Microsoft Software License Terms

1. INSTALLATION AND USE RIGHTS.

• 1. Installation and Use. You may install and use one copy of the software on up to five (5) Windows Phone enabled devices that are affiliated with the Microsoft account you use to access the Windows Phone Store/Marketplace.

  2. This software requires connection to computer systems running validly licensed copies of Microsoft Skype for Business or Microsoft Skype for Business Online over an internet-based wireless network. Updates or upgrades to Microsoft Skype for Business Server may be required for full functionality. Some functionality may not be available in all countries.

  3. Third Party Programs. The software may include third party programs that Microsoft, not the third party, licenses to you under this agreement. Notices, if any, for the third party program are included for your information only.

2. INTERNET ACCESS MAY BE REQUIRED.

You may incur charges related to Internet access, data transfer and other services per the terms of the data service plan and any other agreement you have with your network operator due to use of the software. You are solely responsible for any network operator charges.

3. INTERNET-BASED SERVICES.

Microsoft provides Internet-based services with the software. It may change or cancel them at any time.

• 1. Consent for Internet-Based or Wireless Services. The software may connect to Internet-based wireless services. Your use of the software operates as your consent to the transmission of standard device information (including but not limited to technical information about your device, system and application software, and peripherals) for Internet-based or wireless services. If other terms are provided in connection with your use of the services, those terms also apply.

  2. Misuse of Internet-based Services. You may not use any Internet-based service in any way that could harm it or impair anyone else’s use of it or the wireless network. You may not use the service to try to gain unauthorized access to any service, data, account or network by any means.

4. SCOPE OF LICENSE.

The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not

• work around any technical limitations in the software;

• reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;

• make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;

• publish the software for others to copy;

• rent, lease or lend the software; or

• transfer the software or this agreement to any third party.

5. DOCUMENTATION.

If documentation is provided with the software, you may copy and use the documentation for your internal, reference purposes.

6. TRANSFER TO ANOTHER DEVICE.

You may uninstall the software and install it on another device for your use. You may not do so to share this license between devices beyond the scope of this agreement.

7. EXPORT RESTRICTIONS.

The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.

8. SUPPORT SERVICES.

Because this software is “as is,” we may not provide support services for it. Your phone manufacturer and your wireless carrier are not responsible for providing support services for the software.

9. ENTIRE AGREEMENT.

This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.

10. APPLICABLE LAW.

• 1. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.

  2. Canada. If you acquired the software in Canada, the laws of the province where you live govern the interpretation of this agreement, claims for breach of it, and all other claims (including consumer protection, unfair competition, and tort claims), regardless of conflict of law principles.

  3. Outside the United States. If you acquired the software in any other country, the laws of that country apply.

11. LEGAL EFFECT.

This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.

12. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS-IS,” “WITH ALL FAULTS,” AND “AS-AVAILABLE.” YOU BEAR THE RISK OF USING IT. MICROSOFT AND WIRELESS CARRIERS OVER WHOSE NETWORK THE SOFTWARE IS DISTRIBUTED, AND EACH OF OUR RESPECTIVE AFFILIATES, AND SUPPLIERS (“COVERED PARTIES”) GIVE NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS UNDER OR IN RELATION TO THE SOFTWARE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD THE SOFTWARE BE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, COVERED PARTIES EXCLUDE THE IMPLIED WARRANTIES OR CONDITIONS, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

FOR AUSTRALIA – YOU HAVE STATUTORY GUARANTEES UNDER THE AUSTRALIAN CONSUMER LAW AND NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS.

13. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, YOU CAN RECOVER FROM MICROSOFT ONLY DIRECT DAMAGES UP TO ONE U.S. DOLLAR ($1.00). YOU AGREE NOT TO SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM ANY COVERED PARTIES.

This limitation applies to

• anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and

• claims for breach of contract, warranty, guarantee or condition; consumer protection; deception; unfair competition; strict liability, negligence, misrepresentation, omission, trespass or other tort; violation of statute or regulation; or unjust enrichment; all to the extent permitted by applicable law.

It also applies even if:

• Repair, replacement or refund for the software does not fully compensate you for any losses; or

• Covered Parties knew or should have known about the possibility of the damages.

The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.