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Microsoft License Terms
Last updated June 2021
MICROSOFT SOFTWARE LICENSE TERMS
WINDOWS OPERATING SYSTEM
IF YOU LIVE IN (OR IF YOUR PRINCIPAL PLACE OF BUSINESS IS IN) THE
UNITED STATES, PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS
ACTION WAIVER IN SECTION 11. IT AFFECTS HOW DISPUTES ARE RESOLVED.
Thank you for choosing Microsoft!
Depending on how you obtained the Windows software, this is a license
agreement between (i) you and the device manufacturer or software
installer that distributes the software with your device; or (ii) you
and Microsoft Corporation (or, based on where you live or, if a
business, where your principal place of business is located, one of its
affiliates) if you acquired the software from a retailer. Microsoft is
the device manufacturer for devices produced by Microsoft or one of its
affiliates, and Microsoft is the retailer if you acquired the software
directly from Microsoft. If you are a volume license customer, use of
this software is subject to your volume license agreement rather than
this agreement.
This agreement describes your rights, obligations, and the conditions
upon which you may use the Windows software. You should review the
entire agreement, including any supplemental license terms that
accompany the software and any linked terms, because all of the terms
are important and together create this agreement that applies to you.
You can review linked terms by pasting the (aka.ms/) link into a
browser window.
By accepting this agreement or using the software, you agree to all of
these terms, and consent to the transmission of certain information
during activation and during your use of the software as per the
privacy statement described in Section 3. If you do not accept and
comply with these terms, you may not use the software or its features.
You may contact the device manufacturer or installer, or your retailer
if you purchased the software directly, to determine its return policy
and return the software or device for a refund or credit under that
policy. You must comply with that policy, which might require you to
return the software with the entire device on which the software is
installed for a refund or credit, if any.
1.A A A A A Overview.
a.A A A A A Applicability. This agreement applies to the Windows
software that is preinstalled on your device, or acquired from a
retailer and installed by you, the media on which you received the
software (if any), any fonts, icons, images or sound files included
with the software, and also any Microsoft updates, upgrades,
supplements or services for the software, unless other terms come with
them. It also applies to Windows apps developed by Microsoft that
provide functionality such as mail, contacts, music and photos that are
included with and are a part of Windows. If this agreement contains
terms regarding a feature or service not available on your device,
those terms do not apply.
b.A A A A A Additional terms. Additional Microsoft and third-party
terms may apply to your use of certain features, services and apps,
depending on your deviceaEUR(TM)s capabilities, how it is configured,
and how you use it. Please read them.
(i)A A A A A Some Windows apps provide an access point to, or rely on,
online services, and the use of those services is sometimes governed by
separate terms and privacy policies, such as the Microsoft Services
Agreement at https://aka.ms/msa. You can view these terms and policies
by looking at the service terms of use or the appaEUR(TM)s settings, as
applicable. The services may not be available in all regions.
(ii)A A A A Microsoft, or the device manufacturer or installer may
include additional apps, which will be subject to separate license
terms and privacy policies.
(iii)A A A The software may include third-party programs that are
licensed to you under this agreement, or under their own terms. License
terms, notices and acknowledgements, if any, for the third-party
programs can be viewed at https://aka.ms/thirdpartynotices.
(iv)A A A A To the extent included with Windows, Word, Excel,
PowerPoint and OneNote are licensed for your personal, non-commercial
use, unless you have commercial use rights under a separate agreement.
2.A A A A A Installation and Use Rights.
a.A A A A A License. The software is licensed, not sold. Under this
agreement, we grant you the right to install and run one instance of
the software on your device (the licensed device), for use by one
person at a time, so long as you comply with the terms and restrictions
contained in this agreement. Updating or upgrading from non-genuine
software with software from Microsoft or authorized sources does not
make your original version or the updated/upgraded version genuine, and
in that situation, you do not have a license to use the software.
b.A A A A A Device. In this agreement, aEURoedeviceaEUR means a local
hardware system (whether physical or virtual) with an internal storage
device capable of running the software. A hardware partition or blade
is considered to be a device.For purposes of this agreement,
aEURoedeviceaEUR does not include any hardware system (whether physical
or virtual) on which the software is installed or accessed solely for
remote use over a network.
