customer).

b.   Prior version or different language version.  Customer may run in place of any Product version it acquires under this agreement a prior version or different language version (so long as the License, L&SA or Software Assurance for that different language version is available under the Microsoft Charity Open License program at the same or a lower price than the price paid for the corresponding License type for the version ordered) of the same Product.

c.   Perpetual Licenses through Software Assurance.  Any perpetual Licenses received through Software Assurance supersede and replace the underlying perpetual Licenses for which that Software Assurance coverage was ordered. All perpetual Licenses acquired under this agreement remain subject to the terms of this agreement and the applicable Product Use Rights.

d.   License confirmation.  The Online Records (if Customer is an eMOLP Customer) or on the paper license certificate (if Customer is a pMOLP Customer) and this agreement are Customer’s confirmation and evidence of the Licenses granted under this agreement.

e.   Restrictions on use.  Acquired Products may be used only by and for the benefit of an Eligible Charitable Organization.  Customer must not:

(i)   separate and use the components of a Product on two or more computers, upgrade or downgrade components at different times, or transfer components separately, except as provided in the Product Use Rights;

(ii)  reverse engineer, decompile or disassemble any Product or Fix, except where applicable law permits it despite this limitation; or

(iii) rent, lease, lend or host to or for third parties any Product or Fix except where Microsoft agrees in a separate written agreement.

f.    Qualifying system Licenses.  Operating system Licenses provided under this program are upgrade Licenses only.  Full operating system Licenses are not available under this program.  Therefore, all qualified desktops on which Customer will run the Windows Desktop Operating System Upgrade must be licensed to run one of the qualifying operating systems identified in the Product List athttp://microsoft.com/licensing.

g.   Product support.  Product support is not included with Licenses granted under this agreement.

h.   U.S. Export jurisdiction.  Products and Fixes are subject to U.S. export jurisdiction. For additional information, seehttp://www.microsoft.com/exporting/.

i.    Online services.  The terms and conditions of the agreement apply to online services subscriptions throughout the entire term of the subscription except as provided here and in the Product List or Product Use Rights at http://microsoft.com/licensing/contracts.  Online services are provided as subscription services and may carry terms that are independent of the agreement terms.  Billing terms for online services subscriptions may also differ from the terms of this agreement.

4.      How to know what Product Use Rights apply.

Generally, Microsoft agrees to lock-in the Product Use Rights on the Authorization Number activation date, for current versions, and on the date of first release, for new versions, so that any subsequent changes Microsoft makes to the Product Use Rights will not affect Customer.  A special rule applies in the case of downgrades, as described below. 

a.   Product Use Rights. Microsoft publishes Product Use Rights for each version of each Product.  

(i)   Product Use Rights for current and future versions of Products. 

The Product Use Rights in effect on the Authorization Number activation date will apply to Customer’s use of then-current versions of each Product.  For future versions, the Product Use Rights in effect when those future versions are first released will apply. In both cases, subsequent changes made by Microsoft to the Product Use Rights for a particular version will not apply to Customer’s use of that version.

(ii)  Product Use Rights for earlier versions (downgrade).

If Customer runs an earlier version of a Product than the version that was current on the Authorization Number activation date, the Product Use Rights for the version licensed, not the version being run, will apply.  However, if the earlier version includes components that are not part of the licensed version, any Product Use Rights specific to those components will apply to Customer’s use of those components.

5.       Affiliates submitting orders under an existing Authorization Number. 

Affiliates within a Customer’s Defined Region may share the Customer’s Authorization Number when ordering from a local reseller.

Any Affiliate organized and operated under the laws of a country within a Customer’s Defined Region may share that Customer’s Authorization Number for purposes of ordering Licenses under the Microsoft Charity Open License program at the price level for which the Customer qualifies.  Affiliates using a Customer’s Authorization Number must (1) order only from the Product pool(s) covered by such Authorization Number; (2) place all orders through resellers in their own countries; and (3) place all orders prior to the expiration of such Authorization Number.  Microsoft will not reject any orders unreasonably.

6.       Volume License Product Key. 

Certain Products require Volume License Product Keys (VLK) for installation.  Information on VLKs can be found at http://microsoft.com/licensing under “Get your Volume License or Online Services Key.”

Customer needs to use a specific Volume License Product Key (VLK) to install certain acquired Products.  This VLK is provided in the Online Records for Customer’s exclusive use for each specific License purchase.  Customer agrees to use its best efforts to keep a secure record of this Product key, including not disclosing this Product key to any unauthorized third party.  For further information on VLKs, go tohttp://microsoft.com/licensing and click on the “Get your Volume License or Online Services Key” link.

