OS-Cubed

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Serving Rochester and Beyond
Since 2005

Services

Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book.

Solutions

Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book.

Websites

Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book.

Development

Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book.

Microsoft Customer Agreement

This Microsoft Customer Agreement (the “Agreement”) is between Customer and Microsoft and consists of these General Terms, the applicable Use Rights and SLAs, and any additional terms Microsoft presents when an order is placed. This Agreement takes effect when the Customer accepts these General Terms. The individual who accepts these General Terms represents that he or she is authorized to enter into this Agreement on behalf of the Customer. 

General Terms 

These General Terms apply to all of Customer’s orders under this Agreement. Capitalized terms have the meanings given under “Definitions.” 

License to use Microsoft Products 

License grant. Products are licensed and not sold. Upon Microsoft’s acceptance of each order and subject to Customer’s compliance with this Agreement, Microsoft grants Customer a nonexclusive and limited license to use the Products ordered as provided in the applicable Use Rights and this Agreement. These licenses are solely for Customer’s own use and business purposes and are nontransferable except as expressly permitted under this Agreement or applicable law. 

Duration of licenses. Licenses granted on a subscription basis expire at the end of the applicable subscription period unless renewed. Licenses granted for metered Products billed periodically based on usage continue as long as Customer continues to pay for its usage of the Product. All other licenses become perpetual upon payment in full. 

Applicable Use Rights. For perpetual licenses, the Use Rights in effect when Customer orders a Product will apply. For subscriptions, the Use Rights in effect at the start of each subscription period will apply. Customers with subscriptions for Software may use new versions released during the subscription period subject to the Use Rights in effect when those versions are released. For metered Products billed periodically based on usage, the Use Rights in effect at the start of each billing period will apply during that period. Microsoft may update the Use Rights periodically, but material adverse changes for a particular version will not apply during the applicable license, subscription, or billing period. 

End Users. Customer will control access to and use of the Products by End Users and is responsible for any use of the Products that does not comply with this Agreement. 

Affiliates. Customer may order Products for use by its Affiliates. If it does, the licenses granted to Customer under this Agreement will apply to such Affiliates, but Customer will have the sole right to enforce this Agreement against Microsoft. Customer will remain responsible for all obligations under this Agreement and for its Affiliates’ compliance with this Agreement. 

Reservation of Rights. Microsoft reserves all rights not expressly granted in this Agreement. Products are protected by copyright and other intellectual property laws and international treaties. No rights will be granted or implied by waiver or estoppel. Rights to access or use a Product on a device do not give Customer any right to implement Microsoft patents or other Microsoft intellectual property in the device itself or in any other software or devices. 

Restrictions. Except as expressly permitted in this Agreement or Product documentation, Customer must not (and is not licensed to): 

  • reverse engineer, decompile, or disassemble any Product, or attempt to do so; 

  • install or use non-Microsoft software or technology in any way that would subject Microsoft’s intellectual property or technology to any other license terms; 

  • work around any technical limitations in a Product or restrictions in Product documentation; 

  • separate and run parts of a Product on more than one device; 

  • upgrade or downgrade parts of a Product at different times; 

  • transfer parts of a Product separately; or 

  • distribute, sublicense, rent, lease, or lend any Products, in whole or in part, or use them to offer hosting services to a third party. 

License transfers. Customer may only transfer fully-paid, perpetual licenses to (1) an Affiliate or (2) a third party solely in connection with the transfer of hardware to which, or employees to whom, the licenses have been assigned as part of (a) a divestiture of all or part of an Affiliate or (b) a merger involving Customer or an Affiliate. Upon such transfer, Customer must uninstall and discontinue using the licensed Product and render any copies unusable. Customer must notify Microsoft of a License transfer and provide the transferee a copy of these General Terms, the applicable Use Rights and any other documents necessary to show the scope, purpose and limitations of the licenses transferred. Attempted license transfers that do not comply with this section are void. 

Customer Eligibility. Customer agrees that if it is purchasing academic, government or nonprofit offers, Customer meets the respective eligibility requirements (https://aka.ms/eligiblitydefinition). Microsoft reserves the right to verify eligibility and suspend product use if requirements are not met. 

Non-Microsoft Products.   

Non-Microsoft Products are provided under separate terms by the Publishers of such products.  Customer will have an opportunity to review those terms prior to placing an order for a Non-Microsoft Product through a Microsoft online store or Online Service. Microsoft is not a party to the terms between Customer and the Publisher.  Microsoft may provide Customer’s contact information and transaction details to the Publisher.  Microsoft makes no warranties and assumes no responsibility or liability whatsoever for Non-Microsoft Products. Customer is solely responsible for its use of any Non-Microsoft Product.  

Verifying compliance. 

