MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT Windows
App
IF
YOU LIVE IN (OR ARE A BUSINESS WITH A PRINCIPAL PLACE OF BUSINESS IN) THE
UNITED STATES, PLEASE READ THE “BINDING ARBITRATION AND CLASS ACTION WAIVER” SECTION
BELOW. IT AFFECTS HOW DISPUTES ARE RESOLVED.
These
license terms are an agreement between you and Microsoft Corporation (or one of
its affiliates). They apply to the software named above and any Microsoft
services or software updates (except to the extent such services or updates are
accompanied by new or additional terms, in which case
those different terms apply
prospectively and do not alter your or Microsoft’s rights relating to
pre-updated software or services). IF YOU COMPLY WITH
THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW. BY
USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT
USE THE SOFTWARE.
1.
INSTALLATION AND USE RIGHTS.
a) General.
a) You may install and use one copy of the software on an iOS-based or
macOS-based device you own or control as permitted by Apple Inc.’s (“Apple”)
app store usage rules. You may
install and use any number of copies of the software on your Android OS-based
devices which you own or control. You may install and run one instance of the software on up to each of ten of your Windows
devices that are linked to the Microsoft account associated with your Windows
Store account.
b) Third Party Terms of Agreement. You must
comply with applicable third-party terms of agreement when using the software.
c) Work or School Accounts. You can sign
into the software with a work or school email address. If you do, you agree
that the owner of the domain associated with your email address may control and
administer your account, and access and process your data, including the
contents of your communications and files. You further agree that your use of
the software may be subject to: i) your organization’s guidelines and policies
regarding the use of the software; and ii) the agreements Microsoft has with
you or your organization, and in such case these terms may not apply. If you
already have a Microsoft account and you use a separate work or school email
address to access the software, you may be prompted to update the email address
associated with your Microsoft account to continue accessing the software.
f) Third Party Components. The software may
include third party components with separate legal notices or governed by other
agreements, as may be described in the ThirdPartyNotices file(s) accompanying
the software.
g) Package Managers. The software may
include package managers, like NuGet, that give you the option to download
other Microsoft and third-party software packages to use with your application.
Those packages are under their own licenses, and not this agreement. Microsoft
does not distribute, license or provide any warranties for any of the third-party
packages.
i) Microsoft Services Agreement. Some features
of the software provide access to, or rely on, online services. The use of
those services (but not the software) is governed by the separate terms and
privacy policies in the Microsoft Services Agreement at http://go.microsoft.com/fwlink/?linkid=398923.
Please read them. The services may not be available in all regions.
j) Competitive Benchmarking. If you are a direct
competitor, and you access or use the software for purposes of competitive
benchmarking, analysis, or intelligence gathering, you waive as against
Microsoft, its subsidiaries, and its affiliated companies (including
prospectively) any competitive use, access, and benchmarking test restrictions
in the terms governing your software to the extent your terms of use are, or
purport to be, more restrictive than Microsoft’s terms. If you do not waive any
such purported restrictions in the terms governing your software, you are not
allowed to access or use this software and will not do so.
2.
SCOPE OF LICENSE. The software is licensed, not sold. Microsoft reserves all other
rights. Unless applicable law gives you more rights despite this limitation,
you will not (and have no right to):
a) work around any technical limitations in the software that only
allow you to use it in certain ways;
c) remove, minimize, block, or modify any notices of Microsoft or its
suppliers in the software;
d) disclose the results of any benchmark tests of the software to any
third party without Microsoft’s prior written approval;
e) use the software in any way that is against the law or to create or
propagate malware; or
f) share, publish, distribute, or lease the software, provide the
software as a stand-alone offering for others to use, or transfer the software
or this agreement to any third party.
3.