7.       Making copies of Products and re-imaging rights. 

Customer may make as many copies as it needs.  The copies must be complete and from master copies acquired from an authorized source.  In certain circumstances, Customer has re-imaging rights.

a.   Copies necessary for internal deployment.  Customer may make as many copies of the acquired Products as necessary solely to distribute them for use by its users as outlined in this agreement.  Copies must be true and complete copies (including copyright and trademark notices) and be made from media or a network source acquired from or made available by a Microsoft approved fulfillment source for that Product.  Customer may use a third party to make and install these copies, but Customer agrees that it will be responsible for that third party’s actions.  Customer agrees to use reasonable efforts to make its employees, agents and other individuals that it allows to use the Products aware that the Products are acquired from Microsoft and subject to the terms of this agreement. 

b.   Right to re-image.  In certain cases, re-imaging is permitted using the Product media.  If the Product(s) is licensed (1) from an original equipment manufacturer (OEM), (2) as full packaged Product through a retail source, or (3) under another Microsoft program, then media provided under this agreement may be used to create images for use in place of copies provided through that separate source.  This right is conditional upon the following:

(i)    Separate Licenses must be owned from the separate source for each Product that is re-images.

(ii)   The Product, language, version and components of the copies made must be identical to the Product, language, version and all components of the copies they replace and the number of copies or instances of the re-imaged Product permitted remains the same.

(iii)  Except for copies of an operating system and copies of Products acquired under another Microsoft program, the Product type (e.g. upgrade or full License) must be identical to the Product type from the separate source.

(iv)  Re-images made under this subsection remain subject to the terms and use rights provided with the License from the separate source. This subsection does not create or extend any warranty or support obligation.

8.       Transferring and reassigning Licenses. 

Customer may transfer Licenses to an Affiliate and to third parties in connection with a divestiture, merger, or consolidation provided it gives notice to Microsoft.  Customer cannot transfer Licenses to third parties under other circumstances without Microsoft’s prior consent.  Transferees must agree to be bound by applicable terms.  License transfers must be permanent. With certain exceptions, Software Assurance cannot be transferred; all versions of upgrades must be transferred together; operating system Licenses must stay with the computer system on which they were first installed.  Generally, Customer can reassign Licenses internally, from one user to another or from one desktop to another.

a.     Transferring Licenses to Affiliates or third parties.

(i)     Right to transfer.  Customer may transfer the Licenses identified in the Online Records (if Customer is an eMOLP Customer) or on the paper license certificate (if Customer is a pMOLP Customer). to (1) an Affiliate organized and operated under the laws of a country within Customer’s Defined Region or (2) to an unaffiliated third party in connection with a merger, divestiture or consolidation of an Affiliate or operating division.  To do so, (1) such transfer must include all Licenses issued in connection with the initial purchase order and any subsequent purchase order placed under the Authorization Number, and the right to acquire additional Licenses in the future under the Authorization Number; (2) Customer must complete and send to Microsoft a transfer notice in a  form which can be obtained from http://microsoft.com/licensing/contracts within 30 days of the date of transfer, and (3) the transferee must be an Eligible Charitable Organization.  All other transfers require Microsoft’s prior written consent.  Guidance on what types of transfers are permissible can be found at http://microsoft.com/licensing/contracts.  No License transfer will be valid unless Customer provides to the transferee, and the transferee accepts in writing, the applicable Product Use Rights, use restrictions, limitations of liability, and the transfer restrictions described in this section.  Any transfer not made in compliance with this section will be void.  The resale of Licenses, including any transfer by a Customer or its Affiliate with a primary purpose to enable the transfer of those Licenses to an unaffiliated third party, is expressly prohibited.

(ii)   Certain transfers not permitted.  Customer may not transfer any of the following:

·         Licenses on a short-term basis (90 days or less);

·         temporary rights to use Products;

·         Software Assurance coverage;

·         Licenses for any version of any Product acquired through Software Assurance separately from underlying Licenses for which that Software Assurance coverage was acquired; or

·         an upgrade License for a desktop operating system Product separately from the underlying operating system License, or from the computer system on which the Product is first installed.

b.      Internal Reassignment of Licenses and Software Assurance.

(i)    For Products other than the desktop operating system.  For Products other than the desktop operating system, Customer may reassign Licenses within its  charitable organization.  However, Customer may not reassign Licenses on a short-term basis (90 days or less), or reassign Software Assurance or other upgrade coverage separately from the underlying License, except as provided otherwise in this agreement.  Customer may not reassign desktop operating system Licenses from one computer to another.