Customer must keep records relating to Products it and its Affiliates use or distribute. At Microsoft’s expense, Microsoft may verify Customer’s and its Affiliates’ compliance with this Agreement at any time upon 30 days’ notice. To do so, Microsoft may engage an independent auditor (under nondisclosure obligations) or ask Customer to complete a self-audit process. Customer must promptly provide any information and documents that Microsoft or the auditor reasonably requests related to the verification and access to systems running the Products. If verification or self-audit reveals any unlicensed use, Customer must, within 30 days, order sufficient licenses to cover the period of its unlicensed use. Without limiting Microsoft’s other remedies, if unlicensed use is 5% or more of Customer’s total use of all Products, Customer must reimburse Microsoft for its costs incurred in verification and acquire sufficient licenses to cover its unlicensed use at 125% of the then-current Customer price or the maximum allowed under applicable law, if less. All information and reports related to the verification process will be Confidential Information and used solely to verify compliance.   

Privacy. 

Personal Data. Customer consents to the processing of Personal Data by Microsoft and its Affiliates, and their respective agents and subcontractors, as provided in this Agreement. Before providing Personal Data to Microsoft, Customer will obtain all required consents from third parties (including Customer’s contacts, Partners, distributors, administrators, and employees) under applicable privacy and data protection laws. 

Location of Personal Data. To the extent permitted by applicable law, Personal Data collected under this Agreement may be transferred, stored and processed in the United States or any other country in which Microsoft or its Affiliates, or their respective agents and subcontractors, maintain facilities. Microsoft will abide by the requirements of European Economic Area and Swiss data protection law regarding the collection, use, transfer, retention, and other processing of Personal Data from the European Economic Area and Switzerland.  

Confidentiality. 

Confidential Information.  “Confidential Information” is non-public information that is designated “confidential” or that a reasonable person should understand is confidential, including, but not limited to, Customer Data, the terms of this Agreement, and Customer’s account authentication credentials. Confidential Information does not include information that (1) becomes publicly available without a breach of a confidentiality obligation; (2) the receiving party received lawfully from another source without a confidentiality obligation; (3) is independently developed; or (4) is a comment or suggestion volunteered about the other party’s business, products or services. 

Protection of Confidential Information.  Each party will take reasonable steps to protect the other’s Confidential Information and will use the other party’s Confidential Information only for purposes of the parties’ business relationship. Neither party will disclose Confidential Information to third parties, except to its Representatives, and then only on a need-to-know basis under nondisclosure obligations at least as protective as this Agreement. Each party remains responsible for the use of Confidential Information by its Representatives and, in the event of discovery of any unauthorized use or disclosure, must promptly notify the other party. The Online Services Terms may provide additional terms regarding the disclosure and use of Customer Data. 

Disclosure required by law. A party may disclose the other’s Confidential Information if required by law, but only after it notifies the other party (if legally permissible) to enable the other party to seek a protective order. 

Residual information.  Neither party is required to restrict work assignments of its Representatives who have had access to Confidential Information. Each party agrees that the use of information retained 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. 

Duration of Confidentiality obligation.  These obligations apply (1) for Customer Data, until it is deleted from the Online Services; and (2) for all other Confidential Information, for a period of five years after a party receives the Confidential Information.  

Product warranties. 

Limited warranties and remedies. 

Online Services.  Microsoft warrants that each Online Service will perform in accordance with the applicable SLA during Customer’s use. Customer’s remedies for breach of this warranty are described in the SLA. 

Software.  Microsoft warrants that the Software version that is current at the time will perform substantially as described in the applicable Product documentation for one year from the date Customer acquires a license for that version. If it does not, and Customer notifies Microsoft within the warranty term, Microsoft will, at its option, (a) return the price Customer paid for the Software license or (b) repair or replace the Software. 

The remedies above are Customer’s sole remedies for breach of the warranties in this section. Customer waives any warranty claims not made during the warranty period. 

Exclusions.  The warranties in this Agreement do not apply to problems caused by accident, abuse, or use inconsistent with this Agreement, including failure to meet minimum system requirements. These warranties do not apply to free, trial, preview, or prerelease products, or to components of Products that Customer is permitted to redistribute. 

Disclaimer.  Except for the limited warranties above and subject to applicable law, Microsoft provides no other warranties or conditions for Products and disclaims any other express, implied or statutory warranties for Products, including warranties of quality, title, non-infringement, merchantability, and fitness for a particular purpose. 

Defense of third-party claims. 

The parties will defend each other against the third-party claims described in this section and will pay the amount of any resulting adverse final judgment or approved settlement, but only if the defending party is promptly notified in writing of the claim and has the right to control the defense and any settlement of it. The party being defended must provide the defending party with all requested assistance, information, and authority. The defending party will reimburse the other party for reasonable out-of-pocket expenses it incurs in providing assistance. This section describes the parties’ sole remedies and entire liability for such claims. 