c.A A A A A Restrictions. The device manufacturer or installer and
Microsoft reserve all rights (such as rights under intellectual
property laws) not expressly granted in this agreement and no other
rights are licensed to you. For the avoidance of doubt, this license
does not give you any right to, and you may not(and you may
notA permitA any other person or entity to):
(i)A A A A A use or virtualize features of the software separately;
(ii)A A A A publish, copy (other than the permitted backup copy),
rent, lease, or lend the software;
(iii)A A A transfer the software (except as permitted by this
agreement);
(iv)A A A work around any technical restrictions or limitations in the
software;
(v)A A A A use the software as server softwareor to operate the device
as a server, except as permitted under Section 2(d)(iii) below; use the
software to offer commercial hosting services; make the software
available for simultaneous use by more than one user over a network,
except as permitted under Section 2(d)(vi) below;install the software
on a server for remote access or use over a network; or install the
software on a device for use only by remote users;
(vi)A A A reverse engineer, decompile, or disassemble the software, or
attempt to do so, except and only to the extent that the foregoing
restriction is (a) permitted by applicable law; (b) permitted by
licensing terms governing the use of open-source components that may be
included with the software; or (c) required to debug changes to any
libraries licensed under the GNU Lesser General Public License that are
included with and linked to by the software; and
(vii)A A when using Internet-based features you may not use those
features in any way that could interfere with anyone elseaEUR(TM)s use
of them, or to try to gain access to or use any service, data, account,
or network, in an unauthorized manner.
d.A A A A A Multi-Use scenarios.
(i)A A A A A Multiple versions. If when acquiring the software you
were provided with multiple versions (such as 32-bit and 64-bit
versions), you may install and activate only one of those versions at a
time.
(ii)A A A A Multiple or pooled connections. Hardware or software you
use to multiplex or pool connections, or reduce the number of devices
or users that access or use the software, does not reduce the number of
licenses you need. You may only use such hardware or software if you
have a license for each instance of the software you are using.
(iii)A A A Device connections. You may allow up to 20 other devices to
access the software installed on the licensed device solely to use the
following software features for personal or internal purposes: file
services, print services, Internet information services, and Internet
connection sharing and telephony services on the licensed device. You
may allow any number of devices to access the software on the licensed
device to synchronize data between devices. This subsection does not
mean, however, that you have the right to install the software, or use
the primary function of the software (other than the features listed in
this subsection), on any of these other devices.
(iv)A A A Use in a virtualized environment. This license allows you to
install only one instance of the software for use on one device,
whether that device is physical or virtual. If you want to use the
software on more than one virtual device, you must obtain a separate
license for each instance.
(v)A A A A Remote access. No more than once every 90 days, you may
designate a single user who physically uses the licensed device as the
licensed user. The licensed user may access the licensed device from
another device using remote access technologiesfor a period of up
toA 365A days from theA last physical use. Other users, at different
times, may access the licensed device from another device using remote
access technologies, but only on devices separately licensed to run the
same or higher edition of this software.
(vi)A A A Remote assistance. You may use remote assistance
technologies to share an active session without obtaining any
additional licenses for the software. Remote assistance allows one user
to connect directly to another useraEUR(TM)s computer, usually to
correct problems.
e.A A A A A Backup copy. You may make a single copy of the software
for backup purposes, and may also use that backup copy to transfer the
software if it was acquired as stand-alone software, as described in
Section 4 below.
3.A A A A A Privacy; Consent to Use of Data. Your privacy is important
to us. Some of the software features send or receive information when
using those features. Many of these features can be switched off in the
user interface, or you can choose not to use them. By accepting this
agreement and using the software you agree that Microsoft may collect,
use, and disclose the information as described in the Microsoft Privacy
Statement at https://aka.ms/privacy, and as may be described in the
user interface associated with the software features.
4.A A A A A Transfer. The provisions of this section do not apply if
you acquired the software in Germany or in any of the countries listed
on this site https://aka.ms/transfer, in which case any transfer of the
software to a third party, and the right to use it, must comply with
applicable law.
a.A A A A A Software preinstalled on device. If you acquired the
software preinstalled on a device (and also if you upgraded from
software preinstalled on a device), you may transfer the license to use
the software directly to another user, only with the licensed device.