(ii)  For desktop operating systems.  Customer may reassign Software Assurance coverage on desktop operating systems from the original computer to a replacement computer within its organization, so long as (1) the replacement computer is licensed to run the latest version of that operating system, and (2) Customer removes any desktop operating system upgrades from the original computer.

9.       Confidentiality.

 Each party agrees not to disclose the terms of this agreement except as provided below.  Feedback a party gives about the other party’s products or services is not confidential and can be used by the receiving party.  Each party has a right to use residual information obtained in the course of their relationship, and neither is obligated to restrict their own representatives’ work assignments because of this agreement.

To the extent permitted by applicable law, the terms and conditions of this agreement are confidential.  Neither party will disclose such terms and conditions, or the substance of any discussions that led to them, to any third party other than Affiliates or agents, or to designated or prospective resellers who: (1) have a need to know such information in order to assist in carrying out this agreement; and (2) have been instructed that all such information is to be handled in strict confidence.

If one party provides suggestions for changes or improvements, or other feedback, to the other party about the other party’s products or services, the party receiving the feedback may use it for any purpose without obligation of any kind, except that the receiving party will not disclose the source of feedback without the consent of the party providing it.

Neither party is required to restrict work assignments of representatives who have had access to confidential information.  Neither party can control the incoming information the other will disclose to it in the course of working together, or what that party’s representatives will remember, even without notes or other aids.  Each party agrees that use of information in representatives’ unaided memories in the development or deployment of the parties’ respective products or services does not create liability under this agreement or trade secret law, and each party agrees to limit what it discloses to the other accordingly.

10.     Warranties.

Microsoft warrants that its Products will work substantially as described in the accompanying documentation, subject to certain limitations.  If not, Microsoft will provide replacement Product or a refund.  Microsoft disclaims all other warranties.

a.   Limited Product warranty.  Microsoft warrants that each version of a Product acquired by Customer will perform substantially as described in the applicable Microsoft user documentation.  This warranty is subject to the following limitations:

(i)   the warranty applies for one year from the date Customer first runs a copy of the Product;

(ii)  to the maximum extent permitted by law, any implied warranties, guarantees or conditions last only during the term of the limited warranty, except where applicable law does not permit such a limitation;

(iii) the warranty does not cover problems caused by accident, abuse or use of the Products in a manner inconsistent with this agreement or the Product Use Rights, or resulting from events beyond Microsoft’s reasonable control;

(iv) to the maximum extent permitted by law, the warranty does not apply to components of Products that Customer is permitted to redistribute; and

(v)  the warranty does not apply to problems caused by the failure to meet minimum system requirements.

b.   Remedies for breach of limited Product warranty.  If Customer notifies Microsoft within the warranty period that a Product does not meet the limited warranty, then Microsoft will, at its option, either (1) ensure the Customer receives a refund of the price paid for the Product or (2) repair or replace the Product.  To the maximum extent permitted by law, these are Customer’s only remedies for breach of the limited warranty, unless other remedies are required to be provided under applicable law.

c.   Support services.  If Microsoft provides any support services, Microsoft warrants that they will be performed using generally accepted industry standards and practices, and that Microsoft will use commercially reasonable efforts in providing support services.

d.   DISCLAIMER OF OTHER WARRANTIES.  OTHER THAN THIS LIMITED WARRANTY, MICROSOFT PROVIDES NO OTHER EXPRESS OR IMPLIED WARRANTIES.  MICROSOFT DISCLAIMS ANY IMPLIED REPRESENTATIONS, WARRANTIES, OR CONDITIONS, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE OR NON-INFRINGEMENT.  THESE DISCLAIMERS WILL APPLY UNLESS APPLICABLE LAW DOES NOT PERMIT THEM.

11.     Defense of infringement and misappropriation claims.

Microsoft agrees to defend Customer against claims that Microsoft software infringes someone else’s intellectual property rights, and pay any damages awarded by a court or in a settlement.  There are several exceptions, which limit Microsoft’s obligations in cases where Customer has contributed in some way to the claim.  If something Customer has done caused the claim and Microsoft is damaged, Customer must reimburse Microsoft.