By Microsoft. Microsoft will defend Customer against any third-party claim to the extent it alleges that a Product made available by Microsoft for a fee and used within the scope of the license granted under this Agreement (unmodified from the form provided by Microsoft and not combined with anything else), misappropriates a trade secret or directly infringes a patent, copyright, trademark, or other proprietary right of a third party. If Microsoft is unable to resolve a claim of misappropriation or infringement, it may, at its option, either (1) modify or replace the Product with a functional equivalent or (2) terminate Customer’s license and refund any license fees (less depreciation for perpetual licenses), including amounts paid in advance for unused consumption for any usage period after the termination date. Microsoft will not be liable for any claims or damages due to Customer’s continued use of a Product after being notified to stop due to a third-party claim. 

By Customer. To the extent permitted by applicable law, Customer will defend Microsoft and its Affiliates against any third-party claim to the extent it alleges that: (1) any Customer Data or Non-Microsoft Product hosted in an Online Service by Microsoft on Customer's behalf misappropriates a trade secret or directly infringes a patent, copyright, trademark, or other proprietary right of a third party; or (2) Customer’s use of any Product, alone or in combination with anything else, violates the law or harms a third party. 

Limitation of liability. 

For each Product, each party’s maximum, aggregate liability to the other under this Agreement is limited to direct damages finally awarded in an amount not to exceed the amounts Customer was required to pay for the Products during the term of the applicable licenses, subject to the following: 

Subscriptions.  For Products ordered on a subscription basis, Microsoft’s maximum liability to Customer for any incident giving rise to a claim will not exceed the amount Customer paid for the Product during the 12 months before the incident. 

Free Products and distributable code.  For Products provided free of charge and code that Customer is authorized to redistribute to third parties without separate payment to Microsoft, Microsoft’s liability is limited to direct damages finally awarded up to US$5,000. 

Exclusions.  In no event will either party be liable for indirect, incidental, special, punitive, or consequential damages, or loss of use, loss of profits, or interruption of business, however caused or on any theory of liability. 

Exceptions.  No limitation or exclusions will apply to liability arising out of either party’s (1) confidentiality obligations (except for liability related to Customer Data, which will remain subject to the limitations and exclusions above); (2) defense obligations; or (3) violation of the other party’s intellectual property rights. 

Partners. 

Selecting a Partner. Customer may authorize a Partner to place orders on Customer’s behalf and manage Customer’s purchases by associating the Partner with its account. If the Partner’s distribution right is terminated, Customer must select an authorized replacement Partner or purchase directly from Microsoft. Partners and other third parties are not agents of Microsoft and are not authorized to enter into any agreement with Customer on behalf of Microsoft. 

Partner Administrator privileges and access to Customer Data. If Customer purchases Online Services from a Partner or chooses to provide a Partner with administrator privileges, that Partner will be the primary administrator of the Online Services and will have administrative privileges and access to Customer Data and Administrator Data. Customer consents to Microsoft and its Affiliates providing the Partner with Customer Data and Administrator Data for purposes of provisioning, administering and supporting (as applicable) the Online Services. Partner may process such data according to the terms of Partner’s agreement with Customer, and its privacy commitments may differ from Microsoft’s. Customer appoints Partner as its agent for purposes of providing and receiving notices and other communications to and from Microsoft. Customer may terminate the Partner’s administrative privileges at any time. 

Support and Professional Services. Customer’s Partner will provide details on support services available for Products purchased under this agreement. Support services may be performed by Partner or its designee, which in some cases may be Microsoft. If Customer purchases Professional Services under this agreement, the performance of those Professional Services will be subject to the terms and conditions in the Use Rights. 

Pricing and payment. 

If Customer orders from a Partner, the Partner will set Customer’s pricing and payment terms for that order, and Customer will pay the amount due to the Partner.  Pricing and payment terms related to orders placed by Customer directly with Microsoft are set by Microsoft, and Customer will pay the amount due as described in this section. 

Payment method. Customer must provide a payment method or, if eligible, choose to be invoiced for purchases made on its account. By providing Microsoft with a payment method, Customer (1) consents to Microsoft’s use of account information regarding the selected payment method provided by the issuing bank or applicable payment network; (2) represents that it is authorized to use that payment method and that any payment information it provides is true and accurate; (3) represents that the payment method was established and is used primarily for commercial purposes and not for personal, family or household use; and (4) authorizes Microsoft to charge Customer using that payment method for orders under this Agreement. 

Invoices. Microsoft may invoice eligible Customers. Customer’s ability to elect payment by invoice is subject to Microsoft’s approval of Customer’s financial condition. Customer authorizes Microsoft to obtain information about Customer’s financial condition, which may include credit reports, to assess Customer’s eligibility for invoicing. Unless the Customer’s financial statements are publicly available, Customer may be required to provide their balance sheet, profit and loss and cash flow statements to Microsoft. Customer may be required to provide security in a form acceptable to Microsoft to be eligible for invoicing. Microsoft may withdraw Customer’s eligibility at any time and for any reason. Customer must promptly notify Microsoft of any changes in its company name or location and of any significant changes in the ownership, structure, or operational activities of the organization. 