The transfer must include the software and, if provided with the
device, an authentic Windows label including the product key. Before
any permitted transfer, the other party must agree that this agreement
applies to the transfer and use of the software.
b.A A A A A Stand-alone software. If you acquired the software as
stand-alone software (and also if you upgraded from software you
acquired as stand-alone software), you may transfer the software to
another device that belongs to you. You may also transfer the software
to a device owned by someone else if (i) you are the first licensed
user of the software and (ii) the new user agrees to the terms of this
agreement. You may use the backup copy we allow you to make or the
media that the software came on to transfer the software. Every time
you transfer the software to a new device, you must remove the software
from the prior device. You may not transfer the software to share
licenses between devices.
5.A A A A A Authorized Software and Activation. You are authorized to
use this software only if you are properly licensed and the software
has been properly activated with a genuine product key or by other
authorized method. When you connect to the Internet while using the
software, the software will automatically contact Microsoft or its
affiliate to conduct activation to associate it with a certain device.
You can also activate the software manually by Internet or telephone.
In either case, transmission of certain information will occur, and
Internet, telephone and SMS service charges may apply. During
activation (or reactivation that may be triggered by changes to your
deviceaEUR(TM)s components), the software may determine that the
installed instance of the software is counterfeit, improperly licensed
or includes unauthorized changes. If activation fails, the software
will attempt to repair itself by replacing any tampered Microsoft
software with genuine Microsoft software. You may also receive
reminders to obtain a proper license for the software. Successful
activation does not confirm that the software is genuine or properly
licensed. You may not bypass or circumvent activation. To help
determine if your software is genuine and whether you are properly
licensed, see https://aka.ms/genuine. Certain updates, support, and
other services might be offered only to users of genuine Microsoft
software.
6.A A A A A Updates. The software periodically checks for system and
app updates, and downloads and installs them for you. You may obtain
updates only from Microsoft or authorized sources, and Microsoft may
need to update your system to provide you with those updates. By
accepting this agreement or using the software, you agree to receive
these types of automatic updates without any additional notice.
7.A A A A A Hardware Specifications; Downgrade Rights.
a.Hardware Specifications. Certain versions of the Windows software are
only compatible with hardware that meets specified system requirements
as indicated by Microsoft from time to time and available at
https://aka.ms/minhw.A
b.Downgrade Rights. If you acquired a device from a manufacturer or
installer with a Professional version of Windows preinstalled on it and
it is configured to run in full feature mode, you may downgrade to an
equivalent edition on a prior version of Windows Professional, but only
for so long as Microsoft provides support for that earlier version as
set forth at https://aka.ms/windowslifecycle, and supports that earlier
version on your hardware as set forth at https://aka.ms/minhw. This
agreement applies to your use of the earlier versions. If the earlier
version includes different components, any terms for those components
in the agreement that comes with the earlier version apply to your use
of such components. Neither the device manufacturer or installer, nor
Microsoft, is obligated to supply earlier versions to you. You must
obtain the earlier version separately, for which you may be charged a
fee. At any time, you may replace an earlier version with the version
you originally acquired.A
8.A A A A A 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,
visitA https://aka.ms/exporting.
9.A A A A A Warranty, Disclaimer, Remedy, Damages, and Procedures.
a.A A A A A Limited Warranty. Depending on how you obtained the
Windows software, Microsoft, or the device manufacturer or installer,
warrants that properly licensed software will perform substantially as
described in any Microsoft materials that accompany the software. This
limited warranty does not cover problems that you cause, that arise
when you fail to follow instructions, or that are caused by events
beyond the reasonable control of Microsoft, or the device manufacturer
or installer. The limited warranty starts when the first user acquires
the software, and lasts for one year if acquired from Microsoft, or for
90 days if acquired from a device manufacturer or installer. If you
obtain updates or supplements directly from Microsoft during the 90-day
term of the device manufactureraEUR(TM)s or installeraEUR(TM)s limited
warranty, Microsoft provides the limited warranty for those updates or
supplements. Any supplements, updates, or replacement software that you
may receive from Microsoft during that year are also covered, but only
for the remainder of that one-year period if acquired from Microsoft,
or for 90 days if acquired from a device manufacturer or installer, or
for 30 days, whichever is longer. Transferring the software will not
extend the limited warranty.