If Microsoft believes that it is necessary to avoid an infringement claim, Microsoft may replace or modify the Products Customer is using.  If someone enjoins Customer use of a Product, Microsoft will, at its option, replace the Product, modify it to make it non-infringing, obtain the rights Customer needs to keep using it, or refund Customer’s money.

a.   Agreement to protect.  Microsoft will defend Customer against any claims made by an unaffiliated third party that any Product or Fix infringes that party’s patent, copyright or trademark or makes intentional unlawful use of its trade secret or undisclosed information.  Microsoft will also pay the amount of any resulting adverse final judgment (or settlement to which Microsoft consents).  This section provides Customer’s exclusive remedy for these claims.  The term “undisclosed information” is used in accordance with Article 39.2 of the TRIPs agreement.

b.   What the Customer must do. Customer must notify Microsoft promptly in writing of the claim and give Microsoft sole control over its defense or settlement.  Customer must also provide Microsoft with reasonable assistance in defending the claim.  Microsoft will reimburse Customer for reasonable out of pocket expenses that it incurs in providing that assistance.

c.   Limitations on defense obligation.  Microsoft’s obligations will not apply to the extent that the claim or award is based on:

(i)     Customer’s use of the Product or Fix after Microsoft notifies it to discontinue that use due to a third party claim;

(ii)    Customer’s combination of the Product or Fix with a non-Microsoft product, data or business process;

(iii)   damages attributable to the value of the use of a non-Microsoft product, data or business process;

(iv)   modifications that Customer makes to the Product or Fix;

(v)    Customer’s redistribution of the Product or Fix, or its use for the benefit of, any unaffiliated third party;

(vi)   Customer’s use of Microsoft’s trademark(s) without express written consent to do so; or

(vii)  any trade secret or undisclosed information claim, where Customer acquires the trade secret or undisclosed information (1) through improper means; or (2) under circumstances giving rise to a duty to maintain its secrecy or limit its use; or (3) from a person (other than Microsoft or Microsoft’s Affiliates) who owed to the party asserting the claim a duty to maintain the secrecy or limit the use of the trade secret or undisclosed information.

Customer will reimburse Microsoft for any costs or damages that result from any of these actions.

d.   Specific rights and remedies in case of infringement. 

(i)   Microsoft’s rights in addressing possible infringement.  If Microsoft receives information concerning an infringement claim related to a Product or Fix, Microsoft may, at its expense and without obligation to do so, either:

·         procure for Customer the right to continue to run the allegedly infringing Product or Fix, or

·         modify the Product or Fix, or replace it with a functional equivalent, to make it non-infringing, in which case Customer will immediately stop using the allegedly infringing Product or Fix after receiving notice from Microsoft. 

(ii)  Customer’s specific remedy in case of injunction.  If, as a result of an infringement claim, Customer’s use of a Product or Fix is enjoined by a court of competent jurisdiction, Microsoft will, at its option, either

·         procure the right to continue its use, or

·         replace it with a functional equivalent, or

·         modify it to make it non-infringing, or

·         ensure Customer receives a refund of the amount paid and terminate the License for the infringing Product or Fix.

12.     Limitation of liability.

Microsoft limits its liability to Customer to the amount of money paid under this agreement to Microsoft for the Product giving rise to the claim.  This limit does not apply, however, to Microsoft’s obligations under the section titled “Defense of infringement and misappropriation claims,” or to damages Customer incurs because of Microsoft’s breach of its confidentiality obligations or because of Microsoft’s gross negligence or willful misconduct.

Each party agrees that it will not be liable to the other for consequential, indirect, punitive or special damages, except those that result from a breach of confidentiality or from one party violating the other’s intellectual property rights.

a.   Limitation on liability.  Except as otherwise provided in this section, to the extent permitted by applicable law, the liability of Microsoft to Customer arising under this agreement is limited to direct damages up to the amount paid under this agreement for the Product giving rise to that liability.  In the case of software code that Customer is authorized to redistribute to third parties without separate payment to Microsoft, Microsoft’s liability is limited to U.S. $500.  These limitations apply regardless of whether the liability is based on breach of contract, tort (including negligence), strict liability, breach of warranties, or any other legal theory.  However, these monetary limitations will not apply to:

(i)   Microsoft’s obligations under the section titled “Defense of infringement and misappropriation claims”; or

(ii)  liability for damages caused by Microsoft’s gross negligence or willful misconduct, or that of its employees or its agents, and awarded by a court of final adjudication; or

(iii) liabilities arising out of any breach by Microsoft of its obligations under section titled “Confidentiality”; or

(iv) liability for personal injury or death caused by Microsoft’s negligence or that of its employees or agents or for fraudulent misrepresentation.