Invoice Payment terms. Each invoice will identify the amounts payable by Customer to Microsoft for the period corresponding to the invoice. Customer will pay all amounts due within thirty (30) calendar days following the invoice date. 

Late Payment. Microsoft may, at its option, assess a late fee on any payments to Microsoft that are more than fifteen (15) calendar days past due at a rate of two percent (2%) of the total amount payable, calculated and payable monthly, or the highest amount allowed by law, if less. 

Cancellation fee. If a subscription permits early termination and Customer cancels the subscription before the end of the subscription or billing period, Customer may be charged a cancellation fee. 

Recurring Payments. For subscriptions that renew automatically, Customer authorizes Microsoft to charge Customer’s payment method periodically for each subscription or billing period until the subscription is terminated. By authorizing recurring payments, Customer authorizes Microsoft to process such payments as either electronic debits or fund transfers, or as electronic drafts from the designated bank account (in the case of Automated Clearing House or similar debits), as charges to the designated card account (in the case of credit card or similar payments) (collectively, “Electronic Payments”). If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, Microsoft or its service providers reserve the right to collect any applicable return item, rejection or insufficient funds fee to the maximum extent permitted by applicable law and to process any such fees as an Electronic Payment or to invoice Customer for the amount due. 

Taxes. Microsoft prices exclude applicable taxes unless identified as tax inclusive. If any amounts are to be paid to Microsoft, Customer shall also pay any applicable value added, goods and services, sales, gross receipts, or other transaction taxes, fees, charges, or surcharges, or any regulatory cost recovery surcharges or similar amounts that are owed under this Agreement and that Microsoft is permitted to collect from Customer. Customer shall be responsible for any applicable stamp taxes and for all other taxes that it is legally obligated to pay including any taxes that arise on the distribution or provision of Products by Customer to its Affiliates. Microsoft shall be responsible for all taxes based upon its net income, gross receipts taxes imposed in lieu of taxes on income or profits, and taxes on its property ownership. 

If any taxes are required to be withheld on payments invoiced by Microsoft, Customer may deduct such taxes from the amount owed and pay them to the appropriate taxing authority, but only if Customer promptly provides Microsoft an official receipt for those withholdings and other documents reasonably requested to allow Microsoft to claim a foreign tax credit or refund. Customer will ensure that any taxes withheld are minimized to the extent possible under applicable law. 

Term and termination. 

Term. This Agreement is effective until terminated by a party, as described below. 

Termination without cause. Either party may terminate this Agreement without cause on 60 days’ notice. Termination without cause will not affect Customer’s perpetual licenses, and licenses granted on a subscription basis will continue for the duration of the subscription period(s), subject to the terms of this Agreement. 

Termination for cause. Without limiting other remedies it may have, either party may terminate this Agreement on 30 days’ notice for material breach if the other party fails to cure the breach within the 30-day notice period. Upon such termination, the following will apply: 

All licenses granted under this Agreement will terminate immediately except for fully-paid, perpetual licenses.  

All amounts due under any unpaid invoices shall become due and payable immediately. For metered Products billed periodically based on usage, Customer must immediately pay for unpaid usage as of the termination date. 

If Microsoft is in breach, Customer will receive a credit for any subscription fees, including amounts paid in advance for unused consumption for any usage period after the termination date. 

Suspension. Microsoft may suspend use of an Online Service without terminating this Agreement during any period of material breach. Microsoft will give Customer notice before suspending an Online Service when reasonable. 

Termination for regulatory reasons. Microsoft may modify, discontinue, or terminate a Product in any country or jurisdiction where there is any current or future government regulation, obligation, or other requirement, that (1) is not generally applicable to businesses operating there; (2) presents a hardship for Microsoft to continue offering the Product without modification; or (3) causes Microsoft to believe these terms or the Product may conflict with any such regulation, obligation, or requirement. If Microsoft terminates a subscription for regulatory reasons, Customer will receive, as its sole remedy, a credit for any subscription fees, including amounts paid in advance for unused consumption for any usage period after the termination date. 

Miscellaneous. 

Independent contractors. The parties are independent contractors. Customer and Microsoft each may develop products independently without using the other’s Confidential Information. 

Agreement not exclusive. Customer is free to enter into agreements to license, use, and promote the products and services of others. 

Amendments. Microsoft may modify this Agreement from time to time. Changes to the Use Rights will apply as provided in this Agreement. Changes to other terms will not apply until Customer accepts them. Microsoft may require Customer to accept revised or additional terms before processing a new order. Any additional or conflicting terms and conditions contained in a purchase order or otherwise presented by Customer are expressly rejected and will not apply. 

Assignment. Either party may assign this Agreement to an Affiliate, but it must notify the other party in writing of the assignment. Customer consents to the assignment to an Affiliate or third party, without prior notice, of any rights Microsoft may have under this Agreement to receive payment and enforce Customer's payment obligations, and all assignees may further assign such rights without further consent. Any other proposed assignment of this Agreement must be approved by the non-assigning party in writing. Assignment will not relieve the assigning party of its obligations under the assigned Agreement. Any attempted assignment without required approval will be void. 