b.A A A A A Disclaimer. Neither Microsoft, nor the device manufacturer
or installer, gives any other express warranties, guarantees, or
conditions. Microsoft and the device manufacturer and installer exclude
all implied warranties and conditions, including those of
merchantability, fitness for a particular purpose, and
non-infringement. If your local law does not allow the exclusion of
implied warranties, then any implied warranties, guarantees, or
conditions last only during the term of the limited warranty and are
limited as much as your local law allows. If your local law requires a
longer limited warranty term, despite this agreement, then that longer
term will apply, but you can recover only the remedies this agreement
allows.
c.A A A A A Limited Remedy. If Microsoft, or the device manufacturer
or installer, breaches its limited warranty, it will, at its election,
either: (i) repair or replace the software at no charge, or (ii) accept
return of the software (or at its election the device on which the
software was preinstalled) for a refund of the amount paid, if any. The
device manufacturer or installer (or Microsoft if you acquired them
directly from Microsoft) may also repair or replace supplements,
updates, and replacement of the software or provide a refund of the
amount you paid for them, if any. These are your only remedies for
breach of warranty. This limited warranty gives you specific legal
rights, and you may also have other rights which vary from state to
state or country to country.
d.A A A A A Damages. Except for any repair, replacement, or refund
that Microsoft, or the device manufacturer or installer, may provide,
you may not under this limited warranty, under any other part of this
agreement, or under any theory, recover any damages or other remedy,
including lost profits or direct, consequential, special, indirect, or
incidental damages. The damage exclusions and remedy limitations in
this agreement apply even if repair, replacement, or a refund does not
fully compensate you for any losses, if Microsoft, or the device
manufacturer or installer, knew or should have known about the
possibility of the damages, or if the remedy fails of its essential
purpose. Some states and countries do not allow the exclusion or
limitation of incidental, consequential, or other damages, so those
limitations or exclusions may not apply to you. If your local law
allows you to recover damages from Microsoft, or the device
manufacturer or installer, even though this agreement does not, you
cannot recover more than you paid for the software (or up to $50 USD if
you acquired the software for no charge).
e.A A A A A Warranty and Refund Procedures. For service or refund, you
must provide a copy of your proof of purchase and comply with
MicrosoftaEUR(TM)s return policies if you acquired the software from
Microsoft, or the device manufactureraEUR(TM)s or installeraEUR(TM)s
return policies if you acquired the software from a device manufacturer
or installer. If you purchased stand-alone software, those return
policies might require you to uninstall the software and return it to
Microsoft. If you acquired the software pre-installed on a device,
those return policies may require return of the software with the
entire device on which the software is installed; the certificate of
authenticity label including the product key (if provided with your
device) must remain affixed. Contact the device manufacturer or
installer at the address or toll-free telephone number provided with
your device to find out how to obtain warranty service for the
software. If Microsoft is your device manufacturer or if you acquired
the software from a retailer, contact Microsoft at:
(i)A A A A A United States and Canada. Via telephone at (800)
MICROSOFT; via mail at Microsoft Customer Service and Support, One
Microsoft Way, Redmond, WA 98052-6399; or visit
https://aka.ms/nareturns.
(ii)A A A A Europe, Middle East, and Africa. Via mail at Microsoft
Ireland Operations Limited, Customer Care Centre, One Microsoft Place,
South Country Business Park, Leopardstown, Dublin 18, Ireland; or visit
https://aka.ms/mssupport.
(iii)A A A Australia. Via telephone at 13 20 58; via mail at Microsoft
Pty Ltd, 1 Epping Road, North Ryde NSW 2113 Australia; or visit
https://aka.ms/mssupport.
(iv)A A A Other countries. Contact the Microsoft affiliate serving
your country at https://aka.ms/mssupport.
10.A A A Support.
a.A A A A A For software preinstalled on a device. For the software
generally, contact the device manufacturer or installer for support
options. Refer to the support number provided with the software. For
updates and supplements obtained directly from Microsoft, Microsoft may
provide limited support services for properly licensed software as
described at https://aka.ms/mssupport.
b.A A A A A For software acquired from a retailer. Microsoft provides
limited support services for properly licensed software as described at
https://aka.ms/mssupport.
11.A A A Binding Arbitration and Class Action Waiver if You Live in
(or, if a Business, Your Principal Place of Business is in) the United
States.
We hope we never have a dispute, but if we do, you and we agree to try
for 60 days to resolve it informally. If we canaEUR(TM)t, you and we
agree to binding individual arbitration before the American Arbitration
Association (aEURoeAAAaEUR) under the Federal Arbitration Act
(aEURoeFAAaEUR), and not to sue in court in front of a judge or jury.