FEEDBACK. If
you give feedback about the software to Microsoft, you give to Microsoft,
without charge, the right to use, share and commercialize your feedback in any
way and for any purpose. You will not give feedback that is subject to a
license that requires Microsoft to license its software or documentation to
third parties because Microsoft includes your feedback in them. These rights
survive this agreement.
a)
Data Collection. The software may collect information about you and your use of the software
and send that to Microsoft. Microsoft may use this information to provide
services and improve our products and services. You may opt-out of many of
these scenarios, but not all, as described in the product
documentation. There are also some features in the software that may
enable you to collect data from users of your applications. If you use these
features to enable data collection in your applications, you must comply with
applicable law, including providing appropriate notices to users of your
applications. You can learn more about data collection and use in the help
documentation and the privacy statement at https://aka.ms/privacy. Your use of the software operates as your consent to these
practices.
b)
Processing of Personal Data. To the extent Microsoft is a processor or subprocessor of personal
data in connection with the software, Microsoft makes the commitments in the
European Union General Data Protection Regulation Terms of the Online Services
Terms to all customers effective May 25, 2018, at https://docs.microsoft.com/en-us/legal/gdpr.
5.
FONTS. While
the software is running, you may use its fonts to display and print content.
You may only (i) embed fonts in content as permitted by the embedding
restrictions in the fonts; and (ii) temporarily download them to a printer or
other output device to help print content.
6. TRANSFER TO ANOTHER DEVICE. If you are
installing the software on an iOS-based or
macOS-based device, you may uninstall the software and install it on another
device for your use. You may not share this license on multiple devices.
7.
WINDOWS 365 COMMERCIAL SUBSCRIPTION. Use of the software may require a Microsoft Windows 365 commercial
subscription. Your access to the software made
available on account of your Microsoft Windows 365 commercial subscription must
comply with the existing terms for Microsoft Windows 365 that apply to you
through your subscription or your organization's subscription. You may lose
access to the service if a) your or your organization’s Microsoft Windows 365
subscription expires, or b) your organization decides to terminate your license
to access the service.
8.
H.264/AVC VISUAL STANDARD, AND THE VC-1
VIDEO STANDARD. This software may include H.264/AVC and/or VC-1 compression technology. MPEG LA,
L.L.C. requires this notice:
THIS PRODUCT IS LICENSED UNDER
THE H.264/AVC AND THE VC-1 PATENT PORTFOLIO LICENSES FOR THE PERSONAL AND
NON-COMMERCIAL USE OF A CONSUMER TO (A) ENCODE VIDEO IN COMPLIANCE WITH THE
STANDARDS (“VIDEO STANDARDS”) AND/OR (ii) DECODE H.264/AVC, AND VC-1, THAT WAS
ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR
WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE SUCH VIDEO. NO LICENSE
IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE
OBTAINED FROM MPEG LA, L.L.C. SEE www.mpegla.com.
For clarification purposes,
this notice does not limit or inhibit the use of the software for normal
business uses that are personal to that business which do not include (i)
redistribution of the software to third parties, or (ii) creation of content with
the VIDEO STANDARDS compliant technologies for distribution to third parties.
9.
H.265/HEVC VIDEO STANDARD. The software may include H.265/HEVC coding technology. Access Advance
LLC requires this notice:
IF INCLUDED, THE H.265/HEVC
TECHNOLOGY IN THIS SOFTWARE IS COVERED BY ONE OR MORE CLAIMS OF THE HEVC
PATENTS LISTED AT: PATENTLIST.ACCESSADVANCE.COM. DEPENDING ON HOW YOU OBTAINED
THE SOFTWARE, THIS PRODUCT MAY BE LICENSED UNDER THE HEVC ADVANCE PATENT PORTFOLIO.
If this software is installed
on a Microsoft device, additional licensing information can be found at: https://www.aka.ms/HEVCVirtualPatentMarking.
10. EXPORT RESTRICTIONS. You must comply
with all domestic and international export laws and regulations that apply to
the software, which include restrictions on destinations, end users, and end
use. For further information on export restrictions, visit https://aka.ms/exporting.