U.S. export. Products are subject to U.S. export jurisdiction. Customer must comply with all applicable international and national laws, including the U.S. Export Administration Regulations, the International Traffic in Arms Regulations, and end-user, end use and destination restrictions by U.S. and other governments related to Microsoft products, services, and technologies. 

Severability. If any part of this Agreement is held to be unenforceable, the rest of the Agreement will remain in full force and effect. 

Waiver. Failure to enforce any provision of this Agreement will not constitute a waiver. Any waiver must be in writing and signed by the waiving party. 

No third-party beneficiaries. This Agreement does not create any third-party beneficiary rights except as expressly provided by its terms. 

Survival. All provisions survive termination of this Agreement except those requiring performance only during the term of the Agreement. 

Notices. Notices must be in writing and will be treated as delivered on the date received at the address, date shown on the return receipt, email transmission date, or date on the courier or fax confirmation of delivery. Notices to Microsoft must be sent to the following address: 

Microsoft Corporation 
Dept. 551, Volume Licensing 
6880 Sierra Center Parkway 
Reno, Nevada 89511-1137 
USA 

Notices. Notices to Customer will be sent to the individual at the address Customer identifies on its account as its contact for notices. Microsoft may send notices and other information to Customer by email or other electronic form. 

Applicable law. This Agreement will be governed by and construed in accordance with the laws of the State of Washington and federal laws of the United States. The 1980 United Nations Convention on Contracts for the International Sale of Goods and its related instruments will not apply to this Agreement. 

Dispute resolution. When bringing any action arising under this Agreement, the parties agree to the following exclusive venues: 

If Microsoft brings the action, the venue will be where Customer has its headquarters. 

If Customer brings the action against Microsoft or any Microsoft Affiliate located outside of Europe, the venue will be the state or federal courts in King County, State of Washington, USA.  

If Customer brings the action against Microsoft or any Microsoft Affiliate located in Europe, and not also against Microsoft or a Microsoft Affiliate located outside of Europe, the venue will be the Republic of Ireland. 

The parties consent to personal jurisdiction in the agreed venue. This choice of venue does not prevent either party from seeking injunctive relief in any jurisdiction with respect to a violation of intellectual property rights or confidentiality obligations. 

Order of precedence. These General Terms will take precedence over any conflicting terms in other documents that are part of this Agreement that are not expressly resolved in those documents, except that conflicting terms in the Use Rights take precedence over these General Terms as to the applicable Products. Terms in the Online Services Terms take precedence over conflicting terms in the Product Terms. Terms in an amendment control over the amended document and any prior amendments concerning the same subject matter. 

Microsoft Affiliates and contractors. Microsoft may perform its obligations under this Agreement through its Affiliates and use contractors to provide certain services. Microsoft remains responsible for their performance. 

Government procurement rules. By accepting this agreement, Customer represents and warrants that (i) it has complied and will comply with all applicable government procurement laws and regulations; (ii) it is authorized to enter into this Agreement; and (iii) this Agreement satisfies all applicable procurement requirements. 

Definitions. 

“Administrator Data” means the information provided to Microsoft or its Affiliates during sign-up, purchase, or administration of Products. 

“Affiliate” means any legal entity that controls, is controlled by, or is under common control with a party. “Control” means ownership of more than a 50% interest of voting securities in an entity or the power to direct the management and policies of an entity. 

“Confidential Information” is defined in the “Confidentiality” section. 

“Customer” means the entity identified as such on the account associated with this Agreement. 

“Customer Data” means all data, including all text, sound, software, image or video files that are provided to Microsoft or its Affiliates by, or on behalf of, Customer and its Affiliates through use of Online Services. 

“End User” means any person Customer permits to use a Product or access Customer Data. 

“Licensing Site” means http://www.microsoft.com/licensing/contracts or a successor site. 

“Microsoft” means Microsoft Corporation. 

“Non-Microsoft Product” means any third-party-branded software, data, service, website or product, unless incorporated by Microsoft in a Product. 

“Online Services” means Microsoft-hosted services to which Customer subscribes under this Agreement. It does not include software and services provided under separate license terms. 

“Online Services Terms” means the additional terms that apply to Customer’s use of Online Services published on the Licensing Site and updated from time to time. 

“Partner” means a company Microsoft has authorized to distribute Products to Customer. 

“Personal Data” means any information relating to an identified or identifiable natural person. 

“Product” means all Software and Online Services identified in the Product Terms that Microsoft offers under this Agreement, including previews, prerelease versions, updates, patches and bug fixes from Microsoft.  Product availability may vary by region.  “Product” does not include Non-Microsoft Products. 

“Product Terms” means the document that provides information about Products available under this Agreement. The Product Terms document is published on the Licensing Site and is updated from time to time. 

“Publisher” means a provider of a Non-Microsoft Product. 