Instead, a neutral arbitrator will decide and the arbitratoraEUR(TM)s
decision will be final except for a limited right of review under the
FAA. Class action lawsuits, class-wide arbitrations, private
attorney-general actions, and any other proceeding where someone acts
in a representative capacity arenaEUR(TM)t allowed. Nor is combining
individual proceedings without the consent of all parties.
aEURoeWe,aEUR aEURoeour,aEUR and aEURoeusaEUR includes Microsoft, the
device manufacturer, and software installer.
a.A A A A A Disputes coveredaEUR"everything except IP. The term
aEURoedisputeaEUR is as broad as it can be. It includes any claim or
controversy between you and the device manufacturer or installer, or
you and Microsoft, concerning the software, its price, or this
agreement, under any legal theory including contract, warranty, tort,
statute, or regulation, except disputes relating to the enforcement or
validity of your, your licensorsaEUR(TM), our, or our licensorsaEUR(TM)
intellectual property rights.
b.A A A A A Mail a Notice of Dispute first. If you have a dispute and
our customer service representatives canaEUR(TM)t resolve it, send a
Notice of Dispute by U.S. Mail to the device manufacturer or installer,
ATTN: LEGAL DEPARTMENT. If your dispute is with Microsoft, mail it to
Microsoft Corporation, ATTN: CELA ARBITRATION, One Microsoft Way,
Redmond, WA 98052-6399. Tell us your name, address, how to contact you,
what the problem is, and what you want. A form is available
atA https://go.microsoft.com/fwlink/?LinkId=245499. WeaEUR(TM)ll do the
same if we have a dispute with you. After 60 days, you or we may start
an arbitration if the dispute is unresolved.
c.A A A A A Small claims court option. Instead of mailing a Notice of
Dispute, and if you meet the courtaEUR(TM)s requirements, you may sue
us in small claims court in your county of residence (or, if a
business, your principal place of business) or our principal place of
businessaEUR"King County, Washington USA if your dispute is with
Microsoft.
d.A A A A A Arbitration procedure. The AAA will conduct any
arbitration under its Commercial Arbitration Rules (or if you are an
individual and use the software for personal or household use, or if
the value of the dispute is $75,000 USD or less whether or not you are
an individual or how you use the software, its Consumer Arbitration
Rules). For more information, see https://aka.ms/adr or call
1-800-778-7879. To start an arbitration, submit the form available at
https://aka.ms/arbitration to the AAA; mail a copy to the device
manufacturer or installer (or to Microsoft if your dispute is with
Microsoft). In a dispute involving $25,000 USD or less, any hearing
will be telephonic unless the arbitrator finds good cause to hold an
in-person hearing instead. Any in-person hearing will take place in
your county of residence (or, if a business, your principal place of
business) or our principal place of businessaEUR"King County,
Washington if your dispute is with Microsoft. You choose. The
arbitrator may award the same damages to you individually as a court
could. The arbitrator may award declaratory or injunctive relief only
to you individually to satisfy your individual claim. Under AAA rules,
the arbitrator rules on his or her own jurisdiction, including the
arbitrability of any claim. But a court has exclusive authority to
enforce the prohibition on arbitration on a class-wide basis or in a
representative capacity.
e.A A A A A Arbitration fees and payments.
(i)A A A A A Disputes involving $75,000 USD or less. The device
manufacturer or installer (or Microsoft if your dispute is with
Microsoft) will promptly reimburse your filing fees and pay the
AAAaEUR(TM)s and arbitratoraEUR(TM)s fees and expenses. If you reject
our last written settlement offer made before the arbitrator was
appointed, your dispute goes all the way to an arbitratoraEUR(TM)s
decision (called an aEURoeawardaEUR), and the arbitrator awards you
more than this last written offer, the device manufacturer or installer
(or Microsoft if your dispute is with Microsoft) will: (1) pay the
greater of the award or $1,000 USD; (2) pay your reasonable
attorneyaEUR(TM)s fees, if any; and (3) reimburse any expenses
(including expert witness fees and costs) that your attorney reasonably
accrues for investigating, preparing, and pursuing your claim in
arbitration.