b.   EXCLUSION OF CERTAIN DAMAGES.  TO THE EXTENT PERMITTED BY APPLICABLE LAW, WHATEVER THE LEGAL BASIS FOR THE CLAIM, NEITHER PARTY, NOR ANY OF ITS AFFILIATES OR SUPPLIERS, WILL BE LIABLE FOR ANY INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES, DAMAGES FOR LOST PROFITS OR REVENUES, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING IN CONNECTION WITH THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH POSSIBILITY WAS REASONABLY FORESEEABLE.  HOWEVER, THIS EXCLUSION DOES NOT APPLY TO EITHER PARTY’S LIABILITY TO THE OTHER FOR VIOLATION OF ITS CONFIDENTIALITY OBLIGATIONS OR OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS.

13.     Verifying compliance.

Microsoft has the right to request Customer to conduct an internal audit of all Microsoft Products in use.  Following an audit, Customer must provide a written statement certifying that it has sufficient Licenses or has ordered sufficient Licenses to permit all usage disclosed by the audit.

For the term of this agreement plus any time up to one year after the Authorization Number expires, Customer must keep all usual and proper records relating to the Products Customer runs.  Microsoft may request that Customer conduct an internal audit of all Microsoft Products in use throughout Customer’s organization, comparing the number of Products in use to the number of effective Licenses issued in Customer’s name, at any time up to one year after the Authorization Number expires.  Following any audit, Customer agrees to deliver to Microsoft a written statement signed by its authorized representative, certifying that either (1) Customer has sufficient Licenses to permit all usage disclosed by the audit, or (2) Customer has ordered sufficient Licenses to permit all usage disclosed by the audit.  By requesting an audit, Microsoft does not waive its rights to enforce this agreement or to protect Microsoft’s intellectual property by any other means permitted by law.

14.     How to renew an order. 

Customer can renew Software Assurance coverage by placing a renewal order.

Software Assurance coverage ordered under the Authorization Number associated with this agreement will expire upon expiration of such number.  Customer may have the opportunity to renew Software Assurance coverage when it expires.  Microsoft will not unreasonably reject any order renewing Software Assurance coverage under the Microsoft Charity Open License program.  To renew, Customer must submit to its reseller a renewal order for Software Assurance for all copies of all Products renewed within the time period specified in the Product List.  If Customer elects not to renew Software Assurance coverage for those copies of Products ordered under the Microsoft Charity Open License program, and if Customer otherwise allows Software Assurance for those copies to lapse, then Customer will not be permitted to purchase Software Assurance for those copies later without first acquiring L&SA for those copies.

15.     Miscellaneous.

a.   Applicable law.  This agreement is governed by the laws of the State of Washington.

b.   Non-exclusivity.  This agreement is non-exclusive.  Nothing contained in it requires Customer to acquire, use or promote Microsoft Product exclusively.  Customer may, if it chooses, enter into agreements with other parties to acquire, use or promote non-Microsoft products. 

c.   Advisor fee.  Microsoft, or its Affiliates, sometimes pay fees to Software Advisors or other third parties authorized by Microsoft or one of its Affiliates. The fees are in exchange for their advisory services.  The payment of fees depends upon several factors, including the type of agreement under which Licenses are ordered, which Licenses are ordered, and whether Customer chooses to use an advisor.  The fee amounts increase with the size of the orders placed under this agreement.

d.   No transfer of ownership.  Microsoft does not transfer any ownership rights in any acquired Product.  Microsoft reserves all rights not specifically granted.  The Products are protected by copyright and other intellectual property rights laws and international treaties.

e.   Dispute resolution. 

(i)   If Customer is located in Australia, Hong Kong SAR, Korea, Malaysia, New Zealand, Singapore, or Taiwan, if Microsoft brings an action to enforce this agreement, Microsoft will bring it in the jurisdiction where Customer has Customer’s headquarters.  If Customer brings an action to enforce this agreement, Customer will bring it in the State of Washington. 

(ii)  If Customer is located in Bangladesh, India, Indonesia, Macao SAR, Sri Lanka, Thailand, The Philippines or Vietnam, any dispute arising out of or in connection with this agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Singapore in accordance with the International Arbitration Rules of the Singapore International Arbitration Centre (“SIAC”) (and not the SIAC Domestic Arbitration Rules), which rules are deemed to be incorporated by reference into this subsection.  The Tribunal shall consist of one arbitrator to be appointed by the Chairman of SIAC.  The language of the arbitration shall be English.  The decision of the arbitrator shall be final, binding and incontestable and may be used as a basis for judgment thereon in Customer’s country or elsewhere.  To the fullest extent permitted by applicable law, the parties waive their right to any form of appeal or other similar recourse to a court of law.