“Representatives” means a party’s employees, Affiliates, contractors, advisors and consultants. 

“SLA” means Service Level Agreement, which specifies the minimum service level for the Online Services and is published on the Licensing Site. 

“Software” means licensed copies of Microsoft software identified in the Product Terms. Software does not include Online Services, but Software may be part of an Online Service. 

“use” means to copy, download, install, run, access, display, use or otherwise interact with. 

“Use Rights” means the license terms and terms of service for each Product published on the Licensing Site and updated from time to time. The Use Rights supersede the terms of any end user license agreement that accompanies a Product. License terms for all Products are published in the Product Terms. Terms of service for Online Services are published in the Online Services Terms. 

Delivering IT Solutions
Since 2005


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Rochester, NY  14623

Websites and Development

Looking for a simple brochure site to establish your presence on the web?  Need to create or upgrade a large site with dynamic content you can edit with nothing more than a web browser?  Want to replace old databases and spreadsheets with a multi-user desktop or web-based solution? Do you need a sophisticated eCommerce site? Are you managing a large website that requires multiple integrations?

From small websites, to large web applications and custom desktop applications, OS-Cubed can develop the solutions you need.

Services, Sales, and Support

Our expert staff can help you maximize performance, ensure security, and provide you with the support, hardware and software needed to build the best IT infrastructure. OS-Cubed is a leading provider of IT services and support in the Rochester, NY and Greater Monroe County area.

OS-Cubed has partnered with best of breed providers including HP Enterprise, HP, KnowBe4, RingCentral, Cisco Meraki, Microsoft, Netgear and Synology.  We will consult with you to provide custom-tailored solutions, with service maintenance and support to meet your specific needs.


Great Looking Websites

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Let YOU make the site of your dreams

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Our team of designers and developers can transform your dream to reality

Software Development

OS-Cubed provides a wide array of software development services.

From custom web applications and desktop apps,
to SQL Server databases, and application automation

Server, Network, and PC Services

Our highly skilled technicians are ready to help you with all your support needs.

Hardware and Software Sales

OS-Cubed provides industry-leading solutions

Testimonials

Jean Kase
Nick Francesco
Sequetta Sweet, Ed.D.
Andrew Randisi
Donna Thompson
Skeeter Harris
Scott Sutton, Ph.D.
Aaron Hilger
I've hired Lee and his team at OS-Cubed for several projects. OS-Cubed designed PTAC's original website and integrated it with the software used for our DOD reporting and bid matching system for clients. This work was done within budget and completed in 2 weeks!

Jean Kase

Founder / CEO at Ingenuity Partners LLC
Lee is terrific at seeing the solutions to problems. His work is detailed, concise, complete, and practical. He can work very closely with customers without losing sight of the goal, while adhering to the best path to achieve that goal.

Nick Francesco

Executive Director Of Technology at Mastermind Lounge
Lee Drake and OS-Cubed are on my "always recommended" list and it's great to know he is always willing to give back to the community.

Sequetta Sweet, Ed.D.

Adjunct Professor, Nazareth College
Lee provided us with a great system that allows us to take our legal practice into the digital age with confidence.

Andrew Randisi

Estate Planning Attorney at Weinstein & Randisi
While excellent at software development Lee brings added value in his ability to become an integral part of a company's team, partnering in strategy development and translating entrepreneurs ideas into reality.

Donna Thompson

National Council Member at University of Rochester
Lee he has proven himself as being a very knowledgeable IT professional and eager to engage. He is a great networker who sees the big picture and how best to connect different people with opportunities and has proven on several occasions to be a real friend.

Skeeter Harris

Chief Executive Officer at Harris Interactive Media
Very approachable and quick to respond to questions. The service has been rock-steady and dependable, with excellent customer service.

Scott Sutton, Ph.D.

CGMP Consultant, CGMP Trainer
Lee is great individual to work with. His firm has helped us provide superior service to our customers. I recommend Lee and OS-Cubed without hesitation.

Aaron Hilger

President & CEO at Builders Exchange

Support

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Consulting

Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book. It has survived not only five centuries, but also the leap into electronic typesetting, remaining essentially unchanged. It was popularised in the 1960s with the release of Letraset sheets containing Lorem Ipsum passages, and more recently with desktop publishing software like Aldus PageMaker including versions of Lorem Ipsum.

Installation

It is a long established fact that a reader will be distracted by the readable content of a page when looking at its layout. The point of using Lorem Ipsum is that it has a more-or-less normal distribution of letters, as opposed to using 'Content here, content here', making it look like readable English. Many desktop publishing packages and web page editors now use Lorem Ipsum as their default model text, and a search for 'lorem ipsum' will uncover many web sites still in their infancy. Various versions have evolved over the years, sometimes by accident, sometimes on purpose (injected humour and the like).