11. LEGAL COMPLIANCE. You represent and warrant
that (a) you are not located in a country that is subject to a U.S. Government
embargo, or that has been designated by the U.S. Government as a “terrorist
supporting” country; and (b) you are not listed on any U.S. Government list of
prohibited or restricted parties.
12. SUPPORT SERVICES. Microsoft is not
obligated under this agreement to provide any support services for the
software. Any support provided is “as is”, “with all faults”, and without
warranty of any kind. If you are installing the software
on an iOS-based or macOS-based device, you acknowledge that Apple has no obligation whatsoever to furnish
any maintenance and support services with respect to the software. If you have
signed into the software with a work or school email address or you have any
issues or questions about your use of the software, including questions about
your organization or school’s privacy policy, please contact the administrator
at your organization or school.
13. UPDATES. The software may periodically
check for updates and download and install them for you. You may obtain updates
only from Microsoft or authorized sources. Microsoft may need to update your
system to provide you with updates. You agree to receive these automatic
updates without any additional notice. Updates may not include or support all
existing software features, services, or peripheral devices.
15. TERMINATION. Without prejudice to any other rights, Microsoft may terminate this
agreement if you fail to comply with any of its terms or conditions. In such
event, you must destroy all copies of the software and all its component parts.
16. TRADEMARK NOTICES. Microsoft is a
registered trademark of Microsoft Corporation in the United States and/or other
countries. Android is a trademark of Google LLC.
17. ENTIRE AGREEMENT. This agreement, and
any other terms Microsoft may provide for supplements, updates, or third-party
applications, is the entire agreement for the software.
19. THIRD PARTY BENEFICIARY. If you are
installing the software on an iOS-based or
macOS-based device, you agree that Apple and its subsidiaries are third party
beneficiaries of this agreement, and Apple has the right to enforce this
agreement.
20.
PRODUCT CLAIMS AND INTELLECTUAL PROPERTY
RIGHTS. If you are
installing the software on an iOS-based or
macOS-based device, Microsoft, not Apple, is responsible
for addressing any claims relating to the software or your possession and/or
use of the software. In the event of any third-party claim that the software or
your possession and use of that software infringes that third party’s
intellectual property rights, Microsoft, not Apple, will be solely responsible
for the investigation, defense, settlement and discharge of any such intellectual
property infringement claim.
21. CONSUMER RIGHTS; REGIONAL VARIATIONS.
This agreement describes certain legal rights. You may have other rights,
including consumer rights, under the laws of your state, province, or country.
Separate and apart from your relationship with Microsoft, you may also have
rights with respect to the party from which you acquired the software. This
agreement does not change those other rights if the laws of your state,
province, or country do not permit it to do so. For example, if you acquired
the software in one of the below regions, or mandatory country law applies,
then the following provisions apply to you:
a) Australia. You have statutory guarantees
under the Australian Consumer Law and nothing in this agreement is intended to
affect those rights.
b) Canada. If you acquired this software in
Canada, you may stop receiving updates by turning off the automatic update
feature, disconnecting your device from the Internet (if and when you
re-connect to the Internet, however, the software will resume checking for and
installing updates), or uninstalling the software. The product documentation,
if any, may also specify how to turn off updates for your specific device or
software.
c) Germany and Austria.
i. Warranty.
The properly licensed software will perform substantially as described in any
Microsoft materials that accompany the software. However, Microsoft gives no
contractual guarantee in relation to the licensed software.
ii. Limitation of Liability. In case of intentional conduct, gross negligence,
claims based on the Product Liability Act, as well as, in case of death or
personal or physical injury, Microsoft is liable according to the statutory
law.
Subject to the foregoing clause
ii., Microsoft will only be liable for slight negligence if Microsoft is in
breach of such material contractual obligations, the fulfillment of which
facilitate the due performance of this agreement, the breach of which would
endanger the purpose of this agreement and the compliance with which a party
may constantly trust in (so-called "cardinal obligations"). In other
cases of slight negligence, Microsoft will not be liable for slight negligence.