(ii)A A A A Disputes involving more than $75,000 USD. The AAA rules
will govern payment of filing fees and the AAAaEUR(TM)s and
arbitratoraEUR(TM)s fees and expenses.
f.A A A A A A Must file within one year. You and we must file in small
claims court or arbitration any claim or dispute (except intellectual
property disputes aEUR" see Section 11.a.) within one year from when it
first could be filed. Otherwise, itaEUR(TM)s permanently barred.
g.A A A A A Severability. If any part of Section 11 (Binding
Arbitration and Class Action Waiver) is found to be illegal or
unenforceable, the remainder will remain in effect (with an arbitration
award issued before any court proceeding begins), except that if a
finding of partial illegality or unenforceability would allow
class-wide or representative arbitration, Section 11 will be
unenforceable in its entirety.
h.A A A A A Conflict with AAA rules. This agreement governs if it
conflicts with the AAAaEUR(TM)s Commercial Arbitration Rules or
Consumer Arbitration Rules.
i.A A A A A A Microsoft as party or third-party beneficiary. If
Microsoft is the device manufacturer or if you acquired the software
from a retailer, Microsoft is a party to this agreement. Otherwise,
Microsoft is not a party but is a third-party beneficiary of your
agreement with the device manufacturer or installer to resolve disputes
through informal negotiation and arbitration.
12.A A A Governing Law. The laws of the state or country where you
live (or, if a business, where your principal place of business is
located) govern all claims and disputes concerning the software, its
price, or this agreement, including breach of contract claims and
claims under consumer protection laws, unfair competition laws, implied
warranty laws, for unjust enrichment, and in tort, regardless of
conflict of law principles. In the United States, the FAA governs all
provisions relating to arbitration.
13.A A A Consumer Rights, Regional Variations. This agreement
describes certain legal rights. You may have other rights, including
consumer rights, under the laws of your state or country. 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 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.A A A A A Australia. References to aEURoeLimited WarrantyaEUR are
references to the express warranty provided by Microsoft or the device
manufacturer or installer. This warranty is given in addition to other
rights and remedies you may have under law, including your rights and
remedies under the Australian Consumer Law consumer guarantees. Nothing
in this agreement limits or changes those rights and remedies. In
particular:
(i)A A A A A the provisions excluding and limiting warranties,
guarantees, damages and remedies, and limiting duration of your rights
under local laws in Section 9 headed Warranty, Disclaimer, Remedy,
Damages and Procedures do not apply to the Australian Consumer Law
consumer guarantees and your rights and remedies under them;
(ii)A A A A support and refund policies referred to in Sections 9.e
and 10 are subject to the Australian Consumer Law;
(iii)A A A the Australian Consumer Law consumer guarantees apply to
the evaluation software described in Section 14.d(ii) and the preview
software described in Section 14.d(iv); and
(iv)A A A our goods come with guarantees that cannot be excluded under
the Australian Consumer Law. In this subsection, aEURoegoodsaEUR refers
to the software for which Microsoft, or the device manufacturer or
installer provides the express warranty. You are entitled to a
replacement or refund for a major failure and compensation for any
other reasonably foreseeable loss or damage. You are also entitled to
have the goods repaired or replaced if the goods fail to be of
acceptable quality and the failure does not amount to a major failure.
To learn more about your rights under the Australian Consumer Law,
please review the information at https://aka.ms/acl.
b.A A A A A Canada. You may stop receiving updates on your device by
turning off Internet access. If and when you re-connect to the
Internet, the software will resume checking for and installing updates.
c.A A A A A European Union. The academic use restriction in Section
14.d(i) below does not apply in the jurisdictions listed at
https://go.microsoft.com/fwlink/?LinkId=534978.
d.A A A A A Germany and Austria.
(i)A A A A A Warranty. The properly licensed software will perform
substantially as described in any Microsoft materials that accompany
the software. However, the device manufacturer or installer, and
Microsoft, give no contractual guarantee in relation to the licensed
software.
(ii)A A A A 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, the device
manufacturer or installer, or Microsoft is liable according to the
statutory law.
Subject to the preceding sentence, the device manufacturer or
installer, or Microsoft will only be liable for slight negligence if
the device manufacturer or installer or 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, the device manufacturer or installer
or Microsoft will not be liable for slight negligence.
e.A A A A A Other regions. See
https://go.microsoft.com/fwlink/?LinkId=534978 for a current list of
regional variations.