Maintenance

Contrary to popular belief, Lorem Ipsum is not simply random text. It has roots in a piece of classical Latin literature from 45 BC, making it over 2000 years old. Richard McClintock, a Latin professor at Hampden-Sydney College in Virginia, looked up one of the more obscure Latin words, consectetur, from a Lorem Ipsum passage, and going through the cites of the word in classical literature, discovered the undoubtable source. Lorem Ipsum comes from sections 1.10.32 and 1.10.33 of "de Finibus Bonorum et Malorum" (The Extremes of Good and Evil) by Cicero, written in 45 BC. This book is a treatise on the theory of ethics, very popular during the Renaissance. The first line of Lorem Ipsum, "Lorem ipsum dolor sit amet..", comes from a line in section 1.10.32.

The standard chunk of Lorem Ipsum used since the 1500s is reproduced below for those interested. Sections 1.10.32 and 1.10.33 from "de Finibus Bonorum et Malorum" by Cicero are also reproduced in their exact original form, accompanied by English versions from the 1914 translation by H. Rackham.

Management

There are many variations of passages of Lorem Ipsum available, but the majority have suffered alteration in some form, by injected humour, or randomised words which don't look even slightly believable. If you are going to use a passage of Lorem Ipsum, you need to be sure there isn't anything embarrassing hidden in the middle of text. All the Lorem Ipsum generators on the Internet tend to repeat predefined chunks as necessary, making this the first true generator on the Internet. It uses a dictionary of over 200 Latin words, combined with a handful of model sentence structures, to generate Lorem Ipsum which looks reasonable. The generated Lorem Ipsum is therefore always free from repetition, injected humour, or non-characteristic words etc.

OS-Cubed

Optimal, Stable, Secure Solutions

This philosophy drives each solution we build.

Optimal

The solution must be the best solution for you—within your budget and with maximum return on investment. At OS-Cubed, Inc., our mission is not to sell you what WE think is best, but to find out the best solution to your business challenges.

Stable

If you have a solution that runs on a poorly designed, poorly maintained, or poorly updated platform, it can’t possibly be optimal. A stable solution requires a solid technology base to stand on and an active plan to keep that technology stable over the entire lifetime of the solution. In addition, there must be adequate maintenance and monitoring to ensure that destabilizing influences are quickly identified and corrected.

Secure

Today's business systems are under attack from all angles—viruses, trojans, spyware, hardware failure, user error, hacking, malicious or criminal internal users, and business disasters. Designing a secure solution means that we need to deliver a combination of hardware, software, custom solutions, backup and disaster recovery plans, monitoring, and fast response when problems occur.

Solutions

We will assist you in rooting out the cause of the business challenge, whether that problem lies within your technology or within your business process. Our internal and extended staff are expert problem solvers with years of experience assisting companies both large and small in growing and succeeding.


Optimal

The solution must be the best solution for you—within your budget and with maximum return on investment. At OS-Cubed, Inc., our mission is not to sell you what WE think is best, but to find out the best solution to your business challenges. What does an "Optimal Solution" encompass? We believe it covers these major points:

The solution must play well with others.

No solution in today's world stands alone. Each organization has its own unique systems, challenges, business processes, and internal infrastructure. When we design a system we try to mold these items together to form a cohesive whole, instead of a set of squabbling siblings.

The solution must pay for itself.

In general a solution should increase your productivity, your sales, and your margins; should decrease your costs; and should allow you access to new markets or allow you to acquire new business. If the payback in one of these areas isn't enough to justify the cost, we'll recommend that you not make the investment. If you don't know how to measure these things, we'll help you to find that solution as well. The industry has invented some serious buzzwords around the concepts ROI (Return on Investment) and TCO (Total Cost of Ownership). We believe you should be able to measure success, and we'll help build a solution that does so.

The solution must fit your business culture.

Too often solutions are implemented, fully functional, and never used. OS-Cubed will learn about your business culture and what does and doesn't work for you and your customers and clients. We'll help you to find or design a solution that fits your business culture like a glove, and help you to get the resources to bring your users up to speed on it.

Building the solution must be a purposeful, organized process.

There are reasons why 60% of IT solutions never see the light of day: they're poorly planned or poorly managed, and they have vague goals or unrealistic expectations. We will help you organize your projects, your day-to-day IT needs, and your hosting requirements in ways you've never imagined. Each of our clients gets a personalized portal to help them manage their projects and trouble tickets. This portal allows them to see the progress on their project literally as it occurs. You can submit trouble tickets for dispatch immediately and our technical support staff will respond promptly and efficiently.

The solution must leverage the power of our network.

When you join OS-Cubed, Inc., as a client, you're joining an elite network of powerful and influential alliances, clients, and vendors. We will help you leverage that network by providing opportunities to grow your businesses together. Our network extends across multiple vendor/providers, strategic business alliances, and a wide range of consultants to allow us to help you find the right place and the right solution.

If you have a solution that runs on a poorly designed, poorly maintained, or poorly updated platform, it can’t possibly be optimal.

Stable

The solution must be based on a stable platform of people, technology, business practices, and company culture. We’ll help you to achieve the stability you require to make your solution work for you.