22. DISCLAIMER OF WARRANTY. THE
SOFTWARE IS LICENSED “AS IS.” YOU BEAR THE RISK OF USING IT. IF DESIRED, YOU
MAY NOTIFY APPLE FOR A REFUND OF THE PURCHASE PRICE. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER.
MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS. YOU MAY HAVE
ADDITIONAL CONSUMER RIGHTS OR STATUTORY GUARANTEES UNDER YOUR LOCAL LAWS THAT
THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS,
MICROSOFT EXCLUDES ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
23. LIMITATION ON AND EXCLUSION OF
REMEDIES AND DAMAGES. IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES DESPITE THE
PRECEDING DISCLAIMER OF WARRANTY, YOU CAN RECOVER FROM APPLE, MICROSOFT, AND
MICROSOFT’S SUPPLIERS ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE
SOFTWARE. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST
PROFITS, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES.
This limitation applies to (a) anything
related to the software, services, content (including code) on third party
Internet sites, or third-party applications; and (b) claims for breach of contract, warranty, guarantee, or condition;
strict liability, negligence, or other tort; or any other claim; in each case
to the extent permitted by applicable law. It also applies even if Microsoft or Apple knew or should
have known about the possibility of the damages. The above limitation or
exclusion may not apply to you because your state, province, or country may not
allow the exclusion or limitation of incidental, consequential, or other
damages.
24.
CONTACT INFORMATION. If you have questions, complaints or claims with respect to the
software, please contact the Microsoft affiliate serving your country (see https://aka.ms/msoffices).
Please note: As this software is distributed in
Canada, some of the clauses in this agreement are provided below in French.
Remarque: Ce logiciel étant distribué au
Canada, certaines des clauses dans ce contrat sont fournies ci-dessous en
français.
EXONÉRATION DE GARANTIE. Le logiciel visé par
une licence est offert « tel quel ». Toute utilisation de ce logiciel est à
votre seule risque et péril. Microsoft n’accorde aucune autre garantie
expresse. Vous pouvez bénéficier de droits additionnels en vertu du droit local
sur la protection des consommateurs, que ce contrat ne peut modifier. La ou
elles sont permises par le droit locale, les garanties implicites de qualité
marchande, d’adéquation à un usage particulier et d’absence de contrefaçon sont
exclues.
LIMITATION DES DOMMAGES-INTÉRÊTS ET EXCLUSION
DE RESPONSABILITÉ POUR LES DOMMAGES. Vous pouvez obtenir de Microsoft et de ses
fournisseurs une indemnisation en cas de dommages directs uniquement à hauteur
de 5,00 $ US. Vous ne pouvez prétendre à aucune indemnisation pour les autres
dommages, y compris les dommages spéciaux, indirects ou accessoires et pertes
de bénéfices.
Cette limitation concerne:
• tout
ce qui est relié au logiciel, aux services ou au contenu (y compris le code)
figurant sur des sites Internet tiers ou dans des programmes tiers; et
• les
réclamations au titre de violation de contrat ou de garantie, ou au titre de
responsabilité stricte, de négligence ou d’une autre faute dans la limite
autorisée par la loi en vigueur.
Elle s’applique également, même si Microsoft
connaissait ou devrait connaître l’éventualité d’un tel dommage. Si votre pays
n’autorise pas l’exclusion ou la limitation de responsabilité pour les dommages
indirects, accessoires ou de quelque nature que ce soit, il se peut que la
limitation ou l’exclusion ci-dessus ne s’appliquera pas à votre égard.
EFFET JURIDIQUE. Le présent contrat décrit
certains droits juridiques. Vous pourriez avoir d’autres droits prévus par les
lois de votre pays. Le présent contrat ne modifie pas les droits que vous
confèrent les lois de votre pays si celles-ci ne le permettent pas.