(iii) If Customer is located in Fiji or the Solomon Islands, each party submits to the exclusive jurisdiction of the Supreme Court of New South Wales and courts of appeal from it.

The above choice of jurisdiction or venue does not prevent either party from seeking injunctive relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction.

g.   Copyright violation.  Except to the extent Customer is licensed under this agreement, Customer will be responsible for Customer’s violation of Microsoft’s copyright in the products, including payment of license fees for unlicensed use.

h.   No need to use statutory form.  Without any liability to Customer, Microsoft reserves the right to either terminate or vary this agreement if Microsoft is required to use a statutory form.  If Microsoft chooses to terminate the agreement for this reason, all Customer’s rights granted under this agreement will terminate.

In any case where Customer is located in any of the jurisdictions cited below, the following country specific provisions will replace or supplement the equivalent provisions above.

Australia

Supplement the Agreement section 10, titled “Warranties,” with the following new subsection:

e.   Consumer remedies.  Notwithstanding anything in this agreement, consumers may have the benefit of certain rights or remedies pursuant to the Trade Practices Act 1974 (Cth) and similar state and territory laws in Australia in respect of which liability may not be excluded. If so, then to the maximum extent permitted by law, such liability is limited, at Microsoft’s option, in the case of goods to either (1) replacement of the goods or (2) correction of defects in the goods, and in the case of services to either (1) re-supply of the services or (2) the cost of the re-supply of the services.

Supplement the Agreement with new subsection 16i, titled “GST,” with the following:

i.    GST.  If any Australian goods and services tax (“GST”) is payable on any supplies made under this agreement, an amount on account of this GST will also be payable by Customer as invoiced to Customer.

Replace the Agreement subsection 16g, titled “Copyright violation,” with the following new paragraph:

g.   Copyright violation.  Except to the extent Customer is licensed under this agreement, Customer will be responsible for Customer’s violation of Microsoft’s copyright in the products, including payment of license fees for unlicensed use.  If section 183 of the Copyright Act 1968 (Cth) applies to Customer doing an act comprised in the copyright of the products licensed under this agreement, Customer agrees that the terms applicable to such acts are the terms of this agreement and Customer agrees to pay all license fees applicable.

Supplement the Agreement section 4, titled “How to know what Product use rights apply,” with the following after the last paragraph:

The version of the Product use rights applicable to a Product, as determined by the principles set out above, provide the only rights Customer has to run that Product.

Fiji

Replace the Agreement subsection 16a, titled “Applicable law,” with the following new section:

a.   Applicable law.  This agreement is governed by the laws of the State of New South Wales, Australia.

Malaysia

Supplement the Agreement section 10, titled “Warranties,” with the following new subsection:

e.   Consumer remedies.  Notwithstanding anything in this agreement, consumers may have the benefit of certain rights or remedies pursuant to the Consumer Protection Act in Malaysia in respect of which liability cannot be excluded or restricted.  If permitted by law and to the maximum extent permitted by law, such liability is limited, at Microsoft’s option, in the case of goods to either (1) replacement of the goods or (2) correction of defects in the goods, and in the case of services to either (1) re-supply of the services or (2) the cost of the re-supply of the services.

New Zealand

Supplement the Agreement with new subsection 16i, titled “Statutory liability,” with the following:

i.    Statutory liability.

(i)   Business.  Where Microsoft is a supplier (as that term is defined in the Consumer Guarantees Act 1993 (NZ)(“CGA”)) of the products or other goods or services, Customer confirms that the products or other goods or services provided by us under or in connection with this agreement are acquired for the purposes of a business (as that term is defined in the CGA) and Customer agrees that the CGA does not apply to the products or other goods or services supplied by Microsoft.

(ii)  Consumers.  Subject to sub-section (i) above, nothing in this agreement is otherwise intended to limit the rights of a “consumer” under the CGA where that Act applies, and the terms of this agreement are to be modified to the extent necessary to give effect to this intention.

(iii) On-Supply.  If Customer on-supplies to any person, Customer must include the following clause in the terms of all agreements for the on-supply of products:  “Where you are acquiring products or services for the purposes of a business, you acknowledge and agree that Microsoft Corporation and its affiliates have no liability or obligation to you under the Consumer Guarantees Act 1993 and where you on-supply the products or services you must include all of this clause in the terms of that on-supply”.