If you have a solution that runs on a poorly designed, poorly maintained, or poorly updated platform, it can’t possibly be optimal. A stable solution requires a solid technology base to stand on and an active plan to keep that technology stable over the entire lifetime of the solution. In addition, there must be adequate maintenance and monitoring to ensure that destabilizing influences are quickly identified and corrected.

At OS-Cubed, Inc., we define stable solutions as having these unique features:

A stable solution should be based on solid, reliable hardware and networking technology.

Without the proper infrastructure, configured in the proper way, a technology solution can quickly become a problem. If you look at technology as a “cost center” rather than a “revenue-generating engine,” then your issue may well be the stability of your systems. Selling hardware isn’t our major focus, but making sure that you have the right hardware, and that it all works well together, is. We’ll assist you in selecting and configuring your hardware for the best possible solution.

A stable solution should be designed around base software designed to work well together.

Often we find that one of the major destabilizing factors in designing solutions is software that doesn’t “play well with others.” You can always write custom code to patch up these differences, but why do that when you can use solutions that may already exist? A technology combination that we use to provide enterprise reporting and data-mining dashboards is the collection of Windows Server, SharePoint, SQL Server, and Reporting Services. Using this platform we were able to develop software for a major manufacturing firm to simplify their sales reporting process for pennies on the dollar, compared to the solution that larger companies offered.

A stable solution must be well integrated into a company’s business processes.

Since companies run on their business processes, not on the technology that implements those processes, the solution must integrate well into each business process and the people who run it. Each person involved in the implementation and use of the solutions needs proper training, and the solution must be designed to merge seamlessly into their business needs.

A stable solution should consider the entire solution’s lifetime.

We work closely with our clients and partners to deliver solutions that include planning for updates, upgrades, ongoing improvement, maintenance, business continuity, and support. There are no “deliver the magic bullet and leave” business solutions out there; each solution has a life cycle and life cycles require constant interaction to maintain stability.

Secure

Today's computer systems frequently hold a company's most valuable asset: information. Without the proper security you can easily put your entire company at risk. Security doesn't stop with virus and firewall control; it spreads to your custom software systems, your disaster recovery procedures, and your business processes. We'll assist you in making the right decision about protecting your information.

Today's business systems are under attack from all angles—viruses, trojans, spyware, hardware failure, user error, hacking, malicious or criminal internal users, and business disasters. Designing a secure solution means that we need to deliver a combination of hardware, software, custom solutions, backup and disaster recovery plans, monitoring, and fast response when problems occur.

With all these forces fighting against a system, how does OS-Cubed, Inc., help you to design a secure system? A secure solution needs to be based on layers of security, each appropriate to the threat that exists:

A secure solution must incorporate anti-virus, anti-spyware, and anti-trojan software at the server and workstation level at a minimum.

An integrated system allows us to both install and monitor compliance of the anti-threat software. We'll help you design and implement such a system.

A secure solution must incorporate security at the network interface.

Each solution should allow only the traffic that must be allowed, and should provide monitoring to allow changes in traffic profile or volume to be tracked. Part of this solution relies on properly configured firewalls, routers, and wireless access points. More sensitive data should be protected by dedicated "edge appliances" designed to very closely control and monitor traffic.

A secure solution must incorporate any custom designed software so that it is designed and implemented with today's security threats in mind.

Threats such as SQL injection, buffer overflows, and proper permission setting should be addressed and controlled as part of the initial design, not as the afterthought "if we have enough cash to implement it."

To have a secure environment users must be updated and educated on security threats so that they can respond appropiately.

This is why OS-Cubed, Inc., sponsors the Viruswarn site and newsletter. Through the site and its newsletter you can get up-to-date information about threats and have updates delivered to your RSS reader or your email box in clear, easy-to-read format.

Secure solutions incorporate backup, restore, and business continuity in their plan.

Disasters happen when we least expect them and they never strike at a convenient time. No matter how stable your solution is, hardware can fail, or acts of nature can intervene. That's why when we plan our solutions we ensure that the solution includes backup, restore, and disaster recovery plans for each component of the solution.

Secure solutions require constant vigilance.

No solution in today's world stands alone. Each organization has its own unique systems, challenges, business processes, and internal infrastructure. When we design a system we try to mold these items together to form a cohesive whole, instead of a set of squabbling siblings.

Solutions

Technology companies frequently concentrate on selling the newest, coolest gadget, box, or software. Our focus is on providing solutions to obstacles placed in the way of your growth. We will, wherever possible, help you to optimize the tools and human resources you already have, while leveraging our extensive experience. We use the technology inherent in your current systems, supplementing with purchased or developed software only when needed, to address your challenge and remove your barrier to success.

We will assist you in rooting out the cause of the business challenge, whether that problem lies within your technology or within your business process. Our internal and extended staff are expert problem solvers with years of experience assisting companies both large and small in growing and succeeding.


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