14.A A A Additional Notices.
a.A A A A A Networks, data and Internet usage. Some features of the
software and services accessed through the software may require your
device to access the Internet. Your access and usage (including
charges) may be subject to the terms of your cellular or internet
provider agreement. Certain features of the software may help you
access the Internet more efficiently, but the softwareaEUR(TM)s usage
calculations may be different from your service provideraEUR(TM)s
measurements. You are always responsible for (i) understanding and
complying with the terms of your own plans and agreements, and (ii) any
issues arising from using or accessing networks, including public/open
networks. You may use the software to connect to networks, and to share
access information about those networks, only if you have permission to
do so.
b.A A A A A H.264/AVC and MPEG-4 visual standards and VC-1 video
standards. The software may include H.264/MPEG-4 AVC and/or VC-1
decoding technology. MPEG LA, L.L.C. requires this notice:
THIS PRODUCT IS LICENSED UNDER THE AVC, THE VC-1, AND THE MPEG-4 PART 2
VISUAL PATENT PORTFOLIO LICENSES FOR THE PERSONAL AND NON-COMMERCIAL
USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE ABOVE
STANDARDS (aEURoeVIDEO STANDARDSaEUR) AND/OR (ii) DECODE AVC, VC-1, AND
MPEG-4 PART 2 VIDEO 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 HTTPS://AKA.MS/MPEGLA.
c.A A A A A Malware protection. Microsoft cares about protecting your
device from malware. The software will turn on malware protection if
other protection is not installed or has expired. To do so, other
antimalware software will be disabled or may have to be removed.
d.A A A A A Limited rights versions. If the software version you
acquired is marked or otherwise intended for a specific or limited use,
then you may only use it as specified. You may not use such versions of
the software for commercial, non-profit, or revenue-generating
activities.
(i)A A A A A Academic. For academic use, you must be a student,
faculty or staff of an educational institution at the time of purchase.
(ii)A A A A Evaluation. For evaluation (or test or demonstration) use,
you may not sell the software, use it in a live operating environment,
or use it after the evaluation period. Notwithstanding anything to the
contrary in this Agreement, evaluation software is provided aEURoeAS
ISaEUR and no warranty, implied or express (including the Limited
Warranty), applies to these versions.
(iii)A A A NFR. You may not sell software marked as aEURoeNFRaEUR or
aEURoeNot for ResaleaEUR.
(iv)A A A A Preview. You may choose to use preview, insider, beta, or
other pre-release versions of the software (aEURoepreviewsaEUR) that
Microsoft may make available. You may use previews only up to the
softwareaEUR(TM)s expiration date and so long as you comply with all
the terms of this agreement. Previews are experimental and may be
substantially different from the commercially released version.
Notwithstanding anything to the contrary in this agreement, previews
are provided aEURoeAS IS,aEUR and no warranty, implied or express
(including the Limited Warranty), applies to these versions. By
installing previews on your device, you may void or impact your device
warranty and may not be entitled to support from your device
manufacturer or network operator, if applicable. Microsoft is not
responsible for any damage thereby caused to you. Microsoft may not
provide support services for previews. If you provide Microsoft
comments, suggestions or other feedback about the preview
(aEURoesubmissionaEUR), you grant Microsoft and its partners rights to
use the submission in any way and for any purpose.
15.A A A Entire Agreement. This agreement (together with the printed
paper license terms or other terms accompanying any software
supplements, updates, and services that are provided by the device
manufacturer or installer, or Microsoft, and that you use), and the
terms contained in web links listed in this agreement, are the entire
agreement for the software and any such supplements, updates, and
services (unless the device manufacturer or installer, or Microsoft,
provides other terms with such supplements, updates, or services). You
can review this agreement after your software is running by going to
https://aka.ms/useterms or going to Settings - System - About within
the software. You can also review the terms at any of the links in this
agreement by typing the URLs into a browser address bar, and you agree
to do so. You agree that you will read the terms before using the
software or services, including any linked terms. You understand that
by using the software and services, you ratify this agreement and the
linked terms. There are also informational links in this agreement. The
links containing notices and binding terms are:
A.A A A A A A A Microsoft Privacy Statement https://aka.ms/privacy
A.A A A A A A A Microsoft Services Agreement https://aka.ms/msa
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