(iv) Failure to Comply.  Customer must indemnify and keep Microsoft and its affiliates indemnified and hold Microsoft and its affiliates free and harmless from any costs, expenses, loss or damages incurred by Microsoft or its affiliates as a result of Customer or any purchaser or acquirer from Customer failing to comply with the obligations contained in this section.

Supplement the Agreement with new subsection 16j, titled “GST,” with the following:

j.    GST.  If any New Zealand goods and services tax (“GST”) is payable on any supplies made under this agreement, an amount on account of this GST will also be payable by Customer as invoiced to Customer.

Singapore

Replace the Agreement subsection 12a, titled “Limitation of liability,” with the following new paragraph:

(ii)  Microsoft’s liability for damages for gross negligence or willful misconduct, to the extent caused by Microsoft or Microsoft’s agent and awarded by a court of final adjudication; and

(iii) in the case of death or bodily injury resulting from negligence.

Solomon Islands

Replace the Agreement subsection 16a, titled “Applicable law,” with the following new section:

a.   Applicable law.  This agreement is governed by the laws of the State of New South Wales, Australia.

Thailand

Replace the Agreement subsection 16g, titled “Copyright violation,” with the following new paragraph:

g.   Copyright violation.  Customer hereby agrees that any use of our products other than that licensed under this agreement will constitute an infringement and Customer will be responsible for Customer’s violation of Microsoft’s copyright in the products, including payment of license fees which represents an equitable fee for such use.

Supplement the Agreement subsection 3e, titled “Restrictions on use,” with the following:

(iv) Rent, lease, lend or host products, fixes or service deliverables, except where Microsoft agree by separate agreement; or

(v)  For the purpose of protecting Microsoft commercially valuable trade secrets, reverse engineer, de-compile or disassemble products, fixes or service deliverables, except to the extent expressly permitted by applicable law despite this limitation.

Vietnam

Replace the last sentence of the Agreement subsection 16f, titled “Dispute resolution,” with the following:

f.    Dispute Resolution.  The above choice of jurisdiction or venue does not prevent either party from seeking administrative action or initiating court action (including for injunctive relief) with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction.

 

All our pcs comes with a mix of OEM licenses for XP, Vista and windows 7. We also have some retail licenses for XP lying around as well.

 

As for office I know 100% that we are licensed to use office 2016 pro plus. Under the license tab in VLSC it shows

Version: 10 Enterprise

:Product Family: Windows E3 Per Device

 

As for deployment I think I might just stick with a batch file to install everything after the base windows 10 install. Then there is no need to mess with creating an image, sysprep and the rest of it.

 

Thank you

 

[farmeunit]

You'll need to SYSPREP your base image anyway.  If is best to install separately though as you can update the base image or programs independent of each other and always have newest versions available.  If you're a charity, you might check out http://www.techsoup.org/ and see if you are eligible for some deals there.

 

As for your rights, It's mostly gibberish to me on the finer points.  We're on the EES program, so we pay based on faculty members annually, so it's relatively inexpensive to stay current and completely legal as long as we get computers with a CoA, whether new or donated.  You can tell how many licenses you have by dividing by 10, I believe.  Or that used to be true, anyway.  You basically had 10 activations per license purchased.  We use KMS activation, but the MAK key count is what your licenses are based on.  I would recommend using KMS, also, if you have at least 25 machines.  You need a minimum of 25 for activation to work.  Office is only 5.

 

 

[Danielx64]

36 minutes ago, farmeunit said:

You'll need to SYSPREP your base image anyway.  If is best to install separately though as you can update the base image or programs independent of each other and always have newest versions available.  If you're a charity, you might check out http://www.techsoup.org/ and see if you are eligible for some deals there.

 

As for your rights, It's mostly gibberish to me on the finer points.  We're on the EES program, so we pay based on faculty members annually, so it's relatively inexpensive to stay current and completely legal as long as we get computers with a CoA, whether new or donated.  You can tell how many licenses you have by dividing by 10, I believe.  Or that used to be true, anyway.  You basically had 10 activations per license purchased.  We use KMS activation, but the MAK key count is what your licenses are based on.  I would recommend using KMS, also, if you have at least 25 machines.  You need a minimum of 25 for activation to work.  Office is only 5.

 

 

We already have the deals sorted so that no issue. Considering that I will need to contact MS anyway (we only have MAK keys and not KMS ones) I may as well ask about our license rights. Yes we do have more than 25 machines so that won't be an issue as well.

[PieterJan]

for the use of the patches of MS office you can use a updated computer and extract the MS office patches to a folder. copy the files in this folder in to the update folder of MS office install files. all patches are then applied after the installation.
on this page is it explained how to do that. Basically copy the script and save it as a VBS file and run it. i am aware thisis for office 2013 however the script worked for 2010 to. so maybe also for 2016.

https://technet.microsoft.com/en-us/library/cc178995.aspx
 

 

 

Edited March 31, 2017 by PieterJan

[Daedroth]

I use SCCM (System Center Configuration Manager) to deploy Windows 10 and Office 2016. It's been a amazing compared to how we deployed Windows 7 by cloning a golden image. If you wanted to use SCCM, it's not free, you'd have to pay license fees not only for SCCM, but also the SQL server licenses that it requires. SCCM is a major beast, and training is recommended and a bugger sometimes, but when it's working, it saves you so much time. I use SCCM to deploy Windows images, Windows Updates, Applications (including Office 2016, 7-Zip, .NET Framework, Java, Adobe Reader, VC++, VLC Media Player, and a whole bunch of other applications), Antivirus (System Center Endpoint Protection). They are our main uses, but it can do so much more.

 

I obtained our Windows 10 ISO from VLSC and imported it into SCCM. Within SCCM, I can configure the Task Sequence to configure the OS as I need to, including partition sizes, installing drivers, local accounts, network settings, automatically joining a domain, installing applications at the OS install level, running scripts and more.

 

I also have KMS set up on one of our servers to handle our licensing.

[Danielx64]

5 minutes ago, Daedroth said:

I use SCCM (System Center Configuration Manager) to deploy Windows 10 and Office 2016. It's been a amazing compared to how we deployed Windows 7 by cloning a golden image. If you wanted to use SCCM, it's not free, you'd have to pay license fees not only for SCCM, but also the SQL server licenses that it requires. SCCM is a major beast, and training is recommended and a bugger sometimes, but when it's working, it saves you so much time. I use SCCM to deploy Windows images, Windows Updates, Applications (including Office 2016, 7-Zip, .NET Framework, Java, Adobe Reader, VC++, VLC Media Player, and a whole bunch of other applications), Antivirus (System Center Endpoint Protection). They are our main uses, but it can do so much more.

 

I obtained our Windows 10 ISO from VLSC and imported it into SCCM. Within SCCM, I can configure the Task Sequence to configure the OS as I need to, including partition sizes, installing drivers, local accounts, network settings, automatically joining a domain, installing applications at the OS install level, running scripts and more.

 

I also have KMS set up on one of our servers to handle our licensing.

I would love to use SCCM but considering that we just spent about 2.5K in Microsoft licensing, I don't think that the finance department will approve another big spending spree like that for some time.

 

Right now I am waiting for Microsoft to get back to us with our KMS keys and to let us know what versions of Windows 10 we are licensed to use: I did read that just because we can see and download that version of windows it doesn't mean that we can use it.

[farmeunit]

Look at https://fogproject.org/

 

That is free and open source.  Can't do all that SCCM, but also doesn't cost you anything but time and has a good community.

 

Not sure how ZENworks licensing would compare to SCCM, but it's much easier to learn and use, IMHO.  As a school we get a great deal on SCCM and ZENworks, both.  SCCM is essentially free with the Enterprise EES licensing.  There are many other desktop management solutions, also.  Kaseya, ManageEngine Desktop Central, and list goes on.  I would recommend finding one.

 

On the cheap, check out Dameware Remote from Solarwinds and PDQDeploy.

[Clirion]

The other thing you can look at if you are looking for Free deployment is Microsoft Deployment Toolkit.   

MDT Website.

 

It can help you with deployments for Windows 10, Office et all.  Depending on if you are keeping any Windows 7 machines alive, you can do the various install methods from that toolkit as well.

 

[Danielx64]

12 hours ago, Clirion said:

The other thing you can look at if you are looking for Free deployment is Microsoft Deployment Toolkit.   

MDT Website.

 

It can help you with deployments for Windows 10, Office et all.  Depending on if you are keeping any Windows 7 machines alive, you can do the various install methods from that toolkit as well.

 

Awesome, I think that will the route I will take. Now I just did some googling on how to use this tool and I found this: http://theitbros.com/deploy-windows-10-on-windows-server-2012-r2/. So that will let me deploy windows and apps without any extra licensees? We already have a windows 12K server going so that no problem there.

 

 

This will be a learning experience for me but it will be worth it in the end  Thank you for the input guys